Common use of General Program Requirements Clause in Contracts

General Program Requirements. 2.1. Mirantis reserves all rights not expressly granted in this Agreement and all rights not expressly granted to the Products and Services (including rights under any trademarks, copyrights, patents, or other intellectual property of Mirantis). Partner will use the Products or Services only as specifically permitted or agreed to in this Agreement. If Mirantis determines that any of the Products or Services are being used by Partner in any way to (a) avoid paying fees that would otherwise be due hereunder, (b) provide Services to third parties outside of the scope of a Program, or (c) create revenue without payment of fees to Mirantis for Products or Services, Mirantis may immediately suspend performance and/or terminate the Agreement and any Program Appendix, and reserves its rights to exercise any and all legal and equitable remedies available to it under this Agreement or otherwise. 2.2. For each Mirantis Product (or Partner product that incorporates Mirantis software) that Partner sells to an End User under a Program Appendix, Partner shall purchase the equivalent Mirantis Product with respect to such conditions as the terms and support level described in the applicable Program Appendix. Partner is only authorized hereunder to resell the complete Mirantis Product it purchased and is not permitted to decouple the Mirantis Product or sell it in parts (e.g. purchase a Mirantis Product with a 1-year term and then break it down into monthly or hourly increments for resale to an End User). Partner will work with Mirantis to ensure that its resale of the Mirantis Product to End Users is consistent with the guidelines of the Products purchased. 2.3. Without limiting the generality of Sections 2.1 or 2.2, Partner agrees: (i) not to modify the Products in any manner; and (ii) not to use or resell the Products in any manner or for any purpose not permitted by this Agreement, including, without limitation, for Partner's own internal or production use, other than as may be expressly permitted in the applicable Program Appendix or by any applicable mandatory law or regulation. Should Partner desire to use the Products for Partner’s own internal or production use other than as expressly permitted in the applicable Program Appendix, Partner agrees to purchase the appropriate Mirantis Product(s) under Mirantis’ standard terms for internal use, and to pay the applicable fee for all periods of use. This Agreement establishes the rights and obligations associated with Mirantis’ Programs, Products, and Services, and is not intended to limit Partner’s rights to software code under the terms of an open source license. 2.4. Each Party agrees that all trade name, trademark, service ▇▇▇▇, copyright, patent, trade secret, domain name and all other intellectual and industrial property rights anywhere in the world, including moral rights, and all applications, provisional applications, registrations, continuations and renewals thereof, and all associated goodwill (present or future) in and to each Party’s respective products and services, are and will, as among the parties, be owned by and vested in that party or its licensors, notwithstanding any use of terms such as "purchase," "sale" or similar language within the Agreement. Mirantis may provide access to software subject to their own license terms available in the header file of the software. If Partner does not agree to abide by the license terms for such software, then Partner may not install, use or distribute them.

General Program Requirements. 2.1. Mirantis reserves all rights not expressly granted in this Agreement and all rights not expressly granted to the Products and Services (including rights under any trademarks, copyrights, patents, or other intellectual property of Mirantis). Partner will not use the Products or Services only as to create an offering competitive with Mirantis, directly or indirectly, or for the benefit of any other person or entity or permit any third party to make such utilization, unless specifically permitted or agreed to in this Agreement. If Mirantis determines that any of the Products or Services are being used by Partner in any way to (a) avoid paying fees that would otherwise be due hereunder, (b) provide Services to third parties outside of the scope of a Program, or (c) create revenue without payment of fees to Mirantis for Products or Services, Mirantis may immediately suspend performance and/or terminate the Agreement and any Program Appendix, and reserves its rights to exercise any and all legal and equitable remedies available to it under this Agreement or otherwise. 2.2. For each Mirantis Product (or Partner product that incorporates Mirantis software) that Partner sells to an End User under a Program Appendix, Partner shall purchase the equivalent Mirantis Product with respect to such conditions as the terms and support level described in the applicable Program Appendix. Partner is only authorized hereunder to resell the complete Mirantis Product it purchased and is not permitted to decouple the Mirantis Product or sell it in parts (e.g. purchase a Mirantis Product with a 1-1 year term and then break it down into monthly or hourly increments for resale to an End User). Partner will work with Mirantis to ensure that its resale of the Mirantis Product to End Users is consistent with the guidelines of the Products purchased. 2.3. Without limiting the generality of Sections 2.1 or 2.2, Partner agrees: (i) not to modify the Products in any manner; and (ii) not to use or resell the Products in any manner or for any purpose not permitted by this Agreement, including, without limitation, for Partner's own internal or production use, other than as may be expressly permitted in the applicable Program Appendix or by any applicable mandatory law or regulation. Should Partner desire to use the Products for Partner’s own internal or production use other than as expressly permitted in the applicable Program Appendix, Partner agrees to purchase the appropriate Mirantis Product(s) under Mirantis’ standard terms for internal use, and to pay the applicable fee for all periods of use. This Agreement establishes the rights and obligations associated with Mirantis’ Programs, Products, and Services, and is not intended to limit Partner’s rights to software code under the terms of an open source license. 2.4. Each Party agrees that all trade name, trademark, service ▇▇▇▇, copyright, patent, trade secret, domain name and all other intellectual and industrial property rights anywhere in the world, including moral rights, and all applications, provisional applications, registrations, continuations and renewals thereof, and all associated goodwill (present or future) in and to each Party’s respective products and services, are and will, as among the parties, be owned by and vested in that party or its licensors, notwithstanding any use of terms such as "purchase," "sale" or similar language within the Agreement. Mirantis may provide access to software subject to their own license terms available in the header file of the software. If Partner does not agree to abide by the license terms for such software, then Partner may not install, use or distribute them.may