shall be the sole property of Telstra.
5.
COVENANTS AND DUTIES OF VISTULA.
5.1
PROVISION OF MARKETING MATERIALS. VISTULA WILL PROVIDE TO TELSTRA,
AT NO COST TO TELSTRA, ELECTRONIC COPIES OF ADVERTISING AND MARKETING MATERIALS
GENERALLY RELEASED BY VISTULA AND NETYANTRA RELATING TO THE PRODUCTS ("MARKETING
MATERIALS") FOR DISTRIBUTION AND USE IN THE TERRITORY. TELSTRA MAY MAKE AND
DISTRIBUTE A REASONABLE NUMBER OF COPIES OF THE THEN-CURRENT VERSIONS OF ANY
MARKETING MATERIALS DELIVERED TO TELSTRA BY VISTULA, PROVIDED THAT TELSTRA SHALL
NOT USE OR DISTRIBUTE ANY MARKETING MATERIALS IDENTIFIED AS RESCINDED BY
VISTULA. TELSTRA MAY MODIFY, REFORMAT OR CREATE ITS OWN MARKETING MATERIALS
RELATED TO THE PRODUCTS, USING VISTULA MARKETING MATERIALS AND INFORMATION.
TELSTRA MAY INCLUDE REFERENCES TO THE PRODUCTS AND TO ITS ROLE AS DISTRIBUTOR ON
ITS WEBSITE..
5.2
PROVISION OF PRODUCTS.
VISTULA SHALL, OR SHALL CAUSE NETYANTRA
TO, INSTALL A COPY OF THE PRODUCTS ON THE SERVER OF TELSTRA IN THE EVENT THAT
TELSTRA INTENDS TO PROVIDE SERVICES TO SERVICE CUSTOMERS OR ON THE SERVER OF A
TELSTRA CUSTOMER IN THE EVENT THAT TELSTRA ELECTS TO SUBLICENSE THE PRODUCTS TO
SUCH TELSTRA CUSTOMER IN ACCORDANCE WITH THIS AGREEMENT.
5.3
NEW VERSIONS. VISTULA AND NETYANTRA MAY FROM TIME TO TIME AND
THEIR SOLE DISCRETION RELEASE A NEW VERSION (THE "NEW VERSION") OF ANY PRODUCT
OR PRODUCTS, WHICH NEW VERSION SHALL SUPERSEDE THE PRIOR VERSION (A "SUPERSEDED
VERSION"). UPON RELEASE OF THE NEW VERSION, VISTULA SHALL PROMPTLY PROVIDE AND
INSTALL, OR CAUSE NETYANTRA TO PROVIDE AND INSTALL, THE NEW VERSION ON A SERVER
AT TELSTRA'S PREMISES AND AFTER A PERIOD OF 12 MONTHS FOLLOWING THE ISSUE OF THE
NEW VERSION, TELSTRA MAY NOT MARKET OR DISTRIBUTE THE SUPERSEDED VERSION WITHOUT
THE PRIOR WRITTEN APPROVAL OF VISTULA.
A "NEW VERSION" SHALL NOT BE A NEW
VERSION UNTIL TELSTRA HAS HAD FULL OPPORTUNITY TO TEST THE NEW VERSION, AND HAS
CONFIRMED IN WRITING TO VISTULA THAT SUCH NEW VERSION IS ACCEPTED AS A NEW
VERSION.
VISTULA WILL CONTINUE TO SUPPORT SUPERSEDED VERSIONS FOR A MINIMUM
PERIOD OF 12 MONTHS FOLLOWING TELSTRA'S ACCEPTANCE OF THE NEW VERSION.
5.4
TRAINING.
VISTULA SHALL PROVIDE OR PROCURE THAT NETYANTRA SHALL
PROVIDE FREE OF CHARGE A TWO-DAY TRAINING SEMINAR TO TELSTRA PERSONNEL ON THE
OPERATION AND CAPABILITIES OF THE PRODUCTS AT TELSTRA'S OFFICES.
VISTULA SHALL
FURTHER PROVIDE AND SHALL PROCURE THAT NETYANTRA SHALL PROVIDE TELSTRA WITH SUCH
ADDITIONAL INFORMATION AND SUPPORT AS MAY BE REASONABLY REQUESTED BY TELSTRA IN
FURTHER UNDERSTANDING THE OPERATION AND CAPABILITIES OF THE PRODUCTS EXCLUDING
ANY INFORMATION REGARDING THE SOURCE CODE, SPECIFIC ALGORITHMS OR OTHER
INFORMATION FORMING THE INTELLECTUAL PROPERTY OF VISTULA OR NETYANTRA.
ADDITIONALLY, VISTULA SHALL PROVIDE OR PROCURE THAT NETYANTRA SHALL PROVIDE FREE
OF CHARGE, A ONE-DAY TRAINING SEMINAR TO TELSTRA PERSONNEL AT TELSTRA'S OFFICES
FOR EACH SIGNIFICANT ENHANCEMENT RELEASE FOR, OR NEW VERSIONS OF, THE PRODUCTS.
TRAINING MAY ALSO BE PROVIDED AT OTHER LOCATIONS BY MUTUAL AGREEMENT OF THE
PARTIES.
FOR THE AVOIDANCE OF DOUBT, TELSTRA SHALL BE RESPONSIBLE FOR THE
TRAVEL, ACCOMMODATION AND OTHER COSTS RELATING TO ITS PERSONNEL