Confidentiality Purchaser shall keep the Deliverable Software that is not Project Intellectual. Property confidential in accordance with Article 20 (Safeguarding of Information and Technology) and Article 21 (Export Control) to the extent that such Deliverable Software is designated as Confidential Information by its owner and agrees to use its best efforts to see that its employees, consultants, and agents, and other users of such software, comply with the provisions of this Contract. Purchaser also agrees to refrain from taking any steps, such as reverse assembly or decompilation, to derive a source code equivalent of any object code that is furnished by Contractor, provided that Contractor continues to maintain the Deliverable Software that is not Project Intellectual Property in accordance with the terms of a support and maintenance agreement to be entered into on such terms to be agreed upon by the Parties, which terms shall in all events contain assurances of support and maintenance at least as favorable to Purchaser as those contained in the Operating, Administration and Maintenance Agreement concerning AC-1 or is willing and able to enter into an agreement to maintain the Deliverable Software upon terms reasonably comparable to the pertinent terms of the initial agreement to be entered into by the Parties with regard to support and maintenance after the expiration or termination thereof or does not go insolvent or bankrupt to thereby *. In the case of insolvency or bankruptcy of Contractor, Purchaser shall limit any derivation of a source code equivalent to that portion of the Deliverable Software that is Contractor Intellectual Property. Purchaser shall not under any circumstances take any steps to derive a source code * MATERIAL OMITTED AND SEPARATELY FILED WITH THE COMMISSION UNDER AN APPLICATION FOR CONFIDENTIAL TREATMENT. 47 43 equivalent from that portion of the Deliverable Software comprising commercial, off-the-shelf software developed or provided by third parties.
Appears in 2 contracts
Sources: Project Development and Construction Contract (Asia Global Crossing LTD), Project Development and Construction Contract (Asia Global Crossing LTD)
Confidentiality Purchaser shall keep the Deliverable Software that is not Project Intellectual. Property confidential in accordance with Article 20 (Safeguarding of Information and Technology) and Article 21 (Export Control) to the extent that such Deliverable Software is designated as Confidential Information by its owner and agrees to use its best efforts to see that its employees, consultants, and agents, and other users of such software, comply with the provisions of this Contract. Purchaser also agrees to refrain from taking any steps, such as reverse assembly or decompilation, to derive a source code equivalent of any object code that is furnished by Contractor, provided that Contractor continues to maintain the Deliverable Software that is not Project Intellectual Property in accordance with the terms of a support and maintenance agreement to be entered into on such terms to be agreed upon by the Parties, which terms shall in all events contain assurances of support and maintenance at least as favorable similar to those otherwise available to Purchaser as those contained in the Operating, Administration at such time through any other third party operations and Maintenance Agreement concerning AC-1 maintenance service provider or is willing and able to enter into an agreement to maintain the Deliverable Software upon terms reasonably comparable to the pertinent terms of the initial agreement to be entered into by the Parties with regard to support and maintenance after the expiration or termination thereof or does not go insolvent or bankrupt to thereby *. * In the case of insolvency or bankruptcy of Contractor, Purchaser shall limit any derivation of a source code equivalent to that portion of the Deliverable Software that is Contractor Intellectual Property. Purchaser shall not under any circumstances take any steps to derive a source code * MATERIAL OMITTED AND SEPARATELY FILED WITH THE COMMISSION UNDER AN APPLICATION FOR CONFIDENTIAL TREATMENT. 47 43 equivalent from that portion of the Deliverable Software comprising commercial, off-the-shelf software developed or provided by third parties.
Appears in 1 contract
Sources: Project Development and Construction Contract (Global Crossing Holdings LTD)