Common use of Software Defined Clause in Contracts

Software Defined. “Software” is defined to include without limitation any code, whether developed or provided by i-Showcase, in any programming language; any design work, whether developed or provided by i-Showcase, in any format; and all graphics, photos, images, or icons that are created or provided by i-Showcase. The data in a database that is created by Client is not part of the Software. All graphics, photos, images, icons, HTML code, CSS code, or software codes that are provided by Client to be used in the Project are not considered as part of the Software and remain the property of the Client. All copyrighted content, graphics, photos, images, icons, codes, and systems that are provided by a third party (like a brand manufacturer) to be used on Client’s website are subject to the copyright holder’s usage policy and if such policy does not exist or not provided then they will remain the property of providing third party. License: i-Showcase hereby grants Client a revocable, personal, non-transferable and non-exclusive right and license to use the Software (the “License”). Client may not directly, or through a third party do any of the following: copy, modify, use a modified version of, create a derivative work from, resell, duplicate, copy, sell, trade, exploit for commercial or private purposes, reverse engineer, or reverse assemble any portion of the Software, use of the Software, or access to the Software; otherwise attempt to discover any source code; sell, assign, sublicense, grant a security interest in or otherwise transfer any right in Software. Client will not access Software other than through the interface provided by i-Showcase to access Software. Assignment: Client may not assign or otherwise transfer any rights or obligations relating to Software or license(s) and their benefits under these Terms and Conditions to any party without the written consent of i-Showcase, which consent can be withheld at i- Showcase’s sole discretion. Any consent provided by i-Showcase shall be in writing executed by all parties including the assignee or successor whereby such assignee or successor agrees to be bound to these Terms and Conditions and the PFSA.

Software Defined. “Software” is defined to include without limitation any code, whether developed or provided by i-Showcase, in any programming language; any design work, whether developed or provided by i-Showcase, in any format; and all graphics, photos, images, or icons that are created or provided by i-Showcase. The data in a database that is created by Client is not part of the Software. All graphics, photos, images, icons, HTML code, CSS code, or software codes that are provided by Client to be used in the Project are not considered as part of the Software and remain the property of the Client. All copyrighted content, graphics, photos, images, icons, codes, and systems that are provided by a third party (like a brand manufacturer) to be used on Client’s website are subject to the copyright holder’s usage policy and if such policy does not exist or not provided then they will remain the property of providing third party. License: i-Showcase hereby grants Client a revocable, personal, non-transferable and non-exclusive right and license to use the Software (the “License”). Client may not directly, or through a third party do any of the following: copy, modify, use a modified version of, create a derivative work from, resell, duplicate, copy, sell, trade, exploit for commercial or private purposes, reverse engineer, or reverse assemble any portion of the Software, use of the Software, or access to the Software; otherwise attempt to discover any source code; and/or sell, assign, sublicense, grant a security interest in or otherwise transfer any right in Software. Client will not access Software other than through the interface provided by i-Showcase to access Software. Assignment: Client may not assign or otherwise transfer any rights or obligations relating to Software or license(s) and their benefits under these Terms and Conditions to any party without the written consent of i-Showcase, which consent can be withheld at i- Showcase’s sole discretion. Any consent provided by i-Showcase shall be in writing executed by all parties including the assignee or successor whereby such assignee or successor agrees to be bound to these Terms and Conditions and the PFSA.