Additional License Restrictions. Except as otherwise expressly permitted under this Agreement, Client agrees not to: (a) reverse engineer or otherwise attempt to discover the source code of or trade secrets embodied in the Software or any portion thereof; (b) distribute, transfer, grant sublicenses to, or otherwise make available the Software (or any portion thereof) to third parties, including, but not limited to, making such Software available (i) through resellers or other distributors, or (ii) as an application service provider, service bureau, or rental source; (c) embed or incorporate in any manner the Software (or any element thereof) into other applications of Client or third parties; (d) create modifications to or derivative works of the Software; (e) reproduce the Software except that Client may make up to two archival copies of the Software solely for backup purposes; (f) attempt to modify, alter, or circumvent the license control and protection mechanisms within the Software; (g) use or transmit the Software in violation of any applicable law, rule or regulation, including any export/import laws, (h) in any way access, use, or copy any portion of the Software code (including the logic and/or architecture thereof and any trade secrets included therein) to directly or indirectly develop, promote, distribute, sell or support any product or service that is competitive with the Software or (i) remove, obscure or alter any copyright notices or any name, trademark, service ▇▇▇▇, hyperlink or other designation included on any display screen within the Software (“PlanetTogether Marks”). Client shall not permit any third party to perform any of the foregoing actions and shall be responsible for all damages and liabilities incurred as a result of such actions. The Software is a “commercial item,” as that term is defined at 48 C.F.R. 2.101 (OCT 1995), and more specifically is “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (JUNE 1995), the Software is provided to U.S. Government End Users (i) only as a commercial end item and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Appears in 2 contracts
Sources: Master Software License and Services Agreement, Master Software License and Services Agreement