![]() ![]() You may disclose Confidential Information to your employees, but only to the extent they have a need to know to test the Promotional Software and you have advised them that such information is Confidential. You will hold such Confidential Information in strict confidence and not use or disclose the Confidential Information, in whole or in part, except as expressly permitted in this Agreement. Confidential Information may include information relating to features, functionalities, improvements, code, pricing, business strategies, product roadmaps, development plans, marketing materials, data sets, customer lists or other proprietary third-party information. You agree to hold the Promotional Software (including all intellectual property rights therein, such as any patents, inventions, copyrights, design rights, trade secrets and know-how) and any related information (“Confidential Information”), whether in oral or written form, confidential. Any violation of this Section shall be a material breach of this Agreement subject to immediate termination of this Agreement for which no notice from Splunk shall be required.Ĥ. ![]() Any consultant, contractor, or agent hired to perform services for you may operate the Promotional Software on your behalf under these terms and conditions, provided that: (a) you are responsible for ensuring that any such third party agrees to abide by and fully comply with the terms of this Agreement on the same basis as applicable to you (b) such use is only in connection with your Internal Purposes (c) such use does not represent or constitute an increase in the scope of the licenses provided hereunder and (d) you remain fully liable for any and all acts or omissions by such third parties related to this Agreement. ![]() Except as expressly authorized in this Agreement or by Splunk, you will not, and will not permit any third party to: (i) use the Promotional Software for any other purposes other than the Internal Purposes (including for any competitive analysis, commercial, professional, or other for-profit purposes) (ii) copy the Promotional Software (except as required to run the Promotional Software and for reasonable backup purposes) (iii) modify, adapt, or create derivative works of the Promotional Software (iv) rent, lease, loan, resell, transfer, sublicense or distribute the Promotional Software to any third party (v) use or offer any functionality of the Promotional Software on a service provider, service bureau, hosted, software as a service, or time sharing basis (vi) decompile, disassemble or reverse-engineer the Promotional Software or otherwise attempt to derive the Promotional Software’s source code, algorithms, methods or techniques used or embodied in the Promotional Software (vii) disclose to any third party the results of any benchmark tests or other evaluation of the Promotional Software, or (viii) remove, alter, obscure, cover or change any trademark, copyright or other proprietary notices, labels or markings from or on the Promotional Software. IF YOU ARE UNWILLING TO AGREE TO THIS AGREEMENT, OR YOU DO NOT HAVE THE RIGHT, POWER AND AUTHORITY TO ACT ON BEHALF OF AND BIND YOUR BUSINESS, DO NOT INSTALL, DOWNLOAD, ACCESS, OR OTHERWISE USE THE PROMOTIONAL SOFTWARE, AND CANCEL THE LOADING OF THE PROMOTIONAL SOFTWARE.ģ. IN THAT EVENT, "YOU" AND "YOUR" REFER HEREIN TO THAT BUSINESS. IF YOU AGREE TO THESE TERMS ON BEHALF OF A BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER AND AUTHORITY TO BIND THAT BUSINESS TO THIS AGREEMENT, AND YOUR AGREEMENT TO THESE TERMS WILL BE TREATED AS THE AGREEMENT OF THE BUSINESS. ANY OTHER AGREEMENTS YOU MAY HAVE ENTERED INTO WITH SPLUNK REGARDING SUCH OTHER SPLUNK PRODUCTS OR SERVICES REMAIN IN FULL FORCE AND EFFECT AS THEY RELATE TO SUCH PRODUCTS OR SERVICES. NOTE: THIS AGREEMENT GOVERNING THE PROMOTIONAL SOFTWARE IS THE ONLY AGREEMENT REGARDING THE PROMOTIONAL SOFTWARE AND SHALL SUPERSEDE ANY OTHER TERMS OF USE OR LICENSE AGREEMENT THAT YOU MAY HAVE ENTERED INTO WITH SPLUNK REGARDING OTHER SPLUNK PRODUCTS OR SERVICES. BY ACCESSING OR USING THE PROMOTIONAL SOFTWARE YOU INDICATE YOUR AGREEMENT AND CONSENT TO BE BOUND BY THIS AGREEMENT. ![]() THIS HUNK PROMOTIONAL SOFTWARE LICENSE AGREEMENT (THIS “AGREEMENT”) GOVERNS YOUR USE OF THE PROMOTIONAL SOFTWARE (DEFINED BELOW) PROVIDED BY SPLUNK INC., AND/OR ITS AFFILIATES ("SPLUNK”). SPLUNK HUNK PROMOTIONAL SOFTWARE LICENSE AGREEMENT ![]()
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