Common use of Limitations on Exclusivity Clause in Contracts

Limitations on Exclusivity. Notwithstanding any provision of this Agreement to the contrary, the grants from Primus to Distributor contained in Section 2.1 and this Section 2.2 shall not be deemed to prohibit: (i) the sub-licensing of the Software to an end user located within the Territory by a Person located outside the Territory, provided that: (a) such Person is authorized by Primus to license Software to its own Affiliates, and the End User located in the Territory is an Affiliate of such Person, (b) such Person is offering Software in combination with other products on an OEM or VAR basis as an authorized distributor of Primus, or (c) the end user is a Web Access Customer; (ii) an End User's providing a Person located outside the Territory with access to the server portions of the Software, provided that: (a) the server on which the server portions of the Software are installed is under the custody and control of the End User, and (b) such Person is either (x) an Affiliate of the End User and is bound by the terms of the End User's License Agreement, or (y) is a Web Access Customer of the End User; (iii) the promotion and marketing of the Software via the Internet and on the World Wide Web by Primus or any licensor, licensee or sub-licensee of Primus.

Limitations on Exclusivity. Notwithstanding any provision of this Agreement to the contrary, the grants from Primus to Distributor contained in Section 2.1 and this Section 2.2 shall not be deemed to prohibit: (i) the sub-licensing of the Software to an end user located within the Territory by a Person located outside the Territory, provided that: (a) such Person is authorized by Primus to license Software to its own Affiliates, and the End User located in the Territory is an Affiliate of such Person, (b) such Person is offering Software in combination with other products on an OEM or VAR basis as an authorized distributor of Primus, or (c) the end user is a Web Access Customer; (ii) an End User's providing a Person located outside the Territory with access to the server portions of the Software, provided that: (a) the server on which the server portions of the Software are installed is under the custody and control of the End User, and (b) such Person is either (x) an Affiliate of the End User and is bound by the terms of the End User's License Agreement, or (y) is a Web Access Customer of the End User; (iii) the promotion and marketing of the Software via the Internet and on the World Wide Web by Primus or any licensor, licensee or sub-licensee of Primus; or (iv) entering into a split transaction as contemplated by Sections 2.4 and 7.3.