Common use of Software and Documentation Clause in Contracts

Software and Documentation. 12.1 Where Software is provided as part of Goods and/or Services, such Software is supplied under licence of the applicable third party owner or licensor. All proprietary rights in such Software, including title or ownership to the Software, shall remain with the relevant third party owner or licensor of such Software and shall not transfer to the Customer under any circumstances. 12.2 It is the sole responsibility of the Customer to comply with any terms and conditions of any Licence attaching to Software supplied under this Agreement and the Customer is hereby notified that failure to comply with such terms and conditions could result in the Customer being refused a software licence or having the same revoked by the proprietary owner. The Customer’s failure to comply with such terms and conditions shall constitute a material breach of this Agreement. 12.3 All Software provided by Mollis Group under this Agreement is supplied "as is". In the event that such Software fails to conform to its product description or proves defective in any other material way, the sole obligation of Mollis Group in connection with the supply of such Software is to obtain and supply a corrected version from the manufacturer concerned provided always that the Customer has notified Mollis Group in writing of such defect or non-conformance to product description within 14 days of the date of delivery of the applicable Software. 12.4 Notwithstanding the provisions of any Licence: 12.4.1 unless otherwise agreed by Mollis Group, the Customer may only use Software for the purpose (if any) specified in the Order Form; 12.4.2 the Customer may not copy, modify or disassemble Software except to the extent as permitted by applicable law and on prior written notice to Mollis Group; 12.4.3 the Customer shall not remove, alter, cover or obliterate any copyright or other proprietary rights notice used on or in connection with Software without the prior written consent of Mollis Group; 12.4.4 the Customer shall not permit any third party use of the Software whether by way of bureau, timeshare, rental, sub-licence or other service; and 12.4.5 the Customer shall indemnify and keep Mollis Group fully and effectively indemnified on demand against any liability, damage, expense, claim or cost (including reasonable legal costs and expenses) determined under any final judgement or settlement as a result of any breach by the Customer of this Clause 12 and any of the terms or conditions of the Licence. 12.5 Any Documentation which may be supplied by Mollis Group from time to time is supplied “as is” and as provided to Mollis Group by the relevant manufacturer or supplier of Goods or the third party owner or licensor of the Software. Mollis Group makes no representations regarding the Documentation being satisfactory or fit for purpose or otherwise and accepts no liability for defects or errors or otherwise in connection with in the Customer’s use of the Documentation.

Software and Documentation. 12.1 Where Software not otherwise subject to a separate agreement or license is provided to Customer subject to Verizon’s standard Software license terms as follows. In consideration for payment of any applicable fees, Customer is granted a License. Customer may not use, offer or license the Software to provide Services or substantially the same Services to any third party (except Affiliates), whether on a stand-alone basis or in combination with any other software or materials. Customer may not use the Software either in connection with the products and/or services of any third party or to provide services for the benefit of any third party. Customer may make one copy of the Software, other than the documentation, for archival or back-up purposes only if any copyright and other proprietary rights notices are reproduced on such copy. Customer may make a reasonable number of copies of documentation provided as part of Goods and/or Services, such the Software is supplied under licence solely in support of its use of the applicable Software and Services. Customer may not: (a) attempt to reverse engineer, decompile, disassemble or otherwise translate or modify the Software in any manner; or (b) sell, assign, license, sublicense or otherwise transfer, transmit or convey Software, or any copies or modifications thereof, or any interest therein, to any third party owner or licensorparty. All proprietary rights in such the Software, including title without limitation any patents, copyrights and any other intellectual property rights therein, remain the exclusive property of Verizon and/or its licensors. Customer agrees that the Software is the proprietary and confidential information of Verizon and/or its licensors subject to the provisions of the clause entitled Confidentiality. Except to the extent otherwise expressly agreed by the Parties in writing, Verizon has no obligation to provide maintenance or ownership other support of any kind for the Software, including without limitation any error corrections, updates, enhancements or other modifications. The License will immediately terminate upon the earlier of: (i) termination or expiration of any Agreement or Order between Verizon and Customer pertaining to the Software, shall remain with the relevant third party owner or licensor of such Software and shall not transfer to the Customer under any circumstances. 12.2 It is the sole responsibility (ii) termination of the Services with which the Software is intended for use, or (iii) failure of Customer to comply with any terms provisions of this clause entitled Software and conditions Documentation. Upon termination of any Licence attaching to Software supplied under this Agreement and the Customer is hereby notified that failure to comply with such terms and conditions could result in the Customer being refused a software licence or having the same revoked by the proprietary owner. The License, at Customer’s failure to comply with such terms and conditions shall constitute a material breach of this Agreement. 12.3 All Software provided by Mollis Group under this Agreement is supplied "as is". In the event that such Software fails to conform to its product description or proves defective in any other material wayoption, the sole obligation of Mollis Group in connection with the supply of such Software is to obtain and supply a corrected version from the manufacturer concerned provided always that the Customer has notified Mollis Group in writing of such defect or non-conformance to product description within 14 days of the date of delivery of the applicable Software. 12.4 Notwithstanding the provisions of any Licence: 12.4.1 unless otherwise agreed by Mollis Group, the Customer may only use Software for the purpose will promptly either: (if any1) specified in the Order Form; 12.4.2 the Customer may not copy, modify or disassemble Software except to the extent as permitted by applicable law and on prior written notice to Mollis Group; 12.4.3 the Customer shall not remove, alter, cover or obliterate any copyright or other proprietary rights notice used on or in connection with Software without the prior written consent of Mollis Group; 12.4.4 the Customer shall not permit any third party use destroy all copies of the Software whether by way of bureauin its possession; or (2) return all such copies to Verizon, timeshare, rental, sub-licence or other service; and 12.4.5 and in either event provide an officer's written certification confirming the Customer shall indemnify and keep Mollis Group fully and effectively indemnified on demand against any liability, damage, expense, claim or cost (including reasonable legal costs and expenses) determined under any final judgement or settlement as a result of any breach by the Customer of this Clause 12 and any of the terms or conditions of the Licencesame. 12.5 Any Documentation which may be supplied by Mollis Group from time to time is supplied “as is” and as provided to Mollis Group by the relevant manufacturer or supplier of Goods or the third party owner or licensor of the Software. Mollis Group makes no representations regarding the Documentation being satisfactory or fit for purpose or otherwise and accepts no liability for defects or errors or otherwise in connection with in the Customer’s use of the Documentation.

