Common use of Software Protection Clause in Contracts

Software Protection. LICENSEE acknowledges that the Licensed Software is proprietary to EMBL. The software code of the Licensed Software shall be treated as trade secrets and confidential information, and LICENSEE agrees to use their best efforts to hold the same in confidence. LICENSEE's obligation for confidentiality shall not extend to any information which is, or becomes, generally available to the public, is already known to, or subsequently disclosed by third parties to, LICENSEE and is at its free disposal, or is independently developed by LICENSEE or its affiliates without the use of the confidential information disclosed by EMBL, or is required by law or legal process. Except as otherwise expressly permitted in this Agreement, LICENSEE may not (i) modify or create any derivative works of the Licensed Software or documentation to the Licensed Software, including customization, translation or localization; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Product; (iii) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Licensed Software; (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product; or (v) publish any results of benchmark tests run on the Product to a third party without EMBLEM's prior written consent.

Software Protection. LICENSEE acknowledges that the Licensed Software is proprietary to EMBL. The software code of the Licensed Software shall be treated as trade secrets and confidential information, and LICENSEE agrees to use their best efforts to hold the same in confidence. LICENSEE's obligation for confidentiality shall not extend to any information which is, is or becomes, becomes generally available to the public, is already known to, to or subsequently disclosed by third parties to, to LICENSEE and is at its free disposal, or is independently developed by LICENSEE or its affiliates without the use of the confidential information disclosed by EMBL, or is required by law or legal process. Except as otherwise expressly permitted in this Agreement, LICENSEE may not (i) modify or create any derivative works of the Licensed Software or documentation to the Licensed Software, including customization, translation or localization; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Product; (iii) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Licensed Software; (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product; or (v) publish any results of benchmark tests run on the Product to a third party without EMBLEM's prior written consent.