Common use of Ownership and Restrictions Clause in Contracts

Ownership and Restrictions. You retain all ownership and intellectual property rights in and to your data. SkillsTX or its licensors retain all ownership and intellectual property rights to the services and SkillsTX programs. SkillsTX retains all ownership and intellectual property rights to anything developed and delivered under the agreement. Third party technology that may be appropriate or necessary for use with some SkillsTX programs is specified in the architecture documentation as applicable. Your right to use such third party technology is governed by the terms of the third party technology licence agreement specified by SkillsTX and not under the agreement. You may not: • remove or modify any program markings or any notice of SkillsTX’s or its licensors’ proprietary rights; • make the programs or materials resulting from the services available in any manner to any third party for use in the third party’s business operations (unless such access is expressly permitted for the specific program licence or materials from the services you have acquired); • modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the services (the foregoing prohibition includes but is not limited to review of data structures or similar materials produced by programs), or access or use the services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to SkillsTX; • disclose results of any services or program benchmark tests without SkillsTX’s prior written consent; nor • license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the services, SkillsTX programs or materials available, to any third party other than as expressly permitted under the terms of the agreement. The rights granted to you under the agreement are also conditioned on the following: • the rights of any user licensed to use the services (e.g., on a “named user” basis) cannot be shared or used by more than one individual (unless such licence is reassigned in its entirety to another authorised user, in which case the prior authorised user shall no longer have any right to access or use the licence); • except as expressly provided herein, no part of the services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means; and • you agree to make every reasonable effort to prevent unauthorised third parties from accessing the services.

Appears in 2 contracts

Samples: Software as a Service Agreement, Software as a Service Agreement

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Ownership and Restrictions. You retain all ownership and intellectual property rights in and to your data. SkillsTX Oracle or its licensors retain all ownership and intellectual property rights to the services programs, operating system and SkillsTX programsintegrated software. SkillsTX Oracle or its licensors retains all intellectual property rights to the hardware; title of the hardware is transferred to the Customer upon delivery. Oracle retains all ownership and intellectual property rights to anything developed and delivered under the agreementContract resulting from services. Third party technology that may be contained in or appropriate or necessary for use with some SkillsTX programs programs, operating systems and integrated software is specified in the architecture documentation as applicablerelated documentation, notice files or readme files. Your right to use such Such third party technology is governed by licensed to you either under the terms of the Contract, including this Appendix D or, if specified in the documentation, readme files or notice files, under separate terms. Your rights to use separately licensed third party technology licence agreement specified under separate terms are not restricted in any way by SkillsTX the Contract, including this Appendix D. However, for clarity, notwithstanding the existence of a notice, third party technology that is not separately licensed third party technology shall be deemed part of the programs and not is licensed to you under the agreementterms of the Contract, including this Appendix D. Any source code delivered is subject to the terms of the Contract, including this Appendix D, the Order Form and the related documentation. You may: • make a sufficient number of copies of each program for your licensed use and one (1) copy of each program media; or • make a sufficient number of copies of the operating system, integrated software and/or Integrated software options solely for archival purposes, to replace defective copies or verification You may not: • remove or modify any program markings or any notice of SkillsTX’s Oracle's or its licensors' proprietary rightsrights from the programs, operating system, integrated software or Integrated software options; • make the programs or materials resulting from the services available in any manner to any third party for use in the third party’s 's business operations (unless such access is expressly permitted for the specific program licence license or materials from the services you have acquired); • modifycause or permit reverse engineering (unless required by law for interoperability), make derivative works of, disassemble, reverse compile, disassembly or reverse engineer any part decompilation of the services programs (the foregoing prohibition includes but is not limited to review of data structures or similar materials produced by programs), operating system, integrated software and/or Integrated software options; or access or use the services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to SkillsTX; • disclose results of any services or program benchmark tests without SkillsTX’s Oracle's prior written consent; nor • license, sellexcept as required by applicable law, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the services, SkillsTX programs or materials available, provided that you give Oracle prior notice and an opportunity to any third party other than as expressly permitted under the terms of the agreement. The rights granted to you under the agreement are also conditioned on the following: • the rights of any user licensed to use the services (e.g., on a “named user” basis) cannot be shared or used by more than one individual oppose such disclosure (unless such licence is reassigned in its entirety to another authorised user, in which case the prior authorised user shall no longer have any right to access or use the licenceprohibited by law); • except as expressly provided herein, no part of the services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means; and • you agree to make every reasonable effort to prevent unauthorised third parties from accessing the services.

