Proprietary Rights and Restrictions. Title, ownership rights, and intellectual property rights of the Software Product shall remain with ETM. Licensee acknowledges such rights and will not jeopardize, limit or interfere in any manner with ETM’s ownership of or rights with respect to the Software Product. Licensee may neither distribute or disclose the Software Product in whole or part to Third Parties nor copy, translate, reverse engineer, de-compile, disassemble or modify the Software Product without prior written permission of ETM. The Licensee shall not lease or rent the Software Product or a part or portion of the Software Product to a Third Party unless ETM grants this right to the Licensee in written consent. For branding the SIMATIC WinCC Open Architecture MSI installation, a separate OEM License Agreement with ETM is required. ETM has the right to trace serial numbers of the License Keys at any time and in any reasonable manner without prior notice. The Software Product is protected by a License protection mechanism and may only be used in conjunction with a valid License Key (which may be either a hardware or software device or both) issued by or on behalf of ETM. ETM retains ownership of the License Key. The Licensee may use the License Key to operate the Software Product for the term of this Agreement. The Licensee must not use the APIs or development tools or interfaces of the Licensed Software to create software modules or -functionalities to replace software modules or -functionalities (e.g. user interface, drivers, etc.), which are integral or optional part of the Licensed Software, if not agreed otherwise by ETM.
Appears in 2 contracts
Sources: End User License Agreement, End User License Agreement