Common use of Permitted Uses and Restrictions Clause in Contracts

Permitted Uses and Restrictions. (a) LLNS hereby grants End User the non-exclusive, nontransferable right and license to compile, install and use the Software in source code form during the term of this Agreement only at the location listed by End User in Exhibit A. (b) End User may not rent, lease, lend, loan, redistribute, sublicense or otherwise transfer the Software to any third party (including but not limited to any parent, subsidiary or affiliate of End User), use the Software for service bureau or time- sharing purposes or as a software as a service or application service provider model, or in any other way allow third parties to exploit the Software, or take any action to permit others to copy or use the Software outside the license granted in the preceding paragraph. (c) From time to time, LLNS may, but is not obligated to, provide patches, bug fixes or other updates that are required or recommended for the proper functioning of the Software (“Software Updates”). This Agreement allows Software Updates to be installed on any computer on which the Software is being used as permitted under this Agreement. Once installed on such computer(s), Software Updates shall become subject to this Agreement and all references in this Agreement to Software shall include the Software and all installed Software Updates. From time to time, LLNS may, but is not obligated to, make new versions of the Software available for license by End User. Such new versions will be subject to a new license agreement and may require payment of additional consideration. (d) End User may copy the Software solely to the extent necessary to exercise the foregoing license and save one additional copy of the Software on a computer, CD, hard drive or other storage media solely for backup and archival purposes; provided however that (i) End User must reproduce all copyright notices and other proprietary notices on any copies of the Software and must not remove or alter those notices; and (ii) all copies of the Software shall be subject to the terms of this Agreement. (e) Except to the extent expressly permitted in this Agreement or by applicable law, End User may not copy, reproduce, publish, post, publicly display, transmit, distribute, modify, sell or participate in any sale of or exploit the Software or any part thereof. Any attempt to do so is a violation of the rights of LLNS and may subject End User to prosecution and damages. If End User creates derivative works of the Software, it will provide copies to LLNS together with a perpetual worldwide nonexclusive royalty-free license for LLNS to use them for its own non-commercial purposes. (f) End User will implement sufficient restrictions to control access to the Software, will maintain a list of personnel that have access to the Software, along with their countries of citizenship, and will make such list available to LLNS upon request. The parties agree that LLNS would have access to such list for the sole purpose of monitoring End User’s use of the Software and compliance with the terms of this Agreement, and not for other data collection or processing purposes. End User certifies to LLNS that it has obtained, or will obtain, all necessary consents from its personnel to provide such a list to LLNS in compliance with applicable data privacy laws.

Appears in 4 contracts

Samples: Software End User License Agreement, Software End User License Agreement, Software End User License Agreement

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Permitted Uses and Restrictions. (a) LLNS hereby grants End User the non-exclusive, nontransferable right and license to compile, install and use the Software in source code executable form during the term of this Agreement only for its own internal purposes and at the single location listed by End User in Exhibit A. (b) End User may not rent, lease, lend, loan, redistribute, sublicense or otherwise transfer the Software to any third party (including but not limited to any parent, subsidiary or affiliate of End User), use the Software for service bureau or time- time-sharing purposes or as a software as a service or application service provider model, or in any other way allow third parties to exploit the Software, or take any action to permit others to copy or use the Software outside the license granted in the preceding paragraph. (c) From time to time, LLNS may, but is not obligated to, provide patches, bug fixes or other updates that are required or recommended for the proper functioning of the Software (“Software Updates”). This Agreement allows Software Updates to be installed on any computer on which the Software is being used as permitted under this Agreement. Once installed on such computer(s), Software Updates shall become subject to this Agreement and all references in this Agreement to Software shall include the Software and all installed Software Updates. From time to time, LLNS may, but is not obligated to, make new versions of the Software available for license by End User. Such new versions will be subject to a new license agreement and may require payment of additional consideration. (d) End User may copy the Software solely to the extent necessary to exercise the foregoing license and save one additional copy of the Software on a computer, CD, hard drive or other storage media solely for backup and archival purposes; provided however that (i) End User must reproduce all copyright notices and other proprietary notices on any copies of the Software and must not remove or alter those notices; and (ii) all copies of the Software shall be subject to the terms of this Agreement. (e) Except to the extent expressly permitted in this Agreement or by applicable law, End User may not copy, reproduce, publish, post, publicly display, transmit, distribute, modify, decompile, reverse engineer, reverse compile, disassemble, attempt to derive the source code of, decrypt, create derivative works, sell or participate in any sale of or exploit the Software or any part thereof. Any attempt to do so is a violation of the rights of LLNS and may subject End User to prosecution and damages. If End User creates derivative works of the Software, it will provide copies to LLNS together with a perpetual worldwide nonexclusive royalty-free license for LLNS to use them for its own non-commercial purposes. (f) End User will implement sufficient restrictions to control access to the Software, will maintain a list of personnel that have access to the Software, along with their countries of citizenship, and will make such list available to LLNS upon request. The parties agree that LLNS would have access to such list for the sole purpose of monitoring End User’s use of the Software and compliance with the terms of this Agreement, and not for other data collection or processing purposes. End User certifies to LLNS that it has obtained, or will obtain, all necessary consents from its personnel to provide such a list to LLNS in compliance with applicable data privacy laws.