Appears in 2 contracts

Samples: Number, License Agreement

Ownership and Restrictions. You retain all ownership and intellectual property rights in and to your data. SkillsTX Ion Channel or its licensors retain all ownership and intellectual property rights to the services and SkillsTX Ion Channel programs. SkillsTX Ion Channel retains all ownership and intellectual property rights to anything developed and delivered under the agreement. Third party technology that may be appropriate or necessary for use with some SkillsTX Ion Channel programs is specified in the architecture program documentation or ordering document as applicable. Your right to use such third party technology is governed by the terms of the third party technology licence license agreement specified by SkillsTX Ion Channel and not under the agreement. You may not: • remove or modify any program markings or any notice of SkillsTXIon Channel’s or its licensors’ proprietary rights; • make the programs or materials resulting from the services available in any manner to any third party for use in the third party’s business operations (unless such access is expressly permitted for the specific program licence license or materials from the services you have acquired); • modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the services (the foregoing prohibition includes but is not limited to review of data structures or similar materials produced by programs), or access or use the services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to SkillsTXIon Channel; • disclose results of any services or program benchmark tests without SkillsTX’s prior written consent; nor and • license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the services, SkillsTX Ion Channel programs or materials available, to any third party other than than, as expressly permitted under the terms of the agreement. The rights granted to you under the agreement are also conditioned on the following: • the rights of any user licensed to use the services (e.g., on a “named user” basis) cannot be shared or used by more than one individual (unless such licence is reassigned in its entirety to another authorised user, in which case the prior authorised user shall no longer have any right to access or use the licence); • except as expressly provided herein, no part of the services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means; and • you agree to make every reasonable effort to prevent unauthorised unauthorized third parties from accessing the services.

