Common use of Ownership; Proprietary Rights Clause in Contracts

Ownership; Proprietary Rights. You acknowledge and agree that: 5.1 GrammaTech and, as applicable, GrammaTech’s suppliers and licensors, reserve all rights in the Software not expressly granted to You in this Software License. The Software is licensed, not sold, and remains the exclusive property of GrammaTech and, as applicable, its suppliers and licensors who retain the title, copyright, and all other intellectual property rights in the Software. This Software License gives You no rights to the content of the Software; 5.2 The Software is protected by copyright and other intellectual property laws and treaties, including but not limited to those of the United States of America. You will abide by the copyright law and all other applicable laws of the United States including, but not limited to, export control laws; 5.3 The Software in source code form remains a confidential trade secret of GrammaTech and, as applicable, its suppliers and its licensors and, therefore, You will not modify the Software or attempt to decipher, decompile, disassemble, or reverse engineer the Software, except to the extent applicable laws may specifically prohibit such restriction; 5.4 CodeSonar® and CodeSurfer® are registered trademarks of GrammaTech; 5.5 Unless You have purchased Software Maintenance Services, GrammaTech has no obligation to maintain the Software, and if it chooses to maintain the Software it has no obligation to You related thereto. Notwithstanding, GrammaTech has no obligation to maintain versions of the Software that have reached the end of lifecycle, as determined by GrammaTech; 5.6 You represent and warrant that You have the right, title, or grant of license to analyze, modify, and/or use the Software in conjunction with the source and/or binary code to which You apply the Software. You shall defend, indemnify, and hold GrammaTech, its officers, directors, employees, licensors, and suppliers harmless from any and all claims, suits, damages, costs, and expenses, including reasonable attorneys fees as they are incurred, that You do not have the right, title, or license to use the Software as warranted by You. GrammaTech will provide (i) a prompt written request for indemnification or defense; (ii) sole control and authority over the defense or settlement thereof; and (iii) at Your expense, all available information, assistance and authority reasonably necessary to settle and/or defend any such claim or action. You shall have no authority to enter into or acquiesce to any settlement containing any admission of or stipulation to any guilt, fault, liability or wrongdoing on the part of GrammaTech or which would otherwise adversely affect GrammaTech without GrammaTech’s prior written consent; and 5.7 The Software may contain third-party software provided under separate license terms, including, but not limited to open source software. The applicable license terms associated with such are identified in the Software Documentation and can also be provided upon request within a reasonable period of time thereafter. Your use of such third-party software in conjunction with the Software in a manner consistent with the terms of this Software License is permitted. However, you may have broader rights under the applicable license(s) with respect to the separate use of such third-party software and nothing in this Software License is intended to impose further restrictions on your use of such third-party software as provided for in the separate license. ALL THIRD-PARTY SOFTWARE, INCLUDING, BUT NOT LIMITED TO OPEN SOURCE SOFTWARE IS PROVIDED “AS-IS” AND WITHOUT WARRANTY OF ANY KIND, WHICH ARE HEREBY DISCLAIMED BY GRAMMATECH AND ALL LICENSORS OF THIRD-PARTY SOFTWARE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES RELATING TO THE RELIABILITY, AVAILABILITY, LACK OF VIRUSES OR OTHER MALWARE, LACK OF NEGLIGENCE, CONDITION OF TITLE, QUIET TITLE OR POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT. GRAMMATECH AND THE LICENSORS OF THIRD-PARTY SOFTWARE SHALL HAVE NO LIABILITY FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, LOST PROFITS, LOST DATA, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR SIMILAR DAMAGES UNDER ANY THEORY OF LIABILITY ARISING OR RELATED TO THE USE OF DISCLOSURE OF THIRD-PARTY SOFTWARE.

