Common use of Modification of Software Clause in Contracts

Modification of Software. 7.1 The Customer must not modify or alter any part of the Licensed System and/or the Products or merge all or any part of the Licensed System and/or the Products with any other Work without Pentana Solutions' written permission. 7.2 If the Licensed System and/or Products are modified or altered by the Customer with the permission of Pentana Solutions pursuant to subclause 7.1: (a) the costs associated with the modifications or alterations or the costs arising out of the investigation of the effects of proposed modifications or alterations will be borne solely by the Customer; and (b) the Customer will fully indemnify Pentana Solutions against all liability which may be incurred by Pentana Solutions if such modifications or alterations infringe any Intellectual Property Rights of a Third Party or otherwise cause Pentana Solutions to suffer loss, damages or expense. 7.3 The Licensed System, Products, Base Product, API or SaaS as modified or altered remains the property of Pentana Solutions in all respects, whether modified by the Customer, Pentana Solutions or a third party and whether or not authorised pursuant to this Agreement. Specifically, the Customer must if necessary assign to Pentana Solutions all Intellectual Property Rights arising out of any modifications to the Licensed System and/or to any Products.. 7.4 This Agreement applies to the Licensed System and/or any Products as modified or altered. 7.5 The Customer must execute such documents and perform such other acts as are necessary in order to give effect to subclause 7.3. 7.6 Pentana Solutions is not required to provide Services in respect of the Licensed System and/or any Products which have been modified by the Customer, but may at its sole discretion elect to do so for an Extra Charge.

Modification of Software. 7.1 The Customer must not modify or alter any part of the Licensed System and/or the Products or merge all or any part of the Licensed System and/or the Products with any other Work without Pentana Solutions' written permission. 7.2 If the Licensed System and/or the Products are modified or altered by the Customer with the permission of Pentana Solutions pursuant to subclause 7.1: (a) the costs associated with the modifications or alterations or the costs arising out of the investigation of the effects of proposed modifications or alterations will be borne solely by the Customer; and (b) the Customer will fully indemnify Pentana Solutions against all liability which may be incurred by Pentana Solutions if such modifications or alterations infringe any Intellectual Property Rights of a Third Party or otherwise cause Pentana Solutions to suffer loss, damages or expense. 7.3 The Licensed System, Products, Base Product, API or SaaS as modified or altered remains the property of Pentana Solutions in all respects, whether modified by the Customer, Pentana Solutions or a third party Third Party and whether or not authorised pursuant to this Agreement. Specifically, the Customer must if necessary assign to Pentana Solutions all Intellectual Property Rights arising out of any modifications to the Licensed System and/or to any Products... 7.4 This Agreement applies to the Licensed System and/or any Products as modified or altered. 7.5 The Customer must execute such documents and perform such other acts as are necessary in order to give effect to subclause 7.3. 7.6 Pentana Solutions is not required to provide Services in respect of the Licensed System and/or any Products which have been modified by the Customer, but may at its sole discretion elect to do so for an Extra Charge.