Appears in 2 contracts

Samples: Service Agreement, Service Agreement

Ownership and Restrictions. For the duration of the Trial Period, you have the nonexclusive, nontransferable, non-assignable, limited right to use the NEUTRINOS PLATFORM, subject to the terms of this agreement, and solely for your internal business purposes with fair usage policy to evaluate NEUTRNOS PLATFORM offering and not for any production or commercial purposes. You retain all ownership may allow your users to use the PLATFORM for this purpose and intellectual property rights in and you are responsible for your users’ compliance with this agreement. Upon the end of this agreement or the services hereunder, your right to your dataaccess or use the PLATFORM shall terminate. SkillsTX NEUTRINOS or its licensors retain all ownership and intellectual property rights to the services and SkillsTX NEUTRINOS programs. SkillsTX retains all ownership , including derivative works thereof, and intellectual property rights to anything developed and delivered by NEUTRINOS under the agreement. Third party technology that may be appropriate or necessary for use with some SkillsTX programs is specified in the architecture documentation as applicable. Your right to use such third party technology is governed by the terms of the third party technology licence agreement specified by SkillsTX and not under the this agreement. You may not, and may not cause or permit others to: remove or modify any program or services markings or any notice of SkillsTXNEUTRINOS’s or its licensors’ proprietary rights; make the PLATFORM offering, including any NEUTRINOS programs or materials resulting from the services to which you are provided access, available in any manner to any third party for use in the third party’s business operations (unless such access is expressly permitted for the specific program licence or materials from the services you have acquired); modify, make derivative works of, disassemble, reverse compile, reverse engineer, reproduce, distribute, republish or reverse engineer download any part of the services (the foregoing prohibition includes prohibitions include but is are not limited to review of data structures or similar materials produced by NEUTRINOS programs), or access or use the PLATOFRM SOFTWARE or services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to SkillsTXNEUTRINOS; disclose results of any benchmark tests or performance tests of the services or program benchmark tests NEUTRINOS programs without SkillsTXNEUTRINOS’s prior written consent; nor •  perform or disclose any of the following security testing of the PLATFORM SOFTWARE and Services Environment or associated infrastructure: network discovery, port and service identification, vulnerability scanning, password cracking, remote access testing, or penetration testing; and  license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the NEUTRINOS PLATFORM offering and any services, SkillsTX NEUTRINOS programs or materials available, to any third party other than as expressly permitted under party. USER ACCOUNTS To use the terms NEUTRINOS PLATFORM SOFTWARE trial license, you must have a NEUTRINOS PLATFORM trial account. Access to and use of password protected or secure areas of the agreementTrial software is restricted to authorized users only. The rights granted You may not share your password(s), account information, or access to the Trial software. By federating or otherwise associating your and your users’ Single Sign-On with NEUTRINOS, you accept responsibility for timely and proper termination of user records in your local (intranet) identity infrastructure and on your local computers. NEUTRINOS is not liable for any harm caused by users, including individuals who were not authorized to have access to the services but who were able to gain access because usernames, passwords or accounts were not terminated on a timely basis in your local identity management infrastructure or your local computers. You are responsible for all activities that occur under your and your users’ passwords or accounts or as a result of your or your users’ access to the agreement are also conditioned on the following: • the rights Trial site or software and agree to notify NEUTRINOS immediately of any user licensed to use the services (e.g., on a “named user” basis) cannot be shared or used by more than one individual (unless such licence is reassigned in its entirety to another authorised user, in which case the prior authorised user shall no longer have any right to access or use the licence); • except as expressly provided herein, no part of the services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means; and • you unauthorized use. You agree to make every reasonable effort to prevent unauthorised unauthorized third parties from accessing the servicesTrial.

Appears in 1 contract

Samples: Trial License Agreement

Ownership and Restrictions. You retain all ownership and intellectual property rights in and to your data. SkillsTX Standpoint or its licensors retain all ownership and intellectual property rights to the services and SkillsTX FieldServio programs. SkillsTX Standpoint retains all ownership and intellectual property rights to anything developed and delivered under the agreement. Third Third-party technology that may be appropriate or necessary for use with some SkillsTX FieldServio programs is specified in the architecture program documentation or ordering document as applicable. Your right to use such third third-party technology is governed by the terms of the third third-party technology licence license agreement specified by SkillsTX Standpoint and not under the agreement. You may not: • remove or modify any program markings or any notice of SkillsTXStandpoint’s or its licensors’ proprietary rights; . • make the programs or materials resulting from the services available in any manner to any third third-party for use in the third third-party’s business operations (unless such access is expressly permitted for the specific program licence license or materials from the services you have acquired); . • modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the services (the foregoing prohibition includes but is not limited to review of data structures or similar materials produced by programs), or access or use the services in order to build or support, and/or assist a third third-party in building or supporting, products or services competitive to SkillsTXFieldServio programs; • disclose results of any services or program benchmark tests without SkillsTXStandpoint’s prior written consent; nor and • license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the services, SkillsTX FieldServio programs or materials available, to any third third-party other than than, as expressly permitted under the terms of the agreement. The rights granted to you under the agreement are also conditioned on the following: • the rights of any user licensed to use the services (e.g., on a “named user” basis) cannot be shared or used by more than one individual (unless such licence license is reassigned in its entirety to another authorised authorized user, in which case the prior authorised authorized user shall no longer have any right to access or use the licencelicense); • except as expressly provided herein, no part of the services may be copied, reproduced, distributed, republished, downloaded, displayed, posted posted, or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means; and • you You agree to make every reasonable effort to prevent unauthorised unauthorized third parties from accessing the services.

