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d. Transfer Rights. The Software will be installed initially on Licensee's Designated
Computer(s) set forth in Exhibit A. Licensee may thereafter transfer the Software to
another one of its computers of the same machine architecture, provided that the
Software is installed on one (1) Designated Computer at a time, b) is covered under a
current maintenance support plan with ADIC, and c) provides ADIC with written
notice thirty (30) days prior to the transfer. If Licensee transfers the Software to a
machine of a different architecture, Licensee may be subject to a transfer fee.
e. US Government Rights. If the Licensee is the United States government, Licensee
understands and agrees that ADIC Software and documentation are provided as
"Commercial Items" as defined at 48 CFR 2.101 and are being licensed to U.S.
Government end users consistent with 48 CFR 12.212.
Price and Payment
Licensee will make payment to ADIC for the Software license pursuant to those fees set
forth in the agreement of the parties. The Licensee must pay any such fees within thirty
(30) days of the date of ADIC's invoice.
Software Ownership and Protection
a. ADIC's Warranty. ADIC warrants that it is the owner of the Software and all portions
thereof, except for any embedded third party software for which ADIC holds a license
that is not inconsistent with the license granted under this agreement, and that it has
the right to modify the Software and to grant this License for its use.
b. Title to Software. The Software and all copies thereof (except for any embedded third
party software) are proprietary to ADIC and title thereto remains in ADIC. All
applicable rights to patents, copyrights, trademarks, trade secrets or other proprietary
rights in the Software and any modifications made at Licensee's request are and will
remain in ADIC.
c. Restrictions. Licensee will not itself or permit others to:
i. sell, sublicense, transfer, publish, disclose, display, provide access via a network or
otherwise make or allow available the Software or any copy thereof, in any form
whatsoever, to others;