Common use of DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS Clause in Contracts

DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. Copying Restrictions - You may make a single copy of the Product for backup and archival purposes. Each copy shall include in readable format any and all proprietary and copyright notices contained on the original. Limitations on Reverse Engineering, Decompilation, and Disassembly - You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law not withstanding this limitation. Separation of Components - The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one Computer. Rental or Lease - You may not rent or lease the SOFTWARE PRODUCT. You may not sub-rent or sublease the SOFTWARE PRODUCT or charge, require payment for or sell the SOFTWARE PRODUCT or use of the SOFTWARE PRODUCT. User Interface - You may not incorporate a graphical user interface or any interface of any kind in conjunction with the SOFTWARE PRODUCT. Combination of Components - In conjunction with the prohibition against separation of components of the SOFTWARE PRODUCT, noted above, You may not create or add components to be used in combination with the SOFTWARE PRODUCT, if any purpose of such combination is to package, repackage, sell, resell, rent, sub-rent, lease or sublease any portion of the SOFTWARE PRODUCT to any third party to this ISLA. Prevention of Unauthorized Use - You shall not knowingly permit anyone to use any portion of the SOFTWARE PRODUCT, (a) for the purpose of deriving its source code, or (b) for purposes other than as authorized in this ISLA. END-USER COMPLIANCE - You agree to use all reasonable efforts to ensure that persons employed by You or under Your direction and control abide by the terms and conditions of this ISLA. In the event that You become aware that the SOFTWARE PRODUCT is being used by such persons in a manner not authorized by this ISLA, You shall immediately notify Investintech in writing of such facts and You shall immediately use all reasonable efforts to have such unauthorized use of the SOFTWARE PRODUCT immediately cease, and to recover any copies of the SOFTWARE PRODUCT that were made in violation of this ISLA. Third Party Software - The SOFTWARE PRODUCT and its component parts are protected by Copyright and other proprietary rights of Investintech and one or more third party software vendors. You may be held directly responsible by such vendors for acts relating to the SOFTWARE PRODUCT’s component parts that are not authorized by this ISLA. To the maximum extent permitted by law, You waive all claims and causes of action against such third party software vendors that arise under this ISLA or in connection with Your use of, or inability to use the SOFTWARE PRODUCT or its components. No such third party software vendors will have any liability of any kind to You in connection with any such claims or causes of action. Software Transfer - You may permanently transfer all of Your rights under this ISLA, provided You retain no copies, You transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades and this ISLA), and the recipient agrees to the terms of this ISLA. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT.

Appears in 7 contracts

Samples: License Agreement, License Agreement, License Agreement

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DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. Copying Restrictions - You may make a single copy of the Product SOFTWARE PRODUCT for backup and archival purposes. Each Such copy shall include in readable format any and all proprietary and copyright notices contained on the original. Other than as contained in this agreement You may not copy the SOFTWARE PRODUCT, including any documentation. All such copies of the SOFTWARE PRODUCT are the proprietary information of Investintech and its suppliers and are subject to their copyrights. Title – Investintech and its suppliers retain all title to the SOFTWARE PRODUCT, and all copies thereof, and no title to the SOFTWARE PRODUCT, or any intellectual property in the SOFTWARE PRODUCT, is transferred to You. Limitations on Reverse Engineering, Decompilation, and Disassembly - You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only or otherwise attempt to derive source code from the extent that such activity is expressly permitted by applicable law not withstanding this limitationSOFTWARE PRODUCT. Separation of Components - The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one Computer. Rental or Lease - Transfer – You may not rent rent, lease, sublicense or lease the SOFTWARE PRODUCT. You may not sub-rent otherwise transfer all or sublease any portion of the SOFTWARE PRODUCT or charge, require payment for or sell the SOFTWARE PRODUCT or use authorize any Use of the SOFTWARE PRODUCTby any other person except as expressly permitted hereby. User Interface - You may not incorporate a graphical user interface or any interface of any kind in conjunction with the SOFTWARE PRODUCT. Combination of Components - In conjunction with the prohibition against separation of components of the SOFTWARE PRODUCT, noted above, You may not create or add components to be used in combination with the SOFTWARE PRODUCT, if any purpose of such combination is to package, repackage, sell, resell, rent, sub-rent, lease or sublease any portion of the SOFTWARE PRODUCT to any third party to this ISLAXXXX. Prevention of Unauthorized Use - You shall not knowingly permit anyone to use any portion of the SOFTWARE PRODUCT, (a) for the purpose of deriving its source code, or (b) for purposes other than as authorized in this ISLAXXXX. END-USER COMPLIANCE - You agree to use all reasonable efforts to ensure that persons employed by You or under Your direction and control abide by the terms and conditions of this ISLAXXXX. In the event that You become aware that the SOFTWARE PRODUCT is being used by such persons in a manner not authorized by this ISLAXXXX, You shall immediately notify Investintech in writing of such facts and You shall immediately use all reasonable efforts to have such unauthorized use of the SOFTWARE PRODUCT immediately cease, and to recover any copies of the SOFTWARE PRODUCT that were made in violation of this ISLAXXXX. Notwithstanding any other form hereof, You will at all times remain responsible and liable for, and shall indemnify Investintech against any damages or claims arising out of or related to, any breach of this XXXX by any authorized or unauthorized User of the SOFTWARE licenses to You hereunder. Third Party Software - The SOFTWARE PRODUCT and its component parts are protected by Copyright and other proprietary rights of Investintech and one or more third party software vendorsvendors who are intended beneficiaries of this XXXX. You may be held directly responsible by such vendors for acts relating to the SOFTWARE PRODUCT’s component parts that are not authorized by this ISLAXXXX. To the maximum extent permitted by law, You waive all claims and causes of action against such third party software vendors that arise under this ISLA XXXX or in connection with Your use of, or inability to use the SOFTWARE PRODUCT or its components. No such third party software vendors will have any liability of any kind to You in connection with any such claims or causes of action. Software Transfer - You may permanently transfer all of Your rights under this ISLA, provided You retain no copies, You transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades and this ISLA), and the recipient agrees to the terms of this ISLA. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT.

