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"Trade Secret" means information that is not generally known or readily ascertainable to the public, has <br />economic value as a result, and has been subject to reasonable steps under the circumstances to maintain <br />its secrecy; <br />..use" or "run" means to copy, install, use, access, display, run or otherwise Interact with; <br />"Volume Licensing Site" means ill:I/www.microsoft.comllicensinglcontracls or a successor site. <br />2. Services, The precise scope of the Professional Services will be specified in a Statement of Services. <br />Customer or any of Customer's Affiliates may enter into Statements of Services under this Amendment with <br />Microsoft's local Affiliates. Microsoft's ability to deliver the Professional Services depends upon Customer's <br />full and timely cooperation, as well as the accuracy and completeness of any information Customer provides. <br />This Agreement does not obligate either party or its Affiliates to enter into any Statements of Services. <br />3. Use, ownership, rights and restrictions. <br />a. Products. Unless otherwise specified in the Enrollment, use of any Product is governed by the Use <br />Rights specific to each Product and verslon and by the lerms of the applicable license agreement. <br />h. Fixes and Services Deliverables. <br />1, Fixes. Each Fix is licensed under the same terms as the Product to which it applies. If the <br />Fix is not provided for a specific Product, any use terms Microsoft provides with the Fix will <br />apply- If no use terms are provided, Customer shall have a non-exclusive, perpetual, Fully <br />paid -up license to use and reproduce the Fix solely for Its Internal business purposes. <br />Customer may not modify, change the file name or combine any Fix with any non -Microsoft <br />computer code, except as expressly permitted in the Agreement. <br />R. Pro -Existing Work. All rights in Pre -Existing Work will remain the sole property of the party <br />providing the Pre -Existing Work. Each party may use, reproduce and modify the other <br />party's Pre -Existing Work only as needed to perform obligations related to Professional <br />Services. <br />W. Services Deliverables. Upon payment In full, Microsoft grants Customer a non-exclusive, <br />non -transferable, perpetual license to reproduce, use and modify the Services Deliverables <br />solely for Customer's internal business purposes, subject to the terms and conditions in this <br />Amendment. <br />Iv. Affiliates' rights. Customer may only sublicense its rights in Services Deliverable$ and <br />Sample Code granted hereunder to Its Affiliates, but Customer's Affiliates may not <br />sublicense these rights. Customer is responsible for ensuring its Affiliates' compliance with <br />this Amendment. <br />c. Non -Microsoft software and technology. Customer is solely responsible for any non -Microsoft <br />software or technology that Customer installs or uses with the Products, Fixes or Services <br />Deliverables, Customer may not install or use non -Microsoft software or technology In any way that <br />would subject Microsoft's intellectual property or technology to obligations beyond those included in <br />this Amendment. <br />d. Sample Code, Upon payment in full, Microsoft grants Customer a non-exclusive, perpetual, non- <br />transferable license to use and modify any Software code provided by Microsoft for the purposes of <br />Illustration ("Sample Code") and to reproduce and distribute the object code form of the Sample <br />Code for Customer's internal business purposes only and not to any unaffiliated third party. <br />e. Restrictions on use. Customer must not (and is not licensed to) (1) reverse engineer, do -compile <br />or disassemble any Product, Fix or Service Deliverable; (2) install or use non -Microsoft software or <br />technology in any way that would subject Microsoft's intellectual property or technology to any other <br />license terms; or (3) work around any technical limitations in a Product, Fix or Services Deliverable <br />or restrictions in Product documentation. Except as expressly permitted in this Amendment or a <br />Statement of Services, Customer must not distribute, sublicense, rent, lease or tend any Product, <br />Fix or Service Deliverable, in whole or in part, or use them to offer hosting services to a third party. <br />AmendmenrApp v4.0 CTM-FWK-CTC-AGR BD <br />Page 2 or 6 <br />