Keywords: ownership, intellectual property rights, EQuIS™, confidentiality, license, license use, compliance, database modification
EarthSoft retains all ownership and intellectual property rights to EQuIS™ and all associated EarthSoft developed programs. EarthSoft retains all ownership and intellectual property rights to anything developed and delivered by EarthSoft for EQuIS™ software resulting from services. Third party technology that may be appropriate or necessary for use with some EQuIS™ programs is specified in the program documentation. Such third party technology is licensed to you under the terms of the third party technology license agreement as therein provided by such third party , or if included herewith, as specified in the program documentation.
EQuIS™, including the relational database structure and all associated software, documentation and information are proprietary business trade secrets of EarthSoft, Inc.; this is “Confidential Information” entitled by law to protection. You may not disclose to any third party or use in any manner, directly or indirectly, any such Confidential Information either during the term of this License or thereafter except as expressly authorized by the License; all authorized disclosures of such Confidential Information must obligate the recipient to this same or greater degree of care in regards to protecting the confidentiality of such disclosure. This does not apply to information that was generally known to the public at the time of receipt by the Licensee or that is made available to the general public by EarthSoft. Unauthorized distribution of an EQuIS™ database is a violation of this obligation. EQuIS™ login credentials are Confidential Information unique to each User and may not be shared.
Specific terms and conditions contained in a fully executed superseding agreement may apply; seek legal guidance if you are unsure of your obligations. For the standard terms and
conditions of the EQuIS™ Mutual Non-Disclosure Agreement, refer to the document located at http://help.earthsoft.com/default.asp?W3161.
LICENSE USE NOTICE
EQuIS™, including access to the relational database, and all associated software, documentation and information are commercial software products LICENSED exclusively by EarthSoft, Inc.; the terms and conditions of the license grant, including the specific product license types and entitlements are detailed in the executed contract documents, which typically include the EQuIS™ End User License Agreement (EULA). The current version of the EQuIS™ EULA is located at http://help.earthsoft.com/default.asp?W3158 and it is applicable to all license use except as specifically modified by a properly executed superseding agreement with EarthSoft, Inc. The terms and conditions of any such superseding agreement shall govern accordingly, but only to the extent therein specified; all non-superseded provisions of the current EarthSoft End User License Agreement shall remain in full force and effect.
DATABASE MODIFICATION COMPLIANCE REQUIREMENTS NOTICE
Licensee modifications to the EQuIS™ database must conform to certain development criteria and protocol as is explicitly described in the document located at http://help.earthsoft.com/default.asp?W3162. Failure to follow these requirements may result in compatibility problems with your software that are outside of the scope of the EarthSoft Software Maintenance Agreement support services. Please exercise due care and caution; if you are in doubt, please contact Help Desk for guidance.