Common use of Third Party Items Clause in Contracts

Third Party Items. Certain Third Party Items may be incorporated into Products or Products may be used in conjunction with Third Party Items. Third Party Items, and all intellectual property rights therein and relating thereto (including, without limitation, all trade secrets, know-how and copyrighted material in any form), shall remain the exclusive property of the third party licensor and End User acquires no ownership rights in the Third Party Item. Third Party Items may contain unpublished information and embody valuable trade secrets proprietary to the third party and its suppliers and licensors. Third Party Items shall constitute “Confidential Information” and may be or contain trade secrets for the purposes of the confidentiality provisions of this Agreement, or any other separate confidentiality agreement between the parties. End User shall hold in confidence and not disclose to any third party, indefinitely, any Third Party Items, or any other unpublished or confidential information about the Third Party Items. Third Party Items may be subject to: a. separate and/or additional fees, b. a limited license or usage period, c. license conditions and/or restrictions (including, without limitation, Third Party Item can only be used: in conjunction with a Product; by a specified type of users; by a specified number of named-users; on a specified type or number of servers; in compliance with other system characteristics, usage, installation environments, archiving requirements; with data models provided by ▇▇▇▇▇▇▇▇; for a limited time period; by the specific End User without any right to transfer or assign the Third Party Item to anyone else), and d. separate, additional and/or different terms, conditions, warranties and/or support. Sandvine will use commercially reasonable efforts to provide applicable information about Third Party Items to the End User in a timely manner. If the third party provides a warranty or support directly to end users for the Third Party Item then End User shall be entitled to such warranty or support from the third party. Notwithstanding the foregoing: (I) nothing in this Agreement is intended to extend to any End User any warranty, support or indemnity obligation on behalf of any third party by ▇▇▇▇▇▇▇▇; and (II) there is no warranty or support provided by Sandvine for any Third Party Items unless and to the extent specifically and expressly stated by Sandvine in this Agreement. End User shall assume sole responsibility for End User’s selection, use, access, cost or implementation of any Third Party Item, regardless of how End User acquires or obtains access to the Third Party Item, whether independent of or through Sandvine. END USER ACKNOWLEDGES AND AGREES THAT WHERE THE SANDVINE SOLUTION IS DESIGNED TO FACILITATE END USER’S ACCESS TO THIRD PARTY ITEMS, ▇▇▇▇▇▇▇▇ HAS NO CONTROL OVER THE FUNCTIONALITY OR PERFORMANCE OR NON-PERFORMANCE OF SUCH THIRD PARTY ITEMS AND MAY NOT BE ABLE TO PROVIDE A FIX OR WORKAROUND FOR A PROBLEM THAT END USER IDENTIFIES WITH THE SANDVINE SOLUTION. End User shall verify whether it is purchasing Hardware or a Third Party Item when ordering from a Sandvine-authorized reseller. End User shall be responsible for obtaining and accepting any terms and conditions applicable to Third Party Items from the OEM, the OEM distributor or the Sandvine-authorized reseller, as applicable.