Appears in 3 contracts

Samples: End User License Agreement, End User Source Code License Agreement, End User License Agreement

Permitted Uses and Restrictions. (a) LLNS hereby grants End User the non-exclusive, nontransferable right and license to compile, install and use the Software in source code form during the term of this Agreement only for its own internal purposes and at the single location listed by End User in Exhibit A. (b) End User may not rent, lease, lend, loan, redistribute, sublicense or otherwise transfer the Software to any third party (including but not limited to any parent, subsidiary or affiliate of End User), use the Software for service bureau or time- time-sharing purposes or as a software as a service or application service provider model, or in any other way allow third parties to exploit the Software, or take any action to permit others to copy or use the Software outside the license granted in the preceding paragraph. (c) From time to time, LLNS may, but is not obligated to, provide patches, bug fixes or other updates that are required or recommended for the proper functioning of the Software (“Software Updates”). This Agreement allows Software Updates to be installed on any computer on which the Software is being used as permitted under this Agreement. Once installed on such computer(s), Software Updates shall become subject to this Agreement and all references in this Agreement to Software shall include the Software and all installed Software Updates. From time to time, LLNS may, but is not obligated to, make new versions of the Software available for license by End User. Such new versions will be subject to a new license agreement and may require payment of additional consideration. (d) End User may copy the Software solely to the extent necessary to exercise the foregoing license and save one additional copy of the Software on a computer, CD, hard drive or other storage media solely for backup and archival purposes; provided however that (i) End User must reproduce all copyright notices and other proprietary notices on any copies of the Software and must not remove or alter those notices; and (ii) all copies of the Software shall be subject to the terms of this Agreement. (e) Except to the extent expressly permitted in this Agreement or by applicable law, End User may not copy, reproduce, publish, post, publicly display, transmit, distribute, modify, create derivative works, sell or participate in any sale of or exploit the Software or any part thereof. Any attempt to do so is a violation of the rights of LLNS and may subject End User to prosecution and damages. If End User creates derivative works of the Software, it will provide copies to LLNS together with a perpetual worldwide nonexclusive royalty-free license for LLNS to use them for its own non-commercial purposes. (f) End User will implement sufficient restrictions to control access to the Software, will maintain a list of personnel that have access to the Software, along with their countries of citizenship, and will make such list available to LLNS upon request. The parties agree that LLNS would have access to such list for the sole purpose of monitoring End User’s use of the Software and compliance with the terms of this Agreement, and not for other data collection or processing purposes. End User certifies to LLNS that it has obtained, or will obtain, all necessary consents from its personnel to provide such a list to LLNS in compliance with applicable data privacy laws.

Appears in 2 contracts

Samples: Software End User License Agreement, End User Source Code License Agreement

