Common use of Permitted Use; Proprietary Information; Equipment Clause in Contracts

Permitted Use; Proprietary Information; Equipment. (a) Upon delivery to the Fund of software enabling it to utilize ACCESS (the "Software"), the Custodian grants to the Fund a personal, nontransferable and nonexclusive license to use the Software solely for the purpose of transmitting Written Instructions, receiving reports, making inquiries or otherwise communicating with the Custodian in connection with the Account(s) or the Omnibus Account. The Fund shall use the Software solely for its own internal and proper business purposes and not in the operation of a service bureau. Except as set forth herein, no license or right of any kind is granted to the Fund with respect to the Software. The Fund acknowledges that the Custodian and its suppliers retain and have title and exclusive proprietary rights to the Software, including any trade secrets or other ideas, concepts, know-how, methodologies, or information incorporated therein and the exclusive rights to any copyrights, trademarks and patents (including registrations and applications for registration of either), or other statutory or legal protections available in respect thereof. The Fund further acknowledges that all or a part of the Software may be copyrighted or trademarked (or a registration or claim made therefor) by the Custodian or its suppliers. The Fund shall not take any action with respect to the Software inconsistent with the foregoing acknowledgments, nor shall the Fund attempt to decompile, reverse engineer or modify the Software. The Fund may not copy, sell, lease or provide, directly or indirectly, any of the Software or any portion thereof to any other person or entity without the Custodian's prior written consent. The Fund may not remove any statutory copyright notice or other notice included in the Software or on any media containing the Software. The Fund shall reproduce any such notice on any reproduction of the Software and shall add any statutory copyright notice or other notice to the Software or media upon the Custodian's reasonable request.

Permitted Use; Proprietary Information; Equipment. (a) Upon delivery to the a Fund of software enabling it such Fund to utilize ACCESS (the "Software"), the Custodian Bank grants to the Fund a personal, nontransferable and nonexclusive license to use the Software solely for the purpose of transmitting Written Instructions, receiving reports, making inquiries or otherwise communicating with the Custodian Bank in connection with the Account(s) or the Omnibus Account. The Each Fund shall use the Software solely for its own internal and proper business purposes and not in the operation of a service bureau. Except as set forth herein, no license or right of any kind is granted to the any Fund with respect to the Software. The Each Fund acknowledges that the Custodian Bank and its suppliers retain and have title and exclusive proprietary rights to the Software, including any trade secrets or other ideas, concepts, know-how, methodologies, or information incorporated therein and the exclusive rights to any copyrights, trademarks and patents (including registrations and applications for registration of either), or other statutory or legal protections available in respect thereof. The Each Fund further acknowledges that all or a part of the Software may be copyrighted or trademarked (or a registration or claim made therefor) by the Custodian Bank or its suppliers. The No Fund shall not take any action with respect to the Software inconsistent with the foregoing acknowledgments, nor shall the any Fund attempt to decompile, reverse engineer or modify the Software. The No Fund may not copy, sell, lease or provide, directly or indirectly, any of the Software or any portion thereof to any other person or entity without the CustodianBank's prior written consent. The No Fund may not remove any statutory copyright notice or other notice included in the Software or on any media containing the Software. The Each Fund shall reproduce any such notice on any reproduction of the Software and shall add any statutory copyright notice or other notice to the Software or media upon the CustodianBank's reasonable request. (b) Each Fund acknowledges that all data bases made available as part of, or through ACCESS, and any proprietary data, processes, information and documentation (other than any such which are or become part of the public domain or are legally required to be made available to the public and other than information concerning any Fund) (collectively, the "Information"), are the exclusive and confidential property of the Bank. Each Fund shall keep the Information confidential by using the same care and discretion that each Fund uses with respect to its own confidential property and trade secrets, and shall neither make nor permit any disclosure without the express prior written consent of the Bank, provided that nothing herein shall limit the right of each Fund to make such disclosure of Information as may be required by statute, rule, regulation or judicial process. The Bank acknowledges that all information concerning the Funds ("Fund Information") is the exclusive and confidential property of the Fund to which it pertains. The Bank shall keep the Fund Information confidential by using the same care and discretion that the Bank uses with respect to its own confidential property and trade secrets, and shall not authorize any disclosure without the express prior written consent of such Fund, provided that the Bank may without any prior consent disclose the same to its internal and external accountants, auditors, and counsel, to its and each respective Fund's regulators, and to any other person or entity whenever the Bank is advised by its counsel that it may be liable for a failure to make such disclosure. (c) Each Fund shall obtain and maintain at its own cost and expense all equipment and services, including but not limited to communications services, necessary for it to utilize ACCESS and receive the services thereby, and the Bank shall not be responsible for the reliability or availability of any such equipment or any services used in connection with ACCESS. (d) Upon termination of this Agreement for any reason, each Fund shall return to the Bank any and all copies of the Information which are in such Fund's possession or under its control, or distributed to third parties. The provisions of this Article shall not affect the copyright status of any of the Information which may be copyrighted and shall apply to all Information whether or not copyrighted.

