Common use of License to Customer Clause in Contracts

License to Customer. (1) Necho hereby grants to Customer a perpetual, non-exclusive and non-assignable (except as permitted in Sections 18 and 19) license to do each of the following: (a) copy the Licensed Standard Software onto memory storage facility incorporated in the Designated Hardware; (b) copy onto and use the Licensed Standard Software on any of the central processing units comprising any part of the Designated Hardware provided that all portions of the Designated Hardware are located within the geographic boundaries listed in Schedule A (the "Designated Location") and further provided that, except by users of devices specifically included in Designated Hardware and by Clients as provided in Section 19, the Designated Hardware is not capable of being operated other than through the input devices each of which is directly connected to the Designated Hardware and is located in the Designated Location; and (c) make one copy of the Licensed Standard Software for archival purposes provided that in so doing no legend, trademark, trade name, or copyright notice contained in the Licensed Standard Software is deleted. (2) Customer shall not copy (except as permitted by Section 3(1)), modify, alter, disassemble, decompile, translate or convert into human readable form, or reverse engineer, all or any part of the Licensed Standard Software and shall not use the Licensed Standard Software, or Documentation to develop any derivative works or any functionally compatible or competitive software. Customer shall not have the right, and agrees not to copy or reproduce the Documentation. (3) The license granted pursuant to this Agreement is restricted to the Designated Hardware as long as it is located in the Designated Location. If the Designated Hardware becomes inoperative, another item of hardware may be substituted thereof on a temporary basis provided that Customer gives notice to Necho, as soon as practicable after the substitution, indicating the identity of the substituted hardware and the date of the substitution, and the other conditions set out in Section 3(1)(b) are satisfied; the extension of the license to the substituted hardware shall cease 10 days after the date of substitution unless Necho consents in writing to a permanent substitution. Necho agrees not to unreasonably withhold or delay such consent and agrees that such consent shall be without additional fees for comparable equipment. Necho reserves the right to receive an additional license fee in conjunction with its consent to a substitution.