Software and Documentation. 12.1 Where Software not otherwise subject to a separate agreement or license is provided to Customer subject to Verizon’s standard Software license terms as follows. In consideration for payment of any applicable fees, Customer is granted a License. Customer may not use the Software either in connection with the products and/or services of any third party or to provide services for the benefit of any third party. Customer may make one copy of the Software, other than the documentation, for archival or back-up purposes only if any copyright and other proprietary rights notices are reproduced on such copy. Customer may make a reasonable number of copies of documentation provided as part of Goods and/or Services, such the Software is supplied under licence solely in support of its use of the applicable Software and Services. Customer may not: (a) attempt to reverse engineer, decompile, disassemble or otherwise translate or modify the Software in any manner; or (b) sell, assign, license, sublicense or otherwise transfer, transmit or convey Software, or any copies or modifications thereof, or any interest therein, to any third party owner or licensorparty. All proprietary rights in such the Software, including title without limitation any patents, copyrights and any other intellectual property rights therein, remain the exclusive property of Verizon and/or its licensors. Customer agrees that the Software is the proprietary and confidential information of Verizon and/or its licensors subject to the provisions of the clause entitled “Confidentiality ”.. Except to the extent otherwise expressly agreed by the Parties in writing, Verizon has no obligation to provide maintenance or ownership other support of any kind for the Software, including without limitation any error corrections, updates, enhancements or other modifications. The License will immediately terminate upon the earlier of: (i) termination or expiration of any Agreement or Order between Verizon and Customer pertaining to the Software;, shall remain with the relevant third party owner or licensor of such Software and shall not transfer to the Customer under any circumstances. 12.2 It is the sole responsibility (ii) termination of the Services with which the Software is intended for use;, or (iii) failure of Customer to comply with any terms provisions of this clause entitled “Software and conditions Documentation” .. Upon termination of any Licence attaching to Software supplied under this Agreement and the Customer is hereby notified that failure to comply with such terms and conditions could result in the Customer being refused a software licence or having the same revoked by the proprietary owner. The License, at Customer’s failure to comply with such terms and conditions shall constitute a material breach of this Agreement. 12.3 All Software provided by Mollis Group under this Agreement is supplied "as is". In the event that such Software fails to conform to its product description or proves defective in any other material wayoption, the sole obligation of Mollis Group in connection with the supply of such Software is to obtain and supply a corrected version from the manufacturer concerned provided always that the Customer has notified Mollis Group in writing of such defect or non-conformance to product description within 14 days of the date of delivery of the applicable Software. 12.4 Notwithstanding the provisions of any Licence: 12.4.1 unless otherwise agreed by Mollis Group, the Customer may only use Software for the purpose will promptly either: (if any1) specified in the Order Form; 12.4.2 the Customer may not copy, modify or disassemble Software except to the extent as permitted by applicable law and on prior written notice to Mollis Group; 12.4.3 the Customer shall not remove, alter, cover or obliterate any copyright or other proprietary rights notice used on or in connection with Software without the prior written consent of Mollis Group; 12.4.4 the Customer shall not permit any third party use destroy all copies of the Software whether by way of bureauin its possession; or (2) return all such copies to Verizon, timeshare, rental, sub-licence or other service; and 12.4.5 and in either event provide an officer's written certification confirming the Customer shall indemnify and keep Mollis Group fully and effectively indemnified on demand against any liability, damage, expense, claim or cost (including reasonable legal costs and expenses) determined under any final judgement or settlement as a result of any breach by the Customer of this Clause 12 and any of the terms or conditions of the Licencesame. 12.5 Any Documentation which may be supplied by Mollis Group from time to time is supplied “as is” and as provided to Mollis Group by the relevant manufacturer or supplier of Goods or the third party owner or licensor of the Software. Mollis Group makes no representations regarding the Documentation being satisfactory or fit for purpose or otherwise and accepts no liability for defects or errors or otherwise in connection with in the Customer’s use of the Documentation.