Permitted Use; Proprietary Information; Equipment. (a) Upon delivery to the a Fund of software enabling it such Fund to utilize ACCESS (the "Software"), the Custodian Bank grants to the Fund a personal, nontransferable and nonexclusive license to use the Software solely for the purpose of transmitting Written Instructions, receiving reports, making inquiries or otherwise communicating with the Custodian Bank in connection with the Account(s) or the Omnibus Account. The Each Fund shall use the Software solely for its own internal and proper business purposes and not in the operation of a service bureau. Except as set forth herein, no license or right of any kind is granted to the any Fund with respect to the Software. The Each Fund acknowledges that the Custodian Bank and its suppliers retain and have title and exclusive proprietary rights to the Software, including any trade secrets or other ideas, concepts, know-how, methodologies, or information incorporated therein and the exclusive rights to any copyrights, trademarks and patents (including registrations and applications for registration of either), or other statutory or legal protections available in respect thereof. The Each Fund further acknowledges that all or a part of the Software may be copyrighted or trademarked (or a registration or claim made therefor) by the Custodian Bank or its suppliers. The No Fund shall not take any action with respect to the Software inconsistent with the foregoing acknowledgments, nor shall the any Fund attempt to decompile, reverse engineer or modify the Software. The No Fund may not copy, sell, lease or provide, directly or indirectly, any of the Software or any portion thereof to any other person or entity without the CustodianBank's prior written consent. The No Fund may not remove any statutory copyright notice or other notice included in the Software or on any media containing the Software. The Each Fund shall reproduce any such notice on any reproduction of the Software and shall add any statutory copyright notice or other notice to the Software or media upon the CustodianBank's reasonable request. (b) Each Fund acknowledges that all data bases made available as part of, or through ACCESS, and any proprietary data, processes, information and documentation (other than any such which are or become part of the public domain or are legally required to be made available to the public) (collectively, the "Information"), are the exclusive and confidential property of the Bank. Each Fund shall keep the Information confidential by using the same care and discretion that each Fund uses with respect to its own confidential property and trade secrets, and shall neither make nor permit any disclosure without the express prior written consent of the Bank. (c) Each Fund shall obtain and maintain at its own cost and expense all equipment and services, including but not limited to communications services, necessary for it to utilize ACCESS and receive the services thereby, and the Bank shall not be responsible for the reliability or availability of any such equipment or any services used in connection with ACCESS. (d) Upon termination of this Agreement for any reason, each Fund shall return to the Bank any and all copies of the Information which are in such Fund's possession or under its control, or distributed to third parties. The provisions of this Article shall not affect the copyright status of any of the Information which may be copyrighted and shall apply to all Information whether or not copyrighted.

Permitted Use; Proprietary Information; Equipment. (a) Upon delivery to the a Fund of software enabling it such Fund to utilize ACCESS (the "Software"), the Custodian Bank grants to the Fund a personal, nontransferable and nonexclusive license to use the Software solely for the purpose of transmitting Written Instructions, receiving reports, making inquiries or otherwise communicating with the Custodian Bank in connection with the Account(s) or the Omnibus Account). The Each Fund shall use the Software solely for its own internal and proper business purposes and not in the operation of a service bureau. Except as set forth herein, no license or right of any kind is granted to the any Fund with respect to the Software. The Each Fund acknowledges that the Custodian Bank and its suppliers retain and have title and exclusive proprietary rights to the Software, including any trade secrets or other ideas, concepts, know-how, methodologies, or information incorporated therein and the exclusive rights to any copyrights, trademarks and patents (including registrations and applications for registration of either), or other statutory or legal protections available in respect thereof. The Each Fund further acknowledges that all or a part of the Software may be copyrighted or trademarked (or a registration or claim made therefor) by the Custodian Bank or its suppliers. The No Fund shall not take any action with respect to the Software inconsistent with the foregoing acknowledgments, nor shall the any Fund attempt to decompile, reverse engineer or modify the Software. The No Fund may not copy, sell, lease or provide, directly or indirectly, any of the Software or any portion thereof to any other person or entity without the CustodianBank's prior written consent. The No Fund may not remove any statutory copyright notice or other notice included in the Software or on any media containing the Software. The Each Fund shall reproduce any such notice on any reproduction of the Software and shall add any statutory copyright notice or other notice to the Software or media upon the CustodianBank's reasonable request. (b) Each Fund acknowledges that all data bases made available as part of, or through ACCESS, and any proprietary data, processes, information and documentation (other than any such which are or become part of the public domain or are legally required to be made available to the public) (collectively, the "Information"), are the exclusive and confidential property of the Bank. Each Fund shall keep the Information confidential by using the same care and discretion that each Fund uses with respect to its own confidential property and trade secrets, and shall neither make nor permit any disclosure without the express prior written consent of the Bank. (c) Each Fund shall obtain and maintain at its own cost and expense all equipment and services, including but not limited to communications services, necessary for it to utilize ACCESS and receive the services thereby, and the Bank shall not be responsible for the reliability or availability of any such equipment or any services used in connection with ACCESS. (d) Upon termination of this Agreement for any reason, each Fund shall return to the Bank any and all copies of the Information which are in such Fund's possession or under its control, or distributed to third parties. The provisions of this Article shall not affect the copyright status of any of the Information which may be copyrighted and shall apply to all Information whether or not copyrighted.