Third Party Items. Certain Third Party Items may be incorporated into Products or Products may be used in conjunction with Third Party Items. Third Party Items, and all intellectual property rights therein and relating thereto (including, without limitation, all trade secrets, know-how and copyrighted material in any form), shall remain the exclusive property of the third party licensor and End User acquires no ownership rights in the Third Party Item. Third Party Items may contain unpublished information and embody valuable trade secrets proprietary to the third party and its suppliers and licensors. Third Party Items shall constitute “Confidential Information” and may be or contain trade secrets for the purposes of the confidentiality provisions of this Agreement, or any other separate confidentiality agreement between the parties. End User shall hold in confidence and not disclose to any third party, indefinitely, any Third Party Items, or any other unpublished or confidential information about the Third Party Items. Third Party Items may be subject to: a. separate and/or additional fees, b. a limited license or usage period, c. license conditions and/or restrictions (including, without limitation, Third Party Item can only be used: in conjunction with a Product; by a specified type of users; by a specified number of named-users; on a specified type or number of servers; in compliance with other system characteristics, usage, installation environments, archiving requirements; with data models provided by ▇▇▇▇▇▇▇▇Sandvine; for a limited time period; by the specific End User without any right to transfer or assign the Third Party Item to anyone else), and d. separate, additional and/or different terms, conditions, warranties and/or support. Sandvine will use commercially reasonable efforts to provide applicable information about Third Party Items to the End User in a timely manner. If the third party provides a warranty or support directly to end users for the Third Party Item then End User shall be entitled to such warranty or support from the third party. Notwithstanding the foregoing: (I) nothing in this Agreement is intended to extend to any End User any warranty, support or indemnity obligation on behalf of any third party by ▇▇▇▇▇▇▇▇; and (II) there is no warranty or support provided by Sandvine for any Third Party Items unless and to the extent specifically and expressly stated by Sandvine in this Agreement. End User shall assume sole responsibility for End User’s selection, use, access, cost or implementation of any Third Party Item, regardless of how End User acquires or obtains access to the Third Party Item, whether independent of or through Sandvine. END USER ACKNOWLEDGES AND AGREES THAT WHERE THE SANDVINE SOLUTION IS DESIGNED TO FACILITATE END USER’S ACCESS TO THIRD PARTY ITEMS, ▇▇▇▇▇▇▇▇ HAS NO CONTROL OVER THE FUNCTIONALITY OR PERFORMANCE OR NON-PERFORMANCE OF SUCH THIRD PARTY ITEMS AND MAY NOT BE ABLE TO PROVIDE A FIX OR WORKAROUND FOR A PROBLEM THAT END USER IDENTIFIES WITH THE SANDVINE SOLUTION. End User shall verify whether it is purchasing Hardware or a Third Party Item when ordering from a Sandvine-authorized reseller. End User shall be responsible for obtaining and accepting any terms and conditions applicable to Third Party Items from the OEM, the OEM distributor or the Sandvine-authorized reseller, as applicable.

Third Party Items. Certain Third Party Items may be incorporated into Products or Products may be used in conjunction with Third Party Items. Third Party Items, and all intellectual property rights therein and relating thereto (including, without limitation, all trade secrets, know-how and copyrighted material in any form), shall remain the exclusive property of the third party licensor and End User acquires no ownership rights in the Third Party Item. Third Party Items may contain unpublished information and embody valuable trade secrets proprietary to the third party and its suppliers and licensors. Third Party Items shall constitute “Confidential Information” and may be or contain trade secrets for the purposes of the confidentiality provisions of this Agreement, or any other separate confidentiality agreement between the parties. End User shall hold in confidence and not disclose to any third party, indefinitely, any Third Party Items, or any other unpublished or confidential information about the Third Party Items. Third Party Items may be subject to: a. separate and/or additional fees, b. a limited license or usage period, c. license conditions and/or restrictions (including, without limitation, Third Party Item can only be used: in conjunction with a Product; by a specified type of users; by a specified number of named-users; on a specified type or number of servers; in compliance with other system characteristics, usage, installation environments, archiving requirements; with data models provided by ▇▇▇▇▇▇▇▇Sandvine; for a limited time period; by the specific End User without any right to transfer or assign the Third Party Item to anyone else), and d. separate, additional and/or different terms, conditions, warranties and/or support. Sandvine will use commercially reasonable efforts to provide applicable information about Third Party Items to the End User in a timely manner. If the third party provides a warranty or support directly to end users for the Third Party Item Item, then End User shall be entitled to such warranty or support from the third party. Notwithstanding the foregoing: (I) nothing in this Agreement is intended to extend to any End User any warranty, support or indemnity obligation on behalf of any third party by ▇▇▇▇▇▇▇▇Sandvine; and (II) there is no warranty or support provided by Sandvine for any Third Party Items unless and to the extent specifically and expressly stated by Sandvine in this Agreement. End User shall assume sole responsibility for End User’s selection, use, access, cost or implementation of any Third Party Item, regardless of how End User acquires or obtains access to the Third Party Item, whether independent of or through Sandvine. END USER ACKNOWLEDGES AND AGREES THAT WHERE THE SANDVINE SOLUTION IS DESIGNED TO FACILITATE END USER’S ACCESS TO THIRD PARTY ITEMS, ▇▇▇▇▇▇▇▇ SANDVINE HAS NO CONTROL OVER THE FUNCTIONALITY OR PERFORMANCE OR NON-PERFORMANCE OF SUCH THIRD PARTY ITEMS AND MAY NOT BE ABLE TO PROVIDE A FIX OR WORKAROUND FOR A PROBLEM THAT END USER IDENTIFIES WITH THE SANDVINE SOLUTION. End User shall verify whether it is purchasing Hardware or a Third Party Item when ordering from a Sandvine-authorized reseller. End User shall be responsible for obtaining and accepting any terms and conditions applicable to Third Party Items from the OEM, the OEM distributor or the Sandvine-authorized reseller, as applicable.