Tcs Non Disclosure Agreement

2.10 If the authorised website is not directly owned and controlled by the licensee, but with an external infrastructure service provider (hereinafter referred to as “service provider”), the customer shall ensure that the service provider complies with the terms of this agreement. If TCS reasonably requires such a service provider to enter into a confidentiality and protection agreement for the protection of intellectual property with TCS, the licensee shall ensure that such service provider directly complies with an agreement with TCS before the software is made available or installed. Any infringement or misappropriation of TCS` intellectual property rights in or to the Software or any breach of confidentiality obligations by the Licensee`s service provider shall be considered a significant infringement or non-compliance by the Licensee for which the Licensee is responsible. 9.4 The Party shall be liable for any delay or breach of its obligations under this Agreement if and to the extent that such delay or breach is caused by the acts or omissions of the other Party or representatives of the other Party or by a breach of any provision of this Agreement by the other Party. In the event that TCS is delayed or prevented from performing its obligations due to such default or delay on the part of or on behalf of the licensee, TCS shall be granted an additional period of time to perform its obligations and, unless otherwise agreed, the additional period for which TCS delays the performance of its obligations due to such breach or delay or prevented. the party or on behalf of the licensee. Such failures or delays shall be brought to the attention of the lessee and tcS shall, by mutual agreement with the lessee, take the necessary measures to remedy the deficiencies or delays. TCS has the right to charge the lessee additional costs related to the aforementioned correction or correction. 7.1 Between the parties, Licensee acknowledges and agrees that TCS and/or its associated companies and/or their respective licensors own and will retain all intellectual and intellectual property rights in the Software as well as all methods, techniques, tools, utilities or processes used in the creation, development, implementation, application or maintenance of the Software; even if they are manufactured or implemented by or on behalf of the lessee. TCS thus reserves any right that is not expressly granted therein. Under this agreement, no rights are implicitly permitted. For the avoidance of doubts, it is specified that any adaptation of the software, made under this agreement or another agreement, even if carried out by or on behalf of or for the licensee, as well as all intellectual property rights in or on it, notwithstanding all provisions to the contrary of another agreement, will continue to be retained with TCS or its licensors, and use by Licensee is subject to and subject to the terms of this Agreement….

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