Ownership; Proprietary Rights. You acknowledge and agree that: 5.1 GrammaTech and, as applicable, GrammaTech’s suppliers and licensors, reserve all rights in the Software not expressly granted to You in this Software License. The Software is licensed, not sold, and remains the exclusive property of GrammaTech and, as applicable, its suppliers and licensors who retain the title, copyright, and all other intellectual property rights in the Software. This Software License gives You no rights to the content of the Software; 5.2 The Software is protected by copyright and other intellectual property laws and treaties, including but not limited to those of the United States of America. You will abide by the copyright law and all other applicable laws of the United States including, but not limited to, export control laws; 5.3 The Software in source code form remains a confidential trade secret of GrammaTech and, as applicable, its suppliers and its licensors and, therefore, You will not modify the Software or attempt to decipher, decompile, disassemble, or reverse engineer the Software, except to the extent applicable laws may specifically prohibit such restriction; 5.4 CodeSonar® and ®, CodeSurfer®, CodeSentry® are registered trademarks of GrammaTech; 5.5 Unless You have purchased Software Maintenance Services, GrammaTech has no obligation to maintain the Software, and if it chooses to maintain the Software it has no obligation to You related thereto. Notwithstanding, GrammaTech has no obligation to maintain versions of the Software that have reached the end of lifecycle, as determined by GrammaTech; 5.6 You represent and warrant that You have the right, title, or grant of license to analyze, modify, and/or use the Software in conjunction with the source and/or binary code to which You apply the Software. You shall defend, indemnify, and hold GrammaTech, its officers, directors, employees, licensors, and suppliers harmless from any and all claims, suits, damages, costs, and expenses, including reasonable attorneys fees as they are incurred, that You do not have the right, title, or license to use the Software as warranted by You. GrammaTech will provide (i) a prompt written request for indemnification or defense; (ii) sole control and authority over the defense or settlement thereof; and (iii) at Your expense, all available information, assistance and authority reasonably necessary to settle and/or defend any such claim or action. You shall have no authority to enter into or acquiesce to any settlement containing any admission of or stipulation to any guilt, fault, liability or wrongdoing on the part of GrammaTech or which would otherwise adversely affect GrammaTech without GrammaTech’s prior written consent; and 5.7 The Software may contain third-party software provided under separate license terms, including, but not limited to open source software. The applicable license terms associated with such are identified in the Software Documentation and can also be provided upon request within a reasonable period of time thereafter. Your use of such third-party software in conjunction with the Software in a manner consistent with the terms of this Software License is permitted. However, you may have broader rights under the applicable license(s) with respect to the separate use of such third-party software and nothing in this Software License is intended to impose further restrictions on your use of such third-party software as provided for in the separate license. ALL THIRD-PARTY SOFTWARE, INCLUDING, BUT NOT LIMITED TO OPEN SOURCE SOFTWARE IS PROVIDED “AS-IS” AND WITHOUT WARRANTY OF ANY KIND, WHICH ARE HEREBY DISCLAIMED BY GRAMMATECH AND ALL LICENSORS OF THIRD-PARTY SOFTWARE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES RELATING TO THE RELIABILITY, AVAILABILITY, LACK OF VIRUSES OR OTHER MALWARE, LACK OF NEGLIGENCE, CONDITION OF TITLE, QUIET TITLE OR POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT. GRAMMATECH AND THE LICENSORS OF THIRD-PARTY SOFTWARE SHALL HAVE NO LIABILITY FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, LOST PROFITS, LOST DATA, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR SIMILAR DAMAGES UNDER ANY THEORY OF LIABILITY ARISING OR RELATED TO THE USE OF DISCLOSURE OF THIRD-PARTY SOFTWARE.

