Common use of License of Data; Warranty; Termination of Rights Clause in Contracts

License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to each Trust by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. Each Trust has a limited license to use the Data only for purposes necessary to valuing the Trust’s assets, reporting to the Trust’s affiliates and parent company, and reporting to regulatory bodies (the “License”). The Trusts do not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. A Trust’s right to use the Data cannot be passed to or shared with any other entity. Each Trust acknowledges the proprietary rights that USBFS and its suppliers have in the Data.

Appears in 2 contracts

Samples: Fund Accounting Servicing Agreement (Eagle Series Trust), Fund Accounting Servicing Agreement (Eagle Series Trust)

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License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to each the Company and the Trust by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrustCompany. Each The Company and the Trust has have a limited license to use the Data only for purposes necessary to valuing the Trust’s assets, reporting to Company and the Trust’s affiliates and parent company, assets and reporting to regulatory bodies (the “License”). The Trusts Company and the Trust do not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. A The Company and the Trust’s right to use the Data cannot be passed to or shared with any other entity. Each The Company and the Trust acknowledges acknowledge the proprietary rights that USBFS and its suppliers have in the Data.

Appears in 2 contracts

Samples: Fund Accounting Servicing Agreement (Kinetics Portfolios Trust), Fund Accounting Servicing Agreement (Kinetics Mutual Funds Inc)

License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations valuations being provided to each Trust the Adviser by USBFS pursuant hereto (collectively, the “Data”) are is being licensed, not sold, to the TrustAdviser. Each Trust The Adviser has a limited license to use the Data only for purposes necessary to valuing the TrustFund’s assets, reporting to the Trust’s affiliates and parent company, assets and reporting to regulatory bodies and the Fund’s shareholders (the “License”). The Trusts do Adviser does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. A TrustThe Adviser’s right to use the Data cannot be passed to or shared with any other entity. Each Trust The Adviser acknowledges the proprietary rights that USBFS and its suppliers have in the Data.

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (Comvest Credit Partners BDC Fund, L.P.)

License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to each the Trust by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. Each The Trust has a limited license to use the Data only for purposes necessary to valuing the Trust’s assets, reporting providing relevant data to the Trust’s affiliates its lawyers, accountants and parent companyBoard of Trustees, and reporting to regulatory bodies (the “License”). The Trusts do Trust does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. A The Trust’s right to use the Data cannot be passed to or shared with any other entity, except as provided above. Each The Trust acknowledges the proprietary rights that USBFS and its suppliers have in the Data.

Appears in 1 contract

Samples: Assetmark Funds (Assetmark Funds)

License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations originating from a pricing agent not affiliated with USBFS, being provided to each the Trust by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. Each The Trust has a limited license to use the Data only for purposes necessary to valuing the Trust’s assets, reporting to the Trust’s affiliates and parent company, assets and reporting to regulatory bodies (the “License”). The Trusts do Trust does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. A The Trust’s right to use the Data cannot be passed to or shared with any other entity. Each The Trust acknowledges the proprietary rights that USBFS and its suppliers have in the Data.

Appears in 1 contract

Samples: Hotchkis and Wiley Funds (Hotchkis & Wiley Funds /De/)

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License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to each Trust the Corporation by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrustCorporation. Each Trust The Corporation has a limited license to use the Data only for purposes necessary to valuing the TrustCorporation’s assets, reporting providing relevant data to the Trust’s affiliates its lawyers, accountants and parent companyBoard of Directors, and reporting to regulatory bodies (the “License”). The Trusts do Corporation does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. A TrustThe Corporation’s right to use the Data cannot be passed to or shared with any other entity, except as provided above. Each Trust The Corporation acknowledges the proprietary rights that USBFS and its suppliers have in the Data.

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (Jacob Funds Inc.)

License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations valuations being provided to each Trust the Company by USBFS pursuant hereto (collectively, the “Data”) are is being licensed, not sold, to the TrustAdministrator and the Company. Each Trust has The Administrator and the Company have a limited license to use the Data only for purposes necessary to valuing the TrustCompany’s assets, reporting to the Trust’s affiliates and parent company, assets and reporting to regulatory bodies and the Company’s stockholders (the “License”). The Trusts Administrator and the Company do not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. A TrustThe Adminstrator and Company’s right to use the Data cannot be passed to or shared with any other entity. Each Trust The Administrator, on behalf of itself and the Company, acknowledges the proprietary rights that USBFS and its suppliers have in the Data.

Appears in 1 contract

Samples: Accounting Servicing Agreement (Terra Income Fund 6, Inc.)

License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to each the Trust by USBFS pursuant hereto (collectively, the "Data") are being licensed, not sold, to the Trust. Each The Trust has a limited license to use the Data only for purposes necessary to valuing the Trust’s 's assets, reporting providing relevant data to the Trust’s affiliates its lawyers, accountants and parent companyBoard of Trustees, and reporting to regulatory bodies (the "License"). The Trusts do Trust does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. A The Trust’s 's right to use the Data cannot be passed to or shared with any other entity, except as provided above. Each The Trust acknowledges the proprietary rights that USBFS and its suppliers have in the Data.

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (Olstein Funds)

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