Permitted Uses and Restrictions. (a) LLNS hereby grants End User Licensee the non-exclusive, nontransferable right and license to compile, install and use the Software in source code executable form during the term of this Agreement only to evaluate the Software for internal, noncommercial, nonproduction, testing purposes only, to decide whether to seek a license to use or commercialize the Software under a separate written agreement mutually agreeable to the Parties. Such evaluation use and installation is only allowed at the location listed in the license category chosen by End User Licensee in Exhibit A. (b) End User Licensee may not rent, lease, lend, loan, redistribute, sublicense or otherwise transfer the Software to any third party (including but not limited to any parent, subsidiary or affiliate of End UserLicensee), use the Software for service bureau or time- sharing purposes or as a software as a service (SAAS) or application service provider model, or in any other way allow third parties to exploit the Software, or take any action to use or permit others to copy or use the Software outside the license granted in the preceding paragraph. (c) From time to time, LLNS may, but is not obligated to, provide patches, bug fixes or other updates that are required or recommended for the proper functioning of the Software (“Software Updates”). This Agreement allows Software Updates to be installed on any computer on which the Software is being used as permitted under this Agreement. Once installed on such computer(s), Software Updates shall become subject to this Agreement and all references in this Agreement to Software shall include the Software and all installed Software Updates. From time to time, LLNS may, but is not obligated to, make new versions of the Software available for license by End UserLicensee. Such new versions will be subject to a new license agreement and may require payment of additional consideration. (d) End User Licensee may copy the Software solely to the extent necessary to exercise the foregoing license and save one additional copy of the Software on a computer, CD, hard drive or other storage media solely for backup and archival purposes; provided however that (i) End User Licensee must reproduce all copyright notices and other proprietary notices on any copies of the Software and must not remove or alter those notices; and (ii) all copies of the Software shall be subject to the terms of this Agreement. (e) Except to the extent expressly permitted in this Agreement or by applicable law, End User Licensee may not copy, reproduce, publish, post, publicly display, transmit, distribute, modify, decompile, reverse engineer, reverse compile, disassemble, attempt to derive the source code of, decrypt, create derivative works, sell or participate in any sale of or exploit the Software or any part thereof. Any attempt to do so is a violation of the rights of LLNS and may subject End User Licensee to prosecution and damages. If End User creates derivative works of the Software, it will provide copies to LLNS together with a perpetual worldwide nonexclusive royalty-free license for LLNS to use them for its own non-commercial purposes. (f) End User will implement sufficient restrictions to control access to the Software, will maintain a list of personnel that have access to the Software, along with their countries of citizenship, and will make such list available to LLNS upon request. The parties agree that LLNS would have access to such list for the sole purpose of monitoring End User’s use of the Software and compliance with the terms of this Agreement, and not for other data collection or processing purposes. End User certifies to LLNS that it has obtained, or will obtain, all necessary consents from its personnel to provide such a list to LLNS in compliance with applicable data privacy laws.

Appears in 2 contracts

Samples: End User Executable License Agreement, End User Executable License Agreement

Permitted Uses and Restrictions. (a) LLNS hereby grants End User the non-exclusive, nontransferable right and license to compile, install and use the Software in source code form during the term of this Agreement only for its own internal purposes and at the location listed by End User in Exhibit A. (b) End User may not rent, lease, lend, loan, redistribute, sublicense or otherwise transfer the Software to any third party (including but not limited to any parent, subsidiary or affiliate of End User), use the Software for service bureau or time- sharing purposes or as a software as a service or application service provider model, or in any other way allow third parties to exploit the Software, or take any action to permit others to copy or use the Software outside the license granted in the preceding paragraph. (c) From time to time, LLNS may, but is not obligated to, provide patches, bug fixes or other updates that are required or recommended for the proper functioning of the Software (“Software Updates”). This Agreement allows Software Updates to be installed on any computer on which the Software is being used as permitted under this Agreement. Once installed on such computer(s), Software Updates shall become subject to this Agreement and all references in this Agreement to Software shall include the Software and all installed Software Updates. From time to time, LLNS may, but is not obligated to, make new versions of the Software available for license by End User. Such new versions will be subject to a new license agreement and may require payment of additional consideration. (d) End User may copy the Software solely to the extent necessary to exercise the foregoing license and save one additional copy of the Software on a computer, CD, hard drive or other storage media solely for backup and archival purposes; provided however that (i) End User must reproduce all copyright notices and other proprietary notices on any copies of the Software and must not remove or alter those notices; and (ii) all copies of the Software shall be subject to the terms of this Agreement. (e) Except to the extent expressly permitted in this Agreement or by applicable law, End User may not copy, reproduce, publish, post, publicly display, transmit, distribute, modify, create derivative works, sell or participate in any sale of or exploit the Software or any part thereof. Any attempt to do so is a violation of the rights of LLNS and may subject End User to prosecution and damages. If End User creates derivative works of the Software, it will provide copies to LLNS together with a perpetual worldwide nonexclusive royalty-free license for LLNS to use them for its own non-commercial purposes. (f) End User will implement sufficient restrictions to control access to the Software, will maintain a list of personnel that have access to the Software, along with their countries of citizenship, and will make such list available to LLNS upon request. The parties agree that LLNS would have access to such list for the sole purpose of monitoring End User’s use of the Software and compliance with the terms of this Agreement, and not for other data collection or processing purposes. End User certifies to LLNS that it has obtained, or will obtain, all necessary consents from its personnel to provide such a list to LLNS in compliance with applicable data privacy laws.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

