Additional Rights and Restrictions. Notwithstanding the foregoing, (1) an accelerated payment of all or a portion of the Deferred Amount may be requested upon the occurrence of an Unforeseeable Emergency (as defined in the Plan) and paid in accordance with the terms of the Plan; (2) the Committee reserves discretionary authority to permit a subsequent deferral election with respect to the Deferred Amount in accordance with the terms of the Plan; and (3) if a “specified employee” (as defined in the Plan) becomes entitled to a distribution on account of a separation from service, payment of all or a portion of the Deferred Amount will be delayed in accordance with the terms of the Plan.
Additional Rights and Restrictions. You also have the right to make additional copies of the Windows NT Software Components equal to the number of validly licensed copies of Microsoft BackOffice Small Business Server 4.0 which you have, and you may use each copy in the manner specified above. If you do not have a valid license for Microsoft BackOffice Small Business Server 4.0, you have no rights under the foregoing section.
Additional Rights and Restrictions. (a) Seller shall not receive an ownership interest in any of the Finet Stock escrowed in the Retention Account, unless and until it is released by Finet in accordance with the Escrow provisions contained herein. Without limiting the foregoing, Seller shall have no right to "vote" the Finet Stock until it has been actually received by Seller, at the conclusion of the Audit process.
(b) Upon the completion of each Audit and the receipt of Finet Stock, Seller shall be entitled to "Piggy Back" registration rights on registrations of Finet subject to the right, however, of Finet and its underwriters to reduce the number of shares proposed to be registered by Seller in view of market conditions.
Additional Rights and Restrictions. 2.4.1 The Customer agrees that it will not, and will not permit others to: (i) use the Solution or Solution Services for any purpose other than the Purpose or at any location, network, capacity or deployment, other than as made available by IVIX and as expressly permitted hereunder and under the applicable Order Form; (ii) use the Solution or Solution Services or any part thereof for provision of services which are competitive with the Solution or Solution Services, or which essentially make the Solution or Solution Services, their functionality or any part thereof available to third parties, including without limitation as a managed service or otherwise offer for sale, lease, license commercialize, transfer, distribute or otherwise dispose of the Solution Services or of its rights to access and use the Solution; (iii) modify, translate, emulate, convert to another programming language, reverse engineer, decompile, debug, reproduce in any form or disassemble, make derivatives works of all or any part of the Solution or the Solution Services, or derive source code, techniques, algorithms or processes from the Solution or Solution Services, nor attempt to do any of the foregoing; and (iv) use the Solution or Solution Services, or the results of its assessment of the Solution Services for its own competing development activities or otherwise disclose such results and conclusions to any third parties; (v) test or use the Solution Services in connection with any benchmark tests or any other tests or comparisons of which the results are to be published in any form or media; (vi) represent that Customer possess any proprietary interest in the Solution or Solution Services; (viii) directly or indirectly, take any action to contest IVIX’s intellectual property rights in or in connection to the Solution or Solution Services or related services or infringe them in any way;
Additional Rights and Restrictions. Cisco Crosswork Network Automation is a Software platform with two Software applications: Cisco Crosswork Change Automation and Cisco Crosswork Health Insights. You may license either Cisco Crosswork Change Automation or Cisco Crosswork Health Insights, or both, but You must license the Cisco Crosswork Network Automation in order to Use a Software application.
Additional Rights and Restrictions. Company acknowledges that the Services, and the databases, software, hardware, services and technology used by or on behalf of Business Wire to provide the Services and their structure, organization, methodology, taxonomy, schema and underlying data, information and source code (collectively, the "Technology') constitute valuable intellectual property of Business Wire. Subject to the terms of this Agreement, Business Wire grants to Company the right to use any portion of the Technology incorporated into the Materials processed by Business Wire ("Tagged Materials") solely in the form incorporated into the Tagged Materials by Business Wire and only In connection with Company's disclosure of the Tagged Materials in the ordinary course of its business. Company will not, and will not permit any third party to, use the Tagged Materials to reverse engineer, decompile, or otherwise attempt to derive the method of operation or performance of the Services, Business Wire may retain copies of the Tagged Materials and collect and analyze data and information from the Tagged Materials ("Data"). All Data will be owned by Business Wire. Following filing of the Tagged Materials by Company, Business Wire may distribute the Data and the Tagged Materials (or portions thereof) to third parties (or use the Data or Tagged Materials for any lawful business purpose) without a duty of accounting to Company.
