Common use of SOFTWARE PRODUCT LICENSE Clause in Contracts

SOFTWARE PRODUCT LICENSE. ARCHIBUS software is not sold. There is absolutely no transfer of ownership of any Software Product of any kind. Rather, ARCHIBUS, Inc. (AI) licenses the Software Product to the End User under the terms of the XXXX applicable to the version of the Software Product licensed. The terms of this XXXX may vary depending upon the specific Software Product (with the specific type, edition, and/or version of license being issued) and the specific Territory in which You obtained Your Software Product. Territory means the country in which You acquire the ARCHIBUS software, unless (i) You acquire the Software in a member country of the European Union or the European Free Trade Associations, in which the case territory means all the countries of the European Union and the European Free Trade Association; or (ii) otherwise specified in the Software Product and Associated Materials. Unauthorized reproduction, appropriation of, or access to, the Copyrighted Materials (as defined below) is expressly prohibited. Please refer to Your Software Product for the XXXX terms applicable to Your use of that Software as the terms of this XXXX may supersede any on screen XXXX found within the Software Product. Unless You have another agreement directly with AI that controls and alters Your use of AI Software Products, the terms and conditions of this XXXX apply to You. The ARCHIBUS Software as described in the computer program in which this XXXX is embedded or that is delivered prepackaged, or downloaded, with this XXXX (“Software”) and its associated materials in this package consisting of any or all of: DVDs, programs, documentation, guides, database schema, database models, database hierarchies, database organization, data, Web Services, and additional components of the products, procedures and techniques) (“Associated Materials”) are copyrighted, and all rights in, title to, and ownership thereof are reserved by ARCHIBUS, Inc. (collectively, the “Copyrighted Materials”). Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties, protect the Copyrighted Materials. Installing, copying, uploading, updating, accessing, using or benefiting from the use of all or any portion of this Software Product or any Copyrighted Materials except as permitted by this XXXX constitutes a material breach of this XXXX and is an infringement of the copyright and other intellectual property rights of AI. As such, as a result of any breach, You may be liable to AI and its licensors for damages in addition to criminal penalties. Any Software Product(s) obtained from third parties that have not been authorized or permitted by AI, directly or indirectly, to supply Software Products is likely to have been made available in violation of AI’s rights. In such an event, AI is not obligated to issue activation code(s) and/or ARCHIBUS license file(s) or otherwise permit You to install, copy, upload, access and/or use the software, documentation and materials.