Permitted Uses and Restrictions. (a) LLNS hereby grants End User the non-exclusive, nontransferable right and license to compile, install and use the Software in source code executable form during the term of this Agreement only for its own internal purposes and at the location listed in the license category chosen by End User in Exhibit A. (b) End User may not rent, lease, lend, loan, redistribute, sublicense or otherwise transfer the Software to any third party (including but not limited to any parent, subsidiary or affiliate of End User), use the Software for service bureau or time- sharing purposes or as a software as a service (SAAS) or application service provider model, or in any other way allow third parties to exploit the Software, or take any action to permit others to copy or use the Software outside the license granted in the preceding paragraph. (c) From time to time, LLNS may, but is not obligated to, provide patches, bug fixes or other updates that are required or recommended for the proper functioning of the Software (“Software Updates”). This Agreement allows Software Updates to be installed on any computer on which the Software is being used as permitted under this Agreement. Once installed on such computer(s), Software Updates shall become subject to this Agreement and all references in this Agreement to Software shall include the Software and all installed Software Updates. From time to time, LLNS may, but is not obligated to, make new versions of the Software available for license by End User. Such new versions will be subject to a new license agreement and may require payment of additional consideration. (d) End User may copy the Software solely to the extent necessary to exercise the foregoing license and save one additional copy of the Software on a computer, CD, hard drive or other storage media solely for backup and archival purposes; provided however that (i) End User must reproduce all copyright notices and other proprietary notices on any copies of the Software and must not remove or alter those notices; and (ii) all copies of the Software shall be subject to the terms of this Agreement. (e) Except to the extent expressly permitted in this Agreement or by applicable law, End User may not copy, reproduce, publish, post, publicly display, transmit, distribute, modify, decompile, reverse engineer, reverse compile, disassemble, attempt to derive the source code of, decrypt, create derivative works, sell or participate in any sale of or exploit the Software or any part thereof. Any attempt to do so is a violation of the rights of LLNS and may subject End User to prosecution and damages. If End User creates derivative works of the Software, it will provide copies to LLNS together with a perpetual worldwide nonexclusive royalty-free license for LLNS to use them for its own non-commercial purposes. (f) End User will implement sufficient restrictions to control access to the Software, will maintain a list of personnel that have access to the Software, along with their countries of citizenship, and will make such list available to LLNS upon request. The parties agree that LLNS would have access to such list for the sole purpose of monitoring End User’s use of the Software and compliance with the terms of this Agreement, and not for other data collection or processing purposes. End User certifies to LLNS that it has obtained, or will obtain, all necessary consents from its personnel to provide such a list to LLNS in compliance with applicable data privacy laws.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

