(a) The Company grants to the Agency a personal, non-exclusive and non-transferable license to execute, display, and use the Software, including the related Software Documentation, supplied under the terms and conditions of this Agreement solely to process the Agency's data applications and meet its other internal data processing requirements. Such license shall permit the use and the load of the Software not only on the hardware on which the Software is initially installed or which are supplied to the Agency under this Agreement, but also on all other hardware owned or used by the Agency. The Agency may also make copies or adaptations of the Software for archival purposes or when copying or adaptation is an essential step in the use of the Software on a backup device, provided that copies and adaptations are used in no other manner.
(b) If a separate license agreement from the owner of the Software accompanies the Software, then the terms of the separate license agreement will prevail and supersede any agreed license terms between the Parties for that Software.
(c) As the owner of any application Software developed by the Company for the Project, the Agency may cause to modify it or combine it with such other programs or materials to form an updated work. The Agency will not modify Software that bears a copyright notice from any third party (other than the Company) without the express written agreement of the copyright owner.
(d) The Agency shall have the right of perpetual use to all licensed Software included in the New ICT Services and Facilities if not owned by the Company. For Software owned by third parties, the Company will transfer to the Agency the right to use the Software on the Termination Date. Such transfer will be covered by a license transfer agreement with the licensed Software owner.
(e) This Agreement does not transfer to the Agency title to any Intellectual Property Rights contained in any pre-existing or licensed Software, documentation or proprietary information belonging to third parties.