Common use of Restrictions on License Grant Clause in Contracts

Restrictions on License Grant. The following restrictions shall govern Licensee’s and its Affiliates’ use of the Software: (a) Modifying, translating, renting, loaning, leasing, hosting, time sharing, copying, transferring or assigning all or part of the Software, or any rights granted hereunder, to any other persons or removing any proprietary notices, labels or marks from the Software is strictly prohibited except as otherwise set forth in this Agreement; (b) Licensee agrees that it will not attempt, and will use its commercially reasonable efforts to prevent its Affiliates, employees and contractors from attempting to reverse compile, modify, translate or disassemble the Software in whole or in part. Licensee hereby agrees not to create derivative works based on the Software; (c) Licensee will not publish or disclose to any third party any opinions relating to, or test results, benchmarking or comparative study involving the Software without the prior written consent of IMT; and (d) Licensee will not possess or use the Software, or allow the transfer, transmission, export, or re-export of the Software or portion thereof in violation of any export control laws or regulations administered by the U.S. Commerce Department, U.S. Treasury Department's Office of Foreign Assets Control, or any other government agency. Any failure to comply with the above or any other terms and conditions contained herein where such failure continues beyond the applicable notice and cure periods may result in the termination of this license and the reversion of the rights granted hereunder to IMT. The license grant applies to the portions of the Software that do not fall under a third-party license. Those portions that do fall under a third-party license are identified, with their full licenses, in the Software documentation under “Help / About.”

Restrictions on License Grant. The following restrictions shall govern Licensee’s and its Affiliates’ use of the Software: (a) Modifying, translating, renting, loaning, leasing, hosting, time sharing, copying, transferring or assigning all or part of the Software, or any rights granted hereunder, to any other persons or removing any proprietary notices, labels or marks from the Software is strictly prohibited except as otherwise set forth in this Agreement; (b) Licensee agrees that it will not attempt, and will use its commercially reasonable efforts to prevent its Affiliates, employees and contractors from attempting to reverse compile, modify, translate or disassemble the Software in whole or in part. Licensee hereby agrees not to create derivative works based on the Software; (c) Licensee will not publish or disclose to any third party any opinions relating to, or test results, benchmarking or comparative study involving the Software without the prior written consent of IMTCloudSoda; and (d) Licensee will not possess or use the Software, or allow the transfer, transmission, export, or re-export of the Software or portion thereof in violation of any export control laws or regulations administered by the U.S. Commerce Department, U.S. Treasury Department's Office of Foreign Assets Control, or any other government agency. Any failure to comply with the above or any other terms and conditions contained herein where such failure continues beyond the applicable notice and cure periods may result in the termination of this license and the reversion of the rights granted hereunder to IMTCloudSoda. The license grant applies to the portions of the Software that do not fall under a third-party license. Those portions that do fall under a third-party license are identified, with their full licenses, in the Software documentation under “Help / About.”