PROPERTY RIGHTS IN THE GENERIC
SOFTWARE APPLICATION AND THE CUSTOM CLIENT SOFTWARE APPLICATION (EXCEPT TO THE
EXTENT THAT IT CONTAINS ANY OF TRADEMARKS) ARE EXCLUSIVELY VESTED, AND SHALL
REMAIN VESTED, IN WAGERLOGIC AND THAT NO OWNERSHIP INTEREST IN SOFTWARE IS
TRANSFERRED TO ANY OTHER PARTY HERETO BY THIS AGREEMENT.
IN OBTAINING ACCESS TO
THE WAGERLOGIC SYSTEM, THE LICENSEE IS NOT RECEIVING ANY INTEREST IN, OR TITLE
TO,
27
ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO, HARDWARE, SOFTWARE, OPERATING
WAGERLOGIC SYSTEMS, PROFILING TECHNIQUES OR ANY OTHER PROPRIETARY METHODS
EMBODIED IN THE WAGERLOGIC SYSTEM. THE LICENSEE IS PROHIBITED FROM
SUB-LICENSING, RESELLING OR DISTRIBUTING THE SOFTWARE TO ANY THIRD PARTY WITHOUT
THE PRIOR WRITTEN CONSENT OF WAGERLOGIC.
7.2
LICENSEE TRADE MARKS.
WAGERLOGIC ACKNOWLEDGES THAT THE TRADE MARKS
AND THE POKER SKIN IP ARE EXCLUSIVELY VESTED, AND SHALL REMAIN VESTED IN THE WPT
GROUP OR ITS LICENSORS AND THAT NO OWNERSHIP INTEREST IN THE TRADE MARKS OR
POKER SKIN IP IS TRANSFERRED TO THE WAGERLOGIC GROUP BY THIS AGREEMENT.
THE WPT
GROUP HEREBY GRANTS THE WAGERLOGIC GROUP NON-EXCLUSIVE LICENSES FOR THE TERM OF
THIS AGREEMENT TO USE THE TRADEMARKS AND THE POKER SKIN IP SOLELY FOR THE
PURPOSE OF PERFORMING THEIR OBLIGATIONS UNDER THIS AGREEMENT.
**
8.
DATA
8.1
NON-EXCLUSIVE LIMITED LICENSE.
SUBJECT TO THE TERMS, CONDITIONS AND
LIMITATIONS SET FORTH IN THIS AGREEMENT, LICENSEE GRANTS TO WAGERLOGIC, A
NON-EXCLUSIVE, NON-TRANSFERABLE, NON-ASSIGNABLE LIMITED LICENSE FOR THE TERM OF
THIS AGREEMENT TO USE AND PROCESS ANY GAMING DATA AND END-USER NAMES, ADDRESSES
AND E-MAIL ADDRESSES SOLELY FOR THE PURPOSES OF PERFORMING ITS OBLIGATIONS UNDER
THIS AGREEMENT.
28
8.2
OWNERSHIP OF DATA.
EACH OF THE PARTIES TO THIS AGREEMENT
ACKNOWLEDGES AND AGREES THAT IN RELATION TO ANY DATA WHICH IT MIGHT HOLD:
8.2.1
GAMING DATA AND END-USER NAMES.
THE LICENSEE OWNS ALL RIGHT, TITLE
AND INTEREST IN AND TO THE GAMING DATA AND ALL INTELLECTUAL PROPERTY RIGHTS
RELATING THERETO ARE EXCLUSIVELY VESTED IN THE LICENSEE SHALL REMAIN VESTED
THEREIN, AND NO OWNERSHIP OF SUCH DATA IS TRANSFERRED TO ANY OTHER PARTY TO THIS
AGREEMENT.
8.2.2
FINANCIAL DATA.
ALL FINANCIAL DATA AND ALL INTELLECTUAL PROPERTY
RIGHTS RELATING THERETO ARE, AND REMAIN, THE PROPERTY OF WAGERLOGIC.
8.3
WAGERLOGIC WILL PROVIDE THE OTHER PARTIES HERETO (UPON REASONABLE
REQUEST) WITH ACCESS BY ELECTRONIC MEANS TO THE GAMING DATA BY WAY OF REPORTING
TOOLS WITHIN TEN (10) DAYS OF RECEIVING WRITTEN NOTICE OF SUCH REQUEST.
8.4
TERMINATION OR EXPIRATION.
UPON TERMINATION OR EXPIRATION OF THIS
AGREEMENT FOR ANY REASON, THE RIGHTS AND LICENSES GRANTED BY THE LICENSEE HEREIN
SHALL TERMINATE AUTOMATICALLY, AND WAGERLOGIC SHALL IMMEDIATELY CEASE USING THE
GAMING DATA FOR ANY PURPOSE WHATSOEVER.
NOTWITHSTANDING THE FOREGOING, LICENSEE
SHALL BE ENTITLED TO CONTINUED ACCESS TO GAMING DATA FOR A PERIOD OF ONE (1)
MONTH AFTER THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
IF LICENSEE IS
UNABLE, FOR WHATEVER REASON, TO GET ALL OF THE GAMING DATA WITHIN THAT ONE MONTH
PERIOD, LICENSEE MAY PAY WAGERLOGIC'S REASONABLE COSTS TO ACCESS THE GAMING
DATA.
8.5
DATA PROTECTION AND PRIVACY.
IT