Common use of Protection of Licensed Material Clause in Contracts

Protection of Licensed Material. a) Subject to the rights of use granted pursuant to §§ 1 and 3, the Licensor reserves all rights in the Software and other licensed material including all copies and partial copies thereof made by the Licensee. The property right of the Licensee in data carriers, data storages and other hardware remains unaffected by this provision. b) The Licensee undertakes to leave unchanged existent protection notices, if any (e.g. copyright notices or other reservations of rights) and to include them in any copies made by the Licensee. c) The Licensee undertakes to keep records on copies or partial copies of the Software made and to store the copies and/or partial copies in a safe location. Upon request, the Licensee must provide information about the record keeping and the storage. d) The Licensee undertakes not to make the licensed material accessible to third parties either in original version or in form of complete or partial copies without express written consent of the Licensor. This also applies in case of a complete or partial sale or dissolution of the business of the Licensee. Employees of the Licensee and other persons are not deemed third parties as long as they are with the Licensee in order to exercise the contractual use of the licensed material on its behalf. Any use of the Software on behalf and for purposes of the Licensee which is undertaken by third parties outside of the business premises of the Licensee (outsourcing) requires the prior written consent of the Licensor. e) Prior to the destruction, sale or other transfer of data carriers and/or data processing equipment the Licensee is obligated to ensure that any contractual Software/ material stored thereon/therein is completely and non- reproducibly deleted. f) The Licensee is entitled to use any upgrade of the licensed material in accordance with the terms of this Agreement or to refrain from such use. If the Licensee decides upon such a use it is required to return the previously used version of the licensed material and all copies and partial copies thereof to the Licensor within three months after commencement of the productive use of the upgrade and, if they are saved on data carriers, data storages or other hardware of the Licensee, to completely delete them. The retention of an archive copy requires a written agreement.

Protection of Licensed Material. a) Subject to the rights of use granted pursuant to §§ 1 and 3, the Licensor reserves all rights in the Software and other licensed material including all copies and partial copies thereof made by the Licensee. The property right of the Licensee in data carriers, data storages and other hardware remains unaffected by this provision. b) The Licensee undertakes to leave unchanged existent protection notices, if any (e.g. copyright notices or other reservations of rights) and to include them in any copies made by the Licensee. c) The Licensee undertakes to keep records on copies or partial copies of the Software made and to store the copies and/or partial copies in a safe location. Upon request, the Licensee must provide information about the record keeping and the storage. d) The Licensee undertakes not to make the licensed material accessible to third parties either in original version or in form of complete or partial copies without express written consent of the Licensor. This also applies in case of a complete or partial sale or dissolution of the business of the Licensee. Employees of the Licensee and other persons are not deemed third parties as long as they are with the Licensee in order to exercise the contractual use of the licensed material on its behalf. Any use of the Software on behalf and for purposes of the Licensee which is undertaken by third parties outside of the business premises of the Licensee (outsourcing) requires the prior written consent of the Licensor. e) Prior to the destruction, sale or other transfer of data carriers and/or data processing equipment the Licensee is obligated to ensure that any contractual Software/ material stored thereon/therein is completely and non- non-reproducibly deleted. f) The Licensee is entitled to use any upgrade of the licensed material in accordance with the terms of this Agreement or to refrain from such use. If the Licensee decides upon such a use it is required to return the previously used version of the licensed material and all copies and partial copies thereof to the Licensor within three months after commencement of the productive use of the upgrade and, if they are saved on data carriers, data storages or other hardware of the Licensee, to completely delete them. The retention of an archive copy requires a written agreement.