Proprietary Protection. Rogue Wave shall have sole and exclusive ownership of all right, title, and interest in and to the Licensed Software and all modifications and enhancements thereof (including ownership of all trade secrets and copyrights pertaining thereto), subject only to the rights and privileges expressly granted to Licensee herein by Rogue Wave. This License Agreement does not provide Licensee with title or ownership of the Licensed Software, but only a right of limited use. Licensee must keep the Licensed Software free and clear of all claims, liens, and encumbrances.
Proprietary Protection. Salk shall have sole and exclusive ownership of all right, title and interest in and to the Confidential Information, including ownership of all patent rights, copyrights, trademarks and trade secret rights in and to same, subject only to the rights and privileges expressly granted by Salk hereunder. The Confidential Information includes valuable trade secrets belonging to Salk. Company acknowledges that, in the event of any breach of this Agreement, Salk will not have an adequate remedy in money or damages. Salk therefore shall be entitled in the event of breach to obtain an injunction against Company’s further breach from any court of competent jurisdiction immediately upon request. Salk’s right to obtain such relief shall not limit its right to obtain monetary damages or other legal remedy or relief.
Proprietary Protection. Any computer application program and/or documentation, collectively referred to as “Software”, that is provided by SCSS under this Agreement, is owned by SCSS, its affiliates or one of its OEMs and is protected by United States and international copyright laws and international treaty provisions. Any breach of this Agreement will automatically terminate the Customer’s right to use this Software, and the Customer is obligated to immediately return such Software to SCSS. Customer may not copy the Software for any reason other than per the dictates of any end user software license agreement. Customer may not reverse-engineer, disassemble, decompile or attempt to discover the source code of any Software. Customer acknowledges that any breach of this section shall result in irreparable injury to SCSS for which the amount of damages would be unascertainable. Therefore, SCSS may, in addition to pursuing any and all remedies provided by law, obtain an injunction against Customer from any court having jurisdiction, restraining any violation of this section.
Proprietary Protection. ARA, and ARA’s licensors, have sole and exclusive ownership of all rights, title, and interest in and to the Software, User Materials and all other Confidential Information, subject only to the limited License expressly granted to You herein. This Agreement does not provide You with title or ownership of the Software or User Materials, but only a license for limited, internal use. This Agreement does not provide You with any title, interest of ownership in or any right to use ARA’s name, trademarks or logo, or any goodwill now or hereafter associated therewith, all of which title, ownership and goodwill is the property of and shall inure exclusively to the benefit of ARA. You may not use ARA’s name, trademark, logo, or any name, trademark of logo of the Software, in any marketing or other materials that will be distributed by You to third parties without ARA’s prior written consent.
Proprietary Protection. PROPERTY OF HSC: At all times parties warrant that the HSC technology shall be exclusive property of HSC. Each party shall, at the request of the other, execute and deliver to the requesting party, from time to time, such documents and do such acts and things as may be reasonably requested by the requesting party to further evidence HSC's ownership of and to HSC Technology.
(a) FOC shall not make, attempt to make, or allow any other Person to make any investigations, analysis, reverse engineering, alterations, modifications and/or improvements to HSC Technology.
(b) FOC acknowledges that the continued integrity and proprietary nature of all Confidential Information, herein defined, are of paramount importance to HSC, and that, if this Section is breached by FOC, in certain instances, no action can remedy the damage so done.
(c) If HSC becomes aware of a breach of this provision, it shall give Notice, with reasonable particulars, to FOC, and if HSC is of the view, acting reasonably in the circumstances, that:
(i) FOC was or is careless in not preventing the breach, or was involved in any way, directly or indirectly, in the breach, the Notice will be a Notice of termination of this Agreement, effective upon receipt, and without limitation of the subsequent exercise of any additional common law or equitable rights and remedies of the HSC against FOC, or others, or
(ii) FOC was not careless in not preventing the breach, or was not involved in any way directly or indirectly, in the breach, the Notice will require FOC to remedy the breach, forthwith, to complete satisfaction of HSC, and in any event, FOC shall remedy the breach within 30 days of its receipt of the Notice, failing which remedy, this Agreement shall thereupon automatically terminate without further notice.
(d) HSC shall have the exclusive right, but not the obligation, to develop, improve or otherwise change HSC Technology, in which event, FOC shall continue in its marketing efforts to promote the new technology without change to any other part of this agreement.
Proprietary Protection. 5.2.1 City acknowledges that to the extent Consultant advises the City that the Software is confidential information or is a trade secret property of the Consultant, the Software is thereby disclosed on a confidential basis under this Contract and is to be used only pursuant to the terms and conditions set forth herein.
5.2.2 Consultant shall not use or disclose any knowledge, data or proprietary information relating to CITY obtained in any manner whatsoever.
5.2.3 To the extent permitted by Arizona Law, the parties agree, both during the term of this Contract and for a period of seven (7) years after termination of this Contract and of all licenses granted hereunder, to hold each other’s confidential information in confidence. The parties agree, unless required by government regulations or order of court, not to make each other’s confidential information available in any form to any third party or to use each other's confidential information for any purposes other than the implementation of this Contract provided, however, that if Consultant's confidential information is requested to be divulged under the provisions of the Arizona Public Records Act, A.R.S., Title 39, Consultant shall reimburse to City the full cost of City's refusal to release the information, including costs of litigation, City's attorney fees, fines, penalties or assessments of opposing party's attorney fees. Each party agrees to take all reasonable steps to ensure that confidential information is not disclosed or distributed by its employees or agents in violation of the provisions of this Contract.
Proprietary Protection. Adzone shall have sole and exclusive ownership of all right, title, and interest in and to the Program(s) and User Materials, all copies thereof, and all modifications and enhancements thereto (including ownership of all copyrights and other intellectual property rights pertaining thereto), subject only to the right and license expressly granted to you herein. This Agreement does not provide you with title or ownership of the Program(s), but only a right of limited use.
Proprietary Protection. Corning and/or its third-party suppliers shall be the sole owner(s) of the content of the Configurator Tool and the associated computer programs, including any adaptations or copies thereof, and including associated intellectual property rights. Copies are provided and may be made only to allow you to exercise your rights under this Agreement. Corning and/or its third-party supplier claim U.S. and foreign copyright ownership with respect to the Configurator Tool and the associated computer programs as compilations and expressions of distinctive and creative formats, as well as claiming that portions of the Configurator Tool contain trade secret information of Corning, including the structure and right of access to the Configurator Tool.
Proprietary Protection. The Service and the content accessible from the Service is proprietary to Exemplars and it contains subject matter protected by copyright laws, as well as other intellectual property laws. Customer shall not use or make copies of the Exemplars Content, except to the extent specifically permitted under Section 2 of this Agreement.
Proprietary Protection. Any computer application and/or related documentation (collectively "Software") provided by Contractor under the Agreement is owned by Contractor, its affiliates or one of its OEM's and is protected by United States and international copyright laws and international treaty provisions. County shall use the Software for legitimate business purposes only and only in accordance with any end user license agreement. County shall not copy, reverse-engineer, disassemble, decompile or attempt to discover the source code ofany Software.
