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, .� . . An actual problem shall be an instance of an Error in the Product or a failure of one or more of the products of Novell delivered with the Product to perform es stated ia its documentation. Liceasor shall act to resolve and correct all actual problems originating in the Product, and shall prompUy communicate with sud diligenUy pursue with Novell, within the scape of Licensor's maintenauce agreements witL Noveit, a resolution and wrrectiou of all actual problems origi¢ating in any of the products of Novell delivered with the Produd. Deficiencies of unknawn origin will be referred initially to Licensot. If Licensar believes in good faith that an actua( problem is attributable to Lardware or to software other than the Product or t6e products of Novell, Licensor shall so noGfy Licensee, with Licensor's reasons for suc6 belief, and Licensee shall refer the acmal problem to the appropriate other wurce for resolution. Licensor shall assist and cooperate futly with Liceosee and any such other source in seeking a resolution of any problem requiring any action by or information from Licensor. In ihe event of a disagreement between Liceosor and any such other source ovu the proper attribution af an actual problem, Licensor s6a11 use its best efforts to reso{ve suc6 disagreement. (b) From time to time, Licensor may develop enhancements to or updated versioas of t6e Product ("Enhancement"). If an Enhancement is made avaiiable by Liceusor during any Program Period during whic6 Licensee is a member of the Program, Liceasor shall notify Licensee in writing of the existence and naturo of the Enhancement and shall make t6e Enhancement available to Licensee in the form of diskettes containing the enhenced ar updated version of the Product, accompanied by installation instructions and an updated wpy of the help file; from time W time Licensor s6a11 provide updated or new pages for the User's Manual to cover suc6 enhancements to or updated versions of the Product. (c) From time to time, Licensor may receive from Novell updated copies of Btrieve pucsuant to the maintenance agreement between Licensor and Novell. If Liceasor has receival an updated copy of Btrieve since the last Correction or the last Enhancement, Liceusor shall include t6e Iatest updatod copy of Btrieve in its aeact Co�rection or Enhaacement, as appropriate. 7. Ownership and Use of the Produd. The only rig6t in t6e Product w6ich is conveyed to Licensee under this Agrcement is the right to use the Produd, with respect to only its own operaUons, in machine readable form on the computer or computers identified in Ezhibit B. '17ie term "use" means copying the Product from stocage media into the cenval processor af t6e computer for processing and ezecuting ihe code. All other rig6t, tiUe and interest in all copies of the Product, including En6ancements, remains ia Licensor as the proptietary informa6on and trade secret of Licensor w6etber or not any portion of We Product is or may be validly copyrighted or patented. In pacticular, but without limitation, this Agreement dces not convey W Licensee or any of its agents or employaes any of the following rights unless the prior written consent thereto of Licensor is obtained: (a) To make any copies of all or any paR of the Product ('includiug documentaGon) on any media other than for purposes of Ltcensce's internal use, back-up, emergency restart, or replacement of inedia et a computer idendfied in Exhibit B; (b) To assigo (whether voluntarily, by operation or law, or otherwise), subliceau, tcansfer or deliver any copies of all or any part of the Product iu any form to any pecson, ficm, cocpocation or other entity of any kind or descciptian; (c) To use the Product for the benefit of any other person, firm, corporation or other wGty of any kind or dcscription, w6et6er as a"service buresu" or in aay other manner; (d) To alter auy poction of the Product in any manner, except with the prior autho�vstion of Licensor, which shall not be unreagonably withheld. 8. Licensce's Responsibilities.