OBLIGATED TO DISCLOSE TO SYMYX SOFTWARE CUSTOMIZATIONS KEPT AS A TRADE
SECRET. TDCC WILL REPORT TO SYMYX THE NUMBER OF USERS OF THE DEVELOPER'S KIT
SOFTWARE, WITHIN * AT THE REQUEST OF SYMYX, BUT NOT MORE FREQUENTLY THAN *.
5.4
SAMPLE CODE.
TDCC MAY USE AND MODIFY THE
SOURCE CODE VERSION OF THOSE PORTIONS OF THE SOFTWARE AND THE DEVELOPER'S KIT
SOFTWARE THAT ARE IDENTIFIED IN THE DOCUMENTATION AS SAMPLE CODE ("SAMPLE
CODE").
TDCC MAY NOT DISTRIBUTE THE SAMPLE CODE, OR ANY MODIFIED VERSION OF THE
SAMPLE CODE, IN SOURCE CODE FORM, EXCEPT AS PROVIDED IN SECTION 5.10, BUT MAY
PROVIDE IT ON A CONFIDENTIAL BASIS TO THIRD PARTIES PROVIDING SERVICES TO TDCC
FOR THE SOLE PURPOSE OF EXERCISING RIGHTS AS SET FORTH IN THIS ARTICLE 5.
5.5
SOFTWARE UPGRADES AND SOFTWARE UPDATES.
SUBJECT TO PAYMENT BY TDCC OF THE APPLICABLE PAYMENTS PURSUANT TO ARTICLE 8,
TDCC AND ITS AFFILIATES TO WHICH RIGHTS HAVE BEEN EXTENDED PURSUANT TO
SECTION 5.10 WILL HAVE THE RIGHT TO INSTALL AND USE ALL SOFTWARE UPGRADES AND
SOFTWARE UPDATES DURING THE PROGRAM TERM.
SOFTWARE UPGRADES AND SOFTWARE
UPDATES SHALL BE PROVIDED PROMPTLY AFTER RELEASE.
Confidential
22
5.6
LIMITED LICENSE.
BY VIRTUE OF THIS ARTICLE,
TDCC ACQUIRES ONLY THE NONEXCLUSIVE RIGHTS TO OPERATE THE SOFTWARE AND
DEVELOPER'S KIT SOFTWARE, AND OWNERSHIP OF SOFTWARE CUSTOMIZATIONS AS SPECIFIED
IN THIS ARTICLE 5 AND TO MAKE COPIES OF THE SOFTWARE AND THE DEVELOPER'S KIT
SOFTWARE AS NECESSARY IN CONNECTION WITH TDCC'S AND ITS AFFILIATES' USE
THEREOF.
ALL OTHER RIGHTS IN THE SOFTWARE AND THE DEVELOPER'S KIT SOFTWARE, AND
ALL TITLE AND INTEREST IN THE SOFTWARE AND THE DEVELOPER'S KIT SOFTWARE, OR
RIGHTS IN PATENTS, COPYRIGHTS, AND TRADE SECRETS IN THE SOFTWARE AND THE
DEVELOPER'S KIT SOFTWARE, INCLUDING THE COPIES OF THE SOFTWARE AND THE
DEVELOPER'S KIT SOFTWARE DELIVERED TO TDCC AND AFFILIATES, SHALL AT ALL TIMES
REMAIN THE PROPERTY OF SYMYX.
IN PARTICULAR, TDCC SHALL NOT ACQUIRE BY VIRTUE
OF THIS ARTICLE 5 ANY RIGHTS IN OR LICENSE TO, EXPRESS OR IMPLIED, PATENTS OR
INTELLECTUAL PROPERTY OWNED OR CONTROLLED BY SYMYX WITH RESPECT TO METHODS OF
CONDUCTING COMBINATORIAL OR HIGH THROUGHPUT RESEARCH OTHER THAN AS EXPRESSLY
DESCRIBED IN THE FIRST SENTENCE OF THIS SECTION 5.6 AND AS EXPRESSLY SET FORTH
IN ARTICLES 6 AND 7. TDCC ACKNOWLEDGES AND AGREES THAT THE FEATURES OF THE
GRAPHICAL USER INTERFACE OF THE SOFTWARE (THE "USER INTERFACE"), INCLUDING,
WITHOUT LIMITATION, ICONS, MENU AND SCREEN DESIGNS, SCREEN LAYOUTS, AND COMMAND
AND SCREEN SEQUENCE, ARE PROPRIETARY TO SYMYX AND ARE ONLY DISCLOSED TO TDCC
UNDER A CONDITION OF CONFIDENTIALITY, PROVIDED THAT TDCC SHALL NOT BE REQUIRED
TO TAKE ACTIONS OUTSIDE ITS NORMAL BUSINESS PRACTICES WITH RESPECT TO THE
VISIBILITY OF SCREENS IN ITS FACILITIES OR RESTRICTIONS ON ACCESS THAT ARE MORE
STRINGENT THAN TDCC TAKES WITH REGARD TO SIMILAR LICENSED SOFTWARE. TDCC AGREES
THAT IT WILL NOT CREATE SOFTWARE PROGRAMS INCORPORATING THE USER INTERFACE OR
ANY PART THEREOF, EXCEPT IN ACCORDANCE WITH SECTIONS 5.2, 5.3 OR 5.4.
TDCC
FURTHER ACKNOWLEDGES THAT THE USER INTERFACE