Appears in 1 contract

Samples: Service Agreement

Ownership and Restrictions. You All rights not expressly granted under this Agreement are reserved by Singlewire, its licensors, service providers and suppliers (as applicable). Customer acknowledges that Singlewire and its licensors, service providers and suppliers (as applicable) retain all ownership right, title and interest in and to the Service and the Singlewire Materials, including all of their related intellectual property rights. Customer acknowledges and agrees that it does not acquire any right, title or interest in or to any of the Service or the Singlewire Materials or any intellectual property rights in therein, except the right to use them pursuant to the terms and to your dataconditions of this Agreement. SkillsTX Customer acknowledges and agrees that portions of the Service and Singlewire Materials, including without limitation any underlying source code, constitute or contain trade secrets of Singlewire or its licensors retain all ownership and intellectual property rights to the services and SkillsTX programs. SkillsTX retains all ownership and intellectual property rights to anything developed and delivered under the agreement. Third party technology that may be appropriate licensors, service providers or necessary for use with some SkillsTX programs is specified in the architecture documentation suppliers, as applicable. Your right to use such third Customer shall not, and shall not permit any other party technology is governed by the terms of the third party technology licence agreement specified by SkillsTX and not under the agreement. You may not: • remove or modify any program markings or any notice of SkillsTX’s or its licensors’ proprietary rights; • make the programs or materials resulting from the services available in any manner to any third party for use in the third party’s business operations (unless such access is expressly permitted for the specific program licence or materials from the services you have acquired); • modifyto, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the services (the foregoing prohibition includes but is not limited to review of data structures or similar materials produced by programs), or access or use the services Service or Singlewire Materials except as expressly permitted in order this Agreement. Without limiting the generality of the foregoing, Customer and Users shall not, and shall not assist or permit any other party to: (a) make the Service or Singlewire Materials available to, or use any Service or Singlewire Materials for the benefit of, anyone other than Customer or Users; (b) copy, modify or make derivatives or improvements of the Service or the Singlewire Materials; (c) use the Service or Singlewire Materials to build store or supporttransmit Harmful Code or any infringing, and/or assist a third defamatory, libelous, obscene, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party in building privacy rights or supportingother rights; (d) disassemble, products reverse engineer, decompile, translate or services competitive attempt to SkillsTXreconstruct or discover any source code or underlying ideas, algorithms, file formats or programming or interoperability interfaces of the Service or Singlewire Materials (to the extent this restriction is permitted by law); • disclose results of any services or program benchmark tests without SkillsTX’s prior written consent; nor • license, (e) sell, rentassign, transfer, sublicense, lease, transfer, assignpledge, distribute, displayrent or otherwise share Customer’s rights under this Agreement, host, outsource, disclose, permit timesharing or include any Service or Singlewire Materials in a service bureau useor outsourcing offering; (f) modify, obscure or otherwise commercially exploit remove any product identification or make proprietary notices on the servicesService or Singlewire Materials; (g) modify or incorporate the Service or Singlewire Materials into or with other software, SkillsTX programs or materials available, to any third party other than as expressly permitted under (h) interfere with the terms operation of the agreement. The Service; (i) bypass, breach or disable any usage limit, security device, copy control or digital rights granted to you under management tool or other protection used in the agreement are also conditioned on the following: • the rights of any user licensed to use the services Service and Singlewire Materials; (e.g., on a “named user” basisj) cannot be shared or used by more than one individual (unless such licence is reassigned in its entirety to another authorised user, in which case the prior authorised user shall no longer have any right to access or use the licenceService or Singlewire Materials for the purposes of benchmarking or competitive analysis, or developing any competitive product or service; (k) interfere with the operation of the Service; or (l) use the Service or Singlewire Materials in violation of any applicable law, regulation or rule. In the event Singlewire’s service providers or suppliers impose restrictions or limitations on Singlewire with respect to the type, nature or content of Notifications which can be sent through Singlewire Technology, Customer agrees to be bound by the same upon Singlewire’s notice to Customer. If Customer becomes aware of any actual or threatened activity prohibited by the preceding paragraph, Customer shall, and shall cause all applicable Users to, immediately: (y) take all reasonable and lawful measures within their respective control that are necessary to stop the activity or threatened activity and to mitigate its effects (including, where applicable, by discontinuing and preventing any unauthorized access to the Service and Singlewire Materials and permanently erasing from their systems and destroying any data to which any of them have gained unauthorized access); • except as expressly provided herein, no part and (z) notify Singlewire of the services may be copied, reproduced, distributed, republished, downloaded, displayed, posted any such actual or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means; and • you agree to make every reasonable effort to prevent unauthorised third parties from accessing the servicesthreatened activity.

