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(c) reproduce the Licensed Software solely as (f) Other License Types. If the License Type is of
<br /> necessary to facilitate its installation, configuration, and a kind not described above, the Licensed Software may be
<br /> use as authorized above. installed and used only to the extent and for the
<br /> 2.2 Scope of Use. Unless otherwise expressly
<br /> purpose(s)expressly described in the Sales Order.
<br /> agreed in the Sales Order, the Licensed Software may be 2.3 Use by Representatives. The license rights
<br /> installed only on servers owned or controlled by Licensee, granted above will extend to Licensee's employees,
<br /> configured and used only for Licensee's internal business agents, consultants, and independent contractors, but
<br /> or organizational purposes, and accessed only on solely to the extent they are acting on Licensee's behalf
<br /> compatible devices via the web-based or other interface(s) and otherwise comply with the terms and conditions of this
<br /> enabled and documented by Novotx. The scope of Agreement. Licensee will be responsible for all of such
<br /> Licensee's permitted installation and use of the Licensed persons' acts and omissions in relation to the Licensed
<br /> Software is further limited based on the License Type, as Software as if they were Licensee's own acts and
<br /> follows. omissions.
<br /> (a) Production License. If the License Type is a 2.4 License Limits. Licensee acknowledges that the
<br /> production license. the Licensed Software may be pricing of the license granted under this Agreement is
<br /> installed and used only: (i) on one server for production based in part on the License Limits set forth in the Sales
<br /> use; (ii) on one server solely for non-production staging Order.
<br /> and testing purposes; and (iii) on one server solely for
<br /> backup or emergency fail-over purposes (to be used only (a) User Limits. Any stated limit on the number of
<br /> if and when the primary production server is unavailable). users indicates the maximum number of individuals who
<br /> may at any time possess login credentials to access or
<br /> (b) Non-Production Licenses Generally. If the use the Licensed Software under Licensee's license.
<br /> License Type is not a production license, the Licensed Multiple individuals may not share the same login
<br /> Software may not be installed or used in a production credentials.
<br /> environment. but may be installed and used only: (i) on
<br /> one server solely for the kind(s)of use that are associated (b) Organizational Units. If the Sales Order
<br /> with the specific non-production License Type, as set forth indicates that the license is for use by or for any particular
<br /> below; and (ii) on one server solely for backup or organizational unit(s) (for example. a department or
<br /> emergency fail-over purposes (to be used only if and when division within Licensee's organization), then the license
<br /> the primary server is unavailable). granted hereunder extends only to use by or for (as the
<br /> case may be)such organizational unit(s).
<br /> (c) Beta or Evaluation. A beta and/or evaluation
<br /> License Type allows Licensee to test and evaluate the (c) Organization Size. Any stated limit on the size
<br /> Licensed Software in a non-production environment in of Licensee's organization or applicable organizational unit
<br /> order to: (i) identify issues in the Licensed Software and shall, unless otherwise provided in the Sales Order, refer
<br /> provide feedback to Novotx; and/or (ii) assess whether to to the total number of individuals employed by or
<br /> procure a production license from Navotx, otherwise regularly working within that organization or
<br /> organizational unit.
<br /> (d) Development. A development License Type (d) Increasing License Limits. If any change(such
<br /> allows Licensee to use the Licensed Software in a non-
<br /> production environment directly in support of Licensee's as any increase in the number of users or growth of
<br /> development and testing of its own software applications Licensee's organization) would cause the License Limits
<br /> or services that interface or interoperate with the Licensed to be exceeded, then in order to continue using the
<br /> Software. For clarity, a development License Type does Licensed Software, Licensee must increase the License
<br /> not include or imply any rights to reverse engineer or Limits commensurate with those changes, by executing a
<br /> create derivative works of the Licensed Software. new or revised Sales Order with Novotx and paying the
<br /> corresponding additional fees that are then in effect.
<br /> (e) Demonstration. A demonstration License Type
<br /> allows Licensee to use the Licensed Software in a non- 2.5 Restrictions. Licensee acknowledges that the
<br /> production environment to demonstrate the Licensed Licensed Software and its structure, organization. and
<br /> Software and, if combined with a development License source code constitute valuable trade secrets of Novotx
<br /> Type, to demonstrate Licensee's own software and its licensors. Except as expressly permitted by this
<br /> applications or services that interface or interoperate with Agreement. Licensee agrees that Licensee shall not, and
<br /> the Licensed Software, in each case for the purpose of shall not permit any third party that acquires access
<br /> directly or indirectly encouraging third parties to license through its relationship with Licensee, to: (i)modify, adapt,
<br /> the Licensed Software from Novotx or its authorized alter, translate, or create derivative works of the Licensed
<br /> channel partners. For clarity, a demonstration License Software; (ii) sublicense, distribute, sell, use for service
<br /> Type does not include or imply any license rights under bureau use, lease, rent, loan, or otherwise transfer the
<br /> Novotx's trademarks, or any rights to sublicense or Licensed Software to any third party; (iii)reverse engineer,
<br /> distribute the Licensed Software. Licensee will make no decompile, disassemble, or otherwise attempt to derive
<br /> representations. warranties, or other statements regarding the source code for the Licensed Software (except to the
<br /> the Licensed Software that are inconsistent with Novotx's extent, if any, that applicable law prohibits restrictions on
<br /> published literature or that state or imply any endorsement such activities); (iv) remove, alter, cover or obfuscate any
<br /> by Novotx or any authority to speak or act on Novotx's copyright notices or other proprietary rights notices
<br /> behalf. included in the Licensed Software; or(v)otherwise install,
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