Permitted Uses and Restrictions. (a) LLNS hereby grants End User the non-exclusive, nontransferable right and license to compile, install and use the Software in source code executable form during the term of this Agreement only for its own internal purposes and at the single location listed by End User in Exhibit A. (b) End User may not rent, lease, lend, loan, redistribute, sublicense or otherwise transfer the Software to any third party (including but not limited to any parent, subsidiary or affiliate of End User), use the Software for service bureau or time- sharing purposes or as a software as a service or application service provider model, or in any other way allow third parties to exploit the Software, or take any action to permit others to copy or use the Software outside the license granted in the preceding paragraph. (c) From time to time, LLNS may, but is not obligated to, provide patches, bug fixes or other updates that are required or recommended for the proper functioning of the Software (“Software Updates”). This Agreement allows Software Updates to be installed on any computer on which the Software is being used as permitted under this Agreement. Once installed on such computer(s), Software Updates shall become subject to this Agreement and all references in this Agreement to Software shall include the Software and all installed Software Updates. From time to time, LLNS may, but is not obligated to, make new versions of the Software available for license by End User. Such new versions will be subject to a new license agreement and may require payment of additional consideration. (d) End User may copy the Software solely to the extent necessary to exercise the foregoing license and save one additional copy of the Software on a computer, CD, hard drive or other storage media solely for backup and archival purposes; provided however that (i) End User must reproduce all copyright notices and other proprietary notices on any copies of the Software and must not remove or alter those notices; and (ii) all copies of the Software shall be subject to the terms of this Agreement. (e) Except to the extent expressly permitted in this Agreement or by applicable law, End User may not copy, reproduce, publish, post, publicly display, transmit, distribute, modify, decompile, reverse engineer, reverse compile, disassemble, attempt to derive the source code of, decrypt, create derivative works, sell or participate in any sale of or exploit the Software or any part thereof. Any attempt to do so is a violation of the rights of LLNS and may subject End User to prosecution and damages. If End User creates derivative works of the Software, it will provide copies to LLNS together with a perpetual worldwide nonexclusive royalty-free license for LLNS to use them for its own non-commercial purposes. (f) End User will implement sufficient restrictions to control access to the Software, will maintain a list of personnel that have access to the Software, along with their countries of citizenship, and will make such list available to LLNS upon request. The parties agree that LLNS would have access to such list for the sole purpose of monitoring End User’s use of the Software and compliance with the terms of this Agreement, and not for other data collection or processing purposes. End User certifies to LLNS that it has obtained, or will obtain, all necessary consents from its personnel to provide such a list to LLNS in compliance with applicable data privacy laws.

Appears in 1 contract

Samples: End User Source Code License Agreement

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Permitted Uses and Restrictions. (a) LLNS hereby grants End User Licensee the non-exclusive, nontransferable right and license to compile, install and use the Software in source code executable form during the term of this Agreement only for its own internal purposes and at the single location listed by End User in Exhibit A. (b) End User Licensee may not rent, lease, lend, loan, redistribute, sublicense or otherwise transfer the Software to any third party (including but not limited to any parent, subsidiary or affiliate of End UserLicensee), use the Software for service bureau or time- sharing purposes or as a software as a service (SAAS) or application service provider model, or in any other way allow third parties to exploit the Software, or take any action to use or permit others to copy or use the Software outside the license granted in the preceding paragraph. (c) From time to time, LLNS may, but is not obligated to, provide patches, bug fixes or other updates that are required or recommended for the proper functioning of the Software (“Software Updates”). This Agreement allows Software Updates to be installed on any computer on which the Software is being used as permitted under this Agreement. Once installed on such computer(s), Software Updates shall become subject to this Agreement and all references in this Agreement to Software shall include the Software and all installed Software Updates. From time to time, LLNS may, but is not obligated to, make new versions of the Software available for license by End UserLicensee. Such new versions will be subject to a new license agreement and may require payment of additional consideration. (d) End User Licensee may copy the Software solely to the extent necessary to exercise the foregoing license and save one additional copy of the Software on a computer, CD, hard drive or other storage media solely for backup and archival purposes; provided however that (i) End User Licensee must reproduce all copyright notices and other proprietary notices on any copies of the Software and must not remove or alter those notices; and (ii) all copies of the Software shall be subject to the terms of this Agreement. (e) Except to the extent expressly permitted in this Agreement or by applicable law, End User Licensee may not copy, reproduce, publish, post, publicly display, transmit, distribute, modify, decompile, reverse engineer, reverse compile, disassemble, attempt to derive the source code of, decrypt, create derivative works, sell or participate in any sale of or exploit the Software or any part thereof. Any attempt to do so is a violation of the rights of LLNS and may subject End User Licensee to prosecution and damages. If End User creates derivative works of the Software, it will provide copies to LLNS together with a perpetual worldwide nonexclusive royalty-free license for LLNS to use them for its own non-commercial purposes. (f) End User will implement sufficient restrictions to control access to the Software, will maintain a list of personnel that have access to the Software, along with their countries of citizenship, and will make such list available to LLNS upon request. The parties agree that LLNS would have access to such list for the sole purpose of monitoring End User’s use of the Software and compliance with the terms of this Agreement, and not for other data collection or processing purposes. End User certifies to LLNS that it has obtained, or will obtain, all necessary consents from its personnel to provide such a list to LLNS in compliance with applicable data privacy laws.

