USE OF PROPRIETARY SWING ANALYSIS SYSTEM Sample Clauses

USE OF PROPRIETARY SWING ANALYSIS SYSTEM. The parties acknowledge that Licensor has also acquired Old GBGC's interest in those proprietary methods and systems developed by GBI, Old GBGC and their subcontractors, which have been incorporated in a swing analysis system known as the Xxxx Xxxxxxxx Coaching Studio(TM) (the "Studio Trademark"), which system is currently utilized at the Golf Facilities and in other golf instructional facilities and programs operated and licensed by Licensor and its affiliates. Licensees acknowledge that Licensor and GB Golf shall have the sole right to: (i) pursue and/or authorize the ongoing development and production of proprietary software, hardware and user manuals for use in connection with the swing analysis systems currently marketed under the Studio Trademark and any upgrades or replacements thereto (each such system and all related hardware, software and manuals are known collectively as a "Coaching Studio"), and (ii) establish system specifications and designated vendors to be utilized by licensees and affiliates to acquire their requirements of Coaching Studios. Licensees agree to utilize and maintain in good working order at least that number of Coaching Studios presently operating in each Golf Facility, and to assure that sufficient numbers of Coaching Studios remain available to meet the needs of students enrolled in the Teaching Program at the Golf Facilities during the term of this Agreement. Licensees acknowledge that the existing Coaching Studios have been designed using computer and video equipment which has a limited useful life, and that Licensor reserves the right to modify and upgrade the proprietary technology of the Coaching Studio units during the term of this Agreement to reflect advances in video and computer technology. In the event of such modification or upgrade, Licensees will have the opportunity to modify or upgrade their existing Coaching Studios at the time such change is made, and they will be required to acquire Coaching Studio units which incorporate such modification or upgrade at the time an existing Coaching Studio is retired from service due to wear and tear or obsolescence unless Licensees elect to replace the retired Coaching Studio with a unit of the same model in good working order.
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Related to USE OF PROPRIETARY SWING ANALYSIS SYSTEM

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  • LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

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  • Operator Materials Operator retains all right, title and interest in and to any and all of Operator’s software, materials, tools, forms, documentation, training and implementation materials and intellectual property (“Operator Materials”). Operator grants to the LEA a personal, nonexclusive license to use the Operator Materials for its own non-commercial, incidental use as set forth in the Service Agreement. Operator represents that it has all intellectual property rights necessary to enter into and perform its obligations in this DPA and the Service Agreement, warrants to the District that the District will have use of any intellectual property contemplated by the Service Agreement free and clear of claims of any nature by any third Party including, without limitation, copyright or patent infringement claims, and agrees to indemnify the District for any related claims.

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