Proprietary Rights; Restrictions. Notwithstanding anything to the contrary expressed or implied in this Agreement, Service Provider (or, as applicable, its licensors) retains all right, title, interest, and Intellectual Property Rights in and to the GHX Exchange and any derivative works thereof. Except only as expressly set forth in this Section 6.4, none of Novation, VHA, UHC or HPPI may itself, or allow any third party to: (a) modify or otherwise generate any derivative works from the GHX Exchange; or (b) disassemble, decompile or otherwise reverse engineer the GHX Exchange or attempt to reveal the trade secrets, know-how, source code (except as expressly permitted under Section 6.4.5), or structure underlying the GHX Exchange. None of Novation, VHA, UHC or HPPI shall provide access to the GHX Exchange to any third party except as is expressly authorized in this Agreement. Service Provider reserves to itself all rights with respect to the GHX Exchange not expressly granted to Novation, VHA, UHC or HPPI under this Agreement.
Proprietary Rights; Restrictions. Notwithstanding anything to the contrary expressed or implied in this Agreement, but subject to Article 4 hereof, each Party (or, as applicable, its licensors) retains all right, title, interest in and to its Intellectual Property, and any derivative works thereof and improvements thereto, and each Party reserves to itself all rights with respect thereto. For purposes of this Agreement, “Intellectual Property” collectively means any and all copyrights, patents, patent registration rights, business processes, data rights, mask works, Marks and associated goodwill, trade secrets, know how, moral rights, design and so-called “look and feel” and graphical user interface, data flows, product and connectivity specifications, schematics, documentation, source code and object code, data maps and definitions and other proprietary rights of each Party, whether such is now existing or may hereafter come into existence. With respect to Service Provider, Intellectual Property includes, without limitation: (i) the GHX Exchange (including, without limitation, all web pages of such Exchange and Service Provider’s proprietary XML schema and document type definitions, to the extent that the same exist); (ii) the AllSource® Catalog; and (iii) Aggregated GHX Data, but excluding in each of (i) through (iii) Transaction Data and Product Data. With respect to Novation, Intellectual Property includes, without limitation: (i) Novation Materials; (ii) Intellectual Property comprising or included in Novation Proprietary Services; but excluding in each of (i) and (ii) Transaction Data and Product Data. As between Service Provider and Novation on the one hand, and each of VHA, UHC and HPPI on the other hand, each of VHA, UHC and HPPI shall own the Aggregated Alliance Member Data with respect to its Members. Notwithstanding the foregoing and except as expressly provided in Section 9.1.2, nothing in this Agreement shall affect any Party’s ownership or other rights in Intellectual Property created or arising prior to the Effective Date.
Proprietary Rights; Restrictions. County has and shall continue to have sole and exclusive ownership of all right, title and interest in and to the GIS and GSDS, including ownership of all trade secrets and all other intellectual property rights pertaining to the GIS and GSDS, and reserves all rights and privileges in connection with the GIS and GSDS data, except as expressly granted herein.
Proprietary Rights; Restrictions. Notwithstanding any use of the term “sale,” “purchase” or other similar terms in this Agreement, DeliverHealth and its licensors retain all right, title and interest in and to the Software, Services and Documentation, and any derivative works thereof, including, but not limited to, all patent, copyright, trade secret, trademark and other intellectual property rights associated therewith. Without limiting the generality of the foregoing, Company will not itself, directly or indirectly, and will not permit Authorized Users, other employees or contractors, or any third party to (i) access the Cloud Services with software or means other than as described in this Agreement, (ii) submit any automated or recorded requests to the Cloud Services except as otherwise provided in this Agreement, (iii) modify, port, translate, or create derivative works of the Software, Services, or Documentation, (iv) decompile, disassemble, reverse engineer or attempt to reconstruct, identify or discover any source code, underlying ideas, or algorithms of the Software or Services by any means, (v) sell, lease, license, sublicense, copy, assign, transfer, share, market, or distribute the Software, Services or Documentation, except as expressly permitted in this Agreement, (vi) grant any access to, or use of, the DeliverHealth Software or Services on a service bureau, timesharing or application service provider basis, (vii) remove any proprietary notices, labels or marks from the Software, Services or Documentation, (vii) release to a third party the results of any benchmark testing of the Software or Services, or (viii) defeat or circumvent any controls or limitations contained in or associated with the use of the Software. In no event shall anything in this Agreement or in DeliverHealth’s conduct or course of dealing convey any license, by implication, estoppel or otherwise, under any patent, copyright, trademark or other intellectual property right not explicitly licensed. All rights not expressly granted to Company under this Agreement are reserved by DeliverHealth and/or its licensors.
Proprietary Rights; Restrictions. The Licensed Program is owned by the Company and/or its affiliates and/or licensors and is copyrighted and proprietary in nature. The Licensed Program is being licensed, not sold to the Municipality. The Municipality shall respect such proprietary rights and shall not use such Licensed Program except as permitted by this Agreement and shall not decompile, disassemble or reverse engineer the Licensed Program, and shall not sublicense, sell, distribute, rent, or disclose the Licensed Program, in whole or in part, in whatever form without the express written permission of the Company. The Municipality will not use the Licensed Program to take any actions that (i) infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); or (iii) are defamatory, trade libelous, threatening, harassing, or obscene.
