Soft Limited Assessee
• Clause 1 of Software License:
• Clause 2(a) of the Infrasoft
License Agreement:
"Supplier grants to Buyer a
"(a) Infrasoft grants License a nonexclusive license to use the
non-exclusive, non- accompanying software in
transferable license to use the machine- readable form
software in accordance with ("Software"), together with the
this agreement and the accompanying documentation."
Infrasoft License Schedule."
• Clause 2 of End User Software
License:
• Clause 2(d) of the infrasoft
License Agreement: "NetApp shall retain title to the
Software and the
"(d) Licensee may make one
accompanying documentation
copy of the software and
and all copies and any
associated support information
derivative works thereof.
for backup purposes, provided
Customer shall not make any
that the copy shall include
copies of the Software except
Infrasoft's copyright and other
as reasonably required for
proprietary notices. All copies
backup purposes."
of the Software shall be the
exclusive property of
• Clause 2 of Software License:
Infrasoft."
• Clause 2(h) of Infrasoft license "Buyer must not make any
agreement copies of the Software except
as reasonably necessary for
"(h) Licensee may not copy, backups. Neither Buyer nor
decompile. disassemble or any third party may: (a)
reverse-engineer the Software reverse engineer or try to
without infrasoft's written reconstruct or discover any
consent. The Licensee's rights source code or underlying
shall not be restricted by this ideas used in the Software; or
Clause 2(h) to the extent that (b) remove or conceal any
local law grants Licensee a product identification or
right to do so for the purpose proprietary notices contained
of achieving interoperability in or on toe Software or
with other software and in products; or (c) except as
addition thereto Infrasoft allowed in Suppliers user
undertakes to make documentation, modify or
information relating to create a derivative work of any
interoperability available to part of the Software.
Licensee subject to such
reasonable conditions as Buyer must not publish or
Infrasoft may from time to provide any results of
time impose including a benchmark tests run on the
reasonable fee for doing so. To Software to a third party
ensure Licensee receives toe without Suppliers prior written
appropriate information, consent.
Licensee must first give
Infrasoft sufficient details of The Software is Supplier's
its objectives and the other confidential property and is
software concerned. Requests protected by copyrights and by
for the appropriate information one or more U.S. patents
should be directed to the Vice issued or pending. Buyer must
president Technical of take adequate steps to protect
Infrasaft" the Software from
unauthorized use or
• Clause 2(f) of the Infrasoft disclosure."
License Agreement is quoted
as below: • Clause 2 of End User Software
License :
"(f) The Software shall be used
only for Licensee's own "Customer shall not, nor shall
business as defined within the Customer allow any third
Infrasoft License Schedule and party to: (i) decompile,
shat? not, without prior disassemble, decrypt, extract,
written consent from Infrasoft; or otherwise reverse engineer
or attempt to reconstruct or
(i) be loaned, rented, sold, discover any source code or
transferred to any third party underlying ideas, algorithms,
(ii) used by any parent, or file formats of or of any
subsidiary or affiliated entity components used in the
of Licensee Software by any means
whatever; or (ii) remove or
(iii) Used for the operation of a
conceal any product
service bureau or for data
identification., copyright,
processing.
patent or other notices
contained in or on the Software
or accompanying documents;
or (iii) modify the Software,
incorporate it into or with
another Software, or create a
derivative work of any part of
the Software. Customer must
not publish or provide any
results of benchmark tests run
on the Software to a third
party without NatApp's prior
written consent.
• Clause 7 of End User Software
License:
"THIS LICENSE IS PERSONAL
TO CUSTOMER.. CUSTOMER
SHALL NOT ASSIGN,
SUBUCENSE OR TRANSFER
THE LICENSE OR
AGREEMENT WITHOUT NET
APRS PRIOR WRITTEN
APPROVAL; ANY ATTEMPT TO
DO SO SHALL BE VOID."
