Right to Use Following Release. Unless otherwise provided in the License Agreement, upon release of the Deposit Materials in accordance with this Article 4, Preferred Beneficiary shall have the right to use the Deposit Materials for the sole purpose of continuing the benefits afforded to Preferred Beneficiary by the License Agreement. Preferred Beneficiary shall be obligated to maintain the confidentiality of the released Deposit Materials.
Right to Use Following Release. Unless otherwise provided in the ------------------------------ Procurement Agreement, upon release of the Deposit Materials in accordance with this Article 4, Preferred Beneficiary will have the non-exclusive, non- transferable, right to use the Deposit Materials for the sole purpose of continuing the benefits afforded to Preferred Beneficiary by the Procurement Agreement. Preferred Beneficiary will be obligated to maintain the strict confidentiality of the released Deposit Materials, including maintaining such Deposit Materials in a single, access restricted, and locked location. Preferred Beneficiary will provide access to the released Deposit Materials to only those of its personnel who require such access for supporting Customer's use of the Products sold or licensed to Customer under the Procurement Agreement and Customer will maintain a written list of such personnel. Without limiting the foregoing, the Deposit Materials will also be protected as Corvis' Proprietary Materials under Article 15 of the Procurement Agreement. Receipt by Preferred Beneficiary of the Deposit Materials pursuant to this Article 4 does not in any way convey title or ownership of the Depositor products or the intellectual property rights embodied in the products. Preferred Beneficiary may subcontract to third parties maintenance and support work permitted under this Section 4.5; provided all such third parties enter into a written agreement containing terms equivalent to those contained in the Procurement Agreement regarding Depositor's confidential information and preservation of Depositor's proprietary rights. Preferred Beneficiary will provide signed copies of all such agreements to Depositor before providing any such party with access to the Deposit Materials.
Right to Use Following Release. Beneficiary has the right under this Agreement to use the Deposit Materials for the sole purpose of continuing the benefits afforded to Beneficiary by the License Agreement. Notwithstanding the preceding sentence, Beneficiary shall not have access to the Deposit Materials unless there is a release of the Deposit Materials in accordance with the Agreement. Beneficiary shall be obligated to maintain the confidentiality of the released Deposit Materials. Exhibit F and its Exhibits EXHIBIT E Enrollment Form Pursuant to the Two Party Escrow Service Agreement ("Agreement"), Depositor hereby enrolls as a Beneficiary: Deposit Account Number: NOTICES TABLE All Notices to Beneficiary will be sent to the contact set forth below. PRINT NAME: TITLE: EMAIL ADDRESS XXXXXX XXXXXXX 0 XXXXXXXX/XXXX/XXXXX XXXXXX/XXX CODE PHONE NUMBER FAX NUMBER BILLING CONTACT INFORMATION TABLE All Invoices to Beneficiary will be sent to the contact set forth below. PRINT NAME: TITLE: EMAIL ADDRESS XXXXXX XXXXXXX 0 XXXXXXXX/XXXX/XXXXX XXXXXX/XXX CODE PHONE NUMBER FAX NUMBER All notices to Iron Mountain should be sent to xxxxxxxxxxxx@xxxxxxxxxxxx.xxx OR Iron Mountain, Attn: Contract Administration, 0000 Xxxxxxxx Xxxxxxx, Xxxxx 000, Xxxxxxxx, Xxxxxxx, 00000, XXX. DEPOSITOR SIGNATURE: PRINT NAME: TITLE: DATE: EMAIL ADDRESS IRON MOUNTAIN INTELLECTUAL PROPERTY MANAGEMENT, INC. Signature: PRINT NAME: TITLE: DATE: MAIL ADDRESS: xxxxxxxxxxxx@xxxxxxxxxxxx.xxx EXHIBIT G BUSINESS ASSOCIATE TERMS Health Insurance Portability and Accountability Act (HIPAA) Business Associate Requirements
Right to Use Following Release. Beneficiary has the right under this Agreement to use the Deposit Material for the sole purpose of continuing the benefits afforded to Beneficiary by the Contract. Notwithstanding, the Beneficiary shall not have access to the Deposit Material unless there is a release of the Deposit Material in accordance with this Agreement. Beneficiary’s obligations with respect to the released Deposit Material shall be as set forth in the Contract.
