Common use of Use and Ownership of the APEX Service Clause in Contracts

Use and Ownership of the APEX Service. You may access and use the APEX Service only: (a) during the Subscription Term; (b) for Your internal business purposes (which may include providing services to Your End Users if permitted in the Service Offering Description); and (c) in accordance with the Agreement. If the APEX Service includes Software that is licensed by Dell to You, then You will only use the Software: (i) in connection with Your use of the APEX Service and as provided in the Agreement; (ii) for the Subscription Term; and (iii) in accordance with Dell’s End User License Agreement (“XXXX”). You must not: (1) resell or rent the use of the APEX Service; or (2) use the APEX Service in support of an offering, or for a purpose, which is intended to compete with Dell’s APEX Service business. If Dell believes a problem with the APEX Service is caused by, or results from, Customer Content, or Your use of the APEX Service, then You agree to cooperate with Dell in order to identify and resolve the problem. You agree that Dell owns all rights, titles, and interests in and to the APEX Service and all improvements, enhancements, modifications, and derivative works, and all intellectual property rights in all of these. Your rights to use the APEX Service are limited to those specifically stated in writing in the Agreement. You agree that You do not have any other implied rights in, or to, the APEX Service. Dell reserves all rights not granted to You in the Agreement.