Rights of Use with Regard to the Contract Software Clause Samples
The 'Rights of Use with Regard to the Contract Software' clause defines the permissions and limitations granted to the user for utilizing the software provided under the contract. Typically, this clause specifies whether the user receives a license to use the software, the scope of permitted activities (such as installation, copying, or modification), and any restrictions, such as prohibitions on reverse engineering or sublicensing. Its core practical function is to clearly delineate the legal boundaries of software usage, thereby protecting the intellectual property rights of the provider while informing the user of their authorized actions.
Rights of Use with Regard to the Contract Software. For the contract software customer-specifically developed by prisma in its own responsibility, the following provisions shall apply exclusively:
a) prisma is and shall remain the sole author or developer of the contract software and holder of all related copyrights and industrial property rights.
b) prisma shall hereby grant customer the non-exclusive right of use to utilize the contract software for the customer's own use within the scope of the purpose stipulated in the customer contract, as well as its spatial and objective scope and the period of use.
c) Permissible use shall comprise the installation of the contract software on a computer system being in the customer's actual possession, its loading, its displays, running and storage or backup as well as the intended use of the contract software by the customer. Without prior written consent by prisma, the customer shall not be entitled to transfer the right of use to third parties; sell or rent the contract software; grant sublicenses for it; publicly reproduce the contract software by wire or wirelessly, or make it otherwise available or accessible to third parties for consideration or gratuitously.
d) Users and/or devices by the customer having access to the contract software or using it shall be limited to the number specified in the customer contract. Any use in excess thereof shall be inadmissible. Accordingly, the customer shall be obligated to acquire
e) The customer shall be entitled to make copies of the contract software if this is required, as agreed, for safeguarding the contractual use. If the originals bear a notice referring to copyright protection, the customer shall also affix such notice on the copies made. Serial numbers as well as other features serving as software identification shall not be removed or changed under any circumstances.
f) Any decompilation of the contract software to other code forms as well as other types of reverse engineering of the different types of contract software development or production shall not be permissible without prior written consent by prisma. Removal of any copy protection or similar protective routines shall not be permitted. Sections (§§) 69e and 69d, subsection 2 and 3 of the German copyright law (UrhG) shall remain unaffected.
g) The customer's right to editing the contract software shall be limited to maintaining or restoring the stipulated functionality of the contract software.
h) Without the written consent by prisma, use of the contrac...