Software and Documentation. 12.1 Where Software is provided as part of Goods and/or Services, such Software is supplied under licence of the applicable third party owner or licensor. All proprietary rights in such Software, including title or ownership to the Software, shall remain with the relevant third party owner or licensor of such Software and shall not transfer to the Customer under any circumstances. 12.2 It is the sole responsibility of the Customer to comply with any terms and conditions of any Licence attaching to Software supplied under this Agreement and the Customer is hereby notified that failure to comply with such terms and conditions could result in the Customer being refused a software licence or having the same revoked by the proprietary owner. The Customer’s failure to comply with such terms and conditions shall constitute a material breach of this Agreement. 12.3 All Software provided by Mollis Group under this Agreement is supplied "as is". In the event that such Software fails to conform to its product description or proves defective in any other material way, the sole obligation of Mollis Group in connection with the supply of such Software is to obtain and supply a corrected version from the manufacturer concerned provided always that the Customer has notified Mollis Group in writing of such defect or non-conformance to product description within 14 days of the date of delivery of the applicable Software. 12.4 Notwithstanding the provisions of any Licence: 12.4.1 unless otherwise agreed by Mollis Group, the Customer may only use Software for the purpose (if any) specified in the Order Form; 12.4.2 the Customer may not copy, modify or disassemble Software except to the extent as permitted by applicable law and on prior written notice to Mollis Group; 12.4.3 the Customer shall not remove, alter, cover or obliterate any copyright or other proprietary rights notice used on or in connection with Software without the prior written consent of Mollis Group; 12.4.4 the Customer shall not permit any third party use of the Software whether by way of bureau, timeshare, rental, sub-sub- licence or other service; and 12.4.5 the Customer shall indemnify and keep Mollis Group fully and effectively indemnified on demand against any liability, damage, expense, claim or cost (including reasonable legal costs and expenses) determined under any final judgement or settlement as a result of any breach by the Customer of this Clause 12 and any of the terms or conditions of the Licence. 12.5 Any Documentation which may be supplied by Mollis Group from time to time is supplied “as is” and as provided to Mollis Group by the relevant manufacturer or supplier of Goods or the third party owner or licensor of the Software. Mollis Group makes no representations regarding the Documentation being satisfactory or fit for purpose or otherwise and accepts no liability for defects or errors or otherwise in connection with in the Customer’s use of the Documentation.

Software and Documentation. 12.1 Where Software is provided as part of Goods and/or Services, such Software is supplied under licence of the applicable third party owner or licensor. All proprietary rights in such Software, including title or ownership to the Software, shall remain with the relevant third party owner or licensor of such Software and shall not transfer to the Customer under any circumstances. 12.2 It is the sole responsibility of the Customer to comply with any terms and conditions of any Licence attaching to Software supplied under this Agreement and the Customer is hereby notified that failure to comply with such terms and conditions could result in the Customer being refused a software licence or having the same revoked by the proprietary owner. The Customer’s failure to comply with such terms and conditions shall constitute a material breach of this Agreement. 12.3 All Software provided by Mollis Group Storm under this Agreement is supplied "as is". In the event that such Software fails to conform to its product description or proves defective in any other material way, the sole obligation of Mollis Group Storm in connection with the supply of such Software is to obtain and supply a corrected version from the manufacturer concerned provided always that the Customer has notified Mollis Group Storm in writing of such defect or non-conformance to product description within 14 days of the date of delivery of the applicable Software. 12.4 Notwithstanding the provisions of any Licence: 12.4.1 unless otherwise agreed by Mollis Group▇▇▇▇▇, the Customer may only use Software for the purpose (if any) specified in the Order Form; 12.4.2 the Customer may not copy, modify or disassemble Software except to the extent as permitted by applicable law and on prior written notice to Mollis GroupStorm; 12.4.3 the Customer shall not remove, alter, cover or obliterate any copyright or other proprietary rights notice used on or in connection with Software without the prior written consent of Mollis GroupStorm; 12.4.4 the Customer shall not permit any third party use of the Software whether by way of bureau, timesharetime- share, rental, sub-licence or other service; and 12.4.5 the Customer shall indemnify and keep Mollis Group Storm fully and effectively indemnified on demand against any liability, damage, expense, claim or cost (including reasonable legal costs and expenses) determined under any final judgement or settlement as a result of any breach by the Customer of this Clause 12 and any of the terms or conditions of the Licence. 12.5 Any Documentation which may be supplied by Mollis Group Storm from time to time is supplied “as is” and as provided to Mollis Group Storm by the relevant manufacturer or supplier of Goods or the third party owner or licensor of the Software. Mollis Group Storm makes no representations regarding the Documentation being satisfactory or fit for purpose or otherwise and accepts no liability for defects or errors or otherwise in connection with in the Customer’s use of the Documentation.