1.2 Title to Service or Software: No ownership of the Services or Software or any part thereof, the information contained therein, or any rights applicable thereto, such as patents, copyrights and trade secrets, will be transferred to you. Any reference to the „sale“, „purchase“ or „subscription“ of the Services or Software will be deemed a „right of use or access and license under the terms and conditions contained in this Agreement“. Vidyo treats the information contained in the Services or Software owned or created by Vidyo as a trade secret of Vidyo and any third-party services or software licenses that Vidyo may resell to you as trade secrets of such third-party licensor. You agree to treat the Services or Software as confidential information and to use the same level of care with which you protect your own confidential information. Except as otherwise provided herein or with Vidyo`s written permission, you will not make the Services or the Software or any part or copy thereof available, transmit or otherwise make available to third parties, reverse engineer, compile or reassemble the Services or software, in whole or in part, or attempt to derive the source code from it. modify, adapt, translate or create derivative works of the Services or software or updates or any part thereof. 1.3 Restrictions: You may not publish, display, disclose, sell, rent, rent, lease, lend or distribute the Services or the Software or any part thereof. You may not assign, sublicense, transfer or otherwise transfer, pledge or otherwise encrypt any rights and licenses granted hereunder with respect to the Services or software. You may not market, co-brand or otherwise permit any third party to link to the Services or the Software or any part thereof. You may not use the Services or the Software, or any part thereof, in connection with the operation of a Service Desk or for the benefit of any other person or entity. You may not cause, support or permit any third party to perform any of the Work. 5.2 You may terminate this Agreement and the License at any time by destroying all copies of the Software and Documentation.
5.1 This Agreement and the license granted herein shall survive their termination as specified in the applicable Order or in this Section. 1.5 Third Party Services or Software: Certain Third Party Services or Software (including certain integrated services or software) is licensed only in accordance with the Express License Terms („Third Party EULA“) provided under www.Vidyo.com/legal/agreements.html. Any third-party service or software is limited for use only in connection with applicable services or software intended by Licensor to be used with or with which Vidyo provides third-party services or software, and may not be used with other products or on a stand-alone basis. In no event shall Vidyo be liable for any damages resulting from loss of use, data, profits or business, or punitive, exemplary, special, direct, indirect, incidental or consequential damages, whether under contract, tort or other legal theory. Vidyo is limited to the purchase price you paid for the Services or software as part of the specific order in connection with the Claim during the preceding six (6) month period. Vidyo assumes no responsibility for customer-specific application programs. No action arising out of this Agreement or any transaction under this Agreement may be brought by either party more than three (3) months after the cause of action arose, except for a claim for non-payment. 6.10 Entire Agreement: This Agreement is the entire agreement of the parties with respect to the subject matter hereof. This Order, the definition of the terms used herein and the interpretation of this Order shall be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflict of law provisions.
In the event that the parties reside in different countries, „any controversy or claim arising out of or in connection with this Agreement or its breach shall be resolved by arbitration administered by the International Dispute Resolution Centre („ICDR“) in accordance with its International Arbitration Rules, and judgment on the arbitrator`s award shall be binding and may be rendered by any competent party. Court of First Instance. The place of arbitration shall be the United Kingdom. The arbitration shall be conducted in English by an arbitrator mutually acceptable to the parties and selected in accordance with the ICDR International Arbitration Rules. The arbitrator shall not be entitled to award punitive damages or damages excluded by this Agreement. 1.1 Rights Granted to You: Vidyo grants you a non-exclusive, non-transferable license to access, install, use and perform the Services or Software in object code form on the basis of a license, such services or software are limited to the Website(s), number of nodes, concurrent users, agents, to clients, servers, ports, devices, managed applications. and/or copies, as applicable for the services or software received. The Services or Software will be effective upon delivery of the Services or Software and will remain in effect unless terminated under this Agreement. This right does not include permission to sublicense or transfer such rights.
You may not reverse engineer, disassemble or otherwise translate any services or software provided under this Agreement. Vidyo or a third party (if any) owner of the Services or Software retains exclusive ownership and all rights in the Services or Software. You acknowledge that the Services or software and documentation are the property of Vidyo and that the only right you have in the Services or Software is the right to use in accordance with the terms of this Agreement. Vidyo reserves the right to confirm electronically that the Services will be used in accordance with these Terms and in amounts purchased from Vidyo. 6.8 Software Maintenance and Support: You must purchase maintenance and support services in order to use the License(s)….