PAR Technologies V5 manual

Commercial Use

means any non-consumer use that is not covered by University Use.

Know-how

means program documents and information which relates to Software, also in machine readable form, in particular the Base Version Code and the detailed comments on the Base Version Code, provided together with the Base Version Code.

§ 2 Granted Rights

Subject to and conditioned upon Licensees full compliance with the terms and conditions of this license, ParTec grants Licensee of this contract a non-exclusive, worldwide and royaltyfree license for University Use and Commercial Use only to:

a.reproduce, prepare derivative works of, display and perform the Base Version Code, in whole or in part, alone or as part of Derivative Work Code;

b.reproduce, prepare derivative works of and display the Documentation;

c.use the Know-how.

§ 3 Assignment and Sublicenses

Licensee does not have the right to assign the license to third parties or to grant sublicenses.

§ 4 Confidentiality

1.Licensee promises to maintain in confidence the Know-how provided to him by ParTec, in particular not to transfer it to third parties, and to use the Know-how only in the scope of this agreement.

2.For this purpose Licensee will keep all documents and data carriers containing Knowhow of ParTec locked up in the same way as he keeps its own secret documents, and Licensee shall require all of its staff having access to the know-how of ParTec to sign a written confidentiality obligation, which complies with this agreement.

3.Furthermore Licensee promises not to publish the Software as object code or as source code, nor the corresponding comments either totally or in part on his own publications or other documentation. Any functional description of Licensee's Modifications, in particular source code of Modifications, which shows Know-how, such as the structure of the Software, is prohibited.

4.The above limitations do not apply to information

a.which Licensee already had in written form prior to signing this agreement,

b.which have become accessible to the public due to publication of third parties without the activity of Licensee.

The Licensee has the burden of proof for the existence of such an exception.

5.The above obligations also remain after the termination of this agreement. § 5 Licensee's Duties

1.Licensee shall submit to ParTec any suggestions for improvements and further developments of the Technology. ParTec may on its own discretion use, implement, publish, exploit, commercialize those suggestions.

2.Licensee shall provide source code and any documentation for its Modification to ParTec as soon as practicable, but before the publication of a functional description of Licensee's Modifications. Licensee shall include

a.a declaration about the origin of the contributed material to the Modification, as in Attachment I,

b.a file with the source code of Licensee's Modification showing all changes and additions made,

c.proper description of its Modification in English language.

3.Licensee shall keep intact all existing copyright notices, any notices referring to particular licenses and any warranty related statements.

86 ParaStation5 Administrator's Guide