Common use of Grant of License and Restrictions Clause in Contracts

Grant of License and Restrictions. Subject to the terms hereof, payment of any License Fees (as defined in Section 2), and any applicable user/use limitations specified in this Agreement, Teradici grants Licensee a personal, limited, revocable (in accordance herewith), non-sub-licensable, non-transferable, nonexclusive, right to use a Licensed Product in object code form only during the Term (as defined in Section 3), and only in accordance with Teradici’s applicable user documentation. For these purposes, “Licensed Product” shall include software (including firmware that may be loaded on, embedded in or otherwise included with a product purchased by Licensee), any updates to the foregoing and all Teradici and/or third-party proprietary documentation, including any installation documents, provided by Teradici to Licensee. The license under this Section 1 shall not survive expiration or termination of this Agreement. Licensee may possess only the number of copies of the Licensed Product as has been expressly authorized by Teradici, and the Licensed Product may only be used by the number of users/instances/machines licensed. Teradici retains ownership of the Licensed Product and all copies (including all intellectual property rights therein) and Licensee shall maintain the copyright notice and any other notices that appear on the Licensed Product on any copies and any media. Licensee shall not (and shall not allow any third party to): (a) reverse engineer, adapt, translate, decompile, disassemble or attempt to discover any source code or underlying ideas or algorithms of the Licensed Product (except to the extent that applicable law prohibits reverse engineering restrictions); (b) use the Licensed Product (i) on any host or client device not running on an operating system and/or hardware expressly authorized by Teradici; or (ii) on or in connection with any embedded client device whose primary function is to deliver desktops and applications via remote display protocols (e.g., “thin” and “zero” clients); or (iii) to connect to or interoperate with any offering not provided by or authorized by Teradici or a Teradici agent (c) provide, lease, lend, disclose, use for timesharing or service bureau purposes, or otherwise use or allow others to use for the benefit of any third party, the Licensed Product (except as expressly and specifically authorized in writing by Teradici); (d) possess or use any Licensed Product, or allow the transfer, transmission, export, or re-export of the Licensed Product or portion thereof in violation of any export control laws or regulations administered by the U.S. Commerce Department, U.S. Treasury Department's Office of Foreign Assets Control, or any other government agency; (e) disclose to any third party any benchmarking or comparative study involving the Licensed 10 2016 Teradici Corporation Product; (f) use the Licensed Product to transmit infringing, libelous, or otherwise unlawful or tortious material, or to transmit material in violation of third party privacy rights; (g) interfere with or disrupt the integrity or performance of the Licensed Product or third party data contained therein; (h) attempt to gain unauthorized access to the Licensed Product or its related systems or networks; or (i) modify or create derivative works from the Licensed Product. Without in any way limiting the foregoing, any and all modifications or derivatives of the Licensed Product made by any person shall be owned by Teradici and Licensee hereby irrevocably assigns, transfers and conveys any modifications or derivatives thereof (including all intellectual property rights therein) to Teradici. Prior to disposing of any media or apparatus containing any part of the Licensed Product, Licensee shall completely destroy such part of the Licensed Product contained therein. Further, any Licensed Product specifically licensed for evaluation purposes, without charge or for a nominal charge, shall be deemed a free evaluation license and may be used for purposes of evaluation for a paid license only, and not for any productive use. Licensee acknowledges that the Licensed Product may be distributed alongside or contain or use certain third party software (“Third Party Software”). THIRD PARTY SOFTWARE IS (IN ADDITION TO THE TERMS AND CONDITIONS OF THIS AGREEMENT), SUBJECT TO AND GOVERNED BY (AND LICENSEE AGREES TO, AND SHALL INDEMNIFY TERADICI FOR NONCOMPLIANCE WITH) THE RESPECTIVE LICENSES FOR THE THIRD PARTY SOFTWARE ARE AVAILABLE AT ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/third-party-licenses. To the extent the terms of the third party software require an offer to provide source code or related information, such offer is hereby made. Any request for source code or related information should be directed only to: ▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇. THE LICENSED PRODUCT IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE WHERE THE FAILURE OF THE LICENSED PRODUCT COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SIGNIFICANT PHYSICAL OR ENVIRONMENTAL DAMAGE (“HIGH RISK ACTIVITIES”). USE OF THE LICENSED PRODUCT IN HIGH RISK ACTIVITIES IS NOT AUTHORIZED AND LICENSEE SHALL DEFEND AND INDEMNIFY TERADICI AND ITS AFFILIATES FOR ANY THIRD PARTY CLAIMS BASED ON LICENSEE’S USE OF LICENSED PRODUCT IN HIGH RISK ACTIVITIES.

