Common use of Reservation of Rights and Restrictions Clause in Contracts

Reservation of Rights and Restrictions. OEM acknowledges that the Commercial Software is and shall remain the sole and exclusive property of Elastic. Elastic reserves all rights to the Commercial Software not expressly granted herein, and Elastic grants, and OEM receives, no rights in the Commercial Software by implication or otherwise, except those rights expressly granted herein. OEM agrees not to: (i) copy or use Commercial Software in any manner except as expressly permitted in this Agreement; (ii) except as expressly permitted herein, transfer, sell, rent, lease, distribute, sublicense, loan or otherwise transfer Commercial Software to any third party; (iii) except as expressly permitted herein, use Commercial Software for providing time-sharing services, service bureau services or as part of an application services provider or as a service offering; (iv) alter or remove any notices in the Commercial Software; or (v) make available to any third party any analysis of the results of operation of Commercial Software, including benchmarking results, without the prior, written consent of Elastic. In addition, OEM shall not reverse engineer, decompile, disassemble or otherwise derive source code from Commercial Software, except to the extent OEM may be expressly permitted to do so under applicable law, it is essential to do so in order to achieve operability of Commercial Software with another software program, and OEM has first requested Elastic to provide the information necessary to achieve such operability with at least ninety (90) days advance written notice and Elastic has not made such information available.

Reservation of Rights and Restrictions. OEM MSP acknowledges that the Commercial Software is and shall remain the sole and exclusive property of Elastic. Elastic reserves all rights to the Commercial Software not expressly granted herein, and Elastic grants, and OEM MSP receives, no rights in the Commercial Software by implication or otherwise, except those rights expressly granted herein. OEM MSP agrees not to: (i) copy or use Commercial Software in any manner except as expressly permitted in this Agreement; (ii) except as expressly permitted herein, transfer, sell, rent, lease, distribute, sublicense, loan or otherwise transfer Commercial Software to any third party; (iii) except as expressly permitted herein, use Commercial Software for providing time-sharing services, service bureau services or as part of an application services provider or as a service offering; (iv) alter or remove any notices in the Commercial Software; or (v) make available to any third party any analysis of the results of operation of Commercial Software, including benchmarking results, without the prior, written consent of Elastic. In addition, OEM MSP shall not reverse engineer, decompile, disassemble or otherwise derive source code from Commercial Software, except to the extent OEM MSP may be expressly permitted to do so under applicable law, it is essential to do so in order to achieve operability of Commercial Software with another software program, and OEM MSP has first requested Elastic to provide the information necessary to achieve such operability with at least ninety (90) days advance written notice and Elastic has not made such information available.