Appears in 1 contract

Samples: License Agreement

DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. Copying Restrictions - You may make a single copy Not For Resale Software If the SOFTWARE PRODUCT is labeled "Not For Resale" or "NFR," then, notwithstanding other sections of this XXXX, your use of the Product SOFTWARE PRODUCT is limited to use for backup demonstration, test, or evaluation purposes and archival purposesyou may not resell, or otherwise transfer for value, the SOFTWARE PRODUCT. Each copy shall include in readable format any and all proprietary and copyright notices contained on the original. · Limitations on Reverse Engineering, Decompilation, and Disassembly - You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law not withstanding notwithstanding this limitation. · Separation of Components - The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one Computercomputer. · Rental or Lease - You may not rent rent, lease or lease lend the SOFTWARE PRODUCT. You · Trademarks This XXXX does not grant you any rights in connection with any trademarks or service marks of iS3. · Support Services iS3 may not sub-rent or sublease provide you with support services related to the SOFTWARE PRODUCT or charge("Support Services"). Use of Support Services is governed by the iS3 polices and programs described in the user manual, require payment for or sell the SOFTWARE PRODUCT or use in "on line" documentation and/or other iS3-provided materials. Any supplemental software code provided to you as part of the SOFTWARE PRODUCT. User Interface - You may not incorporate a graphical user interface or any interface of any kind in conjunction with the SOFTWARE PRODUCT. Combination of Components - In conjunction with the prohibition against separation of components of the SOFTWARE PRODUCT, noted above, You may not create or add components to Support Services shall be used in combination with the SOFTWARE PRODUCT, if any purpose of such combination is to package, repackage, sell, resell, rent, sub-rent, lease or sublease any portion considered part of the SOFTWARE PRODUCT and subject to any third party to this ISLA. Prevention of Unauthorized Use - You shall not knowingly permit anyone to use any portion of the SOFTWARE PRODUCT, (a) for the purpose of deriving its source code, or (b) for purposes other than as authorized in this ISLA. END-USER COMPLIANCE - You agree to use all reasonable efforts to ensure that persons employed by You or under Your direction and control abide by the terms and conditions of this ISLAXXXX. In With respect to technical information you provide to iS3 as part of the event that You become aware that the SOFTWARE PRODUCT is being used by Support Services, iS3 may use such persons information for its business purposes, including for product support and development. iS3 will not utilize such technical information in a manner not authorized by this ISLA, You shall immediately notify Investintech in writing of such facts and You shall immediately use all reasonable efforts to have such unauthorized use form that personally identifies you. · Software Transfer The initial user of the SOFTWARE PRODUCT immediately cease, may make a one-time permanent transfer of this XXXX and to recover any copies of the SOFTWARE PRODUCT that were made in violation of this ISLAonly directly to an end user. Third Party Software - The SOFTWARE PRODUCT and its component parts are protected by Copyright and other proprietary rights of Investintech and one or more third party software vendors. You may be held directly responsible by such vendors for acts relating to the SOFTWARE PRODUCT’s component parts that are not authorized by this ISLA. To the maximum extent permitted by law, You waive all claims and causes of action against such third party software vendors that arise under this ISLA or in connection with Your use of, or inability to use the SOFTWARE PRODUCT or its components. No such third party software vendors will have any liability of any kind to You in connection with any such claims or causes of action. Software Transfer - You may permanently This transfer all of Your rights under this ISLA, provided You retain no copies, You transfer must include all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades and upgrades, this ISLAXXXX, and, if applicable, the Certificate of Authenticity), and the recipient agrees . Such transfer may not be by way of consignment or any other indirect transfer. The transferee of such one-time transfer must agree to comply with the terms of this ISLAXXXX, including the obligation not to further transfer this XXXX and SOFTWARE PRODUCT. If · Termination Without prejudice to any other rights, iS3 may terminate this XXXX if you fail to comply with the terms and conditions of this XXXX. In such event, you must destroy all copies of the SOFTWARE PRODUCT is an upgrade, any transfer must include and all prior versions of the SOFTWARE PRODUCTits component parts.