Grant of License and Restrictions. Subject to the terms hereof, payment of any License Fees (as defined in Section 2), and any applicable user/use limitations specified in this Agreement, Teradici grants Licensee a personal, limited, revocable (in accordance herewith), non-sub-licensable, non-transferable, nonexclusive, right to use a Licensed Product in object code form only during the Term (as defined in Section 3), and only in accordance with Teradici’s applicable user documentation. For these purposes, “Licensed Product” shall include software (including firmware that may be loaded on, embedded in or otherwise included with a product purchased by Licensee), any updates to the foregoing and all Teradici and/or third-party proprietary documentation, including any installation documents, provided by Teradici to Licensee. The license under this Section 1 shall not survive expiration or termination of this Agreement. Except for one copy solely for back-up purposes, Licensee may possess only the number of copies of the Licensed Product as has been expressly authorized by Teradici, and the Licensed Product may only be used by the number of users/instances/machines licensed. ; Teradici retains ownership of the Licensed Product and all copies (including all intellectual property rights therein) and Licensee shall maintain the copyright notice and any other notices that appear on the Licensed Product on any copies and any media. Licensee shall not (and shall not allow any third party to): (a) reverse engineer, adapt, translate, decompile, disassemble or attempt to discover any source code or underlying ideas or algorithms of the Licensed Product (except to the extent that applicable law prohibits reverse engineering restrictions); (b) use the Licensed Product (i) on any host or client device not running on an operating system and/or hardware expressly authorized by Teradici; or (ii) on or in connection with any embedded client device whose primary function is to deliver desktops and applications via remote display protocols (e.g., “thin” and “zero” clients); or (iii) use the Licensed Product to connect to or interoperate with any non-Teradici offering not provided by or authorized by Teradici or a Teradici agent (c) provide, lease, lend, disclose, use for timesharing or service bureau purposes, or otherwise use or allow others to use for the benefit of any third party, the Licensed Product (except as expressly and specifically authorized in writing by Teradici); (d) possess or use any Licensed Product, or allow the transfer, transmission, export, or re-export of the Licensed Product or portion thereof in violation of any export control laws or regulations administered by the U.S. Commerce Department, U.S. Treasury Department's Office of Foreign Assets Control, or any other government agency; (e) disclose to any third party any benchmarking or comparative study involving the Licensed 10 2016 Teradici Corporation Product; (f) use the Licensed Product to transmit infringing, libelous, or otherwise unlawful or tortious material, or to transmit material in violation of third party privacy rights; (g) interfere with or disrupt the integrity or performance of the Licensed Product or third party data contained therein; (h) attempt to gain unauthorized access to the Teradici Workstation Access Software ▇▇▇▇ (January 2016) Teradici Corporation Licensed Product or its related systems or networks; or (i) modify or create derivative works from the Licensed Product. Without in any way limiting the foregoing, any and all modifications or derivatives of the Licensed Product made by any person shall be owned by Teradici and Licensee hereby irrevocably assigns, transfers and conveys any modifications or derivatives thereof (including all intellectual property rights therein) to Teradici. Prior to disposing of any media or apparatus containing any part of the Licensed Product, Licensee shall completely destroy such part of the Licensed Product contained therein. Further, any Licensed Product specifically licensed for evaluation purposes, without charge or for a nominal charge, shall be deemed a free evaluation license