Treatment of Source Code Sample Clauses

Treatment of Source Code. Each Party, as a Licensee, acknowledges and agrees that the source code of the Licensed Software licensed to such Party as Licensee is the confidential information of the other Party as Licensor under the terms of Section 6.2 and shall in addition be subject to the terms of this Section 4.6. Each Party, as a Licensee, shall limit access to the source code of the Licensed Software to its employees who have a need to access the source code for the purposes of exercising Licensee’s rights under this Agreement. Each Party, as a Licensee, shall use reasonable commercial efforts to protect the confidentiality of the source code of the Licensed Software, including, without limitation, securing the network, server, hard drives and other media on which the source code is stored or maintained.
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Treatment of Source Code. Licensee agrees to treat (or instruct a Custodian to treat) the Source Code version of the Licensed Work, including related development documentation, with the same care and discretion with which it treats the similar Source Code versions of other programming products under similar circumstances, for a period of five (5) years after the date of receipt of such Source Code. If Licensee decides to license some or all of the Source Code to its customers, such license shall be subject to protective terms equivalent to the terms Licensee uses to protect other similar Source Code. The foregoing obligations shall not apply to any aspect of the Source Code that is (1) publicly available or becomes so in the future without restriction, (2) rightfully received by Licensee from a third party and not accompanied by confidentiality obligations, (3) already in Licensee's possession and lawfully received from sources other than Licensor, (4) independently developed by Licensee, or (5) approved in writing for release or disclosure without restriction by Licensor.
Sample 1
Treatment of Source Code. With respect to the source code of any of Sellers' Intellectual Property that has been licensed to a third party or is subject to an escrow arrangement, INSO shall have assigned to INSO Providence, pursuant to agreements in form and substance satisfactory to Buyers in their sole discretion, all of its rights and interests in the source code licenses set forth in Schedule 4.4 under the heading "License Agreement Under Which Source Code Licenses Are Granted" and all source code escrow agreements set forth in Schedule 4.4 under the heading "Source Code Escrow Agreements"; provided, however, that as to any such source code license or source code escrow agreement as to which an Unobtained Consent exists on the Closing Date, this Section 7.1(t) shall be deemed to have been satisfied if INSO shall have used all commercially reasonable efforts to secure all necessary consents, approvals and other actions of any Third Party to the assignment of such source code license or source code escrow agreement, as the case may be, before the Closing Date, including, without limitation, the notification of each such Third Party to request that they perform any necessary actions required under their respective agreements. Buyers shall have received a fully executed copy of each such agreement.
Sample 1
Treatment of Source Code. Source Code for the Netscape Technology, Netscape Technology Updates, Netscape Tools, TVsoft Technology and TVsoft Products and any Derivative Works thereof shall be Confidential Information under the foregoing terms of this Section 12 and shall in addition be subject to the terms of this Section 12.6. (a) TVsoft will limit access to the Source Code of the Netscape Technology, Netscape Technology Updates and Netscape Tools solely to TVsoft employees and on-site independent contractors ("Contractors") with a need to know for purposes of this License Agreement, and will limit access to the Source Code of TVsoft Products containing Derivative Works of the Netscape Technology only to employees, Source Code licensees (authorized pursuant to Section 2.3) and Contractors who have a need to know for purposes of this License Agreement. In the event that any third party acquires a majority of the outstanding capital stock of TVsoft entitled to vote in the election of directors, or in the event of assignment of this Agreement by TVsoft pursuant to Section 17.3, then TVsoft agrees that: (i) its employees and Contractors who have had access to the Source Code of the Netscape Technology, Netscape Technology Updates, Netscape Tools, Derivative Works of any of the foregoing or TVsoft Products containing Derivative Works of the foregoing will not, for a period of six (6) months after the effective date of such acquisition or assignment (as applicable), participate in the development of any product that competes with the Netscape Products or TVsoft Products for TVsoft or for the acquiring party or assignee (as applicable); provided, that the foregoing provisions of this clause (i) shall not be deemed to limit any such employee or Contractor from continuing to participate in the development of TVsoft Products hereunder, and (ii) its employees and Contractors who have had access to the Source Code of the Netscape Technology, Netscape Technology Updates or Netscape Tools will not, for a period of six (6) months after such employee or Contractor has ceased to have access to such Source Code, participate in the development of any product that competes with the Netscape Products or TVsoft Products for the acquiring party or assignee (as applicable); (A) provided, that the foregoing provisions of this clause (ii) shall not be deemed to limit any such employee or Contractor from continuing to participate in the development of TVsoft Products hereunder; (B) provided, further, that t...
Sample 1

Related to Treatment of Source Code

  • Management of Special and Technical Environment Each certificated support person demonstrates an acceptable level of performance in managing and organizing the special materials, equipment and environment essential to the specialized programs.

  • Procurement of Small Works Works estimated to cost $250,000 equivalent or less per contract, up to an aggregate amount not to exceed $800,000 equivalent, may be procured under lump-sum, fixed-price contracts awarded on the basis of quotations obtained from three (3) qualified domestic contractors in response to a written invitation. The invitation shall include a detailed description of the works, including basic specifications, the required completion date, a basic form of agreement acceptable to the Bank, and relevant drawings, where applicable. The award shall be made to the contractor who offers the lowest price quotation for the required work, and who has the experience and resources to complete the contract successfully. Part D: Review by the Bank of Procurement Decisions

  • Substance Abuse Treatment Information Substance abuse treatment information shall be maintained in compliance with 42 C.F.R. Part 2 if the Party or subcontractor(s) are Part 2 covered programs, or if substance abuse treatment information is received from a Part 2 covered program by the Party or subcontractor(s).

  • Procurement of Recovered Materials In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired

  • Musculoskeletal Injury Prevention and Control The hospital in consultation with the Joint Health and Safety Committee (JHSC) shall develop, establish and put into effect, musculoskeletal prevention and control measures, procedures, practices and training for the health and safety of employees.

  • Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

  • CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS 1. The Contractor certifies that it will provide a drug-free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Contractor’s workplace and specifying the actions that will be taken against employees for violation of such prohibition;

  • Limitation on Out-of-State Litigation - Texas Business and Commerce Code § 272 This is a requirement of the TIPS Contract and is non-negotiable. Texas Business and Commerce Code § 272 prohibits a construction contract, or an agreement collateral to or affecting the construction contract, from containing a provision making the contract or agreement, or any conflict arising under the contract or agreement, subject to another state’s law, litigation in the courts of another state, or arbitration in another state. If included in Texas construction contracts, such provisions are voidable by a party obligated by the contract or agreement to perform the work. By submission of this proposal, Vendor acknowledges this law and if Vendor enters into a construction contract with a Texas TIPS Member under this procurement, Vendor certifies compliance.

  • DEVELOPMENT OR ASSISTANCE IN DEVELOPMENT OF SPECIFICATIONS REQUIREMENTS/ STATEMENTS OF WORK

  • Certification Regarding Prohibition of Boycotting Israel (Tex Gov. Code 2271)

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