Appears in 1 contract

Samples: End User License Agreement

DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. Copying Restrictions - Internet-Based Services Components. The SOFTWARE contains components that enable and facilitate the use of certain Internet-based services. You acknowledge and agree that PEI may make a single copy automatically check the version of the Product for backup SOFTWARE and/or its components that you are utilizing and archival purposesmay provide upgrades or supplements to the SOFTWARE. Each copy shall include * Additional Software/Services. The terms of this XXXX apply to updates, supplements, add-on components, or Internet-based services components of the SOFTWARE ("Supplemental Components") that Manufacturer, PEI may provide to you or make available to you after the date you initially access the SOFTWARE, unless other terms are provided along with such Supplemental Components. Manufacturer, PEI reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the SOFTWARE should relevant remunerations and/or payments not be made by you to PEI. This XXXX does not grant you any rights to use RAMSrent components contained in readable format any and all proprietary and copyright notices contained on the originalSOFTWARE to develop a software application that uses similar technology. * Limitations on Reverse Engineering, Decompilation, Decompilation and Disassembly - Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCTSOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law not withstanding notwithstanding this limitation. Separation of Components - The SOFTWARE PRODUCT is licensed as a single product* Termination. Its component parts may not be separated for use on more than one Computer. Rental or Lease - You may not rent or lease the SOFTWARE PRODUCT. You may not sub-rent or sublease the SOFTWARE PRODUCT or charge, require payment for or sell the SOFTWARE PRODUCT or use of the SOFTWARE PRODUCT. User Interface - You may not incorporate a graphical user interface or any interface of any kind in conjunction with the SOFTWARE PRODUCT. Combination of Components - In conjunction with the prohibition against separation of components of the SOFTWARE PRODUCT, noted above, You may not create or add components to be used in combination with the SOFTWARE PRODUCT, if any purpose of such combination is to package, repackage, sell, resell, rent, sub-rent, lease or sublease any portion of the SOFTWARE PRODUCT Without prejudice to any third party to other rights, PEI may cancel this ISLA. Prevention of Unauthorized Use - You shall XXXX if you do not knowingly permit anyone to use any portion of the SOFTWARE PRODUCT, (a) for the purpose of deriving its source code, or (b) for purposes other than as authorized in this ISLA. END-USER COMPLIANCE - You agree to use all reasonable efforts to ensure that persons employed by You or under Your direction and control abide by the terms and conditions contained herein. Termination can also occur due to non-payment of this ISLAall relevant fee(s). In the event that You become aware that the SOFTWARE PRODUCT is being used by such persons in a manner * Trademarks. This XXXX does not authorized by this ISLA, You shall immediately notify Investintech in writing of such facts and You shall immediately use all reasonable efforts to have such unauthorized use of the SOFTWARE PRODUCT immediately cease, and to recover grant you any copies of the SOFTWARE PRODUCT that were made in violation of this ISLA. Third Party Software - The SOFTWARE PRODUCT and its component parts are protected by Copyright and other proprietary rights of Investintech and one or more third party software vendors. You may be held directly responsible by such vendors for acts relating to the SOFTWARE PRODUCT’s component parts that are not authorized by this ISLA. To the maximum extent permitted by law, You waive all claims and causes of action against such third party software vendors that arise under this ISLA or in connection with Your use of, or inability to use the SOFTWARE PRODUCT or its components. No such third party software vendors will have any liability of any kind to You in connection with any such claims trademarks or causes service marks of action. Software Transfer - You may permanently transfer all of Your rights under this ISLA, provided You retain no copies, You transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades and this ISLA), and the recipient agrees to the terms of this ISLA. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCTManufacturer.