and may be used for purposes of evaluation for a paid license only, and not for any productive use. Licensee acknowledges that the Licensed Product may be distributed alongside or contain or use certain third party software (“Third Party Software”). THIRD PARTY SOFTWARE IS (IN ADDITION TO THE TERMS AND CONDITIONS OF THIS AGREEMENT), SUBJECT TO AND GOVERNED BY (AND LICENSEE AGREES TO, AND SHALL INDEMNIFY TERADICI FOR NONCOMPLIANCE WITH) THE RESPECTIVE LICENSES FOR THE THIRD PARTY SOFTWARE ARE AVAILABLE AT ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/third-party-licenses. To the extent the terms of the third party software require an offer to provide source code or related information, such offer is hereby made. Any request for source code or related information should be directed only to: ▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇. THE LICENSED PRODUCT IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE WHERE THE FAILURE OF THE LICENSED PRODUCT COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SIGNIFICANT PHYSICAL OR ENVIRONMENTAL DAMAGE (“HIGH RISK ACTIVITIES”). USE OF THE LICENSED PRODUCT IN HIGH RISK ACTIVITIES IS NOT AUTHORIZED AND LICENSEE SHALL DEFEND AND INDEMNIFY TERADICI AND ITS AFFILIATES FOR ANY THIRD PARTY CLAIMS BASED ON LICENSEE’S USE OF LICENSED PRODUCT IN HIGH RISK ACTIVITIES.

Grant of License and Restrictions. Subject to the terms hereofof this Agreement, payment of any License Fees (as defined in Section 2)all fees, and any applicable user/use limitations specified in this Agreementlimitations, Teradici Cycuity, Inc. (“Cycuity”) hereby grants Licensee a personal, limited, revocable (in accordance herewith), non-sub-licensable, non-transferable, nonsublicensable, nonexclusive, revocable right to use a Licensed Product the product or products (as expressly set forth in an applicable Order Form) in object code form only during the Term (as defined in Section 3)each, a “Product”) on authorized machine(s) located at authorized Licensee site(s) and only in accordance with TeradiciCycuity’s applicable user documentationdocumentation and price list. For these purposes, “Licensed Product” shall include software (including firmware that may be loaded on, embedded in or otherwise included with a product purchased by Licensee), any updates to the foregoing and all Teradici and/or third-party proprietary documentation, including any installation documents, provided by Teradici to Licensee. The license under this Section 1 shall not survive expiration or termination of this Agreement. Licensee may possess only the number of copies of the Licensed Product as has been expressly authorized by Teradici, and the Licensed Product may only be used by the number of users/instances/machines licensed. Teradici Cycuity retains ownership of the Licensed Product and all copies (including all intellectual property rights therein) of Products and Licensee shall will maintain the copyright notice and any other notices that appear on the Licensed a Product on any copies and any media. Licensee shall will not (and shall will not allow any third party to): (ai) reverse engineer, adapt, translate, decompile, disassemble engineer or attempt to discover any source code or underlying ideas or algorithms of the Licensed any Product (except to the extent that applicable law prohibits reverse engineering restrictions); (b) use the Licensed Product (i) on any host or client device not running on an operating system and/or hardware expressly authorized by Teradici; or (ii) on or in connection with any embedded client device whose primary function is to deliver desktops and applications via remote display protocols (e.g., “thin” and “zero” clients); or (iii) to connect to or interoperate with any offering not provided by or authorized by Teradici or a Teradici agent (c) provide, lease, lend, disclose, use for timesharing or service bureau purposes, or otherwise use or allow others to use for the benefit of any third party, the Licensed any Product (except as expressly and specifically authorized in writing by TeradiciCycuity); (diii) possess or use any Licensed Product, or allow the