Software Protection. The County agrees that all material appropriately marked or identified as proprietary, whether oral or written, and furnished hereunder are provided for County’s exclusive use for the purposes of this agreement only and will be held in confidence. All proprietary data shall remain the property of the Contractor. County agrees to take all reasonable steps to ensure that such data are not disclosed to others without prior written consent of the Contractor. The County will ensure, prior to disposing of any media, that any licensed materials contained thereon have been erased or otherwise destroyed. The County agrees that it will take appropriate action by instruction, agreement or otherwise with its employees or other persons permitted access to licensed programs and/or optional materials to satisfy its obligations under this agreement with respect to use, copying, modification and protection and security of licensed programs and optional materials.
Software Protection. Licensor represents that the Licensed Software is the property of Licensor and contains confidential information and trade secrets of Licensor. Licensee agrees to use the Licensed Software only as provided in this Agreement and agrees not to make the Licensed Software available to any third party without the written consent of Licensor. Licensee may not rent, lease, loan, resell for profit, or distribute the Licensed Software, or any part of the Licensed Software. Licensee may not reverse engineer, decompile, or disassemble the Licensed Software. The obligations of this paragraph shall survive the termination of this Agreement and shall apply to the Licensed Software regardless of its incorporation by Licensee into any other programs not provided by Licensor. These restrictions shall not apply to any Licensed Software which is or becomes part of the public domain through no fault of Licensee or is in Licensee's possession before the disclosure by Licensor. No Support of Licensed Software. Licensor is under no obligation to support the Licensed Software in any way, or to provide Licensee with updates, bug fixes, builds or error corrections (collectively, "Software Updates"). If Licensor, at its sole option, supplies Software Updates to Licensee, such Software Updates will be considered part of the Licensed Software, subject to the terms and conditions of this Agreement.
Software Protection. 4.1.1 The Licensee agrees to offer to the Licensor all assistance that is necessary for the protection of any rights to which the Licensor is entitled in respect of the Cellphone Games Software. Once a claim is made by any third party against the Cellphone Games Software, the Licensor may, at its own expense, defend itself in proceedings in respect of such claim, the name of the Licensee or both Parties. In the event of any infringement on the Cellphone Games Software by a third party, the Licensee, to the extent that such infringement is known to it, shall immediately notify the Licensor in writing of the infringement of the above rights; only the Licensor shall have the right to decide whether an action shall be taken against such infringement.
4.1.2 The Licensee agrees that it will only use the Cellphone Games Software in compliance with this Agreement and the Cellphone Games Software shall not be used in a manner which, in the opinion of the Licensor, is deceptive and misleading, or in another manner which would cause harm to the reputation of the Cellphone Games Software and the Licensor.
Software Protection. 4.1.1 The licensee agrees to provide the licensor with necessary assistance to protect the licensor's ownership in aforesaid cell phone game software. Once any third party claims compensation upon such software, the licensor shall be able to, at its own discretion, respond to a lawsuit filed with regard to such compensation in its own name, or in the licensee's name or in both parties' names. In case that any other third party commits any behavior that infringes upon the aforesaid cell phone game software, the licensee shall, within the limits of its own knowledge, immediately notify the licensor in writing of the behavior that infringes upon the aforesaid trademark; only the licensor shall have the right to decide whether to take any action against such infringement behavior(s) or not.
4.1.2 The licensee agrees to make use of the aforesaid cell phone game software only under this Agreement, and not to make use of such cell phone game software in any manner that is deemed by the licensor as fraudulent or misleading or any other manner that jeopardizes the aforesaid cell phone game software or the business reputation of the licensor.
Software Protection. LICENSEE acknowledges that the Licensed Software is proprietary to EMBL. The software code of the Licensed Software shall be treated as trade secrets and confidential information, and LICENSEE agrees to use their best efforts to hold the same in confidence. LICENSEE's obligation for confidentiality shall not extend to any information which is, or becomes, generally available to the public, is already known to, or subsequently disclosed by third parties to, LICENSEE and is at its free disposal, or is independently developed by LICENSEE or its affiliates without the use of the confidential information disclosed by EMBL, or is required by law or legal process. Except as otherwise expressly permitted in this Agreement, LICENSEE may not (i) modify or create any derivative works of the Licensed Software or documentation to the Licensed Software, including customization, translation or localization; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Product; (iii) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Licensed Software; (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product; or (v) publish any results of benchmark tests run on the Product to a third party without EMBLEM's prior written consent.
Software Protection. County agrees that all material appropriately marked or identified as proprietary, whether oral or written, and furnished hereunder are provided for County’s exclusive use for the purposes of this Contract only and shall be held in confidence. All proprietary data shall remain the property of Contractor. County agrees to take all reasonable steps to ensure that such data are not disclosed to others without prior written consent of Contractor. County shall ensure, prior to disposing of any media, that any licensed materials contained thereon have been erased or otherwise destroyed. County agrees that it shall take appropriate action by instruction, agreement or otherwise with its employees or other persons permitted access to licensed programs and/or optional materials to satisfy its obligations under this Contract with respect to use, copying, modification and protection and security of licensed programs and optional materials. Notwithstanding the foregoing, County’s confidentiality and non-disclosure requirements in this Contract are subject to and limited by the California Public Records Act, California Government Code Section 6250 et seq.
Software Protection. The Borrower and its Subsidiaries have (a) obtained or, where appropriate, continued copyright registrations under applicable law for any and all intellectual property owned by the Borrower and its Subsidiaries that is subject to registration and (b) assigned to the Administrative Agent and granted to the Administrative Agent a security interest in all of such copyright registrations.
Software Protection. Without limiting the generality of the last sentence of Section 7, (i) with respect to Software provided in executable object code form, Buyer agrees not to reverse assemble, reverse compile or otherwise reverse engineer the Software, in whole or in part, or otherwise attempt to obtain the source code of the Software or permit any third party to do so, except only if and to the extent such actions are expressly permitted by applicable law, and (ii) Buyer agrees not to modify or prepare derivative works of any Software, and (iii) Buyer agrees not to distribute the Software, except only in executable object code form as part of the Product, or lease, rent, timeshare, transmit or otherwise permit any third party to use or otherwise access any Software (other than as inherent in the normal use of a Product).
Software Protection. 4.1.1 The Licensee agrees to offer to the Licensor all assistance that is necessary for the protection of any rights to which the Licensor is entitled in respect of the System Software. Once a claim is made by any third party against the System Software, the Licensor may, at its own expense, defend itself in proceedings in respect of such claim, the name of the Licensee or both Parties. In the event of any infringement on the System Software by a third party, the Licensee, to the extent that such infringement is known to it, shall immediately notify the Licensor in writing of the infringement of the above rights; only the Licensor shall have the right to decide whether an action shall be taken against such infringement.
4.1.2 The Licensee agrees that it will only use the System Software in compliance with this Agreement and the System Software shall not be used in a manner which, in the opinion of the Licensor, is deceptive and misleading, or in another manner which would cause harm to the reputation of the System Software and the Licensor.
Software Protection. 18 3.17. Labor Matters.......................................................19 3.18.