Proprietary Rights; Restrictions. User acknowledges and agrees that this Website’s content (i.e., data, information, files, graphics, etc.), design, code, underlying technology and related information are proprietary to the HOA (or its licensors and vendors if applicable) are protected by U.S. and international copyright laws, trade secret laws, trademark laws and other laws. The posting of information or materials on this Website by the HOA or its affiliates does not constitute a waiver of any right in such information and materials. This Agreement does not provide User with any right or interest in the HOA’s proprietary rights related to this Website or otherwise and all such rights shall continue to be owned by the HOA (or its licensors or vendors, if applicable). Except to the extent express written permission is given by the HOA, User shall not copy, reproduce or otherwise duplicate this Website, in whole or in part, or access or attempt to access any of the HOA’s systems, programs, data or other information or content that is not made available for public use, or use any information on this Website other than for its intended purpose. Permission is hereby given to User to view, print or download information on this site that is made available for public viewing, printing or downloading, for User’s own internal use and not for republication, distribution, sale, transfer, preparation of derivative works or other use. Data mining, harvesting or similar collection of email addresses or other information on this Website is prohibited. Other trademarks appearing on this site are trademarks of the HOA or others and may not be used without the express written permission of their respective owners. If User believes that any content or other aspects of the Website infringe upon the rights of others, User should provide notice to the HOA in which event the HOA may elect to investigate the matter further.
Proprietary Rights; Restrictions. End User acknowledges that Licensee and its licensors retain all right, title and interest in and to the Hosted Service. Without limiting the generality of the foregoing, End User agrees not to: (a) submit any automated or recorded requests to the Hosted Service unless otherwise approved in writing by Licensee and its licensors; (b) use the Hosted Service for commercial use; (c) access the Hosted Service with software or means other than the Application; (d) copy, reproduce, distribute, or in any other manner duplicate the Hosted Service, in whole or in part; (e) sell, lease, license, sublicense, distribute, assign, transfer or otherwise grant any rights in the Hosted Service, in whole or in part; (f) modify, port, translate, or create derivative works of the Hosted Service; (g) decompile, disassemble, reverse engineer or otherwise attempt to derive, reconstruct, identify or discover any source code, underlying ideas, or algorithms, of the Hosted Service by any means; (h) remove any proprietary notices, labels or marks from the Hosted Service; (i) use the Hosted Service for purposes of comparison with or benchmarking against products or services made available by third parties; or (j) knowingly take any action that would cause any Application to be placed in the public domain.
Proprietary Rights; Restrictions. A. End-User acknowledges that (i) the software provided by ISI to End-User, or otherwise made accessible by ISI to End-User, hereunder (including, without limitation, the software Device and the software contained in the hardware Device, to the extent applicable) (collectively, the “Software”), and (ii) the Software user manuals and instructions in electronic or other form that describe the operation, use or technical specifications of the Software (collectively, “Software Instructions”) provided by ISI to End-User, are owned by and proprietary to ISI (or its licensor), constitute Confidential Information, and are subject to copyright protection. End-User acknowledges that all right, title, and interest to the Software and Software Instructions is and shall remain in ISI (or its licensor), including all applicable rights to patents, copyrights, trademarks, trade secrets and other intellectual property inherent therein and appurtenant thereto (collectively, “Proprietary Rights”). ISI (or its licensor) shall have and retain all rights (including Proprietary Rights pertaining thereto) to all copies, partial copies, and derivative works of the Software, and all modifications, if any, which are made to the Software and, upon request or termination of this Agreement, End-User agrees to execute assignments and any other documents necessary to evidence ISI’s (or its licensor’s) rights thereto.
B. End-User agrees that it: (i) only has the right to use the Software and Software Instructions during the Term, and will stop using the Software and Software Instructions at the end of the Term; (ii) will not transfer the Software or Software Instructions or allow any aspect of the Software or Software Instructions to be disclosed to or accessed by a third party and will make its employees aware of this obligation; and (iii) will not copy or modify any part of the Software or Software Instructions or attempt to develop any source code from the Software. End-User shall not (a) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available for compensation the Software, or any features or functionality of the Software, to any third party for any reason, (b) use the Software or Software Instructions in violation of any law, regulation, or rule, or (c) use the Software or Software Instructions for purposes of competitive analysis of the Software, the development of a competing software product or service, or any other purpose that is to...
Proprietary Rights; Restrictions. Integrator shall not, under any circumstances, reverse assemble or reverse compile the Licensed Products, in whole or in part, nor will Integrator use any mechanical, electronic or other methods to trace, decompile, disassemble, or identify the source code (inclusive of literal content, structure, organization, concepts, technology and methods) of the Licensed Products, in whole or in part. Integrator shall not take any action that infringes or is inconsistent with any of Adzone's rights in or to any of the Licensed Products or any patents, copyrights, trademarks, trade names, trade secrets or other related proprietary rights.
Proprietary Rights; Restrictions. Notwithstanding any use of the term “sale,” “purchase” or other similar terms in this Agreement, DHS and its licensors retain all right, title and interest in and to the Software, Services and Documentation, and any derivative works thereof, including, but not limited to, all patent, copyright, trade secret, trademark and other intellectual property rights associated therewith. Without limiting the generality of the foregoing, Company will not itself, directly or indirectly, and will not permit Authorized Users, other employees or contractors, or any third party to (i) access the Hosted Services with software or means other than as described in this Agreement, (ii) submit any automated or recorded requests to the Hosted Services except as otherwise
