How to know what Product Use rights apply.
Except as otherwise described below, an Enrolled Affiliate's Use of any Product that it licenses from us is governed by Product Use rights specific to each Product and version. The Product Use rights applicable to Products licensed under each Enrollment are set forth in the EULAs associated with such Products and include the following:
- a. For latest versions Available as of an Enrollment effective date. For the latest version of any Product available on or before the Enrollment effective date, the Product Use rights in effect on the Enrollment effective date for that Product and version apply.
- b. For versions and Products that become available after an Enrollment effective date. For any version of any existing Product, or any new Product, first made available after the Enrollment effective date, the Product Use rights in effect on the date on which the version or Product first becomes available apply (subject to our commitment on Use rights below).
- c. For versions of a Product that predate the latest version available as of an Enrollment effective date. If an Enrolled Affiliate is using a version of any Product licensed under its Enrollment that became available prior to the version that was current on the Enrollment effective date, the Enrolled Affiliate's Use of the earlier version will be governed by the Product Use rights that would apply if the Enrolled Affiliate were using the version licensed under the Enrollment, or in the case of a SLA in effect, the latest version that is or becomes available at any time during its Enrollment.
- d. KEPION's commitment on Use rights. For all Products Use rights fixed by version. We will not change an Enrolled Affiliate's Product Use rights under this Agreement for any version of a Product after it becomes available to that Enrolled Affiliate under its
(i) For new versions made available during the initial Enrollment term. If we make available a new version of any Product during the initial Enrollment term and that new version is subject to certain Use rights that are more restrictive than those that applied to a prior version under an Enrollment that was or became available during the initial Enrollment term, the Enrolled Affiliate may Use that new version without being subject to the more restrictive Use rights and instead the prior Use rights shall apply.
- (ii) For new versions made available during each renewal term. Upon each renewal of Software Support for a Product, an Enrolled Affiliate's Use of that Product will be governed by the Use rights that apply to the latest version of that Product Available as of the date of that renewal, including any terms that are more restrictive than those that applied to a previous version of that Product licensed by that Enrolled Affiliate under its Enrollment during the preceding term. However, if during a renewal term we make available a new version of that same Product with certain Use rights more restrictive than those Use rights that applied to a prior version licensed under an Enrollment that was or became available during that same term, the Enrolled Affiliate may run the new version without being subject to the more restrictive Use rights and instead prior Use rights shall apply.
- (iii) New features or functionality. The right described in subsections (i) and (ii) above does not apply to Product Use rights that relate specifically to new features or functionality added to a new version. We will provide each enrolled affiliate with a copy of the applicable product use rights or will make them available either by publication on the World Wide Web at http://www.KEPION.com/licensing or at a successor site that we identify, or by some other reasonable means. We do not transfer any ownership rights in any licensed Product, including without limitation any copyrights or invention rights or other intellectual property or proprietary rights of any kind, and we reserve all rights not expressly granted.