What rights does an Atwell Suites licensee have regarding the use of Curated Solutions?

herent in the early stage of Software development, and that tolerating such defects is the cost of adopting and testing new and unproven technologies. Licensee will provide feedback to IHG on such Proof of Concept Projects so that the technologies may be further developed, refined, and enhanced to better serve Licensee and the IHG Portfolio Brands. IHG may terminate any such Proof of Concept Projects upon reasonable notice to Licensee. IHG HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, FOR THE PROOF OF CONCEPT PROJECTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE PROOF OF CONCEPT PROJECTS ARE PROVIDED "AS IS" AND "WHERE IS".

4. Service Terms.

• 4.1 Right to Use. Licensee will have the non-exclusive right to access and use the Curated Solutions in accordance with and subject to this Master Technology Schedule, the Supplemental Terms, and the Participation Agreements or Order Forms (as applicable).
• 4.2 Restrictions on Use of Curated Solutions. Licensee will use the Curated Solutions solely for Licensee's internal business purposes at the Hotel and only as permitted by this Master Technology Schedule. Licensee will not:
  • 4.2.1 transmit Curated Solutions to any third party or third party network, or permit any third party to access or use the Curated Solutions;
  • 4.2.2 use the Curated Solutions, or any data derived from the Curated Solutions, in a service bureau, time-sharing, multiple CPU, or multiple user arrangement;
  • 4.2.3 copy, reproduce, store, sell, assign, pledge, sublicense, convey, transfer, redistribute, transmit, grant other rights in, or permit any unauthorized use of the Curated Solutions;
  • 4.2.4 prepare derivative works or incorporate the Curated Solutions, in whole or part, into any other system or work;

• 4.2.5 reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the Curated Solutions, in whole or in part;
• 4.2.6 bypass or breach any security device or protection used by the Curated Solutions or access or use the Curated Solutions other than by an authorized user through the use of their own then valid access credentials;
• 4.2.7 input, upload, transmit, or otherwise provide to or through the Curated Solutions, any information or materials that are unlawful or injurious, or contain, transmit, or activate any harmful code;
• 4.2.8 remove, delete, alter, or obscure any trademarks warranties or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from any Curated Solution, including any copy thereof;
• 4.2.9 access or use the Curated Solutions in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party, or that violates any applicable law; or
• 4.2.10 otherwise access or use the Curated Solutions beyond the scope of the authorization granted under this Master Technology Schedule, the Supplemental Terms, and the Participation Agreements or Order Forms (as applicable).

Each of the terms and conditions of this Section will apply to the Curated Solutions jointly as well as to each Curated Solution individually.

• 4.3 Minimum Configuration. IHG will provide a list of Hardware, Software, and network connectivity and configurations required for Licensee's use of the Curated Solutions (the "Minimum Configuration"). IHG may update the Minimum Configuration upon notice to Licensee via IHG's online portal, currently branded as "IHG Marketplace" (as such form or portal may be changed by IHG) from time to time as required by evolving technology and security needs. Licensee is solely responsible for ensuring its Hardware, Software, and network environment meet the requirements of the Minimum Configuration at Licensee's cost.
• 4.4 Noncompliance with Minimum Configuration. Licensee will be solely responsible for any installation and support of any Hardware and/or Software not listed as approved on the Minimum Configuration. All such Hardware and/or Software cannot be installed on the IHG's network and must be installed only on the Hotel's operations network. If IHG determines that such Hardware and/or Software is adversely affecting the performance of the IHG's infrastructure, IHG in its discretion may require such Hardware and/or Software to be removed or disconnected. IHG will have no liability related to lost or damaged data of any kind arising from Licensee's installation and use of such Hardware and/or Software or with respect to any removal or disconnection required by IHG.

5. Fees, Invoicing, and Payments.

• 5.1 For Core Services. Each month, IHG or an Affiliate of IHG will invoice Licensee for the fees associated with the Core Services provided to Licensee in the preceding month in accordance with the License. Licensee will pay the Core Fees in accordance with the payment terms set forth in the License.
• 5.2 For Additional Required Services.

Source: Item 23 — Receipts (FDD pages 99–486)