Common use of License Provisions Clause in Contracts

License Provisions. Subject to the terms and conditions of this Agreement, Arachnid grants Buyer a non-exclusive license (referred to in this Agreement as the “License”) to use the operating game software supplied as part of the Products (“Game Software”). Arachnid is either (i) the owner of all rights in and to the Game Software, including, but not limited to, copyrights and trade secret rights, or (ii) a licensee of certain components of the Game Software and is authorized to include such components in the Products. This Agreement does not convey to Buyer ownership of any of the software in the Product and Arachnid or Arachnid’s licensors retain all title and ownership in such software and any modifications, updates or enhancements thereof. The Game Software shall only be used on a single Product at one time. Buyer shall not transfer or distribute the Game Software or the License to others, except that Buyer may transfer to only the customer purchasing or using the Product a sublicense for that Product only to use the Game Software embedded in the Product on the terms and conditions set forth herein. Except to the extent provided in the next sentence, neither Buyer nor its customers nor any subsequent transferees shall have any right to copy, reproduce, distrib- ute, transmit, remove, download, decompile, reverse engineer or modify the Game Software, nor the right to remove, obstruct or alter copyright, patent, trademark and software license notices on or accompanying the Product or its Game Software. The owner and licensee of the Product shall have the right to copy for installation into the Product and to install into the Product updated Game Software that may be distributed to such owner and licensee from time to time by Arachnid. Neither the Products nor any of its Game Software shall be exported or re-exported in violation of any export provisions of the United States or any other applicable jurisdiction. Except to the extent expressly permitted under this Section 2, any attempt to sublicense, assign or transfer any of the rights, duties or obligations hereunder is void. In the case of the United States Government or an agency thereof as licensee, the following additional terms and notices apply: Restricted Computer Software, as defined in the Rights in Data-General clause at Federal Acquisition Regulations 52.227_14; and as applicable, RESTRICTED RIGHTS LEGEND Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227_7013. Arachnid may without notice or demand terminate the right to use the Game Software (or any part thereof) and may also disable use of the Game Software (or any part thereof) if Buyer or its customer or any subsequent transferee or other user of the Product breaches any of the terms and conditions of this Agreement or any other agreement between Arachnid and any other owner/licensee of the Product in question (including with- out limitation any agreement governing or relating to any of the advertising programs referred to in Section 3 below). Upon termination of this License for any reason, Buyer or its customer or any subsequent transferee shall immediately delete the Game Software from the Product and return to Arachnid any form of the Game Software which is capable of being returned. All restrictions regarding use of and protecting Arachnid’s rights in the software in the Product survive termination of Buyer’s or any subsequent owner’s or user’s right to use the Game Software. Arachnid shall at all times while the Products are in use have and be granted access to the Product (whether electronically, including by modem or any other electronic data transmission and reception connector which comprises a part of each Product, or otherwise), at reasonable times and upon reasonable intervals, for the purposes of inspecting the Product, collecting usage information (including without limitation its location) and exer- cising and protecting Arachnid’s rights in connection with the provisions set forth in this Section 2. Buyer shall not, and shall not permit any subsequent owner or user to, obscure, attach or remove any notice, informational plate or sticker affixed by Arachnid to the Product or which Arachnid creates to appear on any screen display of the Product. Buyer shall cause its customers and all subsequent transferees (if any) to be bound by the provisions of this Section 2 and Sections 3, 4 and 5 of this Agreement for the benefit of Arachnid (Arachnid shall be a third party beneficiary with the right of enforcement).

License Provisions. Subject to the terms and conditions of this Agreement, Arachnid grants Buyer a non-exclusive license (referred to in this Agreement as the “License”) to use the operating game software supplied as part of the Products (“Game Software”). Arachnid is either (i) the owner of all rights in and to the Game Software, including, but not limited to, copyrights and trade secret rights, or (ii) a licensee of certain components of the Game Software and is authorized to include such components in the Products. This Agreement does not convey to Buyer ownership of any of the software in the Product and Arachnid or Arachnid’s licensors retain all title and ownership in such software and any modifications, updates or enhancements thereof. The Game Software shall only be used on a single Product at one time. Buyer shall not transfer or distribute the Game Software or the License to others, except that Buyer may transfer to only the customer purchasing or using the Product a sublicense for that Product only to use the Game Software embedded in the Product on the terms and conditions set forth herein. Except to the extent provided in the next sentence, neither Buyer nor its customers nor any subsequent transferees shall have any right to copy, reproduce, distrib- utedistribute, transmit, remove, download, decompile, reverse engineer or modify the Game Software, nor the right to remove, obstruct or alter copyright, patent, trademark and software license notices on or accompanying the Product or its Game Software. The owner and licensee of the Product shall have the right to copy for installation into the Product and to install into the Product updated Game Software that may be distributed to such owner and licensee from time to time by Arachnid. Neither the Products nor any of its Game Software shall be exported or re-exported in violation of any export provisions of the United States or any other applicable jurisdiction. Except to the extent expressly permitted under this Section 2, any attempt to sublicense, assign or transfer any of the rights, duties or obligations hereunder is void. In the case of the United States Government or an agency thereof as licensee, the following additional terms and notices apply: Restricted Computer Software, as defined in the Rights in Data-General clause at Federal Acquisition Regulations 52.227_14; and as applicable, RESTRICTED RIGHTS LEGEND Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227_7013. Arachnid may without notice or demand terminate the right to use the Game Software (or any part thereof) and may also disable use of the Game Software (or any part thereof) if Buyer or its customer or any subsequent transferee or other user of the Product breaches any of the terms and conditions of this Agreement or any other agreement between Arachnid and any other owner/licensee of the Product in question (including with- out without limitation any agreement governing or relating to any of the advertising programs referred to in Section 3 below). Upon termination of this License for any reason, Buyer or its customer or any subsequent transferee shall immediately delete the Game Software from the Product and return to Arachnid any form of the Game Software which is capable of being returned. All restrictions regarding use of and protecting Arachnid’s rights in the software in the Product survive termination of Buyer’s or any subsequent owner’s or user’s right to use the Game Software. Arachnid shall at all times while the Products are in use have and be granted access to the Product (whether electronically, including by modem or any other electronic data transmission and reception connector which comprises a part of each Product, or otherwise), at reasonable times and upon reasonable intervals, for the purposes of inspecting the Product, collecting usage information (including without limitation its location) and exer- cising exercising and protecting Arachnid’s rights in connection with the provisions set forth in this Section 2. Buyer shall not, and shall not permit any subsequent owner or user to, obscure, attach or remove any notice, informational plate or sticker affixed by Arachnid to the Product or which Arachnid creates to appear on any screen display of the Product. Buyer shall cause its customers and all subsequent transferees (if any) to be bound by the provisions of this Section 2 and Sections 3, 4 and 5 of this Agreement for the benefit of Arachnid (Arachnid shall be a third party beneficiary with the right of enforcement).