transfer, transmission, export, or re-export of the Licensed any Product or portion thereof thereof, in violation of any export control laws or regulations administered by the U.S. Commerce Department, U.S. Treasury Department's Office of Foreign Assets Control, or any other government agency; (eiv) disclose to any third party any benchmarking or comparative study involving the Licensed 10 2016 Teradici Corporation any Product; (f) use the Licensed Product to transmit infringing, libelous, or otherwise unlawful or tortious material, or to transmit material in violation of third party privacy rights; (g) interfere with or disrupt the integrity or performance of the Licensed Product or third party data contained therein; (h) attempt to gain unauthorized access to the Licensed Product or its related systems or networks; or (iv) modify or create derivative works from the Licensed any Product. Without in any way limiting the foregoing, any and all modifications or derivatives of the Licensed Product made by any person shall be owned by Teradici and Licensee hereby irrevocably assigns, transfers and conveys any modifications or derivatives thereof (including all intellectual property rights therein) to Teradici. Prior to disposing of any media or apparatus containing any part of the Licensed any Product, Licensee shall completely destroy such part of the Licensed any Product contained therein. All the limitations and restrictions on Products set forth in this Agreement also apply to documentation and screens. Further, any Licensed a Product specifically licensed for evaluation purposes, without charge or for a nominal charge, shall charge will be deemed a free evaluation license and may be used for purposes of evaluation for a paid license only, and not for any productive use. LICENSEE ACKNOWLEDGES THAT A PRODUCT MAY INCLUDE FEATURES TO PREVENT USE AFTER THE APPLICABLE LICENSE PERIOD AND/OR USE INCONSISTENT HEREWITH. Notwithstanding, ▇▇▇▇▇▇▇▇ agrees to abide by the terms of their purchase agreement. Licensee acknowledges that the Licensed a Product may be distributed alongside or contain or use certain third party software (“Third Party Software”). THIRD PARTY SOFTWARE IS (IN ADDITION TO THE TERMS AND CONDITIONS OF THIS AGREEMENT), SUBJECT TO AND GOVERNED BY (AND LICENSEE AGREES TO, AND SHALL WILL INDEMNIFY TERADICI CYCUITY FOR NONCOMPLIANCE WITH) THE RESPECTIVE LICENSES FOR THE THIRD PARTY SOFTWARE ARE AVAILABLE AT ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/third-party-licensesSET FORTH IN EXHIBIT A. 2. To Support and Maintenance. If and only if Customer elects to purchase Support and Maintenance (as indicated in the Order Form or separately agreed to in writing between the parties), Cycuity will use commercially reasonable efforts to provide the support and maintenance services for such Product as and to the extent the terms of the third party software require an offer described on Exhibit B (“Support and Maintenance”), except with respect to Third Party Software. If Customer elects not to purchase Support and Maintenance, Cycuity will have no obligations to provide source code support or maintenance or updates, modifications or new releases under this Agreement or any related informationdocument. If Customer elects to purchase Support and Maintenance after the Effective Date, Customer shall pay Support and Maintenance Fees for such offer is hereby made. Any request for source code or related information should be directed only to: ▇▇▇▇▇@▇▇▇▇▇▇▇▇Support and Maintenance, on a retroactive basis, dating back to the Effective Date as though Customer had purchased such Support and Maintenance on the Effective Date.▇▇▇. THE LICENSED PRODUCT IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE WHERE THE FAILURE OF THE LICENSED PRODUCT COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SIGNIFICANT PHYSICAL OR ENVIRONMENTAL DAMAGE (“HIGH RISK ACTIVITIES”). USE OF THE LICENSED PRODUCT IN HIGH RISK ACTIVITIES IS NOT AUTHORIZED AND LICENSEE SHALL DEFEND AND INDEMNIFY TERADICI AND ITS AFFILIATES FOR ANY THIRD PARTY CLAIMS BASED ON LICENSEE’S USE OF LICENSED PRODUCT IN HIGH RISK ACTIVITIES.

