Common use of Source Code License Clause in Contracts

Source Code License. This section is applicable only to LICENSED SOFTWARE distributed with source code. You may modify the source code for your own needs as part of a non-competing compiled solution but may not redistribute it in non-compiled form. Source code is subject to the following conditions: ▪ PATAGAMES shall retain all rights, title and interest in and to all corrections, modifications and derivative works of the source code created by you, including all copyrights subsisting therein, to the extent such corrections, modifications or derivative works contain copyrightable code or expression derived from the source code; ▪ You also agree to acknowledge and deliver to PATAGAMES all related information for said corrections, modifications, or derivatives; ▪ You may not distribute or disclose the source code, or any portions or modifications or derivative works thereof, to any third party, in source code form; ▪ You acknowledge that the source code contains valuable and proprietary trade secrets of PATAGAMES, and is disclosed pursuant to this license subject to the agreement of the LICENSEE to treat it as “Confidential Information”. LICENSEE warrants that it applies reasonable safeguards against the unauthorized disclosure of Confidential Information and agrees to advise all of its employees having access to Confidential Information of the obligations hereunder and shall be not used save as set out in this agreement nor be copied or distributed, disclosed or disseminated in any way or form by the receiving party to anyone except its own advisers and employees, who have a reasonable need to know said Confidential Information.; The LICENSEE agrees that money damages wouldn’t be a sufficient remedy for any breach of this term and PATAGAMES may be entitled to seek injunction or other equitable relief to remedy or prevent any breach or threatened breach of this clause. Such remedy shall not be the exclusive remedy for any breach of this clause, but shall be in addition to all other rights and remedies available at law or in equity; ▪ If you distribute a compiled version of the corrected source code or portions thereof, you must distribute it in accordance with the conditions listed in section regarding the distribution of Redistributable Files; ▪ You understand and acknowledge that source code is licensed as is, and that PATAGAMES does not provide any technical support for source code; • To use the LICENSED SOFTWARE LICENSEE need to purchase an appropriate license from PATAGAMES for LICENSEE that covers the requisite number of AUTHORIZED USER and DEVELOPED SOFTWARE. • An AUTHORIZED USER can install the LICENSED SOFTWARE on only one computer. • For the sake of flexibility, the licenses permit the AUTHORIZED USER to install the LICENSED SOFTWARE on a laptop computer that the AUTHORIZED USER uses if the original installation was on a desktop. Similarly, if the original installation was on a laptop, the AUTHORIZED USER can install and use the LICENSED SOFTWARE on desktop computer that the AUTHORIZED USER uses. However, the AUTHORIZED USER should not install the LICENSED SOFTWARE on two desktop computers or two laptop computers. • The AUTHORIZED USER can "move" the installation to another computer by first uninstalling the LICENSED SOFTWARE on the original computer and permanently removing any traces of its existence on that computer and then installing the LICENSED SOFTWARE on the other computer.