Appears in 1 contract

Samples: Subscription Agreement

Ownership and Restrictions. You retain The Customer retains all ownership and intellectual property rights in and to your of Customer data. SkillsTX CLS or its licensors retain all ownership and intellectual property rights to the services Services and SkillsTX programsthe Centric Learning System. SkillsTX CLS retains all ownership and intellectual property rights to anything developed and delivered under the agreementAgreement. Third party technology that may be appropriate or necessary for use with some SkillsTX programs the Centric Learning System is specified in the architecture program documentation or service Agreement as applicable. Your The Customer’s right to use such third third-party technology is governed by the terms of the third third-party technology licence license agreement specified by SkillsTX CLS and not under the agreementAgreement. You The Customer may not: • remove □ Remove or modify any program markings or any notice of SkillsTXCLS’s or its licensors’ proprietary rights; make the programs or materials resulting from the services Services available in any manner to any third party for use in the third party’s business operations (unless such access is expressly permitted for the specific program licence license or materials from the services you have Services the Customer has acquired); • modify□ Modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the services Services (the foregoing prohibition includes but is not limited to review of data structures or similar materials produced by programs), or access or use the services in order Services to build or support, and/or assist a third party in building or supporting, products or services Services competitive to SkillsTXCentric Learning Systems; • disclose □ Disclose results of any services Services or program benchmark tests without SkillsTX’s CLS prior written consent; nor • and license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the servicesServices, SkillsTX programs Centric Learning System or materials available, to any third party other than than, as expressly permitted under the terms of the agreementAgreement. The rights granted to you the Customer under the agreement Agreement are also conditioned on the following: • the □ The rights of any user licensed to use the services Services (e.g., on a “named user” basis) cannot be shared or used by more than one individual (unless such licence license is reassigned in its entirety to another authorised authorized user, in which case the prior authorised authorized user shall no longer have any right to access or use the licence); • except license) □ Except as expressly provided herein, no part of the services Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means; and • you agree □ The Customer agrees to make every reasonable effort to prevent unauthorised unauthorized third parties from accessing the servicesServices.

