SOFTWARE AND FIRMWARE. To the extent a Product or Service is or includes software proprietary to Seller (“Seller Software”) or is hardware in which proprietary software is embedded (“Seller Firmware”), Buyer acknowledges and agrees that Seller Software and Seller Firmware (collectively, “Licensed Program”), constitute valuable trade secrets and Confidential Information of Seller. Title to the Licensed Program is retained by Seller. Buyer shall not disclose to a third party, or permit a third party to have access to the Licensed Program, or to any portion thereof, except to the extent such access is permitted under a valid, enforceable and written license agreement between Buyer and such third party in form and substance previously approved by Seller (a “License Agreement”). Seller grants to Buyer a non-transferable 5.
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SOFTWARE AND FIRMWARE. To the extent a Product or Service is or includes software proprietary to Seller (“Seller Software”) or is hardware in which proprietary software is embedded (“Seller Firmware”), Buyer acknowledges and agrees that Seller Software and Seller Firmware (collectively, “Licensed Program”), constitute valuable trade secrets and Confidential Information of Seller. Title to the Licensed Program is retained by Seller. Buyer shall not disclose to a third party, or permit a third party to have access to the Licensed Program, or to any portion thereof, except to the extent such access is permitted under a valid, enforceable and written license agreement between Buyer and such third party in form and substance previously approved by Seller (a “License Agreement”). Seller grants to Buyer a non-transferable 5.
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