Third-Party Software Programs. TRANSACTION is entitled to distribute software programs of third-parties, which are not part of the SOFTWARE, together with the SOFTWARE. The software programs of third-parties are subject to their own license terms, which may be attached to third-party software programs or may be accessed at the website of the respective provider. If the LICENSEE does not agree with the license terms applicable to third-party software programs, he is not authorized to install them. In the event of a transfer or installation of third-party software programs on more than one system, the LICENSEE shall be obliged to contact the licensor of the respective software program.
Third-Party Software Programs. MHS shall keep confidential any proprietary information of any third-party vendors or suppliers and any proprietary software (including code, screenshots, manuals, etc.) of third-party vendors or suppliers provided or utilized by HHSC and made available to MHS under this Agreement [as opposed to via direct arrangements between MHS and vendors or supplier] (the “Software Programs”), and to use such information only for the purposes set forth in this Agreement unless otherwise agreed to in writing by HHSC. MHS shall not: (i) copy, modify, adapt, improve, maintain, license, sublicense, lease, sell, rent, export, or grant other rights in or to the Software Programs; (ii) disassemble, decompile, manipulate, reverse engineer, benchmark, create derivative works or otherwise access the Software Programs in order to copy any features, functionality or components (including but not limited to all software and data components) of the Software Programs and shall take all commercially reasonable steps to prevent such disassembly, decompiling, manipulation, benchmarking, reverse engineering and other access of Software Programs; (iii) work around any technical limitations in the Software Programs or use any tool to enable features or functionalities that are otherwise disabled in the Software Programs; (iv) use the Software Programs directly or indirectly (including but not limited to using the Software Programs as a benchmark to test against) in order to develop, enhance, or structure other similar data or derivative data, or to create any derivative product or compilation in any form for internal use, resale, or distribution; (v) alter or modify the Software Programs in any way; or (vi) otherwise use the Software Programs, except as expressly allowed under this Agreement. MHS shall take all commercially reasonable steps, in accordance with reasonable industry practices, to protect the security of Software Programs and to prevent unauthorized use or disclosure of Software Programs. While using the Software Programs (if applicable), MHS shall not knowingly (A) send or store infringing or unlawful material; (B) send or store malicious code; (C) attempt to gain unauthorized access to or disrupt the integrity or performance of the Software Programs; or (D) use the Software Programs to provide services to any other Person. MHS is responsible for any breach of this paragraph by its employees, agents, contractors or other representatives.