Ownership; Proprietary Rights. You acknowledge and agree that: 5.1 GrammaTech and, as applicable, GrammaTech’s suppliers and licensors, reserve all rights in the Software not expressly granted to You in this Software License. The Software is licensed, not sold, and remains the exclusive property of GrammaTech and, as applicable, its suppliers and licensors who retain the title, copyright, and all other intellectual property rights in the Software. This Software License gives You no rights to the content of the Software; 5.2 The Software is protected by copyright and other intellectual property laws and treaties, including but not limited to those of the United States of America. You will abide by the copyright law and all other applicable laws of the United States including, but not limited to, export control laws; 5.3 The Software in source code form remains a confidential trade secret of GrammaTech and, as applicable, its suppliers and its licensors and, therefore, You will not modify the Software or attempt to decipher, decompile, disassemble, disassemble or reverse engineer the Software, except to the extent applicable laws may specifically prohibit such restriction; 5.4 CodeSonar® and CodeSurfer® are registered trademarks of GrammaTech; 5.5 Unless You have purchased Software Maintenance Services, GrammaTech has no obligation to maintain the Software, and if it chooses to maintain the Software it has no obligation to You related thereto. Notwithstanding, GrammaTech has no obligation to maintain versions of the Software that have reached the end of lifecycle, as determined by GrammaTech; 5.6 You represent and warrant that You have the right, title, or grant of license to analyze, modify, and/or use the Software in conjunction with the source and/or binary code to which You apply the Software. You shall defend, indemnify, and hold GrammaTech, its officers, directors, employees, licensors, and suppliers harmless from any and all claims, suits, damages, costs, and expenses, including reasonable attorneys fees as they are incurred, that You do not have the right, title, or license to use the Software as warranted by You. GrammaTech will provide (i) a prompt written request for indemnification or defense; (ii) sole control and authority over the defense or settlement thereof; and (iii) at Your expense, all available information, assistance and authority reasonably necessary to settle and/or defend any such claim or action. You shall have no authority to enter into or acquiesce to any settlement containing any admission of or stipulation to any guilt, fault, liability or wrongdoing on the part of GrammaTech or which would otherwise adversely affect GrammaTech without GrammaTech’s prior written consent; and 5.7 The Software may contain third-party software provided under separate license terms, including, but not limited to open source software. The applicable license terms associated with such are identified in the Software Documentation and can also be provided upon request within a reasonable period of time thereafter. Your use of such third-party software in conjunction with the Software in a manner consistent with the terms of this Software License is permitted. However, you may have broader rights under the applicable license(s) with respect to the separate use of such third-party software and nothing in this Software License is intended to impose further restrictions on your use of such third-party software as provided for in the separate license. ALL THIRD-PARTY SOFTWARE, INCLUDING, BUT NOT LIMITED TO OPEN SOURCE SOFTWARE IS PROVIDED “AS-IS” AND WITHOUT WARRANTY OF ANY KIND, WHICH ARE HEREBY DISCLAIMED BY GRAMMATECH AND ALL LICENSORS OF THIRD-PARTY SOFTWARE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES RELATING TO THE RELIABILITY, AVAILABILITY, LACK OF VIRUSES OR OTHER MALWARE, LACK OF NEGLIGENCE, CONDITION OF TITLE, QUIET TITLE OR POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT. GRAMMATECH AND THE LICENSORS OF THIRD-PARTY SOFTWARE SHALL HAVE NO LIABILITY FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, LOST PROFITS, LOST DATA, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR SIMILAR DAMAGES UNDER ANY THEORY OF LIABILITY ARISING OR RELATED TO THE USE OF DISCLOSURE OF THIRD-PARTY SOFTWARE.

Ownership; Proprietary Rights. You acknowledge and agree that: 5.1 GrammaTech and, as applicable, GrammaTech’s suppliers and or licensors, reserve all rights in the Software not expressly granted to You in this Software License. The Software is licensed, not sold, and remains the exclusive property of GrammaTech and, as applicable, its suppliers and or licensors who retain the title, copyright, and all other intellectual property rights in the Software. This Software License gives You no rights to the content of the Software; 5.2 The Software is protected by copyright and other intellectual property laws and treaties, including but not limited to those of the United States of America. You will abide by the copyright law and all other applicable laws of the United States including, but not limited to, export control laws; 5.3 The Software in source code form remains a confidential trade secret of GrammaTech and, as applicable, its suppliers and its licensors and, therefore, You will not modify the Software or attempt to decipher, decompile, disassemble, disassemble or reverse engineer the Software, except to the extent applicable laws may specifically prohibit such restriction; 5.4 CodeSonar® and CodeSurfer® are is a registered trademarks trademark of GrammaTech; 5.5 Unless You you have purchased Software Maintenance Services, GrammaTech has no obligation to maintain the Software, and if it chooses to maintain the Software it has no obligation to You related thereto. Notwithstanding, GrammaTech has no obligation to maintain versions of the Software that have reached the end of lifecycle, as determined by GrammaTech; 5.6 You represent and warrant that You have the right, title, or grant of license to analyze, modify, and/or use the Software in conjunction with the source and/or binary code to which You apply the Software. You shall defend, indemnify, and hold GrammaTech, its officers, directors, employees, licensors, and suppliers harmless from any and all claims, suits, damages, costs, and expenses, including reasonable attorneys fees as they are incurred, that You do not have the right, title, or license to use the Software as warranted by You. GrammaTech will