Appears in 2 contracts

Sources: Software License Agreement, Software License Agreement

Source Code License. This section is applicable only to LICENSED SOFTWARE distributed with source code. You may modify 4.7.1 If the source code for your own needs as part of a non-competing compiled solution but may not redistribute it in non-compiled form. Source code is subject to the following conditions: ▪ PATAGAMES shall retain all rights, title and interest in and to all corrections, modifications and derivative works of the source code created by you, including all copyrights subsisting therein, to the extent such corrections, modifications Licensee receives hereunder contained Software modules or derivative works contain copyrightable code or expression derived from the source code; ▪ You also agree to acknowledge and deliver to PATAGAMES all related information for said corrections, modifications, or derivatives; ▪ You may not distribute or disclose the source code, or any portions or modifications or derivative works thereof, to any third party, components in source code form; ▪ You acknowledge that format, the source code contains valuable and proprietary trade secrets of PATAGAMESfollowing shall apply to such Software Source Code, and is disclosed pursuant to this license subject to the agreement of the LICENSEE to treat it as “Confidential Information”. LICENSEE warrants that it applies reasonable safeguards against the unauthorized disclosure of Confidential Information and agrees to advise all of its employees having access to Confidential Information of the obligations hereunder and shall be not used save as set out in this agreement nor be copied or distributed, disclosed or disseminated in any way or form by the receiving party to anyone except its own advisers and employees, who have a reasonable need to know said Confidential Information.; The LICENSEE agrees that money damages wouldn’t be a sufficient remedy for any breach of this term and PATAGAMES may be entitled to seek injunction or other equitable relief to remedy or prevent any breach or threatened breach of this clause. Such remedy shall not be the exclusive remedy for any breach of this clause, but shall be in addition to all other rights provisions of this Agreement: IAR hereby grants to the Licensee a personal, non-transferable and remedies available at law non-exclusive license to reproduce, make derivate works of, and use such Software Source Code only in conjunction with the Product and the Software Source Code or in equity; ▪ If you distribute a any derivative works thereof. The Software Source Code may only be compiled version of the corrected source code or portions thereofand linked with products from IAR, you must distribute it and only in accordance with the conditions listed provisions on such use set out in section regarding the distribution Documentation and/or this Agreement. The Licensee is strictly prohibited to make any other use of Redistributable Files; ▪ You understand the Software Source Code. Any breach of this Section 4.7 shall be considered a material breach of this Agreement. 4.7.2 THE LICENSEE ACKNOWLEDGES THAT THE SOFTWARE SOURCE CODE EMBEDS COPYRIGHTED AND PROPRIETY INFORMATION OF IAR, AND THAT MAKING SOFTWARE SOURCE CODE ACCESSIBLE TO OTHERS OUTSIDE THE SCOPE OF THIS AGREEMENT, BY THE NATURE OF SOURCE CODE, MAY SEVERELY DAMAGE THE INTELLECTUAL PROPERTY RIGHTS OF IAR, AND LICENSEE AGREES TO COMPENSATE IAR FOR ALL DAMAGE RESULTING FROM SUCH BREACH, THAT CAN BE REASONABLY SUBSTANTIATED BY IAR. 4.7.3 The Licensee shall keep the Software Source Code strictly confidential and acknowledge that source code is licensed shall not (except as isexplicitly permitted by IAR) disclose it to anyone without the prior written consent of IAR, including in accordance with Section 6. The Licensee shall protect the Software Source Code from unauthorized access with sufficient and adequate measures. In case of any leakage or disclosure of Software Source Code, the Licensee shall promptly notify IAR in order to seek appropriate action or remedy, and that PATAGAMES does not provide shall co-operate, and shall cause any technical support for source code; • To use affected representatives to co-operate, regarding any action which IAR may decide to take in order to limit the LICENSED SOFTWARE LICENSEE need to purchase an appropriate license from PATAGAMES for LICENSEE that covers effects of the requisite number of AUTHORIZED USER and DEVELOPED SOFTWARE. • An AUTHORIZED USER can install the LICENSED SOFTWARE on only one computer. • leakage. 4.7.4 For the sake of flexibilityProducts Embedded Trust, Embedded Secure IP and Secure Deploy - Prototyping, the licenses permit the AUTHORIZED USER following shall apply, in addition to install the LICENSED SOFTWARE on a laptop computer that the AUTHORIZED USER uses if the original installation was on a desktop. Similarly, if the original installation was on a laptopall other provisions of this Agreement: Notwithstanding what is set out in 4.7.1, the AUTHORIZED USER can install Software Source Code may be compiled and use the LICENSED SOFTWARE on desktop computer that the AUTHORIZED USER uses. Howeverlinked also with other products than those from IAR, the AUTHORIZED USER should not install the LICENSED SOFTWARE on two desktop computers or two laptop computers. • The AUTHORIZED USER can "move" the installation to another computer by first uninstalling the LICENSED SOFTWARE on the original computer and permanently removing any traces of its existence on that computer and then installing the LICENSED SOFTWARE on the other computerconditions set out in clause this clause 4.