Grant of License and Restrictions. Subject to the terms hereofof this Agreement, payment of any License Fees (as defined in Section 2)all fees, and any applicable user/use limitations specified in this Agreementlimitations, Teradici Tortuga hereby grants Licensee a personal, limited, revocable (in accordance herewith), non-sub-licensable, non-transferable, nonsublicensable, nonexclusive, revocable right to use a Licensed Product the product or products (as expressly set forth in an applicable Order Form) in object code form only during the Term (as defined in Section 3)each, a “Product”) on authorized machine(s) located at authorized Licensee site(s) and only in accordance with TeradiciTortuga’s applicable user documentationdocumentation and price list. For these purposes, “Licensed Product” shall include software (including firmware that may be loaded on, embedded in or otherwise included with a product purchased by Licensee), any updates to the foregoing and all Teradici and/or third-party proprietary documentation, including any installation documents, provided by Teradici to Licensee. The license under this Section 1 shall not survive expiration or termination of this Agreement. Licensee may possess only the number of copies of the Licensed Product as has been expressly authorized by Teradici, and the Licensed Product may only be used by the number of users/instances/machines licensed. Teradici Tortuga retains ownership of the Licensed Product and all copies (including all intellectual property rights therein) of Products and Licensee shall will maintain the copyright notice and any other notices that appear on the Licensed a Product on any copies and any media. Licensee shall will not (and shall will not allow any third party to): ): (ai) reverse engineer, adapt, translate, decompile, disassemble engineer or attempt to discover any source code or underlying ideas or algorithms of the Licensed any Product (except to the extent that applicable law prohibits reverse engineering restrictions); (b) use the Licensed Product (i) on any host or client device not running on an operating system and/or hardware expressly authorized by Teradici; or (ii) on or in connection with any embedded client device whose primary function is to deliver desktops and applications via remote display protocols (e.g., “thin” and “zero” clients); or (iii) to connect to or interoperate with any offering not provided by or authorized by Teradici or a Teradici agent (c) provide, lease, lend, disclose, use for timesharing or service bureau purposes, or otherwise use or allow others to use for the benefit of any third party, the Licensed any Product (except as expressly and specifically authorized in writing by TeradiciTortuga); (diii) possess or use any Licensed Product, or allow the transfer, transmission, export, or re-export of the Licensed any Product or portion thereof thereof, in violation of any export control laws or regulations administered by the U.S. Commerce Department, U.S. Treasury Department's Office of Foreign Assets Control, or any other government agency; ; (eiv) disclose to any third party any benchmarking or comparative study involving the Licensed 10 2016 Teradici Corporation any Product; (f) use the Licensed Product to transmit infringing, libelous, or otherwise unlawful or tortious material, or to transmit material in violation of third party privacy rights; (g) interfere with or disrupt the integrity or performance of the Licensed Product or third party data contained therein; (h) attempt to gain unauthorized access to the Licensed Product or its related systems or networks; or (iv) modify or create derivative works from the Licensed any Product. Without in any way limiting the foregoing, any and all modifications or derivatives of the Licensed Product made by any person shall be owned by Teradici and Licensee hereby irrevocably assigns, transfers and conveys any modifications or derivatives thereof (including all intellectual property rights therein) to Teradici. Prior to disposing of any media or apparatus containing any part of the Licensed any Product, Licensee shall completely destroy such part of the Licensed any Product contained therein. All the limitations and restrictions on Products set forth in this Agreement also apply to documentation and screens. Further, any Licensed a Product specifically licensed for evaluation purposes, without charge or for a nominal charge, shall charge will be