Reservation of Rights; Restrictions. As between Elastic and Customer, Elastic owns all right title and interest in and to the Commercial Software and any derivative works thereof, and except as expressly set forth in Section 1.1 of this Addendum, no other license to the Commercial Software is granted to Customer by implication, estoppel or otherwise. Customer agrees not to: (i) reverse engineer or decompile, decrypt, disassemble or otherwise reduce any Commercial Software or any portion thereof to human-readable form, except and only to the minimum extent permitted by applicable law, (ii) deploy more Billable Nodes or Resource Units than are permitted under an applicable Subscription, (iii) prepare derivative works from, modify, copy or use the Commercial Software in any manner except as expressly permitted herein; (iv) except as expressly permitted in Section 1.1 of this Addendum, transfer, sell, rent, lease, distribute, sublicense, loan or otherwise transfer the Commercial Software in whole or in part to any third party; (v) except for Customer’s internal business purposes, or as otherwise may be expressly permitted on an applicable Order Form or in another written agreement signed by the parties, use the Commercial Software for providing any time-sharing services, software-as-a-service or “SaaS” offering, service bureau services or as part of an application services provider or other service offering; (vii) circumvent the limitations on use of the Commercial Software that are imposed or preserved by any License Key, (viii) alter or remove any marks and notices in the Commercial Software; (ix) deploy the Commercial Software on or in connection with any third party infrastructure as a service that includes any Community Software as a service, or (x) make available to any third party any analysis of the results of operation of the Commercial Software, including benchmarking results, without the prior written consent of Elastic. Customer also agrees not to: (a) access or use any Elastic-hosted infrastructure or related data, systems, or networks (collectively, “Elastic-Hosted infrastructure”) that interface with components of the Commercial Software for purposes of monitoring the availability, performance or functionality of such Elastic-Hosted infrastructure or for any other benchmarking or competitive purposes, including, without limitation, for the purpose of designing and/or developing any competitive services; (b) interfere with or disrupt the integrity or performance of any Elastic-Hosted infrastructure; or (c) attempt to gain unauthorized access to any Elastic-Hosted infrastructure. The Commercial Software may contain or be provided with third party open source libraries, components, utilities and other open source software (collectively, “Third Party Open Source Software”), which Third Party Open Source Software may have applicable license terms as identified on a website designated by Elastic or otherwise provided with the Commercial Software or Documentation. Notwithstanding anything to the contrary herein, use of the Third Party Open Source Software shall be subject to the license terms and conditions applicable to such Third Party Open Source Software, to the extent required by the applicable licensor (which terms shall not restrict the license rights granted to Customer hereunder, but may contain additional rights).
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Sources: Self Managed Subscription Agreement, Self Managed Subscription Agreement
Reservation of Rights; Restrictions. As between Elastic and Customer, Elastic Talend owns all right title and interest in and to the Commercial Talend Software and any derivative works thereof, and except as expressly set forth in Section 1.1 of this Addendum, no other license to the Commercial Talend Software is granted to Customer by implication, estoppel or otherwise. Customer understands and agrees that ▇▇▇▇▇▇▇▇’s ability to use the Talend Software is determined by the Software Subscription Key provided to Customer. Customer agrees not to: (i) reverse engineer or decompileuse the Talend Software other than for licensed purposes, decrypt, disassemble or otherwise reduce any Commercial Software or any portion thereof to human-readable form, except and only to such as for the minimum extent permitted by applicable law, processing of Unsupported Code other than Generated Code; (ii) deploy more Billable Nodes or Resource Units than are permitted under an applicable Subscription, (iii) prepare derivative works from, modify, copy or use the Commercial Talend Software in any manner except as expressly permitted hereinin this Agreement; (iii) attempt to circumvent, disable or defeat the limitations on Customer’s use of the Talend Software encoded into the Software Subscription Key, including without limitation any restrictions on the ability to process or utilize binary code artifacts that were created using TOS; (iv) except as expressly permitted in Section 1.1 of this Addendum, transfer, sell, rent, lease, distribute, sublicense, loan or otherwise transfer the Commercial Talend Software or the Generated Code in whole or in part to any third party; (v) except for Customer’s internal business purposes, or as otherwise may be expressly permitted on an applicable Order Form or in another written agreement signed by the parties, use the Commercial Talend Software or the Generated Code for providing any time-sharing services, any software-as-a-service or offering (“SaaS” offering”), service bureau services or as part of an application services provider or other as a service offering; (vii) circumvent the limitations on use of the Commercial Software that are imposed or preserved by any License Key, (viiivi) alter or remove any marks and proprietary notices in the Commercial SoftwareTalend Software or the Generated Code; and (ix) deploy the Commercial Software on or in connection with any third party infrastructure as a service that includes any Community Software as a service, or (xvii) make available to any third party any analysis of the results of operation of the Commercial Talend Software, including benchmarking results, without the prior written consent of ElasticTalend. Notwithstanding the foregoing restrictions, in the event Customer also agrees has purchased a Software Subscription license for Commercial Use (as such term is defined below), Customer shall be permitted to use the Talend Software to provide third party services in cases where such third parties access the Customer provided applications or services, but where such third parties do not to: (a) have the ability to install, configure, manage or have direct access or use any Elastic-hosted infrastructure or related datato the Talend Software. Talend hereby agrees, systems, or networks (collectively, “Elastic-Hosted infrastructure”) that interface with components subject to payment of the Commercial Software for purposes applicable fees, to permit such use and the terms of monitoring the availabilitythis Agreement, performance or functionality of such Elastic-Hosted infrastructure or for any other benchmarking or competitive purposes, including, without limitation, for the purpose of designing including references to "internal use" and/or developing any competitive services; (b) interfere with or disrupt the integrity or performance of any Elastic-Hosted infrastructure; or (c) attempt to gain unauthorized access to any Elastic-Hosted infrastructure. The Commercial Software may contain or be provided with third party open source libraries, components, utilities and other open source software (collectively, “Third Party Open Source Software”), which Third Party Open Source Software may have applicable license terms as identified on a website designated by Elastic or otherwise provided with the Commercial Software or Documentation. Notwithstanding anything to the contrary herein, use of the Third Party Open Source Software "internal business operations" shall be subject deemed to the license terms include and conditions applicable permit such use (hereafter referred to such Third Party Open Source Software, to the extent required by the applicable licensor (which terms shall not restrict the license rights granted to Customer hereunder, but may contain additional rightsas "Commercial Use").
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