Appears in 1 contract

Samples: Cooperative Sales and Software

Ownership and Restrictions. You retain all ownership and intellectual property rights in and to your data. SkillsTX Ion Channel or its licensors retain all ownership and intellectual property rights to the services and SkillsTX Ion Channel programs. SkillsTX Ion Channel retains all ownership and intellectual property rights to anything software and platform enhancements developed and delivered under the agreement. Software Evidence Archive (SEVA) files delivered to the Government shall be delivered with Government Purpose Rights and shall be freely extensible by the Government. The SEVA schema shall be maintained as an open source standard and may be extended by the Government to meet mission needs. Third party technology that may be appropriate or necessary for use with some SkillsTX Ion Channel programs is specified in the architecture program documentation or ordering document as applicable. Your right to use such third party technology is governed by the terms of the third party technology licence license agreement specified by SkillsTX Ion Channel and not under the agreement. You may not: • remove or modify any program markings or any notice of SkillsTXIon Channel’s or its licensors’ proprietary rights; • make the programs or materials resulting from the services available in any manner to any third party for use in the third party’s business operations (unless such access is expressly permitted for the specific program licence license or materials from the services you have acquired); • modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the services (the foregoing prohibition includes but is not limited to review of data structures or similar materials produced by programs), or access or use the services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to SkillsTXIon Channel; • disclose results of any services or program benchmark tests without SkillsTX’s prior written consent; nor and • license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the services, SkillsTX Ion Channel programs or materials available, to any third party other than than, as expressly permitted under the terms of the agreement. The rights granted to you under the agreement are also conditioned on the following: • the rights of any user licensed to use the services (e.g., on a “named user” basis) cannot be shared or used by more than one individual (unless such licence is reassigned in its entirety to another authorised user, in which case the prior authorised user shall no longer have any right to access or use the licence); • except as expressly provided herein, no part of the services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means; and • you agree to make every reasonable effort to prevent unauthorised unauthorized third parties from accessing the services.

Appears in 1 contract

Samples: Service Agreement

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Ownership and Restrictions. You retain all ownership and intellectual property rights in and to your data. SkillsTX Astro or its licensors retain all ownership and intellectual property rights to the services Services and SkillsTX Astro programs. SkillsTX Astro retains all ownership and intellectual property rights to anything developed and delivered under the agreementthis Agreement. Third party technology that may be appropriate or necessary for use with some SkillsTX Astro programs is specified in the architecture program documentation or Order Form as applicable. Your right to use such third party technology is governed by the terms of the third party technology licence license agreement specified by SkillsTX Astro and not under the agreementthis Agreement. You may not: • remove or modify any program markings or any notice of SkillsTXAstro’s or its licensors’ proprietary rights; • make the programs or materials resulting from the services Services available in any manner to any third party for use in the third party’s business operations (unless such access is expressly permitted for the specific program licence license or materials from the services Services you have acquired); • modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the services Services (the foregoing prohibition includes but is not limited to review of data structures or similar materials produced by programs), or access or use the services Services in order to build or supportsup- port, and/or assist a third party in building or supporting, products or services competitive to SkillsTXAs- tro; • disclose results of any services or program benchmark tests without SkillsTXAstro’s prior written consentcon- sent; nor and • license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the servicesServices, SkillsTX Astro programs or materials available, to any third party other than than, as expressly permitted under the terms of the agreementthis Agreement. The rights granted to you under the agreement this Agreement are also conditioned on the following: • the rights of any user licensed to use the services Services (e.g., on a “named user” basis) cannot be shared or used by more than one individual (unless such licence license is reassigned in its entirety to another authorised an- other authorized user, in which case the prior authorised authorized user shall no longer have any right to access ac- cess or use the licencelicense); • except as expressly provided hereinin this Agreement, no part of the services Services may be copied, reproducedrepro- duced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means; and • you agree to make every reasonable effort to prevent unauthorised unauthorized third parties from accessing the servicesServices.

