Common use of Software and Data Clause in Contracts

Software and Data. a. OKKAMI grants Customer the non-exclusive right and license to use Software Services included in Customer Property Order Forms for the term of each Customer Property Form. Software Services and all related information, including updates, are proprietary to OKKAMI. Customer may not, nor allow any third party, to decompile, disassemble, or reverse engineer Software Services, except to the extent expressly permitted by applicable Thai law, without XXXXXX’s prior written consent. Customer will not remove any product identification or proprietary rights notices, or otherwise use or copy Software Services except as expressly provided herein. Additionally, should Customer create any custom version or derivative of Software Services (as permitted hereunder), such as a company, brand or property app, web app, device, etc. containing Software Services, Customer will brand such version or derivative according to the current the OKKAMI’s “Powered by OKKAMI” branding guidelines (available from OKKAMI). OKKAMI may promote revenue-generating upsellings services with consent and agreement from the Customer. b. OKKAMI may supply Customer-branded Software Services and Customer Property-branded Software Services within OKKAMI-branded Software Services. Otherwise, OKKAMI shall only provide Customer-branded Software Services and Customer Property-branded Software Services to Customer and affiliates within Customer’s brand. OKKAMI may provide Software Services to customers, guests, residents, and others. c. Software Services may include end user license agreements (“EULAs”) from OKKAMI, or third parties from whom OKKAMI has acquired components of Software Services. Customer will not remove or modify such EULAs, nor will Customer accept such EULAs on behalf of the actual end user, such as the Customer Property guest or resident. d. OKKAMI may obtain data (“Derived Data”) during its performance of this Agreement and Customer Property Order Forms. This data may include guest or resident specific data, Customer Property specific data, aggregated guest, resident and/or Customer Property data, and compiled data, such as server log and reports. Derived Data shall be owned (to the degree allowed by Thai law) by Xxxxxxxx. OKKAMI will not provide guest or resident specific Derived Data to any competitor of Customer. OKKAMI may use anonymous / unidentifiable customer Derived Data for statistics, quality control, product improvement, and sales and marketing of OKKAMI and Software Services.

Appears in 3 contracts

Samples: Service Agreement, Service Agreement, Service Agreement

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Software and Data. a. OKKAMI grants Customer the non-exclusive right and license to use Software Services included in Customer Property Order Forms for the term of each Customer Property Form. Software Services and all related information, including updates, are proprietary to OKKAMI. Customer may not, nor allow any third party, to decompile, disassemble, or reverse engineer Software Services, except to the extent expressly permitted by applicable Thai law, without XXXXXXOKKAMI’s prior written consent. Customer will not remove any product identification or proprietary rights notices, or otherwise use or copy Software Services except as expressly provided herein. All Software Services are explicitly branded as “Powered by OKKAMI.” Customer will not remove any such branding from Software Services. Additionally, should Customer create any custom version or derivative of Software Services (as permitted hereunder), such as a company, brand or property app, web app, device, etc. containing Software Services, Customer will brand such version or derivative according to the current the OKKAMI’s “Powered by OKKAMI” branding guidelines (available from OKKAMI). OKKAMI may promote revenue-generating upsellings services with consent and agreement from the Customer. b. OKKAMI may supply Customer-branded Software Services and Customer Property-branded Software Services within OKKAMI-branded Software Services. Otherwise, OKKAMI shall only provide Customer-branded Software Services and Customer Property-branded Software Services to Customer and affiliates within Customer’s brand. OKKAMI may provide Software Services to customers, guests, residents, and others. c. Software Services may include end user license agreements (“EULAs”) from OKKAMI, or third parties from whom OKKAMI has acquired components of Software Services. Customer will not remove or modify such EULAs, nor will Customer accept such EULAs on behalf of the actual end user, such as the Customer Property guest or resident. d. OKKAMI may obtain data (“Derived Data”) during its performance of this Agreement and Customer Property Order Forms. This data may include guest or resident specific data, Customer Property specific data, aggregated guest, resident and/or Customer Property data, and compiled data, such as server log and reports. Derived Data shall be owned (to the degree degreed allowed by Thai law) by XxxxxxxxCustomer, however, OKKAMI shall retain a non-exclusive license to Derived Data. OKKAMI will not provide guest or resident specific Derived Data to any competitor of Customer. OKKAMI may use anonymous / unidentifiable customer anonymized aggregated Derived Data for statistics, quality control, product improvement, improvement and sales and & marketing of OKKAMI and Software Services.

Appears in 1 contract

Samples: Service Agreement

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Software and Data. a. OKKAMI grants Customer the non-exclusive right and license to use Software Services included in Customer Property Order Forms for the term of each Customer Property Form. Software Services and all related information, including updates, are proprietary to OKKAMI. Customer may not, nor allow any third party, to decompile, disassemble, or reverse engineer Software Services, except to the extent expressly permitted by applicable Thai law, without XXXXXX’s prior written consent. Customer will not remove any product identification or proprietary rights notices, or otherwise use or copy Software Services except as expressly provided herein. All Software Services are explicitly branded as “Powered by OKKAMI.” Customer will not remove any such branding from Software Services. Additionally, should Customer create any custom version or derivative of Software Services (as permitted hereunder), such as a company, brand or property app, web app, device, etc. containing Software Services, Customer will brand such version or derivative according to the current the OKKAMI’s “Powered by OKKAMI” branding guidelines (available from OKKAMI). OKKAMI may promote revenue-generating upsellings services with consent and agreement from the Customer. b. OKKAMI may supply Customer-branded Software Services and Customer Property-branded Software Services within OKKAMI-branded Software Services. Otherwise, OKKAMI shall only provide Customer-branded Software Services and Customer Property-branded Software Services to Customer and affiliates within Customer’s brand. OKKAMI may provide Software Services to customers, guests, residents, and others. c. Software Services may include end user license agreements (“EULAs”) from OKKAMI, or third parties from whom OKKAMI has acquired components of Software Services. Customer will not remove or modify such EULAs, nor will Customer accept such EULAs on behalf of the actual end user, such as the Customer Property guest or resident. d. OKKAMI may obtain data (“Derived Data”) during its performance of this Agreement and Customer Property Order Forms. This data may include guest or resident specific data, Customer Property specific data, aggregated guest, resident and/or Customer Property data, and compiled data, such as server log and reports. Derived Data shall be owned (to the degree degreed allowed by Thai law) by XxxxxxxxCustomer, however, OKKAMI shall retain a non-exclusive license to Derived Data. OKKAMI will not provide guest or resident specific Derived Data to any competitor of Customer. OKKAMI may use anonymous / unidentifiable customer anonymized aggregated Derived Data for statistics, quality control, product improvement, improvement and sales and & marketing of OKKAMI and Software Services.

Appears in 1 contract

Samples: Service Agreement

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