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(5) Upgrade "Upgrade" means a major-scale release of a product with introduction of a new function or improvement in the key functionality of the Software. Except as specified in this Agreement, the Client may not provide any third party the whole or part of functions of the Software, nor may the Client receive from any third party a consideration for the use of the Software, no matter what the purpose of use is.
Release of an Upgrade may be confirmed by a change of the figure before the decimal point of the version number. Six Apart shall be entitled to determine whether the use by the Client is pursuant to this Agreement or not.
Six Apart shall retain all rights pertaining to the Software (including all intellectual property rights), as well as all rights pertaining to the Software which are not specifically licensed under this Agreement. Production of Duplicates The Client may duplicate the Software in any readable forms, in the minimum number necessary only for the backup purpose; provided, however, that, such duplication of the Software shall be made in the same form as the original and with an indication of the authorized person.
The use of the Software shall be limited to the number of Users and the number of Servers set forth in this Agreement. For the avoidance of doubt, any rights to the Software not specifically licensed hereunder shall be reserved by Six Apart. Technical Support, Maintenance (1) Technical supports for the Software shall be provided by a partner company of Six Apart for value.
In such cases, considerations having been paid for the Software and technical supports shall not be refunded for any reason whatsoever. (6) The Client may not assign, transfer, pledge or otherwise dispose of its contractual status or rights or obligations under this Agreement without prior written consent of Six Apart, and any assignment, transfer, pledge or other disposition contradicting the above shall be invalid.