Common use of Intellectual Property in the Product Clause in Contracts

Intellectual Property in the Product. 11.1 In addition to the provisions of the General Terms and Conditions: 11.1.1 where the Software or any part of it, including without limitation Software that is pre-loaded or embedded in the Product, is licensed by a third party who requires the Customer to accept their terms of use, the Customer’s use of the Software and any upgrade of it is subject to the Customer’s acceptance of those terms of use, whether or not in the form of a separate end user licence agreement, and the Customer will comply with those terms. Where BT installs the Product and where the third party’s terms of use are presented in the form of a ‘click to accept’ function or equivalent the Customer expressly authorises BT to bind the Customer to the third party’s terms of use. Third party terms of use are located at: ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/uk/en/footer_links/end- user-license-agreements-and-maintenance-agreements or may be available upon application in writing to BT. 11.1.2 the Customer will keep the embedded software, any operating manuals and any other documentation provided confidential, and will not disclose them other than to its employees, agents or contractors who need to use them to operate the Product. The Customer will ensure that such employees, agents and contractors abide by the provisions of this clause 11.1.2. 11.1.3 The Customer will contact the Product Manufacturer directly and promptly (and shall notify BT, copying any correspondence to BT), in the event of any breach or potential breach of the Software Licence.

Appears in 2 contracts

Sources: Product Order Agreement, Product Order Agreement

Intellectual Property in the Product. 11.1 In addition to the provisions of the General Terms and Conditions: 11.1.1 where the Software or any part of it, including without limitation Software that is pre-loaded or embedded in the Product, is licensed by a third party who requires the Customer to accept their terms of use, the Customer’s use of the Software and any upgrade of it is subject to the Customer’s acceptance of those terms of use, whether or not in the form of a separate end user licence agreement, and the Customer will comply with keep to those terms. Where BT installs the Product and where the third party’s terms of use are presented in the form of a ‘click to accept’ function or equivalent the Customer expressly authorises BT to bind the Customer to the third party’s terms of use. Third party terms of use are located at: ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/uk/en/footer_links/end- userend-user- license-agreements-and-maintenance-agreements or may be available upon application in writing to BT.agreements 11.1.2 the Customer will keep the embedded software, any operating manuals and any other documentation provided confidential, and will not disclose them other than to its employees, agents or contractors who need to use them to operate the Product. The Customer will ensure that such employees, agents and contractors abide by the provisions of this clause 11.1.2. 11.1.3 The Customer will contact the Product Manufacturer directly and promptly (and shall notify BT, copying any correspondence to BT), in the event of any breach or potential breach of the Software Licence.

Appears in 1 contract

Sources: Product Order Agreement