Common use of Software Title Clause in Contracts

Software Title. No title to or ownership of the Software or any of its parts, the information it contains or in any applicable rights therein, such as patents, copyrights and trade secrets, is transferred to Customer. Any reference to “sale”, “purchase” or “subscrip- tion” of the Software shall be deemed to mean, “License on the terms contained in this Agreement.” Enghouse considers the information contained in the Enghouse Software owned or created by Enghouse to be trade secrets of Enghouse and any third-party software licenses which Enghouse may resell to Customer to be trade secrets of such third-party licensor. Customer agrees to treat Software as Confidential Informa- tion and shall use the same degree of care used by Customer to protect its own Confidential Information. Except as set forth herein, or as may be permitted in writing by Enghouse, Customer will not provide, transmit or otherwise make available, the Software or any part or copy thereof to any third party, reverse engineer, reverse compile or reverse assemble the Software in whole or in part, or attempt to derive the source code, modify, adapt, translate, or create derivative works of the Software or any updates or any part thereof. Notwithstanding the previous sentence, Customer may configure Software to meet Customer’s needs and Customer preferences. 1.3. Restrictions Customer may not publish, display, disclose, sell, rent, lease, loan, or distribute the Software, or any part thereof. Customer may not assign, sublicense, convey or otherwise transfer, pledge as security or otherwise encumber the rights and licenses granted hereunder with respect to the Soft- ware. Customer may not market, co-brand, private label or otherwise permit third parties to link to the Software, or any part thereof. Customer may not use the Software, or any part thereof, in the operation of a service bureau or for the benefit of any other person or entity. Customer may not cause, assist or permit any third party to do any of the foregoing.

Software Title. No title to or ownership of the Software or any of its parts, the information it contains or in any applicable rights therein, such as patents, copyrights and trade secrets, is transferred to Customer. Any reference to “sale”, “purchase” or “subscrip- tionsubscription” of the Software shall be deemed to mean, “License on the terms contained in this Agreement.” Enghouse considers the information contained in the Enghouse Software owned or created by Enghouse to be trade secrets of Enghouse and any third-party software licenses which Enghouse may resell to Customer to be trade secrets of such third-party licensor. Customer agrees to treat Software as Confidential Informa- tion Information and shall use the same degree of care used by Customer to protect its own Confidential Information. Except as set forth herein, or as may be permitted in writing by Enghouse, Customer will not provide, transmit or otherwise make available, the Software or any part or copy thereof to any third party, reverse engineer, reverse compile or reverse assemble the Software in whole or in part, or attempt to derive the source code, modify, adapt, translate, or create derivative works of the Software or any updates or any part thereof. Notwithstanding the previous sentence, Customer may configure Software to meet Customer’s needs and Customer preferences. 1.3. Restrictions Customer may not publish, display, disclose, sell, rent, lease, loan, or distribute the Software, or any part thereof. Customer may not assign, sublicense, convey or otherwise transfer, pledge as security or otherwise encumber the rights and licenses granted hereunder with respect to the Soft- wareSoftware. Customer may not market, co-brand, private label or otherwise permit third parties to link to the Software, or any part thereof. Customer may not use the Software, or any part thereof, in the operation of a service bureau or for the benefit of any other person or entity. Customer may not cause, assist or permit any third party to do any of the foregoing.