Common use of SOFTWARE AND COMPUTER PROGRAMS Clause in Contracts

SOFTWARE AND COMPUTER PROGRAMS. The Product includes circuitry and software programs in binary code form which are designed for use with the Product (the "Circuitry" and the "Software"). For the purpose of this Agreement, the Circuitry and the Software shall not include any portion of the Product which is proprietary to NK or which is developed by or licensed to NK, independently of Rights and Technical Information provided by Aspect hereunder. Aspect hereby grants to NK a non-exclusive and non-transferable worldwide license, without the right to sublicense (except to purchasers of the Product and NK's Affiliates which become sublicensees pursuant to Section 2.4 above), during the Agreement Term to use the Circuitry, the Software and related documentation provided by Aspect (the "Documentation") solely in connection with operation of the Product. NK shall not disclose, furnish, transfer or otherwise make available the Circuitry, the Software, the Documentation or any portion thereof in any form to any third party (other than to purchasers of the Product and NK's Affiliates which becomes sublicensees pursuant to Section 2.4 above) and shall not duplicate the Circuitry, the Software, the Documentation or any Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. part thereof, except in connection with NK's manufacture and assembly of the Product in accordance with this Agreement. Title to and ownership of and all proprietary rights in or related to the Circuitry, the Software, the Documentation and all partial or complete copies thereof shall at all times remain with Aspect or its licensor(s). This Agreement shall not be construed as a sale of any rights in the Circuitry, the Software, the Documentation, any copies thereof or any part thereof. All references in this Agreement to sale, resale or purchase of the Products, or references of like effect, shall, with respect to the Circuitry, the Software and the Documentation mean licenses or sublicenses of the Circuitry, the Software and the Documentation pursuant to this Section 2.6. NK shall not disassemble, decompile or reverse engineer the Circuitry, the Software or any part thereof (except in the European Union and Norway, and only to the extent that it has the right to do so pursuant to applicable law in order to ensure interoperability with other software programs). NK shall retain and shall not alter or obscure any notices, markings or other insignia which are affixed to the Software, the Documentation or any part thereof at the time of delivery of such Software or such Documentation.

SOFTWARE AND COMPUTER PROGRAMS. The Product includes circuitry and software programs in binary code form which are designed for use with the Product (the "Circuitry" and the "Software"). For the purpose of this Agreement, the Circuitry and the Software shall not include any portion of the Product which is proprietary to NK or which is developed by or licensed to NK, independently of Rights and Technical Information provided by Aspect hereunder. Aspect hereby grants to NK a non-exclusive and non-transferable worldwide license, without the right to sublicense (except to purchasers of the Product and NK's Affiliates which become sublicensees pursuant to Section 2.4 above), during the Agreement Term to use the Circuitry, the Software and related documentation provided by Aspect (the "Documentation") solely in connection with operation of the Product. NK shall not disclose, furnish, transfer or otherwise make available the Circuitry, the Software, the Documentation or any portion thereof in any form to any third party (other than to purchasers of the Product and NK's Affiliates which becomes sublicensees pursuant to Section 2.4 above) and shall not duplicate the Circuitry, the Software, the Documentation or any Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. part thereof, except in connection with NK's manufacture and assembly of the Product in accordance with this Agreement. Title to and ownership of and all proprietary rights in or related to the Circuitry, the Software, the Documentation and all partial or complete copies thereof shall at all times remain with Aspect or its licensor(s). This Agreement shall not be construed as a sale of any rights in the Circuitry, the Software, the Documentation, any copies thereof or any part thereof. All references in this Agreement to sale, resale or purchase of the Products, or references of like effect, shall, with respect to the Circuitry, the Software and the Documentation mean licenses or sublicenses of the Circuitry, the Software and the Documentation pursuant to this Section 2.6. NK shall not disassemble, decompile or reverse engineer the Circuitry, the Software or any part thereof (except in the European Union and Norway, and only to the extent that it has the right to do so pursuant to applicable law in order to ensure interoperability with other software programs). NK shall retain and shall not alter or obscure any notices, markings or other insignia which are affixed to the Software, the Documentation or any part thereof at the time of delivery of such Software or such Documentation.