Appears in 1 contract

Samples: End User License Agreement

DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. Copying Restrictions - You may make a single copy of the Product for backup and archival purposes. Each copy shall include in readable format any and all proprietary and copyright notices contained on the original. Limitations on Reverse Engineering, Decompilation, and Disassembly - You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law not withstanding this limitation. Separation of Components - The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one Computer. Rental or Lease - You may not rent or lease the SOFTWARE PRODUCT. You may not sub-rent or sublease the SOFTWARE PRODUCT or charge, require payment for or sell the SOFTWARE PRODUCT or use of the SOFTWARE PRODUCT. User Interface - You may not incorporate a graphical user interface or any interface of any kind in conjunction with the SOFTWARE PRODUCT. Combination of Components - In conjunction with the prohibition against separation of components of the SOFTWARE PRODUCT, noted above, You may not create or add components to be used in combination with the SOFTWARE PRODUCT, if any purpose of such combination is to package, repackage, sell, resell, rent, sub-rent, lease or sublease any portion of the SOFTWARE PRODUCT to any third party to this ISLA. Prevention of Unauthorized Use - You shall not knowingly permit anyone to use any portion of the SOFTWARE PRODUCT, (a) for the purpose of deriving its source code, or (b) for purposes other than as authorized in this ISLA. END-USER COMPLIANCE - You agree to use all reasonable efforts to ensure that persons employed by You or under Your direction and control abide by the terms and conditions of this ISLA. In the event that You become aware that the SOFTWARE PRODUCT is being used by such persons in a manner not authorized by this ISLA, You shall immediately notify Investintech in writing of such facts and You shall immediately use all reasonable efforts to have such unauthorized use of the SOFTWARE PRODUCT immediately cease, and to recover any copies of the SOFTWARE PRODUCT that were made in violation of this ISLA. Third Party Software - The SOFTWARE PRODUCT and its component parts are protected by Copyright and other proprietary rights of Investintech and one or more third party software vendors. You may be held directly responsible by such vendors for acts relating to the SOFTWARE PRODUCT’s component parts that are not authorized by this ISLA. To the maximum extent permitted by law, You waive all claims and causes of action against such third party software vendors that arise under this ISLA or in connection with Your use of, or inability to use the SOFTWARE PRODUCT or its components. No such third party software vendors will have any liability of any kind to You in connection with any such claims or causes of action. Software Transfer - You may permanently transfer all of Your rights under this ISLA, provided You retain no copies, You transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades and this ISLA), and the recipient agrees to the terms of this ISLA. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT.

