License to Licensee. (1) Subject to Braintech's rights under Section 7, Braintech grants to LICENSEE a personal, non-transferable, non-assignable, and non-exclusive license to Use the Braintech Software on the Designated Computer at the Designated Site; (2) Except for the rights to Use the Braintech Software expressly conferred on LICENSEE by Section 2(1) LICENSEE shall not have the right and agrees not to copy or reproduce the Braintech Software or any part thereof. Without limiting the generality of the foregoing, except as permitted by law, LICENSEE shall not copy, disassemble, de-compile, translate or convert into human readable form, or reverse engineer, all or any part of the Braintech Software, and shall not use the Braintech Software, Program Concepts, or Support Materials to develop any derivative works or any functionally compatible or competitive software. LICENSEE shall not have the right, and agrees not to copy or reproduce the Support Materials; (3) LICENSEE may sublicense programs developed using the Braintech Software and Modules thereof (the "Program") to the End-User on the following conditions: (a) LICENSEE will include a copy of the Runtime License, (EXHIBIT 8) with its proposal; (b) End-User will require a Key from Braintech to run the Program; (c) The LICENSEE must pay Braintech a Run-Time license fee as specified in the Master Agreement, Section 4 and 5 for every Product shipped to the End-User according to the payment terms as specified in the Master Agreement, Section 6. (d) LICENSEE agrees to have two(2) developers trained at Braintech's Vancouver Center; (e) Developers are trained and certified L3; (f) Braintech agrees to waive training fee for two (2) only Developers.
Appears in 2 contracts
Sources: Exclusive Channel Partner Agreement, Exclusive Channel Partner Agreement (Braintech Inc)
License to Licensee. (1) Subject to Braintech's rights under Section 7, Braintech grants to LICENSEE a personal, non-transferable, non-assignable, and non-exclusive license to Use the Braintech Software on the Designated Computer at the Designated Site;
(2) Except for the rights to Use the Braintech Software expressly conferred on LICENSEE by Section 2(1) LICENSEE shall not have the right and agrees not to copy or reproduce the Braintech Software or any part thereof. Without limiting the generality of the foregoing, except as permitted by law, LICENSEE shall not copy, disassemble, de-compile, translate or convert into human readable form, or reverse engineer, all or any part of the Braintech Software, and shall not use the Braintech Software, Program Concepts, or Support Materials to develop any derivative works or any functionally compatible or competitive software. LICENSEE shall not have the right, and agrees not to copy or reproduce the Support Materials;
(3) LICENSEE may sublicense programs developed using the Braintech Software and Modules thereof (the "Program") to the End-User on the following conditions:
(a) LICENSEE will include a copy of the Runtime License, (EXHIBIT 8) with its proposal;
(b) End-User will require a Key from Braintech to run the Program;
(c) The LICENSEE must pay Braintech a Run-Time license fee as specified in the Master Agreement, Section 4 and 5 for every Product shipped to the End-User according to the payment terms as specified in the Master Agreement, Section 6.
(d) LICENSEE agrees to have two(2) developers trained at Braintech's Vancouver Center;
(e) Developers are trained and certified L3;
(f) Braintech agrees to waive training fee for two (2) only Developers.
(4) LICENSEE may sub-license programs developed using the Braintech Software and Modules thereof (the "Program") to the SUB-LICENSEE on the following conditions:
(a) SUB-LICENSEE will include a copy of the Runtime License, (EXHIBIT 8) with its proposal;
(b) End-User will require a Key from Braintech to run the Program;
(c) The LICENSEE must pay Braintech a Run-Time license fee as specified in the Master Agreement, Section 4 and 5 for every Product shipped to the SUB-LICENSEE according to the payment terms as specified in the Master Agreement, Section 6.
(d) SUB-LICENSEE agrees to have one(1) technician trained and certified "L2" at an authorized ABB training center .
Appears in 1 contract
Sources: Exclusive Channel Partner Agreement (Braintech Inc)