deemed a free evaluation license and may be used for purposes of evaluation for a paid license only, and not for any productive use. LICENSEE ACKNOWLEDGES THAT A PRODUCT MAY INCLUDE FEATURES TO PREVENT USE AFTER THE APPLICABLE LICENSE PERIOD AND/OR USE INCONSISTENT HEREWITH. Notwithstanding, ▇▇▇▇▇▇▇▇ agrees to abide by the terms of their purchase agreement. Licensee acknowledges that the Licensed a Product may be distributed alongside or contain or use certain third party software (“Third Party Software”). THIRD PARTY SOFTWARE IS (IN ADDITION TO THE TERMS AND CONDITIONS OF THIS AGREEMENT), SUBJECT TO AND GOVERNED BY (AND LICENSEE AGREES TO, AND SHALL WILL INDEMNIFY TERADICI TORTUGA FOR NONCOMPLIANCE WITH) THE RESPECTIVE LICENSES FOR THE THIRD PARTY SOFTWARE ARE AVAILABLE AT ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/third-party-licensesSET FORTH IN EXHIBIT A. 2. To Support and Maintenance. If and only if Customer elects to purchase Support and Maintenance (as indicated in the Order Form or separately agreed to in writing between the parties), Tortuga will use commercially reasonable efforts to provide the support and maintenance services for such Product as and to the extent the terms of the third party software require an offer described on Exhibit B (“Support and Maintenance”), except with respect to Third Party Software. If Customer elects not to purchase Support and Maintenance, Tortuga will have no obligations to provide source code support or maintenance or updates, modifications or new releases under this Agreement or any related informationdocument. If Customer elects to purchase Support and Maintenance after the Effective Date, Customer shall pay Support and Maintenance Fees for such offer is hereby made. Any request for source code or related information should be directed only to: ▇▇▇▇▇@▇▇▇▇▇▇▇▇Support and Maintenance, on a retroactive basis, dating back to the Effective Date as though Customer had purchased such Support and Maintenance on the Effective Date.▇▇▇. THE LICENSED PRODUCT IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE WHERE THE FAILURE OF THE LICENSED PRODUCT COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SIGNIFICANT PHYSICAL OR ENVIRONMENTAL DAMAGE (“HIGH RISK ACTIVITIES”). USE OF THE LICENSED PRODUCT IN HIGH RISK ACTIVITIES IS NOT AUTHORIZED AND LICENSEE SHALL DEFEND AND INDEMNIFY TERADICI AND ITS AFFILIATES FOR ANY THIRD PARTY CLAIMS BASED ON LICENSEE’S USE OF LICENSED PRODUCT IN HIGH RISK ACTIVITIES.

Grant of License and Restrictions. Subject to the terms hereof, payment of any License Fees (as defined in Section 2), and any applicable user/use limitations specified in this Agreement, Teradici grants Licensee a personal, limited, revocable (in accordance herewith), non-sub-licensable, non-transferable, nonexclusive, right to use a Licensed Product in object code form only during the Term (as defined in Section 3), and only in accordance with Teradici’s applicable user documentation. For these purposes, “Licensed Product” shall include software (including firmware that may be loaded on, embedded in or otherwise included with a product purchased by Licensee), any updates to the foregoing and all Teradici and/or third-party proprietary documentation, including any installation documents, provided by Teradici to Licensee. The license under this Section 1 shall not survive expiration or termination of this Agreement. Licensee may possess only the number of copies of the Licensed Product as has been expressly authorized by Teradici, and and, unless expressly licensed for Concurrent Use (as such term is defined below), the Licensed Product may only be used by the number of users/instances/machines licensed. Teradici retains ownership of the Licensed Product and all copies (including all intellectual property rights therein) and Licensee shall maintain the copyright notice and any other notices that appear on the Licensed Product on any copies and any media. For purposes of this Agreement, the term "Concurrent Use" means Licensee shall not (and shall not allow any third party to): (a) reverse engineer, adapt, translate, decompile, disassemble or attempt to discover any source code or underlying ideas or algorithms of the may use a Licensed Product (except to based on the extent that applicable law prohibits reverse engineering restrictions); (b) number of users who can use the Licensed Product at any one time when the Licensed Product is either