Appears in 1 contract

Samples: License Agreement

DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. Copying Restrictions - You may make a single copy of the Product for backup and archival purposes. Each copy shall include in readable format any and For all proprietary and copyright notices contained on the original. Limitations on Reverse Engineering, Decompilation, and Disassembly - You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law not withstanding this limitation. Separation of Components - The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one Computer. Rental or Lease - -- You may not rent or lease the SOFTWARE PRODUCT. You SOFTWARE, but you may not sub-rent or sublease transfer the SOFTWARE PRODUCT or charge, require payment for or sell the SOFTWARE PRODUCT or use of the SOFTWARE PRODUCT. User Interface - You may not incorporate and accompanying written materials on a graphical user interface or any interface of any kind in conjunction with the SOFTWARE PRODUCT. Combination of Components - In conjunction with the prohibition against separation of components of the SOFTWARE PRODUCT, noted above, You may not create or add components to be used in combination with the SOFTWARE PRODUCT, if any purpose of such combination is to package, repackage, sell, resell, rent, sub-rent, lease or sublease any portion of the SOFTWARE PRODUCT to any third party to this ISLA. Prevention of Unauthorized Use - You shall not knowingly permit anyone to use any portion of the SOFTWARE PRODUCT, (a) for the purpose of deriving its source code, or (b) for purposes other than as authorized in this ISLA. END-USER COMPLIANCE - You agree to use all reasonable efforts to ensure that persons employed by You or under Your direction and control abide by the terms and conditions of this ISLA. In the event that You become aware that the SOFTWARE PRODUCT is being used by such persons in a manner not authorized by this ISLA, You shall immediately notify Investintech in writing of such facts and You shall immediately use all reasonable efforts to have such unauthorized use of the SOFTWARE PRODUCT immediately cease, and to recover any copies of the SOFTWARE PRODUCT that were made in violation of this ISLA. Third Party Software - The SOFTWARE PRODUCT and its component parts are protected by Copyright and other proprietary rights of Investintech and one or more third party software vendors. You may be held directly responsible by such vendors for acts relating to the SOFTWARE PRODUCT’s component parts that are not authorized by this ISLA. To the maximum extent permitted by law, You waive all claims and causes of action against such third party software vendors that arise under this ISLA or in connection with Your use of, or inability to use the SOFTWARE PRODUCT or its components. No such third party software vendors will have any liability of any kind to You in connection with any such claims or causes of action. Software Transfer - You may permanently transfer all of Your rights under this ISLApermanent basis, provided You you retain no copies, You transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades and this ISLA), copies and the recipient agrees to the terms of this ISLAAGREEMENT. If You may not modify, translate, reverse engineer, decompile, or disassemble, create derivative works based on, or copy (except for the backup copy of the SOFTWARE) the SOFTWARE, except to the extent such foregoing restriction is expressly prohibited by applicable law. You may not remove any proprietary notices, labels, or marks on the SOFTWARE PRODUCT is an upgradeand accompanying documentation. YOU MAY NOT USE, any transfer must include all prior versions COPY, MODIFY, OR TRANSFER THE SOFTWARE OR ANY COPY IN WHOLE OR IN PART, OR GRANT ANY RIGHTS IN THE SOFTWARE OR ACCOMPANYING DOCUMENTATION, EXCEPT AS EXPRESSLY PROVIDED IN THIS LICENSE. ALL RIGHTS NOT EXPRESSLY GRANTED ARE RESERVED BY CITRIX OR ITS SUPPLIERS. LIMITED WARRANTY AND DISCLAIMER. CITRIX warrants that, for a period of ninety (90) days from the date of delivery of the SOFTWARE PRODUCTto you as evidenced by a copy of your receipt, the diskettes on which the SOFTWARE is furnished under normal use will be free from defects in materials and workmanship. CITRIX and its suppliers' entire liability and your exclusive remedy under this warranty (which is subject to you returning the SOFTWARE to CITRIX or an authorized reseller with a copy of your receipt) will be, at CITRIX' option, to replace the media or to refund the purchase price and terminate this AGREEMENT. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, CITRIX AND ITS SUPPLIERS MAKE AND YOU RECEIVE NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND CITRIX AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OR MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. CITRIX does not warrant that the SOFTWARE will be uninterrupted or error free. You assume the responsibility for the selection of the program and hardware to achieve your intended results; and for the installation, use, and results obtained from the program. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. PROPRIETARY RIGHTS. The license is not a sale. Title and copyrights to the SOFTWARE, accompanying documentation, and any copy made by you remain with CITRIX or its suppliers. LIMITATION OF LIABILITY. IN NO EVENT WILL CITRIX OR ITS SUPPLIERS BE LIABLE FOR ANY LOSS OF DATA, LOSS OF INCOME, LOSS OF OPPORTUNITY OR PROFITS, COST OF RECOVERY OR ANY OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING FROM THE USE OF THE SOFTWARE, REFERENCE MATERIALS, OR ACCOMPANYING DOCUMENTATION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF CITRIX, ITS SUPPLIERS, OR AUTHORIZED DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL THE LIABILITY OF CITRIX EXCEED THE AMOUNT PAID FOR THE LICENSED SOFTWARE AT ISSUE. YOU ACKNOWLEDGE THAT THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. EXPORT RESTRICTION. You agree that you will not export or re-export the SOFTWARE in any form without the appropriate United States and foreign government licenses. Your failure to comply with this provision is a material breach of this AGREEMENT.

Appears in 1 contract

Samples: Ilicense Agreement (Insynq Inc)

