1. In consideration for payment of the applicable OAS rates and charges, Customer is granted a personal, limited, non-exclusive, and non-transferable license to access and use the OAS Publication Software, in object code form only, and any associated documentation provided by Company internally within its organization solely in connection with Customers obtaining Companys Application Delivery Services and publication of its own applications into AppSets (License). Customer is granted the further right to grant access and use of the OAS Publication Software to its Affiliates for their use under these same terms and conditions provided that (i) Customer has been granted a license hereunder by Company as to such OAS Publication Software, (ii) Customer remains responsible for any such use by an Affiliate in compliance with these terms and conditions and (iii) no right to make copies of the OAS Publication Software is implied by this sentence. Customer shall not use the OAS Publication Software (i) in connection with the products and/or services of any third party, or (ii) to provide services for the benefit of any third party, including without limitation as a service bureau.
2. Under no circumstances may Customer move any of the OAS Publication Software from its premises to a third-party site, except as otherwise expressly provided above in Section 1, without the prior written consent of Company.
3. The OAS Publication Software and any related documentation may not be copied or reproduced, in whole or in part, except as explicitly permitted by these Terms and Conditions and the applicable contract agreement.
4. Except to the extent provided in Section 1 above, Customer shall not provide or otherwise make the OAS Publication Software available to any other person or entity other than Customer employees directly involved in the Customers use of the OAS Publication Software and who are bound to protect the confidentiality of the same.
5. Customer shall not (i) modify, enhance, translate or create derivative works of the OAS Publication Software and any related documentation in any manner, (ii) decompile, decrypt, disassemble, reverse engineer or otherwise reduce the OAS Publication Software to human-readable form, (iii) sell, assign, license, sublicense or otherwise transfer, transmit or convey the OAS Publication Software or any related documentation, or any copies or modifications thereof, or any interest therein, to any third party, or (iv) remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on the OAS Publication Software, including without limitation, any related documentation, or that appear during the use of the OAS Publication Software.
6. Certain of the OAS Publication Software is licensed to Company by third parties and no such third-party licensors hereunder (i) warrant the OAS Publication Software or any portion thereof (and such licensors expressly disclaim any express or implied warranties in connection therewith), (ii) assume any liability regarding use of the OAS Publication Software and/or OAS, or (iii) undertake to furnish any support relating to the OAS Publication Software and/or OAS.
7. Customer acknowledges that the OAS Publication Software is confidential and proprietary to Company and/or the third party licensors of Company, and Customer agrees that it shall maintain the OAS Publication Software in the strictest confidence and not disclose the same to any third party. Company and/or such third-party licensors shall retain all rights, title and interest in and to the OAS Publication Software including any intellectual property rights contained or embodied therein.
8. Customers right to access and use any OAS Publication Software pursuant to this License shall terminate immediately upon the termination or expiration of the OAS Service Attachment, (ii) the failure of Customer to cure a breach of any provisions of these Terms and Conditions with respect to any OAS Publication Software within either fifteen (15) days after receipt of written notice of breach from Company or such shorter period identified in the notice of breach as required by Companys licensors, and/or (iii) termination of the On-Demand Application Service(s) with which that OAS Publication Software is intended for use. Upon termination of the License, in whole or in part, Customer shall immediately cease using the affected OAS Publication Software, and specifically as to any Content Creation Software, shall immediately erase the same from Customers equipment.
9. Restricted Rights. The OAS Publication Software is provided to United States Government agencies in accordance with subparagraph (c) of the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19 (June 1987). For DOD agencies, the restrictions set forth in the Technical Data-Commercial Items clause at DFARS 252.227-7015 (Nov 1995) shall also apply. Should the provisions of FAR 52.227.19 and/or DFAR 252.227-7015 conflict with any other terms of this license, the terms of FAR 52.227.19 and/or DFAR 252.227-7015, as applicable, will prevail.