installed (i) on any host or client device not running a computer file server and initiated by an individual from another computer on an operating system and/or hardware expressly authorized by Teradicithe same internal network as the computer file server; or (ii) on an individual’s computer, but only made available for use when such individual’s computer is granted permission by a computer file server over an internal network. The total number of users who can use the Licensed Product at any one time may not exceed the total number of Concurrent Use licenses granted by Teradici for such Licensed Product. With respect to software, the limited use license above permits Licensee to use the Licensed Product on or in connection with any embedded client device whose primary function is to deliver desktops and applications via remote display protocols (e.g., “thin” and “zero” clients), but only as follows: (i) in the event Licensee is current in payment of a Teradici Desktop Access subscription; (ii) in the event Licensee is current in payment of a Teradici Cloud Access subscription; or (iii) to connect to or interoperate with any offering not provided by or authorized by Teradici or in the event Licensee is current in payment of a Teradici agent (c) provide, lease, lend, disclose, use for timesharing or service bureau purposes, or otherwise use or allow others to use for the benefit of any third party, the Licensed Product (except as expressly and specifically Thin Client Access license subscription from an authorized in writing by Teradici); (d) possess or use any Licensed Product, or allow the transfer, transmission, export, or re-export of the Licensed Product or portion thereof in violation of any export control laws or regulations administered by the U.S. Commerce Department, U.S. Treasury Department's Office of Foreign Assets Control, or any other government agency; (e) disclose to any third party any benchmarking or comparative study involving the Licensed 10 2016 Teradici Corporation Product; (f) use the Licensed Product to transmit infringing, libelous, or otherwise unlawful or tortious material, or to transmit material in violation of third party privacy rights; (g) interfere with or disrupt the integrity or performance of the Licensed Product or third party data contained therein; (h) attempt to gain unauthorized access to the Licensed Product or its related systems or networks; or (i) modify or create derivative works from the Licensed Product. Without in any way limiting the foregoing, any and all modifications or derivatives of the Licensed Product made by any person shall be owned by Teradici and Licensee hereby irrevocably assigns, transfers and conveys any modifications or derivatives thereof (including all intellectual property rights therein) to Teradici. Prior to disposing of any media or apparatus containing any part of the Licensed Product, Licensee shall completely destroy such part of the Licensed Product contained therein. Further, any Licensed Product specifically licensed for evaluation purposes, without charge or for a nominal charge, shall be deemed a free evaluation license and may be used for purposes of evaluation for a paid license only, and not for any productive use. Licensee acknowledges that the Licensed Product may be distributed alongside or contain or use certain third party software (“Third Party Software”). THIRD PARTY SOFTWARE IS (IN ADDITION TO THE TERMS AND CONDITIONS OF THIS AGREEMENT), SUBJECT TO AND GOVERNED BY (AND LICENSEE AGREES TO, AND SHALL INDEMNIFY TERADICI FOR NONCOMPLIANCE WITH) THE RESPECTIVE LICENSES FOR THE THIRD PARTY SOFTWARE ARE AVAILABLE AT ▇▇▇▇://▇▇▇OEM partner.▇▇▇▇▇▇▇▇.▇▇▇/third-party-licenses. To the extent the terms of the third party software require an offer to provide source code or related information, such offer is hereby made. Any request for source code or related information should be directed only to: ▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇. THE LICENSED PRODUCT IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE WHERE THE FAILURE OF THE LICENSED PRODUCT COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SIGNIFICANT PHYSICAL OR ENVIRONMENTAL DAMAGE (“HIGH RISK ACTIVITIES”). USE OF THE LICENSED PRODUCT IN HIGH RISK ACTIVITIES IS NOT AUTHORIZED AND LICENSEE SHALL DEFEND AND INDEMNIFY TERADICI AND ITS AFFILIATES FOR ANY THIRD PARTY CLAIMS BASED ON LICENSEE’S USE OF LICENSED PRODUCT IN HIGH RISK ACTIVITIES.