Appears in 1 contract

Samples: Brokerage Subscription and License Agreement

Ownership and Restrictions. You retain all ownership and intellectual property rights in and to your data. SkillsTX ABM or its licensors retain all ownership and intellectual property rights to the services and SkillsTX ABM programs. SkillsTX ABM retains all ownership and intellectual property rights to anything developed and delivered under the agreement. Third party technology that may be appropriate or necessary for use with some SkillsTX ABM programs is specified in the architecture program documentation or ordering document as applicable. Your right to use such third party technology is governed by the terms of the third party technology licence license agreement specified by SkillsTX ABM and not under the agreement. You may not: o remove or modify any program markings or any notice of SkillsTXABM ’s or its licensors’ proprietary rights; o make the programs or materials resulting from the services available in any manner to any third party for use in the third party’s business operations (unless such access is expressly permitted for the specific program licence license or materials from the services you have acquired); o modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the services (the foregoing prohibition includes but is not limited to review of data structures or similar materials produced by programs), or access or use the services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to SkillsTXABM ; o disclose results of any services or program benchmark tests without SkillsTXABM ’s prior written consent; nor • and o license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the services, SkillsTX ABM programs or materials available, to any third party other than than, as expressly permitted under the terms of the agreement. The rights granted to you under the agreement are also conditioned on the following: • the rights of any user licensed to use for usage of the services (e.g., on a “named user” basis) cannot be shared or used by more than one individual (unless such licence user is reassigned in its entirety to another authorised authorized user, in which case the prior authorised authorized user shall no longer have any right to access or use the licenceproduct); • except as expressly provided herein, no part of the services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means; and • you agree to make every reasonable effort to prevent unauthorised unauthorized third parties from accessing the services.

Appears in 1 contract

Samples: Abm Software and Services End User Agreement

Ownership and Restrictions. You retain all ownership and intellectual property rights in and to your data. SkillsTX Oracle or its licensors retain all ownership and intellectual property rights to the services programs, operating system and SkillsTX programsintegrated software. SkillsTX Oracle or its licensors retains all intellectual property rights to the hardware; title of the hardware is transferred to the Customer upon delivery. Oracle retains all ownership and intellectual property rights to anything developed and delivered under the agreementContract resulting from services. Third party technology that may be contained in or appropriate or necessary for use with some SkillsTX programs programs, operating systems and integrated software is specified in the architecture documentation as applicablerelated documentation, notice files or readme files. Your right to use such Such third party technology is governed by licensed to you either under the terms of the Contract, including this Appendix D or, if specified in the documentation, readme files or notice files, under separate terms. Your rights to use separately licensed third party technology licence agreement specified under separate terms are not restricted in any way by SkillsTX the Contract, including this Appendix D. However, for clarity, notwithstanding the existence of a notice, third party technology that is not separately licensed third party technology shall be deemed part of the programs and not is licensed to you under the agreementterms of the Contract, including this Appendix D. Any source code delivered is subject to the terms of the Contract, including this Appendix D, the Order Form and the related documentation. You may:  make a sufficient number of copies of each program for your licensed use and one (1) copy of each program media; or  make a sufficient number of copies of the operating system, integrated software and/or Integrated software options solely for archival purposes, to replace defective copies or verification You may not: remove or modify any program markings or any notice of SkillsTX’s Oracle's or its licensors' proprietary rightsrights from the programs, operating system, integrated software or Integrated software options; make the programs or materials resulting from the services available in any manner to any third party for use in the third party’s 's business operations (unless such access is expressly permitted for the specific program licence license or materials from the services you have acquired); • modify cause or permit reverse engineering (unless required by law for interoperability), make derivative works of, disassemble, reverse compile, disassembly or reverse engineer any part decompilation of the services programs (the foregoing prohibition includes but is not limited to review of data structures or similar materials produced by programs), operating system, integrated software and/or Integrated software options; or access or use the services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to SkillsTX; • disclose results of any services or program benchmark tests without SkillsTX’s Oracle's prior written consent; nor • license, sellexcept as required by applicable law, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the services, SkillsTX programs or materials available, provided that you give Oracle prior notice and an opportunity to any third party other than as expressly permitted under the terms of the agreement. The rights granted to you under the agreement are also conditioned on the following: • the rights of any user licensed to use the services (e.g., on a “named user” basis) cannot be shared or used by more than one individual oppose such disclosure (unless such licence is reassigned in its entirety to another authorised user, in which case the prior authorised user shall no longer have any right to access or use the licenceprohibited by law); • except as expressly provided herein, no part of the services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means; and • you agree to make every reasonable effort to prevent unauthorised third parties from accessing the services.

