Common use of RESTRICTIONS AND PROTECTIONS Clause in Contracts

RESTRICTIONS AND PROTECTIONS. 5.1 Customer acknowledges that the Software and its structure, organisation and source code constitute and contain valuable trade secrets of MSC and/or its suppliers. Accordingly, Customer shall not: (i) reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Software, or allow any third party to do the foregoing, except to the extent explicitly permitted by applicable law without possibility of contractual waiver; (ii) modify, adapt, alter, translate or create derivative works from the Software or Documentation; (iii) sublicense, rent, loan, lease, sell, or otherwise transfer all or part of the Software or Documentation to any third party except as expressly permitted under this Agreement; (iv) allow any third party to access or use the Software on a service bureau, application service provider, time-sharing, or similar basis; (v) disable, modify or circumvent the license management system provided with the Software; (vi) remove, alter, or obscure any proprietary notices, labels, or marks from the Software or Documentation; (vii) disclose results of any Software benchmark tests without MSC’s prior written consent; (viii) disclose, display, or permit access to or use of the Software or Documentation by persons other than Authorised Users using the Software and Documentation within the scope of the license acquired by Customer; or (ix) otherwise use or copy the Software or Documentation except as expressly permitted under this Agreement. Customer agrees to notify MSC immediately of any unauthorised access to or use of the Software.

Appears in 3 contracts

Samples: Master Software License Agreement, Master Software License Agreement, Master Software License Agreement

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RESTRICTIONS AND PROTECTIONS. 5.1 4.1 Customer acknowledges that the Software and its structure, organisation organization and source code constitute and contain valuable trade secrets of MSC and/or FFT (and its suppliers, as applicable). Accordingly, Customer shall not: (i) reverse-reverse- engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Software, or allow any third party to do the foregoing, except to the extent explicitly permitted by applicable law without possibility of contractual waiver; (ii) modify, adapt, alter, translate or create derivative works from the Software or Documentation; (iii) sublicense, rent, loan, lease, sell, or otherwise transfer all or part of the Software or Documentation to any third party except as expressly permitted under this Agreement; (iv) allow any third party to access or use the Software on a service bureau, application service provider, time-sharing, or similar basis; (v) disable, modify or circumvent the license management system provided with the Software; (vi) remove, alter, or obscure any proprietary notices, labels, or marks from the Software or Documentation; (vii) disclose results of any Software benchmark tests without MSCFFT’s prior written consent, or use the Software or Documentation in connection with the development of any competing product or service; (viii) disclose, displaydisclose or display (except as may be expressly permitted under a Demonstration License), or permit access to or use of the Software or Documentation by persons other than Authorised Authorized Users using the Software and Documentation within the scope of the license acquired by Customer; or (ix) otherwise use or copy the Software or Documentation except as expressly permitted under this Agreement; or (x) access or use modules of the Software for which Customer has no valid license. Customer agrees to notify MSC FFT immediately of any unauthorised unauthorized access to or use of the Software.

Appears in 2 contracts

Samples: Technologies Software License Agreement, Software License Agreement

RESTRICTIONS AND PROTECTIONS. 5.1 4.1 Customer acknowledges that the Software and its structure, organisation organization and source code constitute and contain valuable trade secrets of MSC and/or (and its suppliers, as applicable). Accordingly, Customer shall not: (i) reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Software, or allow any third party to do the foregoing, except to the extent explicitly permitted by applicable law without possibility of contractual waiver; (ii) modify, adapt, alter, translate or create derivative works from the Software or Documentation; (iii) sublicense, rent, loan, lease, sell, or otherwise transfer all or part of the Software or Documentation to any third party except as expressly permitted under this Agreement; (iv) allow any third party to access or use the Software on a service bureau, application service provider, time-sharing, or similar basis; (v) disable, modify or circumvent the license management system provided with the Software; (vi) remove, alter, or obscure any proprietary notices, labels, or marks from the Software or Documentation; (vii) disclose results of any Software benchmark tests without MSC’s prior written consent, or use the Software or Documentation in connection with the development of any competing product or service; (viii) disclose, displaydisclose or display (except as may be expressly permitted under a Demonstration License), or permit access to or use of the Software or Documentation by persons other than Authorised Authorized Users using the Software and Documentation within the scope of the license acquired by Customer; or (ix) otherwise use or copy the Software or Documentation except as expressly permitted under this Agreement; or (x) access or use modules of the Software for which Customer has no valid license. Customer agrees to notify MSC immediately of any unauthorised unauthorized access to or use of the Software.

Appears in 1 contract

Samples: Software License Agreement

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RESTRICTIONS AND PROTECTIONS. 5.1 Customer acknowledges that the Software and its structure, organisation organization and source code constitute and contain valuable trade secrets of MSC and/or its suppliers. Accordingly, Customer shall not: (i) reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Software, or allow any third party to do the foregoing, except to the extent explicitly permitted by applicable law without possibility of contractual waiver; (ii) modify, adapt, alter, translate or create derivative works from the Software or Documentation; (iii) sublicense, rent, loan, lease, sell, or otherwise transfer all or part of the Software or Documentation to any third party except as expressly permitted under this Agreement; (iv) allow any third party to access or use the Software on a service bureau, application service provider, time-sharing, or similar basis; (v) disable, modify or circumvent the license management system provided with the Software; (vi) remove, alter, or obscure any proprietary notices, labels, or marks from the Software or Documentation; (vii) disclose results of any Software benchmark tests without MSC’s prior written consent; (viii) disclose, display, or permit access to or use of the Software or Documentation by persons other than Authorised Authorized Users using the Software and Documentation within the scope of the license acquired by Customer; or (ix) otherwise use or copy the Software or Documentation except as expressly permitted under this Agreement. Customer agrees to notify MSC immediately of any unauthorised unauthorized access to or use of the Software.

Appears in 1 contract

Samples: Master Software License Agreement

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