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DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. Copying Restrictions - You may make Product Authorization Code. If you have licensed a single copy of the Product SOFTWARE PRODUCT, you will receive a product authorization code from Carnegie Speech that enables the operation of the SOFTWARE PRODUCT and controls the period during which you are licensed to use such SOFTWARE PRODUCT, as described hereunder. The product authorization code will be provided to you by Carnegie Speech pursuant to a program use certificate (“PROGRAM USE CERTIFICATE”), via e-mail, or in some other manner. Upon expiration of your license to use the SOFTWARE PRODUCT, the product authorization code will no longer enable use of the SOFTWARE PRODUCT at issue. For an Internet-based license, upon Carnegie Speech’s receipt of the applicable license fees, Carnegie Speech will provide you with all necessary log in information to enable you to access and use the SOFTWARE PRODUCT. • Copy Protection. The SOFTWARE PRODUCT may include copy protection technology to prevent the unauthorized copying of the SOFTWARE PRODUCT or may require original media for backup and archival purposes. Each copy shall include in readable format any and all proprietary and copyright notices contained use of the SOFTWARE PRODUCT on the originalCOMPUTER. It is illegal to make unauthorized copies of the SOFTWARE PRODUCT or to circumvent any copy protection technology included in the SOFTWARE PRODUCT. • Limitations on Reverse Engineering, Decompilation, and Disassembly - Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law not withstanding notwithstanding this limitation. Separation of Components - Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one ComputerCOMPUTER. Rental • Trademarks. This AGREEMENT does not grant you any rights in connection with any trademarks or Lease - service marks of Carnegie Speech. • Rental. You may not rent rent, lease, or lease lend the SOFTWARE PRODUCT. You may not sub-rent or sublease the SOFTWARE PRODUCT or charge, require payment for or sell the SOFTWARE PRODUCT or use of the SOFTWARE PRODUCT• Termination. User Interface - You may not incorporate a graphical user interface or any interface of any kind in conjunction with the SOFTWARE PRODUCT. Combination of Components - In conjunction with the prohibition against separation of components of the SOFTWARE PRODUCT, noted above, You may not create or add components to be used in combination with the SOFTWARE PRODUCT, if any purpose of such combination is to package, repackage, sell, resell, rent, sub-rent, lease or sublease any portion of the SOFTWARE PRODUCT Without prejudice to any third party other rights, Carnegie Speech may terminate this AGREEMENT if you fail to this ISLA. Prevention of Unauthorized Use - You shall not knowingly permit anyone to use any portion of the SOFTWARE PRODUCT, (a) for the purpose of deriving its source code, or (b) for purposes other than as authorized in this ISLA. END-USER COMPLIANCE - You agree to use all reasonable efforts to ensure that persons employed by You or under Your direction and control abide by comply with the terms and conditions of this ISLAAGREEMENT. In the event that You become aware that the SOFTWARE PRODUCT is being used by such persons in a manner not authorized by this ISLAevent, You shall immediately notify Investintech in writing of such facts and You shall immediately use you must destroy all reasonable efforts to have such unauthorized use of the SOFTWARE PRODUCT immediately cease, and to recover any copies of the SOFTWARE PRODUCT that were made in violation and all of this ISLA. Third Party Software - The SOFTWARE PRODUCT and its component parts are protected by Copyright and other proprietary rights of Investintech and one or more third party software vendors. You may be held directly responsible by such vendors for acts relating to the SOFTWARE PRODUCT’s component parts that are not authorized by this ISLA. To the maximum extent permitted by law, You waive all claims and causes of action against such third party software vendors that arise under this ISLA or in connection with Your use of, or inability to use the SOFTWARE PRODUCT or its components. No such third party software vendors will have any liability of any kind to You in connection with any such claims or causes of action. Software Transfer - You may permanently transfer all of Your rights under this ISLA, provided You retain no copies, You transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades and this ISLA), and the recipient agrees to the terms of this ISLA. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT.