Appears in 1 contract

Samples: License Agreement

Ownership and Restrictions. You retain all ownership and intellectual property rights in and to your data. SkillsTX Destiny or its licensors retain all ownership and intellectual property rights to the services and SkillsTX Destiny programs. SkillsTX Destiny retains all ownership and intellectual property rights to anything developed and delivered under the agreement. Third party technology that may be appropriate or necessary for use with some SkillsTX Destiny programs is specified in the architecture program documentation or ordering document as applicable. Your right to use such third party technology is governed by the terms of the third party technology licence license agreement specified by SkillsTX Destiny and not under the agreement. You may not: • remove or modify any program markings or any notice of SkillsTXDestiny’s or its licensors’ proprietary rights; • make the programs or materials resulting from the services available in any manner to any third party for use in the third party’s business operations (unless such access is expressly permitted for the specific program licence license or materials from the services you have acquired); • modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the services (the foregoing prohibition includes but is not limited to review of data structures or similar materials produced by programs), or access or use the services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to SkillsTXDestiny; • disclose results of any services or program benchmark tests without SkillsTXDestiny’s prior written consent; nor and • license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the services, SkillsTX Destiny programs or materials available, to any third party other than than, as expressly permitted under the terms of the agreement. The rights granted to you under the agreement are also conditioned on the following: • the rights of any user licensed to use the services (e.g., on a “named user” basis) cannot be shared or used by more than one individual (unless such licence license is reassigned in its entirety to another authorised authorized user, in which case the prior authorised authorized user shall no longer have any right to access or use the licencelicense); • except as expressly provided herein, no part of the services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means; and • you agree to make every reasonable effort to prevent unauthorised unauthorized third parties from accessing the services.

Appears in 1 contract

Samples: Service Agreement

Ownership and Restrictions. You retain all ownership and intellectual property rights in and to your data. SkillsTX VOW or its licensors retain all ownership and intellectual property rights to the services Services and SkillsTX programsVOW Programs. SkillsTX VOW retains all ownership and intellectual property rights to anything developed and delivered under the agreement. Third party technology that may be appropriate or necessary for use with some SkillsTX programs is specified in the architecture documentation as applicable. Your right to use such third party technology is governed by the terms of the third party technology licence agreement specified by SkillsTX and not under the agreementthis Agreement. You may not: • remove or modify any program markings or any notice of SkillsTXVOW’s or its licensors’ proprietary rights; VOW SAAS TERMS & AGREEMENT • make the programs or materials resulting from the services Services available in any manner to any third party for use in the third party’s business operations (unless such access is expressly permitted for the specific program licence license or materials from the services Services you have acquired); • modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the services (the foregoing prohibition includes but is not limited to review of data structures or similar materials produced by programs), or access or use the services in order to build or support, and/or assist a third party in building or supporting, products or services Services competitive to SkillsTXVOW; • disclose results of any services Services or program Program benchmark tests without SkillsTXVOW’s prior written consent; nor and • license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau ,use, or otherwise commercially exploit or make the servicesServices, SkillsTX programs VOW Programs or materials available, to any third party other than than, as expressly permitted under the terms of the agreementthis Agreement. The rights granted to you under the agreement this Agreement are also conditioned on the following: • the rights of any user licensed to use the services (e.g., on a “named user” basis) cannot be shared or used by more than one individual (unless such licence is reassigned in its entirety to another authorised user, in which case the prior authorised user shall no longer have any right to access or use the licence); • except •except as expressly provided herein, no part of the services Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means; •VOW will only support the most current version of the Services and the VOW Programs made available by VOW, including all updates and modifications made available by VOW and you shall not use any version of the Services and the VOW Programs other than the most current version provided by VOW; •you agree to make every reasonable effort to prevent unauthorised unauthorized third parties from accessing the servicesServices.

Appears in 1 contract

Samples: Terms and Agreement

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