Additional Rights and Restrictions. End User may install the Software on additional passive Nodes in an active/passive configuration deployment where one Node hosts the entire workload (“Active”) and one or more Nodes remains idle as a standby (“Passive”). However, the quantity of Active Nodes at any point in time must be no greater than the quantity of Node licenses that the End User has included in End User’s subscription. End User shall deactivate and uninstall all of the Software upon termination or expiration. The Software Components are licensed as a single Software product and are not licensed separately. Customer may choose which Software Components toActivate.
Additional Rights and Restrictions. Notwithstanding the foregoing, (1) an accelerated payment of all or a portion of the Deferred Amount may be requested upon the occurrence of an Unforeseeable Emergency (as defined in the Plan, but also including the death of, or an Unforeseeable Emergency sustained by, a named beneficiary who has become entitled to payment under the Plan) and paid in accordance with the terms of the Plan; (2) the Committee reserves discretionary authority to permit a subsequent deferral election with respect to the Deferred Amount in accordance with the terms of the Plan; and (3) if a “specified employee” (as defined in the Plan) becomes entitled to a distribution on account of a separation from service, payment of all or a portion of the Deferred Amount will be delayed in accordance with the terms of the Plan.
Additional Rights and Restrictions. Notwithstanding the foregoing, (1) an accelerated payment of all or a portion of the Deferred Amount may be requested upon the occurrence of an Unforeseeable Emergency (as defined in the Plan, but also including the death of, or an Unforseeable Emergency sustained by, a named beneficiary who has become entitled to payment under the Plan) and paid in accordance with the terms of the Plan; (2) the Committee reserves discretionary authority to permit a subsequent deferral election with respect to the Deferred Amount in accordance with the terms of the Plan; and (3) if a “specified employee” (as defined in the Plan) becomes entitled to a distribution on account of a separation from service, payment of all or a portion of the Deferred Amount will be delayed in accordance with the terms of the Plan. 2. Grantee Representations and Warranties By executing this Election Form, I represent and warrant that: A. I have read the Plan, the Agreement and this Election Form, understand that this Election will become irrevocable as of the Election Deadline, and agree to all the terms and conditions thereof. B. I understand that any amounts that I defer hereunder are unfunded and unsecured and subject to the claims of the Company’s creditors in the event of the Company’s insolvency. C. I understand that the Plan, the Agreement and this Election are intended to comply with Code Section 409A and that they will be interpreted accordingly. However, I understand that the Company will have no liability with respect to any failure to comply with Code Section 409A. D. I understand that I will be required to satisfy any tax withholding obligations relating to the Deferred Amount, and that delivery of shares of Common Stock or cash to me or my beneficiaries is conditioned upon my satisfaction of such obligations. I have consulted with my own tax advisor regarding the tax consequences of participating in the Plan and making this Election. Made and executed by me as Grantee of the Award pursuant to the terms and provisions of the Award Agreement, on this [____] day of [________], 20__. _____________________________________ Grantee RECEIVED AND ACKNOWLEDGED this ____ day of ________, 20__. ______________________________________ For the Committee
Additional Rights and Restrictions. THERE MAY BE ADDITIONAL RIGHTS AND RESTRICTIONS SET FORTH IN SUPPLEMENTS OR “PRODUCT SPECIFIC LICENSE TERMS” ON CARDS OR COMPACT DISKS ACCOMPANYING THE SOFTWARE, WHICH ARE HEREBY INCORPORATED INTO THIS AGREEMENT. You agree that such Product Specific License Terms or Supplements may be composed and shall be enforceable in the English language. The Product Specific License Terms may grant You the right to distribute “Distributable Components.” In the event You distribute Distributable Components to third parties, You agree to indemnify, hold harmless and defend Sybase, its affiliates and suppliers from and against any third party claims, including court costs and reasonable fees of attorneys and expert witnesses, arising from the Use or distribution of Your software that includes or contains the Distributable Components. You shall include Sybase’s copyright notice (and the copyright notices of Sybase’s suppliers if required by the Documentation) on all copies of the Distributable Components.