Appears in 1 contract

Samples: Software Evaluation License Agreement

Permitted Uses and Restrictions. (a) LLNS hereby grants End User the non-exclusive, nontransferable right and license to compile, install and use the Software in source code form during the term of this Agreement only for its own internal purposes and at the single location listed by End User in Exhibit A. (b) End User may not rent, lease, lend, loan, redistribute, sublicense or otherwise transfer the Software to any third party (including but not limited to any parent, subsidiary or affiliate of End User), use the Software for service bureau or time- time-sharing purposes or as a software as a service or application service provider model, or in any other way allow third parties to exploit the Software, or take any action to permit others to copy or use the Software outside the license granted in the preceding paragraph. (c) From time to time, LLNS may, but is not obligated to, provide patches, bug fixes or other updates that are required or recommended for the proper functioning of the Software (“Software Updates”). This Agreement allows Software Updates to be installed on any computer on which the Software is being used as permitted under this Agreement. Once installed on such computer(s), Software Updates shall become subject to this Agreement and all references in this Agreement to Software shall include the Software and all installed Software Updates. From time to time, LLNS may, but is not obligated to, make new versions of the Software available for license by End User. Such new versions will be subject to a new license agreement and may require payment of additional consideration. (d) End User may copy the Software solely to the extent necessary to exercise the foregoing license and save one additional copy of the Software on a computer, CD, hard drive or other storage media solely for backup and archival purposes; provided however that (i) End User must reproduce all copyright notices and other proprietary notices on any copies of the Software and must not remove or alter those notices; and (ii) all copies of the Software shall be subject to the terms of this Agreement. (e) Except to the extent expressly permitted in this Agreement or by applicable law, End User may not copy, reproduce, publish, post, publicly display, transmit, distribute, modify, create derivative works, sell or participate in any sale of or exploit the Software or any part thereof. Any attempt to do so is a violation of the rights of LLNS and may subject End User to prosecution and damages. If End User creates derivative works of the Software, it will provide copies to LLNS together with a perpetual worldwide nonexclusive royalty-free license for LLNS to use them for its own non-commercial purposes. (f) End User will implement sufficient restrictions to control access to the Software, will maintain a list of personnel that have access to the Software, along with their countries of citizenship, and will make such list available to LLNS upon request. The parties agree that LLNS would have access to such list for the sole purpose of monitoring End User’s use of the Software and compliance with the terms of this Agreement, and not for other data collection or processing purposes. End User certifies to LLNS that it has obtained, or will obtain, all necessary consents from its personnel to provide such a list to LLNS in compliance with applicable data privacy laws.

Appears in 1 contract

Samples: End User License Agreement

Permitted Uses and Restrictions. (a) LLNS hereby grants End User the non-exclusive, nontransferable right and license to compile, install and use the Software in source code form during the term of this Agreement only for its own internal academic and research purposes solely on secure computing systems at the location listed in the license category chosen by End User in Exhibit A.A. Access and use of the Software shall be limited solely to the individuals listed in Exhibit A, which may be amended with the written agreement of LLNS. (b) End User may not rent, lease, lend, loan, redistribute, sublicense or otherwise transfer the Software to any third party (including but not limited to any parent, subsidiary or affiliate of End User), use the Software for service bureau or time- sharing purposes or as a software as a service (SAAS) or application service provider model, or in any other way allow third parties to exploit the Software, or take any action to permit others to copy or use the Software outside the license granted in the preceding paragraph. (c) From time to time, LLNS may, but is not obligated to, provide patches, bug fixes or other updates that are required or recommended for the proper functioning of the Software (“Software Updates”). This Agreement allows Software Updates to be installed on any computer on which the Software is being used as permitted under this Agreement. Once installed on such computer(s), Software Updates shall become subject to this Agreement and all references in this Agreement to Software shall include the Software and all installed Software Updates. From time to time, LLNS may, but is not obligated to, make new versions of the Software available for license by End User. Such new versions will be subject to a new license agreement and may require payment of additional consideration. (d) End User may copy the Software solely to the extent necessary to exercise the foregoing license and save one additional copy of the Software on a computer, CD, hard drive or other storage media solely for backup and archival purposes; provided however that (i) End User must reproduce all copyright notices and other proprietary notices on any copies of the Software and must not remove or alter those notices; and (ii) all copies of the Software shall be subject to the terms of this Agreement. (e) Except to the extent expressly permitted in this Agreement or by applicable law, End User may not copy, reproduce, publish, post, publicly display, transmit, distribute, modify, create derivative works, sell or participate in any sale of or exploit the Software or any part thereof. Any attempt to do so is a violation of the rights of LLNS and may subject End User to prosecution and damages. If End User creates derivative works of the Software, it will provide copies to LLNS together with a perpetual worldwide nonexclusive royalty-free license for LLNS to use them for its own non-commercial purposes. (f) End User will implement sufficient restrictions to control access to the Software, will maintain a list of personnel that have access to the Software, along with their countries of citizenship, and will make such list available to upon request by LLNS. In such event, LLNS upon requestwill maintain the list of personnel as Proprietary Information. The parties agree that LLNS would have access to such list for the sole purpose of monitoring End User’s use of the Software and compliance with the terms of this Agreement, and not for other data collection or processing purposes. End User certifies to LLNS that it has obtained, or will obtain, all necessary consents from its personnel to provide such a list to LLNS in compliance with applicable data privacy laws.

