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.
Appears in 9 contracts
Samples: Custodian and Fund Accounting Agreement (Jp Morgan Institutional Funds), Custodian and Fund Accounting Agreement (International Equity Portfolio /George Town/), Custodian and Fund Accounting Agreement (Short Term Bond Portfolio)
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.
Appears in 5 contracts
Samples: Management and Related Services Agreement (Milestone Funds), Cash Management and Related Services Agreement (Institutional Investors Capital Appreciation Fund Inc), Management and Related Services Agreement (Tuscarora Investment Trust)
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.
Appears in 1 contract
Samples: Funds Transfer Agreement (Williams Capital Management Trust)
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.
Appears in 1 contract
Samples: Management and Related Services Agreement (Victory Institutional Funds)