PAR Technologies PARASTATION5 V5 - Manual (Page 91)

ParaStation5 Administrator's Guide 87
§ 6 Grant-Back
1. Licensee grants ParTec for Modifications being severable improvements a nonexclusive, perpetual,
irrevocable, worldwide and royalty-free license, and for Modifications being non-severable improvements
an exclusive, perpetual, irrevocable, worldwide and royalty-free license to
a. use, reproduce, modify, display, prepare derivative works of and distribute its Modifications and
derivative works thereof, in whole or in part, in source code and object code form, as part of the
Software or other technologies based in whole or in part on Base Version Code or Technology;
b. use, reproduce, modify, display, prepare derivative works of and distribute Licensee's documentation
of its Modifications;
c. sublicense any of the foregoing through multiple tiers of distribution
2. As far as the license granted in section §6(1) covers Licensee's patents and patent applications, Licensee
grants ParTec a non-exclusive, perpetual, irrevocable, worldwide and royalty-free license.
§ 7 Procedure against Infringers
Licensee shall promptly inform ParTec about infringement acts related to the Software, particularly about
offers and distribution of piracy copies.
§ 8 Trademarks and Source Indication
Licensee does not have the right, except in the copyright notice, to use the company name or any trademark
of ParTec. Licensee may, however, in the usual way refer to the fact that Licensee uses ParTec's Software.
§ 9 Exclusion of Liability
1. ParTec is not liable for errors and does not guarantee the specific utility of the Technology for Licensee's
purpose. In particular, ParTec is not liable for indirect or subsequent damages due to errors of the
licensed Software.
2. ParTec is not aware of any rights of third parties which would oppose University Use or Commercial
Use. ParTec is not liable however for the licensed Software and the licensed Know-how being free of
rights of third parties.
3. If Licensee is accused by third parties of infringing intellectual property rights due to the use of the
licensed Software or the licensed Know-how, ParTec promises to provide Licensee with information and
documents in defense against such claims as far as ParTec is able to do so without breach of third party
obligations and while maintaining its own confidentiality interests. All costs involved in such activities
shall be borne by Licensee.
§ 10 Duration
1. If licensee solely makes University Use of the licensed Software and Know-how, this agreement is
entered into for a duration of 1 year. It is extended year by year unless it is terminated 6 months
beforehand by one of the parties.
2. For licensees, which make Commercial Use of the licensed Software or Know-how, this agreement
is entered into for a duration of three (3) months only. Licensee acknowledges that he may only take
advantage of this license for Commercial Use once. For any subsequent retrieval of the Software,
licensee needs to obtain a separate License from ParTec.
§ 11 Termination
1. A termination for cause is possible particularly in the case of one of the following reasons.
a. A breach by the Licensee of one of the obligations under this agreement and the fruitless expiration
of a period of 10 days after warning by ParTec.
b. Beginning of bankruptcy or receivership proceedings relating to the property of the other party.
c. An essential change in the control over the other party, in particular merger or major control by a
third company.