Common use of Proprietary Rights; Restrictions Clause in Contracts

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. Notwithstanding any use of the term “sale,” “purchase” or other similar terms in this Agreement, DeliverHealth 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 Cloud Hosted Services with software or means other than as described in this Agreement, (ii) submit any automated or recorded requests to the Cloud Hosted 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 DHS 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 DeliverHealthDHS’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 DHS and/or its licensors.

Proprietary Rights; Restrictions. Notwithstanding any use of the term “sale,” “purchase” or other similar terms in this Agreement, DeliverHealth Nuance 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 Hosted Services with software or means other than as described in this Agreement, (ii) submit any automated or recorded requests to the Cloud Hosted 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 DeliverHealthXxxxxx’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 Nuance and/or its licensors.

Proprietary Rights; Restrictions. Notwithstanding any use of the term “sale,” “purchase” As between Company and VIQ, VIQ or other similar terms in this Agreement, DeliverHealth and its licensors retain retains all right, title and interest in and to the Software, Services Hosted Software 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 UsersUsers to, other employees or contractors, or any third party to (i) access the Cloud Services Hosted Software 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 Hosted Software, Services, or Documentation, Documentation (iviii) decompile, disassemble, reverse engineer or attempt to reconstruct, identify or discover any source code, underlying ideas, or algorithms of the Hosted Software or Services by any means, means (vexcept to the extent permitted by mandatory laws) (iv) sell, lease, license, sublicense, copy, assign, transfer, share, market, distribute, or distribute grant access to or use of the Software, Services Hosted Software 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, (viiv) remove any proprietary notices, labels or marks from the Software, Services Hosted Software or Documentation, ; (viivi) release to a third party the results of any benchmark testing of the Software or Services, Hosted Software; or (viiivii) defeat or circumvent any controls or limitations contained in or associated with the use of the Hosted Software. In no event shall anything in this Agreement or in DeliverHealthVIQ’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 VIQ and/or its licensors.

Proprietary Rights; Restrictions. Notwithstanding any use of the term “sale,” “purchase” or other similar terms in this Agreement, DeliverHealth Nuance 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 to: (i) access the Cloud Hosted Services with software or means other than as described in this Agreement, ; (ii) submit any automated or recorded requests to the Cloud Hosted 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, means (except to the extent permitted by mandatory laws); (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 Nuance Software or Services on through 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 DeliverHealthNuance’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 Nuance and/or its licensors.

Proprietary Rights; Restrictions. Notwithstanding any use of the term “sale,” “purchase” or other similar terms in this Agreement, DeliverHealth Nuance 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 Hosted Services with software or means other than as described in this Agreement, (ii) submit any automated or recorded requests to the Cloud Hosted 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 DeliverHealthNuance’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 Nuance and/or its licensors.