Right to Use Following Release. Upon release of the Deposit Materials, Beneficiary shall have all rights and privileges set forth in the Software License Agreement with respect to the Software and Deposit Material. Beneficiary shall be obligated to adhere to any applicable confidentiality obligations set forth in Section 9.2 of the Software License Agreement with respect to the released Deposit Material. EXHIBIT D
Right to Use Following Release. Beneficiary has the right under this Agreement to use (a) the Full Access Notebooks Deposit Materials for any purpose related to the Cyclodextrin System or any Licensed Product and (b) all other Deposit Material solely (i) for regulatory or governmental purposes, (ii) for litigation purposes, (iii) for the maintenance, prosecution or defense of intellectual property or (iv) to resolve scientific or technical questions or to make corrections, in either case arising from the illegibility, inaccessibility or other errors in the digital copies of laboratory notebooks Beneficiary received directly from Depositor pursuant to the Calando/Cerulean Contracts. Notwithstanding the foregoing, the Beneficiary shall not have access to the Deposit Material unless there is a release of the Deposit Materials in accordance with this Agreement. Beneficiary shall be obligated to maintain the confidentiality of the released Deposit Materials as Confidential Information of Depositor in accordance with the Calando/Cerulean Contracts. In the event of a partial release in accordance with Section 1(a) or Section 1(d) of this Exhibit C (unless otherwise required for regulatory, governmental or other legal requirements, or unless either of the release conditions set forth in Sections 1(b) or (c) of this Exhibit C have occurred), Beneficiary shall return such Deposit Materials as soon as possible once Beneficiary has reasonably satisfied the purpose for which such Deposit Materials were released.
Right to Use Following Release. Unless otherwise provided in the License Agreement, upon release of the Deposit Materials in accordance with this Section 4, Preferred Beneficiary shall have the right to use the Deposit Materials for (i) a period not to exceed [**] months (the "Release Period"), and (ii) the sole purpose of continuing Preferred Beneficiary's use of the Licensed Technology as permitted by the License Agreement, provided that Preferred Beneficiary shall have the right to modify the source code of Deposit Materials comprising software only to the extent necessary to create Bug Fixes (as defined in the License Agreement). The parties agree that (a) Depositor shall own any and all modifications to, and derivative works based on, such Deposit Materials, including any Bug Fixes created by Preferred Beneficiary ("Escrow Bug Fixes"), (b) Preferred Beneficiary shall have a right to use the same during the term of the License Agreement, and (c) neither Depositor nor Preferred Beneficiary may charge the other party any fees or royalties relating to any such Escrow Bug Fixes or the use thereof. Preferred Beneficiary shall be obligated to maintain the confidentiality of the released Deposit Materials as provided in the License Agreement.
Right to Use Following Release. Beneficiary has the right under this Agreement to use the Deposit Material for the sole purpose of continuing the benefits afforded to Beneficiary by the License Agreement and/or Master Services Agreement. Notwithstanding, the Beneficiary shall not have access to the Deposit Material unless there is a release of the Deposit Material in accordance with this Agreement. Beneficiary shall be obligated to maintain the confidentiality of the released Deposit Material. CONFIDENTIAL TREATMENT REQUESTED EXHIBIT D AUXILIARY DEPOSIT ACCOUNT TO THREE-PARTY MASTER ESCROW SERVICE AGREEMENT (NOTE: TO BE COMPLETED ONLY IF DEPOSITOR ESTABLISHED A THREE-PARTY MASTER ESCROW SERVICE AGREEMENT)
Right to Use Following Release. The parties agree that no additional right is granted to Preferred Beneficiary under this Agreement to use the Deposit Materials. The Deposit Materials are valuable trade secrets of MEDecision and upon release of the Deposit Materials in accordance with this Article 4.4, Preferred Beneficiary agrees to hold them in confidence and not to disclose them to any third party and to use them solely to the extent set forth in the License Agreement, subject to the terms and conditions therein.
Right to Use Following Release. Unless otherwise provided in the License Agreement, upon release of the Deposit Materials in accordance with this Article 5, Preferred Beneficiary and any other applicable parties identified in the License Agreement (e.g., end users, Affiliates, distributors, and contractor manufacturers) shall have a non-exclusive, worldwide right to use, copy, modify and distribute the Deposit Materials for the sole purpose of exercising the rights granted under the License Agreement. The rights granted to the Preferred Beneficiary under this Section shall be in addition to any rights granted to Preferred Beneficiary under the License Agreement. Upon release of the Deposit Materials to Preferred Beneficiary, the obligations of confidentiality set out in the License Agreement shall apply to the Deposit Materials.