Permitted Use; Proprietary Information; Equipment. (a) Upon delivery to the a Fund of software enabling it such Fund to utilize ACCESS (the "Software"), the Custodian Bank grants to the Fund a personal, nontransferable and nonexclusive license to use the Software solely for the purpose of transmitting Written Instructions, receiving reports, making inquiries or otherwise communicating with the Custodian Bank in connection with the Account(s) or the Omnibus Account. The Each Fund shall use the Software solely for its own internal and proper business purposes and not in the operation of a service bureau. Except as set forth herein, no license or right of any kind is granted to the any Fund with respect to the Software. The Each Fund acknowledges that the Custodian Bank and its suppliers retain and have title and exclusive proprietary rights to the Software, including any trade secrets or other ideas, concepts, know-how, methodologies, or information incorporated therein and the exclusive rights to any copyrights, trademarks and patents (including registrations and applications for registration of either), or other statutory or legal protections available in respect thereof. The Each Fund further acknowledges that all or a part of the Software may be copyrighted or trademarked (or a registration or claim made therefor) by the Custodian Bank or its suppliers. The No Fund shall not take any action with respect to the Software inconsistent with the foregoing acknowledgments, nor shall the any Fund attempt to decompile, reverse engineer or modify the Software. The No Fund may not copy, sell, lease or provide, directly or indirectly, any of the Software or any portion thereof to any other person or entity without the CustodianBank's prior written consent. The No Fund may not remove any statutory copyright notice or other notice included in the Software or on any media containing the Software. The Each Fund shall reproduce any such notice on any reproduction of the Software and shall add any statutory copyright notice or other notice to the Software or media upon the CustodianBank's reasonable request. (b) Each Fund acknowledges that all data bases made available as part of, or through ACCESS, and any proprietary data, processes, information and documentation (other than

Permitted Use; Proprietary Information; Equipment. (a) Upon delivery to the a Fund of software enabling it such Fund to utilize ACCESS an Electronic Service (the "Software"), the Custodian Bank grants to the Fund a personal, nontransferable and nonexclusive license to use the Software solely for the purpose of transmitting Written Instructions, receiving reports, making inquiries or otherwise communicating with the Custodian Bank in connection with the Account(s) or the Omnibus Account. The Each Fund shall use the Software solely for its own internal and proper business purposes and not in the operation of a service bureau. Except as set forth herein, no license or right of any kind is granted to the any Fund with respect to the Software. The Each Fund acknowledges that the Custodian Bank and its suppliers retain and have title and exclusive proprietary rights to the Software, including any trade secrets or other ideas, concepts, know-how, methodologies, or information incorporated therein and the exclusive rights to any copyrights, trademarks and patents (including registrations and applications for registration of either), or other statutory or legal protections available in respect thereof. The Each Fund further acknowledges that all or a part of the Software may be copyrighted or trademarked (or a registration or claim made therefor) by the Custodian Bank or its suppliers. The No Fund shall not take any action with respect to the Software inconsistent with the foregoing acknowledgments, nor shall the any Fund attempt to decompile, reverse engineer or modify the Software. The No Fund may not copy, sell, lease or provide, directly or indirectly, any of the Software or any portion thereof to any other person or entity without the CustodianBank's prior written consent. The No Fund may not remove any statutory copyright notice or other notice included in the Software or on any media containing the Software. The Each Fund shall reproduce any such notice on any reproduction of the Software and shall add any statutory copyright notice or other notice to the Software or media upon the CustodianBank's reasonable request. (b) Each Fund acknowledges that all data bases made available as part of, or through an Electronic Service, and any proprietary data, processes, information and documentation (other than any such which are or become part of the public domain or are legally required to be made available to the public) (collectively, the "Information"), are the exclusive and confidential property of the Bank. Each Fund shall keep the Information confidential by using the same care and discretion that each Fund uses with respect to its own confidential property and trade secrets, and shall neither make nor permit any disclosure without the express prior written consent of the Bank. (c) Each Fund shall obtain and maintain at its own cost and expense all equipment and services, including but not limited to communications services, necessary for it to utilize an Electronic Service and receive the services thereby, and the Bank shall not be responsible for the reliability or availability of any such equipment or any services used in connection with an Electronic Service. (d) Upon termination of this Agreement for any reason, each Fund shall return to the Bank any and all copies of the Information which are in such Fund's possession or under its control, or distributed to third parties. The provisions of this Article shall not affect the copyright status of any of the Information which may be copyrighted and shall apply to all Information whether or not copyrighted.