2.1
That the Licensee may use the Test Engine as set out in Annex 1 to this Agreement
for the purpose of testing test cases and GML capability exclusively for the Project. For the avoidance of doubt this Agreement does not grant
any licence to make use of the Test Engine in the course of providing, or offering to provide, a Testing Service
to a third party. Unless
otherwise agreed by The Open Group in writing only The Open Group or its nominee shall be entitled formally to
conduct such tests.
2.2
That the Licensee will not assign, transfer, mortgage, charge, sub-license
or otherwise make over to any third party any of the rights or obligations under this Agreement without the previous
written consent of The Open Group.
2.3
That the Licensee will not update, alter, modify or tamper with the Test
Engine in any way. Test EngineThe Open GroupTest EngineThe Licensee acknowledges that The Open Group will
only recognise the unmodified version as valid for warrantee, support or any other purpose whatsoever.
2.4 That the Licensee will not
copy the Test Engine or any part of it and will ensure that its officers, employees or agents will not do so except
as required for operational security and use, or under the conditions as set out in Annex 1 to this Agreement,
PROVIDED that the Licensee shall maintain an up to date register of the numbers and location of all such copies
made.
2.5 That the Licensee acknowledges
that the Test Engine is proprietary and confidential to The Open Group and/or its head licensor and will use its
best endeavours to prevent its disclosure to, or use by, any third party.
The Licensee may, however, disclose the Test Engine to those of its employees and partners working with
them on the Proejct who reasonably need to have access to them PROVIDED that the Licensee shall have made such
employees and partners aware of the proprietary and confidential nature of the Test Engine, of The Open Group's
interest in same, and of the Licensee's obligations in respect of non-disclosure and use of the Test Engine under
this Agreement, and that such employees shall have undertaken to the Licensee to abide by such obligations.
2.6 That the Licensee will not
remove and will abide by any copyright statements on any part of the Test Engine (or on the computer screen when
the Test Engine is used) and will ensure that such statements appear in their original form on all copies made
(if any) in accordance with sub-clause 2.4 above, and will ensure that its officers, employees and agents comply
with this clause 2.6.
2.7 That the Licensee will not
use, copy or disclose the Test Engine or any information contained in or derived from use of the Test Engine other
than such use, copying or disclosure of the complete the Test Engine as is expressly permitted by sub-clauses 2.1,
2.4 and 2.5 above. The Licensee shall not disclose or make any claim
that a product is conformant or compliant with any specification or standard as a result of running the Test Engine
without the previous written consent of The Open Group.
2.8 That title to the Test Engine
and recording materials and other materials supplied hereunder shall at all times remain with The Open Group and/or
its head licensor. This Agreement is for the grant of a licence of
copyright in the Test Engine and not for the sale or hire of goods.
2.9 Nothing in this Agreement shall
oblige The Open Group to license future developments or improvements of the Test Engine to the Licensee.
