Title to the Services. You agree that the Services are licensed and not sold. As a result, you only acquire a nontransferable, revocable, non-exclusive right to use the Services. The right exists only during the term of the Agreement, and only for the purpose of accepting and managing payments. We retain all right(s), title, and interest in and to the Services. This includes rights in materials we deliver to you, and any invention, development, product, trade name, trademark, service mark, software program, or derivative from any item just listed. You shall not: (i) copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell, or distribute any of our material; (ii) permit any third party to use or benefit from the Services through a rental, lease, timesharing, service bureau, or other arrangement; (iii) work around, bypass or circumvent any of the technical limitations of the Services, use any tool to enable disabled functionalities, or decompile, disassemble, or reverse engineer the Services (unless the restriction is prohibited by the Laws); (iv) perform any act that interferes with proper access or use of the Services; or (v) use the Services in any manner not expressly allowed under this Agreement.
Title to the Services. Merchant agrees the Services are licensed not sold and that it is acquiring only a nontransferable, revocable, non-exclusive right to use the Services during the term of the Agreement and solely for the purposes of accepting payments and managing the payments Merchant receives. Processor shall at all times retain all rights, title, and interest in and to the Services, including without limitation, all rights to any materials delivered to Merchant hereunder and any invention, development, product, trade name, trademark, service xxxx, software program, or derivative thereof, developed or used in connection with providing the Services. Merchant agrees that it shall not: (i) copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material or information from Processor; (ii) permit any third party to use and benefit from the Services via a rental, lease, timesharing, service bureau or other arrangement; (iii) work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services, except to the extent that such restriction is expressly prohibited by law; (iv) perform or attempt to perform any actions that would interfere with the proper working of the Services, or prevent access to or use of the Services; or (v) otherwise use the Services except as expressly allowed under this Agreement.
Title to the Services. Merchant agrees it is acquiring only a nontransferable, non-exclusive right to use the Services. Processor shall at all times retain exclusive title to the Services, including without limitation, any materials delivered to Merchant hereunder and any invention, development, product, trade name, trademark, service xxxx, software program, or derivative thereof, developed in connection with providing the Services or during the term of this Agreement.
Title to the Services. Customer agrees it is acquiring only a limited, nontransferable, nonexclusive right to use the Services. Vendor shall at all times retain exclusive title to the Services, including without limitation, any materials delivered to Customer hereunder and any invention, development, product, content, trade name, trademark, service mxxx, software program, or derivative thereof, developed in connection with providing the Services or during the term of this Agreement.
Title to the Services. Unless specifically set forth in an Addendum to the contrary, Customer agrees it is acquiring only a limited, nontransferable, non-sublicensable, non exclusive right to use the Services; provided, however, that this shall not limit Customer’s rights to use the Services among Customers’ affiliates. Vendor shall at all times retain exclusive title to the Services, including without limitation, any materials delivered to Customer hereunder and any invention, development, product, intellectual property, technology, content, trade name, trademark, service xxxx, software program, or derivative thereof, developed in connection with providing the Services or during the term of this Agreement. Notwithstanding the foregoing, Vendor obtains no right, title or interest to (i) confidential information provided by Customer about Customer, its business or the transactions or confidential information of Customer’s customers pursuant to this Agreement or (ii) data of Customer or Customer’s customers, provided that Customer shall grant Vendor access to Customer’s systems to receive the Services. Customer hereby grants to the Company a license during the term of this Agreement to so access Customer’s systems and to use any such such information and data in connection with Vendor’s performance of its obligations hereunder. Vendor represents, warrants and covenants that, to its knowledge, the Services and any related materials, product, content, Software and any Confidential Information supplied by Vendor do not infringe upon any patent, copyright trademark or other proprietary information or intellectual property right of any third person. In the event of any claim of infringement (or reasonable basis for such a claim pursuant to the opinion of Vendor’s counsel), Vendor may either continue to provide the Services to Customer with non-infringing systems of equal functionality, obtain the right to continue to provide the Services to Customer, or discontinue the Service.
Title to the Services. Customer agrees it is acquiring only a nontransferable, non-exclusive right to use the Services. MPS shall at all times retain exclusive title to the Services, including without limitation, any materials delivered to Customer hereunder and any invention, development, product, trade name, trademark, service xxxx or software program developed in connection with providing the Services or during the term of this Agreement.
Title to the Services. Merchant agrees it is acquiring only a nontransferable, non-exclusive right to use the Services Bank shall at all times retain exclusive title to the Services, including without limitation, any materials delivered to Merchant hereunder and any invention, development, product, trade name, trademark, service xxxx, software program, or derivative thereof, developed in connection with providing the Services or during the term of this Agreement.
Title to the Services. Sub-Merchant agrees it is acquiring only a nontransferable, non-exclusive right to use the Services. T2 shall at all times retain exclusive title to the Services, including without limitation, any materials delivered to Sub-Merchant hereunder and any invention, development, product, trade name, trademark, service mark, software program, or derivative thereof, developed in connection with providing the Services or during the term of this Agreement.
Title to the Services. The Services are licensed and not sold. As a result, Merchant acquires only a nontransferable, revocable, non-exclusive right to use the Services during the term, and only for the purpose of facilitating Transactions. Company retains all right, title, and interest in and to the Services, and anything arising in connection with the Services, including any materials provided to Merchant, feedback related to the Services, products or services developed in connection with the Services, and any data of any kind derived from Transactions, which Company can use, share, sell, and/or otherwise disclose for any purpose not prohibited by Laws, including in furtherance of providing any Services. Notwithstanding anything to the contrary any Privacy Policy or notice or in this Agreement, we have the right to use, disclose, share, and retain any information you provide or that arises out of the Services in this Agreement, during the term and thereafter: (i) with your franchisor or franchisees, associations you belong to or belonged to at the commencement of this Agreement; (ii) with your affiliates; (iii) in response to subpoenas, warrants, court orders or other legal processes; (iv) in response to requests from law enforcement agencies or government entities; (v) to comply with applicable Laws or Rules; (vi) with our affiliates, business partners and agents; (vii) to Card Associations and/or Card Brands and their designees; (viii) with Merchant Providers and their designees; (ix) to any other referral source or processor, including the applicable referrer; (x) to perform analytic services for you, us, and/or others, including analyzing, tracking, and comparing transaction and other data to develop and provide insights for those parties as well as for developing, marketing, maintaining and/or improving our products and services; and/or (xi) to offer or provide Services under this Agreement.
Title to the Services. Xxxxxxxx agrees it is acquiring only a nontransferable, non-exclusive right to use the Services. Processor shall at all times retain exclusive title to the Services, including without limitation, any materials delivered to Merchant hereunder and any invention, development, product, IP Rights, software program, or derivative thereof, developed in connection with providing the Services or during the term of this Agreement (“Processor Property”). Merchant hereby unconditionally and irrevocably assigns, transfers, and conveys to Processor all of Merchant’s right, title and interest in and to any Processor Property and IP Rights therein or thereto Merchant shall obtain or provide all necessary rights, consents and notices for Processor to use all of the data and information supplied by Merchant hereunder in accordance with the terms of the Agreement.