Appears in 1 contract

Samples: Software License Agreement

DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. Copying Restrictions - You may make a single copy of the Product SOFTWARE PRODUCT for backup and archival purposes. Each Such copy shall include in readable format any and all proprietary and copyright notices contained on the original. Other than as contained in this agreement You may not copy the SOFTWARE PRODUCT, including any documentation. All such copies of the SOFTWARE PRODUCT are the proprietary information of Investintech and its suppliers and are subject to their copyrights. Title - Investintech and its suppliers retain all title to the SOFTWARE PRODUCT, and all copies thereof, and no title to the SOFTWARE PRODUCT, or any intellectual property in the SOFTWARE PRODUCT, is transferred to You. Limitations on Reverse Engineering, Decompilation, and Disassembly - You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only or otherwise attempt to derive source code from the extent that such activity is expressly permitted by applicable law not withstanding this limitationSOFTWARE PRODUCT. Separation of Components - The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one Computer. Rental or Lease Transfer - You may not rent rent, lease, sublicense or lease the SOFTWARE PRODUCT. You may not sub-rent otherwise transfer all or sublease any portion of the SOFTWARE PRODUCT or charge, require payment for or sell the SOFTWARE PRODUCT or use authorize any Use of the SOFTWARE PRODUCTby any other person except as expressly permitted hereby. User Interface - You may not incorporate a graphical user interface or any interface of any kind in conjunction with the SOFTWARE PRODUCT. Combination of Components - In conjunction with the prohibition against separation of components of the SOFTWARE PRODUCT, noted above, You may not create or add components to be used in combination with the SOFTWARE PRODUCT, if any purpose of such combination is to package, repackage, sell, resell, rent, sub-rent, lease or sublease any portion of the SOFTWARE PRODUCT to any third party to this ISLAXXXX. Prevention of Unauthorized Use - You shall not knowingly permit anyone to use any portion of the SOFTWARE PRODUCT, (a) for the purpose of deriving its source code, or (b) for purposes other than as authorized in this ISLAXXXX. END-USER COMPLIANCE - You agree to use all reasonable efforts to ensure that persons employed by You or under Your direction and control abide by the terms and conditions of this ISLAXXXX. In the event that You become aware that the SOFTWARE PRODUCT is being used by such persons in a manner not authorized by this ISLAXXXX, You shall immediately notify Investintech in writing of such facts and You shall immediately use all reasonable efforts to have such unauthorized use of the SOFTWARE PRODUCT immediately cease, and to recover any copies of the SOFTWARE PRODUCT that were made in violation of this ISLAXXXX. Notwithstanding any other form hereof, You will at all times remain responsible and liable for, and shall indemnify Investintech against any damages or claims arising out of or related to, any breach of this XXXX by any authorized or unauthorized User of the SOFTWARE licenses to You hereunder. Third Party Software - The SOFTWARE PRODUCT and its component parts are protected by Copyright and other proprietary rights of Investintech and one or more third party software vendorsvendors who are intended beneficiaries of this XXXX. You may be held directly responsible by such vendors for acts relating to the SOFTWARE PRODUCT’s component parts that are not authorized by this ISLAXXXX. To the maximum extent permitted by law, You waive all claims and causes of action against such third party software vendors that arise under this ISLA XXXX or in connection with Your use of, or inability to use the SOFTWARE PRODUCT or its components. No such third party software vendors will have any liability of any kind to You in connection with any such claims or causes of action. Software Transfer Termination - Without prejudice to any other rights, Investintech may terminate this XXXX if You may permanently transfer all fail to comply with the terms and conditions of Your rights under this ISLA, provided You retain no copiesXXXX. In such event, You transfer must destroy all copies of the SOFTWARE PRODUCT (including and all of its component parts, the media and printed materials, any upgrades and this ISLA), and the recipient agrees to the terms of this ISLA. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT.

