STK Material Use License definition
STK Material Use License means a nontransferable, nonexclusive, worldwide, license to use, execute, reproduce, display, perform, transfer, distribute, sublicense, and prepare Derivative Works, of the IBM Materials and its Derivative Works. Such license includes the right of STK to authorize others to do any of the above, and also applies to associated audio and visual works. Except for the right to sublicense STK subsidiaries pursuant to Section 11.0 of the IDA, the right to sublicense under this definition is limited to granting sublicenses for microcode which include terms and conditions substantially similar to the STK Customer Agreement, to granting sublicenses for software other than microcode under the terms and conditions that STK uses for similar software of its own, and to granting sublicenses to third-party maintainers under reasonable terms and conditions. Nothing in this definition of STK Material Use License or elsewhere in the Modified OEM Agreement shall be construed, subject to the payment of royalties due, to prevent STK from distributing through OEMs other than IBM, Funded Enhancements that are incorporated in STK DASD, provided that nothing in the Final Judgment to which this definition is attached shall obligate IBM to grant or obligate IBM to permit STK to grant rights under such license to OEMs other than the right of STK to permit OEMs to distribute Funded Enhancements contained in STK products. In the event of a Change of Control, subject to the payment of royalties due and the acquiring entity’s agreement to be bound by the Modified OEM Agreement,