provide (i) a prompt written request for indemnification or defense; (ii) sole control and authority over the defense or settlement thereof; and (iii) at Your expense, all available information, assistance and authority reasonably necessary to settle and/or defend any such claim or action. You shall have no authority to enter into or acquiesce to any settlement containing any admission of or stipulation to any guilt, fault, liability or wrongdoing on the part of GrammaTech or which would otherwise adversely affect GrammaTech without GrammaTech’s prior written consentXxxxxxXxxx; and 5.7 5.6 The Software may contain third-party software provided under separate license terms, including, but not limited to open source software. The applicable license terms associated with such are identified in the Software Documentation and can also be provided upon request within a reasonable period of time thereafterDocumentation. Your use of such third-party software in conjunction with the Software in a manner consistent with the terms of this Software License is permitted. However, you may have broader rights under the applicable license(s) with respect to the separate use of such third-party software and nothing in this Software License is intended to impose further restrictions on your use of such third-party software as provided for in the separate license. ALL THIRD-PARTY SOFTWARE, INCLUDING, BUT NOT LIMITED TO OPEN SOURCE SOFTWARE IS PROVIDED “AS-IS” AND WITHOUT WARRANTY OF ANY KIND, WHICH ARE HEREBY DISCLAIMED BY GRAMMATECH AND ALL LICENSORS OF THIRD-PARTY SOFTWARE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES RELATING TO THE RELIABILITY, AVAILABILITY, LACK OF VIRUSES OR OTHER MALWARE, LACK OF NEGLIGENCE, CONDITION OF TITLE, QUIET TITLE OR POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT. GRAMMATECH AND THE LICENSORS OF THIRD-PARTY SOFTWARE SHALL HAVE NO LIABILITY FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, LOST PROFITS, LOST DATA, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR SIMILAR DAMAGES UNDER ANY THEORY OF LIABILITY ARISING OR RELATED TO THE USE OF DISCLOSURE OF THIRD-PARTY SOFTWARE.

Ownership; Proprietary Rights. You acknowledge and agree that: 5.1 GrammaTech and, as applicable, GrammaTech’s suppliers and or licensors, reserve all rights in the Software not expressly granted to You in this Software License. The Software is licensed, not sold, and remains the exclusive property of GrammaTech and, as applicable, its suppliers and or licensors who retain the title, copyright, and all other intellectual property rights in the Software. This Software License gives You no rights to the content of the Software; 5.2 The Software is protected by copyright and other intellectual property laws and treaties, including but not limited to those of the United States of America. You will abide by the copyright law and all other applicable laws of the United States including, but not limited to, export control laws; 5.3 The Software in source code form remains a confidential trade secret of GrammaTech and, as applicable, its suppliers and its licensors and, therefore, You will not modify the Software or attempt to decipher, decompile, disassemble, disassemble or reverse engineer the Software, except to the extent applicable laws may specifically prohibit such restriction; 5.4 CodeSonar® and CodeSurfer® are is a registered trademarks trademark of GrammaTech; 5.5 Unless You you have purchased Software Maintenance Services, GrammaTech has no obligation to maintain the Software, and if it chooses to maintain the Software it has no obligation to You related thereto. Notwithstanding, GrammaTech has no obligation to maintain versions of the Software that have reached the end of lifecycle, as determined by GrammaTech; 5.6 You represent and warrant that You have the right, title, or grant of license to analyze, modify, and/or use the Software in conjunction with the source and/or binary code to which You apply the Software. You shall defend, indemnify, and hold GrammaTech, its officers, directors, employees, licensors, and suppliers harmless from any and all claims, suits, damages, costs, and expenses, including reasonable attorneys fees as they are incurred, that You do not have the right, title, or license to use the Software as warranted by You. GrammaTech will provide (i) a prompt written request for indemnification or defense; (ii) sole control and authority over the defense or settlement thereof; and (iii) at Your expense, all available information, assistance and authority reasonably necessary to settle and/or defend any such claim or action. You shall have no authority to enter into or acquiesce to any settlement containing any admission of or stipulation to any guilt, fault, liability or wrongdoing on the part of GrammaTech or which would otherwise adversely affect GrammaTech without GrammaTech’s prior written consentXxxxxxXxxx; and 5.7 5.6 The Software may contain third-party software provided under separate license terms, including, but not limited to open source software. The applicable license terms associated with such are identified in the Software Documentation and can also be provided upon request within a reasonable period of time thereafterDocumentation. Your use of such third-party software in conjunction with the Software in a manner consistent with the terms of this Software License is permitted. However, you may have broader rights under the applicable license(s) with respect to the separate use of such third-party software and nothing in this Software License is intended to impose further restrictions on your use of such third-party software as provided for in the separate license. ALL THIRD-PARTY SOFTWARE, INCLUDING, BUT NOT LIMITED TO OPEN SOURCE SOFTWARE IS PROVIDED “AS-IS” AND WITHOUT WARRANTY OF ANY KIND, WHICH ARE HEREBY DISCLAIMED BY GRAMMATECH AND ALL LICENSORS OF THIRD-PARTY SOFTWARE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES RELATING TO THE RELIABILITY, AVAILABILITY, LACK OF VIRUSES OR OTHER MALWARE, LACK OF NEGLIGENCE, CONDITION OF TITLE, QUIET TITLE OR POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT. GRAMMATECH AND THE LICENSORS OF THIRD-PARTY SOFTWARE SHALL HAVE NO LIABILITY FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, LOST PROFITS, LOST DATA, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR SIMILAR DAMAGES UNDER ANY THEORY OF LIABILITY ARISING OR RELATED TO THE USE OF DISCLOSURE OF THIRD-PARTY SOFTWARE.