Appears in 1 contract

Sources: Software License Agreement

Source Code License. This section is applicable only to LICENSED SOFTWARE distributed with source code. You may modify If the source code for your own needs as part of a non-competing compiled solution but may not redistribute it in non-compiled form. Source code is subject to the following conditions: ▪ PATAGAMES shall retain all rights, title and interest in and to all corrections, modifications and derivative works of the source code created by you, including all copyrights subsisting therein, to the extent such corrections, modifications Licensee receives hereunder contained Software modules or derivative works contain copyrightable code or expression derived from the source code; ▪ You also agree to acknowledge and deliver to PATAGAMES all related information for said corrections, modifications, or derivatives; ▪ You may not distribute or disclose the source code, or any portions or modifications or derivative works thereof, to any third party, components in source code form; ▪ You acknowledge that format ("Software Source Code"), the source code contains valuable and proprietary trade secrets of PATAGAMESfollowing shall apply to such Software Source Code, and is disclosed pursuant to this license subject to the agreement of the LICENSEE to treat it as “Confidential Information”. LICENSEE warrants that it applies reasonable safeguards against the unauthorized disclosure of Confidential Information and agrees to advise all of its employees having access to Confidential Information of the obligations hereunder and shall be not used save as set out in this agreement nor be copied or distributed, disclosed or disseminated in any way or form by the receiving party to anyone except its own advisers and employees, who have a reasonable need to know said Confidential Information.; The LICENSEE agrees that money damages wouldn’t be a sufficient remedy for any breach of this term and PATAGAMES may be entitled to seek injunction or other equitable relief to remedy or prevent any breach or threatened breach of this clause. Such remedy shall not be the exclusive remedy for any breach of this clause, but shall be in addition to all other rights provisions of this Agreement: IAR Systems hereby grants to the Licensee a personal, non-transferable and remedies available at law non- exclusive license to reproduce, make derivate works of, and use such Software Source Code only in conjunction with the Product and the Software Source Code or in equity; ▪ If you distribute a any derivative works thereof. The Software Source Code may only be compiled version of the corrected source code or portions thereofand linked with products from IAR Systems, you must distribute it and only in accordance with the conditions listed provisions on such use set out in the Documentation and/or this Agreement. The Licensee is strictly prohibited to make any other use of the Software Source Code. Any breach of this section 3.12 shall be considered a material breach of this Agreement. THE LICENSEE ACKNOWLEDGES THAT THE SOFTWARE SOURCE CODE EMBEDS COPYRIGHTED AND PROPRIETY INFORMATION OF IAR SYSTEMS, AND THAT MAKING SOFTWARE SOURCE CODE ACCESSIBLE TO OTHERS OUTSIDE THE SCOPE OF THIS AGREEMENT, BY THE NATURE OF SOURCE CODE, MAY SEVERELY DAMAGE THE INTELLECTUAL PROPERTY RIGHTS OF IAR SYSTEMS, AND AGREES TO COMPENSATE IAR FOR ALL DAMAGE RESULTING FROM SUCH BREACH, THAT CAN BE REASONABLY SUBSTANTIATED BY IAR. The Licensee shall keep and protect the Software Source Code with at least the same degree of care as the Licensee protects its own proprietary source code, as further specified in section regarding 5. 3.12.a For the distribution Products Embedded Trust, Embedded Secure IP and Secure Deploy - Prototypingr, the following shall apply, in addition to all other provisions of Redistributable Files; ▪ You understand this Agreement: Notwithstanding what is set out in 3.12, the Software Source Code may be compiled and acknowledge linked also with other products than those from IAR Systems, on the conditions set out in clause this clause 3.12. a. Any such compilation and linkage may only be made in accordance with the provisions on such use set out in the Documentation and/or this Agreement. The Licensee may transfer derivate works of the Source Code in object code form, made pursuant to this clause 3.12.a, for the intended use on: (i) an IAR Systems hardware product and/or (ii) third party hardware provisioned using Secure Deploy - Prototyping, all provided that source code is licensed as isthe end user agrees to be bound by the terms in this Agreement for the transfer, redistribution and/or use of such object code, or any copies or derivative works made thereof, and provided that PATAGAMES does not provide any technical support for source code; • To use the LICENSED SOFTWARE LICENSEE need all proprietary markings and notices are maintained unchanged. All other aspects of 3.12 to purchase an appropriate license from PATAGAMES for LICENSEE that covers the requisite number apply unchanged. Any breach of AUTHORIZED USER and DEVELOPED SOFTWARE. • An AUTHORIZED USER can install the LICENSED SOFTWARE on only one computer. • For the sake this section 3.12 a shall be considered a material breach of flexibility, the licenses permit the AUTHORIZED USER to install the LICENSED SOFTWARE on a laptop computer that the AUTHORIZED USER uses if the original installation was on a desktop. Similarly, if the original installation was on a laptop, the AUTHORIZED USER can install and use the LICENSED SOFTWARE on desktop computer that the AUTHORIZED USER uses. However, the AUTHORIZED USER should not install the LICENSED SOFTWARE on two desktop computers or two laptop computers. • The AUTHORIZED USER can "move" the installation to another computer by first uninstalling the LICENSED SOFTWARE on the original computer and permanently removing any traces of its existence on that computer and then installing the LICENSED SOFTWARE on the other computerthis Agreement.

Appears in 1 contract

Sources: Software License Agreement