Common use of Grant of License and Restrictions Clause in Contracts

Grant of License and Restrictions. Subject to the terms hereof and the terms of the SLA, payment of all Fees (as defined in the SLA), and any applicable Software License Keys or other user/use limitations set forth in this Agreement, HiveIO grants Licensee a non-sublicensable, non-exclusive, and non-transferable, right to use the Software, for the Term (as defined in the SLA or this Agreement), and only in accordance with the Documentation. HiveIO may require the use of a Software License Key to limit Licensee’s usage of the Software accordingly. Free Evaluation Licensee’s use of the Software is restricted to: (a) one server and with no clustering; (b) the use of five virtual machines or less; and (c) use only if Hive Sense is enabled at all times. Further, the Free Evaluation License may be used solely for personal, non-commercial use for the purposes of evaluation for a paid license, and not for any production use. LICENSEE ACKNOWLEDGES THAT THE PRODUCT MAY INCLUDE FEATURES TO PREVENT USE AFTER THE TERM AND/OR USE INCONSISTENT HEREWITH. Licensee is responsible for obtaining any licenses necessary to operate any third-party software Licensee intends to use in conjunction with the Software, such as compatible third-party applications or guest operating systems. Licensee may not copy the Software or Documentation except for a reasonable number of machine-readable (in the case of the Software) copies for backup or archival purposes and except as expressly permitted in this Agreement. Such permitted ▇▇▇▇▇ will include all titles, trademarks or trade names, copyright notices, legends, or other proprietary markings. Licensee is not granted any rights to any trademarks or service marks of HiveIO or its affiliates, and HiveIO retains all rights not expressly granted to Licensee in this Agreement. Except in the case of a Free Evaluation License, which is intended for personal, non-commercial use only, in connection with providing access to the Software to authorized users, Licensee may provide the Software to third parties to operate the Software for the exclusive benefit of Licensee under written terms no less restrictive or protective of HiveIO’s rights than the terms and conditions of this Agreement and provided that Licensee remains responsible for strict compliance with this Agreement. Licensee will not (and will not allow any third party to): (i) reverse engineer or attempt to discover any source code or underlying ideas or algorithms of the Product (except to the extent that applicable law prohibits reverse engineering restrictions); (ii) 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 Product; (iii) possess or use the Product, or allow the transfer, transmission, export, or re-export of the 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; (iv) publish or disclose to any third party any opinions relating to, or test results, benchmarking or comparative study involving the Product without the prior written consent of HiveIO; or (v) modify the Product. Prior to disposing of any media containing any part of the Product, Licensee shall completely destroy any Product contained therein. All the limitations and restrictions on Products in this Agreement also apply to documentation and screens. Further, a Product licensed without charge or for a nominal charge will be deemed a “Free Evaluation License” and may be used solely for the purpose of evaluation for a paid license, and not for any production use. LICENSEE ACKNOWLEDGES THAT THE PRODUCT MAY INCLUDE FEATURES TO PREVENT USE AFTER THE APPLICABLE LICENSE PERIOD AND/OR USE INCONSISTENT HEREWITH.

Grant of License and Restrictions. Subject to the terms hereof and the terms of the SLA, payment of all Fees (as defined in the SLA), and any applicable Software License Keys or other user/use limitations set forth in this Agreement, HiveIO grants Licensee a non-sublicensable, non-exclusive, and non-transferable, right to use the Software, for the Term (as defined in the SLA or this Agreement), and only in accordance with the Documentation. HiveIO may require the use of a Software License Key to limit Licensee’s usage of the Software accordingly. Free Evaluation Licensee’s use of the Software is restricted to: : (a) one server and with no clustering; (b) the use of five virtual machines or less; and (c) use only if Hive Sense is enabled at all times. Further, the Free Evaluation License may be used solely for personal, non-commercial use for the purposes of evaluation for a paid license, and not for any production use. LICENSEE ACKNOWLEDGES THAT THE PRODUCT MAY INCLUDE FEATURES TO PREVENT USE AFTER THE TERM AND/OR USE INCONSISTENT HEREWITH. Licensee is responsible for obtaining any licenses necessary to operate any third-party software Licensee intends to use in conjunction with the Software, such as compatible third-third- party applications or guest operating systems. Licensee may not copy the Software or Documentation except for a reasonable number of machine-readable (in the case of the Software) copies for backup or archival purposes and except as expressly permitted in this Agreement. Such permitted ▇▇▇▇▇ will include all titles, trademarks or trade names, copyright notices, legends, or other proprietary markings. Licensee is not granted any rights to any trademarks or service marks of HiveIO or its affiliates, and HiveIO retains all rights not expressly granted to Licensee in this Agreement. Except in the case of a Free Evaluation License, which is intended for personal, non-commercial use only, in connection with providing access to the Software to authorized users, Licensee may provide the Software to third parties to operate the Software for the exclusive benefit of Licensee under written terms no less restrictive or protective of HiveIO’s rights than the terms and conditions of this Agreement and provided that Licensee remains responsible for strict compliance with this Agreement. Licensee will not (and will not allow any third party to): ): (i) reverse engineer or attempt to discover any source code or underlying ideas or algorithms of the Product (except to the extent that applicable law prohibits reverse engineering restrictions); (ii) 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 Product; (iii) possess or use the Product, or allow the transfer, transmission, export, or re-export of the 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; (iv) publish or disclose to any third party any opinions relating to, or test results, benchmarking or comparative study involving the Product without the prior written consent of HiveIO; or (v) modify the Product. Prior to disposing of any media containing any part of the Product, Licensee shall completely destroy any Product contained therein. All the limitations and restrictions on Products in this Agreement also apply to documentation and screens. Further, a Product licensed without charge or for a nominal charge will be deemed a “Free Evaluation License” and may be used solely for the purpose of evaluation for a paid license, and not for any production use. LICENSEE ACKNOWLEDGES THAT THE PRODUCT MAY INCLUDE FEATURES TO PREVENT USE AFTER THE APPLICABLE LICENSE PERIOD AND/OR USE INCONSISTENT HEREWITH.