Appears in 1 contract

Samples: Software End User License Agreement

Permitted Uses and Restrictions. (a) 2.1 LLNS hereby grants End User the nonexclusive, non-exclusivetransferrable, nontransferable royalty-free right and license to compile, install and use the Software in source code executable form during the term of this Agreement only at Agreement, solely within the location listed by End User in Exhibit A.field of identifying, diagnosing, controlling, mitigating, modeling, preventing and/or treating of negative health, economic or other outcomes related to COVID-19. (b) 2.2 End User may not NOT rent, lease, lend, loan, redistribute, sublicense or otherwise transfer the Software to any third party (including but not limited to any parent, subsidiary or affiliate of End User), use the Software for service bureau or time- time-sharing purposes or as a software as a service (SAAS) or application service provider model, or in any other way allow third parties to use, copy or otherwise exploit the Software, or take any action to permit others to copy or use the Software outside the license granted in the preceding paragraph. (c) 2.3 From time to time, LLNS may, but is not obligated to, provide patches, bug fixes or other updates that are required or recommended for the proper functioning of the Software ("Software Updates"). This Agreement allows Software Updates (if any are provided) to be installed on any computer on which the Software is being used as permitted under this Agreement. Once installed on such computer(s), Software Updates shall become subject to this Agreement and all references in this Agreement to Software shall include the Software and all installed Software Updates. From time to time, LLNS may, but is not obligated to, make new versions of the Software available for license by End User. Such new versions will be subject to a new license agreement and may require payment of additional consideration. (d) 2.4 End User may copy the Software solely to the extent necessary to exercise the foregoing license and save one additional copy of the Software on a computer, CD, hard drive or other storage media solely for backup and archival purposes; provided however that (i) End User must reproduce all copyright notices and other proprietary notices on any copies of the Software and must not remove or alter those notices; and (ii) all copies of the Software shall be subject to the terms of this Agreement. (e) 2.5 Except to the extent expressly permitted in this Agreement or by applicable law, End User may not copy, reproduce, publish, post, publicly display, transmit, distribute, modify, decompile, reverse engineer, reverse compile, disassemble, attempt to derive the source code of, decrypt, create derivative works, sell or participate in any sale of or exploit the Software or any part thereof. Any attempt to do so is a violation of the rights of LLNS and may subject End User to prosecution and damages. If End User creates derivative works of the Software, it will provide copies to LLNS together with a perpetual worldwide nonexclusive royalty-free license for LLNS to use them for its own non-commercial purposes. (f) End User will implement sufficient restrictions to control access to the Software, will maintain a list of personnel that have access to the Software, along with their countries of citizenship, and will make such list available to LLNS upon request. The parties agree that LLNS would have access to such list for the sole purpose of monitoring End User’s use of the Software and compliance with the terms of this Agreement, and not for other data collection or processing purposes. End User certifies to LLNS that it has obtained, or will obtain, all necessary consents from its personnel to provide such a list to LLNS in compliance with applicable data privacy laws.

Appears in 1 contract

Samples: Nonexclusive Software End User License Agreement

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