Ownership; Proprietary Rights. You acknowledge and agree that: 5.1 GrammaTech and, as applicable, GrammaTech’s suppliers and licensors, reserve all rights in the Software not expressly granted to You in this Software License. The Software is licensed, not sold, and remains the exclusive property of GrammaTech and, as applicable, its suppliers and licensors who retain the title, copyright, and all other intellectual property rights in the Software. This Software License gives You no rights to the content of the Software; 5.2 The Software is protected by copyright and other intellectual property laws and treaties, including but not limited to those of the United States of America. You will abide by the copyright law and all other applicable laws of the United States including, but not limited to, export control laws; 5.3 The Software in source code form remains a confidential trade secret of GrammaTech and, as applicable, its suppliers and its licensors and, therefore, You will not modify the Software or attempt to decipher, decompile, disassemble, or reverse engineer the Software, except to the extent applicable laws may specifically prohibit such restriction; 5.4 CodeSonar® ®, CodeSurfer®, and CodeSurferCodeSentry® are registered trademarks of GrammaTech; 5.5 Unless You have purchased Software Maintenance Services, GrammaTech has no obligation to maintain the Software, and if it chooses to maintain the Software it has no obligation to You related thereto. Notwithstanding, GrammaTech has no obligation to maintain versions of the Software that have reached the end of lifecycle, as determined by GrammaTech; 5.6 You represent and warrant that You have the right, title, or grant of license to analyze, modify, and/or use the Software in conjunction with the source and/or binary code to which You apply the Software. You shall defend, indemnify, and hold GrammaTech, its officers, directors, employees, licensors, and suppliers harmless from any and all claims, suits, damages, costs, and expenses, including reasonable attorneys fees as they are incurred, that You do not have the right, title, or license to use the Software as warranted by You. GrammaTech will provide (i) a prompt written request for indemnification or defense; (ii) sole control and authority over the defense or settlement thereof; and (iii) at Your expense, all available information, assistance and authority reasonably necessary to settle and/or defend any such claim or action. You shall have no authority to enter into or acquiesce to any settlement containing any admission of or stipulation to any guilt, fault, liability or wrongdoing on the part of GrammaTech or which would otherwise adversely affect GrammaTech without GrammaTech’s prior written consent; and 5.7 The Software may contain third-party software provided under separate license terms, including, but not limited to open source software. The applicable license terms associated with such are identified in the Software Documentation and can also be provided upon request within a reasonable period of time thereafter. Your use of such third-party software in conjunction with the Software in a manner consistent with the terms of this Software License is permitted. However, you may have broader rights under the applicable license(s) with respect to the separate use of such third-party software and nothing in this Software License is intended to impose further restrictions on your use of such third-party software as provided for in the separate license. ALL THIRD-PARTY SOFTWARE, INCLUDING, BUT NOT LIMITED TO OPEN SOURCE SOFTWARE IS PROVIDED “AS-IS” AND WITHOUT WARRANTY OF ANY KIND, WHICH ARE HEREBY DISCLAIMED BY GRAMMATECH AND ALL LICENSORS OF THIRD-PARTY SOFTWARE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES RELATING TO THE RELIABILITY, AVAILABILITY, LACK OF VIRUSES OR OTHER MALWARE, LACK OF NEGLIGENCE, CONDITION OF TITLE, QUIET TITLE OR POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT. GRAMMATECH AND THE LICENSORS OF THIRD-PARTY SOFTWARE SHALL HAVE NO LIABILITY FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, LOST PROFITS, LOST DATA, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR SIMILAR DAMAGES UNDER ANY THEORY OF LIABILITY ARISING OR RELATED TO THE USE OF DISCLOSURE OF THIRD-PARTY SOFTWARE.