Appears in 1 contract

Samples: License Agreement

DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. Copying Restrictions - In connection with the provision of Technical Services Assessment by EMBERSEC to Customer hereunder, the parties acknowledge and agree that EMBERSEC is expressly not selling to Customer, and Customer is not acquiring any right, title or interest in or to, EMBERSEC intellectual property or rights, (“EMBERSEC Intellectual Property”). All rights in and to the EMBERSEC Intellectual Property (including, without limitation, all software code incorporated therein) not expressly granted hereunder are reserved to and retained by EMBERSEC. The parties expressly acknowledge and agree that all right, title and interest in and to the EMBERSEC Intellectual Property and all patent, trademark, copyright, trade secret and other intellectual property and proprietary rights in and to the EMBERSEC Intellectual Property are and will be owned by EMBERSEC. Customer acknowledges and agrees to the following: Customer shall comply in full, and shall cause its Authorized Users to comply in full, with all federal, state, local and foreign laws, rules and regulations in connection with its access to, and use of, the Technical Services Assessment, or the use thereof, by any employee or agent of Customer. Customer shall not remove, and shall cause its Authorized Users to not remove, EMBERSEC’s copyright notices and other proprietary notices on the Technical Services Assessment, and all copies thereof shall be subject to all terms, conditions, and obligations of this Services Agreement. To the extent permissible by law, You may make are ineligible to subscribe to the Technical Services Assessment if (a) You or Your employees have been convicted for any computer or Internet related crimes; or (b) if You are more than sixty (60) days overdue on any monies or amounts owed to EMBERSEC; or (c) if You are a single copy competitor of EMBERSEC; or (d) if You are located in a region that is prohibited from using the Product for backup Technical Services Assessment by law; or (e) if You have already previously been refused the Technical Services Assessment by EMBERSEC in the past. EMBERSEC reserves the right to refuse access to any potential subscriber to the Technical Services Assessment should EMBERSEC, in its absolute discretion, deem such refusal necessary. You agree to provide current, accurate information in all electronic or hardcopy registration forms submitted in connection with the Technical Services Assessment. You agree not to impersonate or in any way misrepresent Your affiliation or authority to act on behalf of any person, company or other entity. By accepting these Terms, all Your personnel using the Technical Services Assessment (“Authorized Users”) or accepting these Terms, certify that they are authorized to act on Your behalf and archival purposes. Each copy shall include in readable format are authorized by to use any and all proprietary devices or systems with respect to which You direct the Technical Services Assessment to be performed. You agree reasonably to cooperate with EMBERSEC res to verify the identity and copyright notices contained authority of persons using the Technical Services Assessment. You must never use or direct the Technical Services Assessment to interact with devices or systems for which You are not expressly authorized to do so. You must not use the Technical Services Assessment in such a way as to create unreasonable load on devices or systems to which You have directed the original. Limitations on Reverse Engineering, Decompilation, and Disassembly - You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only Technical Services Assessment to the extent that such activity is expressly permitted by applicable law not withstanding this limitation. Separation of Components - The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one Computer. Rental or Lease - You may not rent or lease the SOFTWARE PRODUCTinteract. You may not sub-rent use any Technical Services Assessment infrastructure, directly or sublease indirectly to initiate, propagate, participate, direct or attempt any attack, hack, or send bandwidth saturation, malicious or potentially damaging network messages to any device or system, whether owned by EMBERSEC or not. You must not, through the SOFTWARE PRODUCT or charge, require payment for or sell the SOFTWARE PRODUCT or use of the SOFTWARE PRODUCTTechnical Services Assessment or by any other means, create unreasonable load on the Technical Services Assessment infrastructure. User Interface - You may must not incorporate a graphical user interface use the Technical Services Assessment to perform any unlawful activity including but not limited to computer crime, transmission or any interface storage of any kind in conjunction with the SOFTWARE PRODUCT. Combination of Components - In conjunction with the prohibition against separation of components of the SOFTWARE PRODUCT, noted above, You may not create or add components to be used in combination with the SOFTWARE PRODUCT, if any purpose of such combination is to package, repackage, sell, resell, rent, sub-rent, lease or sublease any portion of the SOFTWARE PRODUCT to any third party to this ISLA. Prevention of Unauthorized Use - You shall not knowingly permit anyone to use any portion of the SOFTWARE PRODUCT, (a) for the purpose of deriving its source codeillegal content, or (b) for purposes other than as authorized in this ISLA. END-USER COMPLIANCE - You agree to use all reasonable efforts to ensure that persons employed by You content or under Your direction and control abide by the terms and conditions of this ISLA. In the event that You become aware that the SOFTWARE PRODUCT is being used by such persons in a manner not authorized by this ISLA, You shall immediately notify Investintech in writing of such facts and You shall immediately use all reasonable efforts to have such unauthorized use of the SOFTWARE PRODUCT immediately cease, and to recover any copies of the SOFTWARE PRODUCT that were made software in violation of this ISLA. Third Party Software - The SOFTWARE PRODUCT and its component parts are protected by Copyright and other proprietary rights of Investintech and one or more third party software vendorsapplicable law. You may be held directly responsible must not access information on the Technical Services Assessment infrastructure for which You are not authorized, or which is not made available intentionally, publicly and in accordance with EMBERSEC policies. If You gain access to any information for which You are not authorized, by any means or method, or for any reason, you must report such vendors for acts relating access to EMBERSEC immediately and destroy all electronic or hard copies of such information unless otherwise required by applicable law. You must report incidents by email with return receipt requested to xxxx@xxxxxxxxxxxxxxxxxx.xxx You agree not to provide access to the SOFTWARE PRODUCT’s component parts that Technical Services Assessment by: (i) allowing others who are not Authorized Users to use Your account; (ii) creating an account for someone who is not authorized by this ISLAto perform the role or view the information for which You have granted access; (iii) creating an account for an unauthorized; or (iv) failing to revoke access for those persons who are no longer Authorized Users to access the Technical Services Assessment for any reason. To You will immediately notify EMBERSEC of any unauthorized access from Your account or the maximum extent permitted by lawaccounts of others for which You have administrative authority, You waive all claims and causes including the use of action against such third party software vendors that arise under this ISLA or in connection with Your use ofaccounts, passwords, or inability to use any other breach of security. You will not solicit another party’s password for any reason. You will not access someone else’s account, nor disrupt, interfere, or limit the SOFTWARE PRODUCT or its components. No such third party software vendors will have any liability of any kind to You in connection with any such claims or causes of action. Software Transfer - You may permanently transfer all of Your rights under this ISLA, provided You retain no copies, You transfer all functioning of the SOFTWARE PRODUCT (including all component parts, Technical Services Assessment or other’s enjoyment of the media and printed materialsTechnical Services Assessment. Notwithstanding anything to the contrary contained in this Services Agreement, any upgrades and this ISLA), and the recipient agrees to the terms of this ISLA. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions breach of the SOFTWARE PRODUCTabove covenants may, in the discretion of EMBERSEC, result in immediate termination of the Technical Services Assessment.

Appears in 1 contract

Samples: Technical Services Assessment Agreement

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