Common use of Software Licenses and Third Party Services Clause in Contracts

Software Licenses and Third Party Services. (a) Provider, directly or through its Affiliates, may provide Customer, or otherwise allow Customer to access, software for use in connection with the Service which is owned by Provider or its third party licensors, third party suppliers, and Operational Service Providers (“Software”). Such Software may be subject to an additional fee. Provider reserves the right periodically to update, upgrade, or change the Software remotely or otherwise and to make related changes to the settings and software on Customer’s computer(s)/device(s) or other equipment, and Customer agrees to permit such changes and access to Customer’s computer(s)/device(s) and other equipment. Customer may use the Software only in connection with the Service and for no other purpose. (b) Certain Software may be accompanied by an end user license agreement (“XXXX”) from Provider or a third party. Provider’s use of the Software is governed by the terms of that XXXX and by this Service Agreement, where applicable. Customer may not install or use any Software that is accompanied by or includes a XXXX unless Customer first agrees to the terms of the applicable XXXX. (c) For Software not accompanied by a XXXX, Customer is hereby granted a revocable, non- exclusive, non-transferable license by Provider or its applicable third party licensor(s) or Operational Service Provider(s) to use the Software (and any corrections, updates and upgrades thereto). Customer may not make any copies of the Software. Customer agrees that the Software is confidential information of Provider or its third party licensor(s)/Operational Service Provider(s) and that Customer will not disclose or use the Software except as expressly permitted herein. The Software contains copyrighted material, trade secrets, patents, and proprietary information owned by Provider or its third party licensor(s)/Operational Service Provider(s). Customer may not de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Software, otherwise reduce the Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Software to any third party. Customer may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. Customer is not granted any title or rights of ownership in the Software. Customer acknowledges that this license is not a sale of intellectual property and that Provider or its third party licensor(s)/Operational Service Provider(s) continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Software and related documentation, as well as any corrections, updates and upgrades to it. The Software may be used in the United States only, and any export of the Software is strictly prohibited.