Ownership; Proprietary Rights. You acknowledge and agree that: 5.1 GrammaTech and, as applicable, GrammaTech’s suppliers and licensors, reserve all rights in the Software not expressly granted to You in this Software License. The Software is licensed, not sold, and remains the exclusive property of GrammaTech and, as applicable, its suppliers and licensors who retain the title, copyright, and all other intellectual property rights in the Software. This Software License gives You no rights to the content of the Software; 5.2 The Software is protected by copyright and other intellectual property laws and treaties, including but not limited to those of the United States of America. You will abide by the copyright law and all other applicable laws of the United States including, but not limited to, export control laws; 5.3 The Software in source code form remains a confidential trade secret of GrammaTech and, as applicable, its suppliers and its licensors and, therefore, You will not modify the Software or attempt to decipher, decompile, disassemble, or reverse engineer the Software, except to the extent applicable laws may specifically prohibit such restriction; 5.4 CodeSonar® and CodeSurfer® are registered trademarks of GrammaTech; 5.5 Unless You have purchased Software Maintenance Services, GrammaTech has no obligation to maintain the Software, and if it chooses to maintain the Software it has no obligation to You related thereto. Notwithstanding, GrammaTech has no obligation to maintain versions of the Software that have reached the end of lifecycle, as determined by GrammaTech; 5.6 You represent and warrant that You have the right, title, or grant of license to analyze, modify, and/or use the Software in conjunction with the source and/or binary code to which You apply the Software. You shall defend, indemnify, and hold GrammaTech, its officers, directors, employees, licensors, and suppliers harmless from any and all claims, suits, damages, costs, and expenses, including reasonable attorneys fees as they are incurred, that You do not have the right, title, or license to use the Software as warranted by You. GrammaTech will provide (i) a prompt written request for indemnification or defense; (ii) sole control and authority over the defense or settlement thereof; and (iii) at Your expense, all available information, assistance and authority reasonably necessary to settle and/or defend any such claim or action. You shall have no authority to enter into or acquiesce to any settlement containing any admission of or stipulation to any guilt, fault, liability or wrongdoing on the part of GrammaTech or which would otherwise adversely affect GrammaTech without GrammaTech’s prior written consent; and 5.7 The Software may contain third-party software provided under separate license terms, including, but not limited to open source software. The applicable license terms associated with such are identified in the Software Documentation and can also be provided upon request within a reasonable period of time thereafter. Your use of such third-party software in conjunction with the Software in a manner consistent with the terms of this Software License is permitted. However, you may have broader rights under the applicable license(s) with respect to the separate use of such third-party software and nothing in this Software License is intended to impose further restrictions on your use of such third-party software as provided for in the separate license. ALL THIRD-PARTY SOFTWARE, INCLUDING, BUT NOT LIMITED TO OPEN SOURCE SOFTWARE IS PROVIDED “"AS-IS” " AND WITHOUT WARRANTY OF ANY KIND, WHICH ARE HEREBY DISCLAIMED BY GRAMMATECH AND ALL LICENSORS OF THIRD-PARTY SOFTWARE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES RELATING TO THE RELIABILITY, AVAILABILITY, LACK OF VIRUSES OR OTHER MALWARE, LACK OF NEGLIGENCE, CONDITION OF TITLE, QUIET TITLE OR POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT. GRAMMATECH AND THE LICENSORS OF THIRD-PARTY SOFTWARE SHALL HAVE NO LIABILITY FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, LOST PROFITS, LOST DATA, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR SIMILAR DAMAGES UNDER ANY THEORY OF LIABILITY ARISING OR RELATED TO THE USE OF DISCLOSURE OF THIRD-PARTY SOFTWARE.