ADDITIONAL USE RIGHTS AND LIMITATIONS Sample Clauses

ADDITIONAL USE RIGHTS AND LIMITATIONS. 3A Symantec Performance Value (SPVU) License:
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ADDITIONAL USE RIGHTS AND LIMITATIONS. A. You may use the Licensed Software in accordance with the terms and conditions set forth below for the type of license You have received for the Licensed Software, as indicated in the applicable License Instrument(s), except as otherwise provided in this Section 17:
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ADDITIONAL USE RIGHTS AND LIMITATIONS. 17.3A Symantec Performance Value (SPVU) License. 1. If the License Instrument indicates that You have received the Symantec Performance Value Unit (SPVU) license for the Licensed Software, You may use the Licensed Software with a Processor Core or a combination of different Processor Cores in the quantities and at the Use Level up to no more than the number of SPVU licenses and with the applicable operating system platform, as indicated within the License Instrument. The number of Processor Core(s) that You may use with the SPVU licenses may be obtained either through an on-line SPVU calculator or through contacting Your Symantec sales representative. The SPVU calculator is made available to You at xxxx://xxxx.xxxxxxxx.xxx and is based on information from the Symantec Hardware Tier Appendix document. Symantec reserves the right, at its reasonable discretion, to make changes to the SPVU calculator or the Symantec Hardware Tier Appendix document at any time. 2. For example, if Your Processor Core has assigned an SPVU of 100 by Symantec, You must have purchased 100 SPVU licenses. Once You have purchased 100 SPVU licenses for the Licensed Software, You may use the Licensed Software with Your Processor Core or a combination of different Processor Cores running on the applicable operating system platform, provided that Your use of the Licensed Software with such Processor Core(s) does not exceed the 100 SPVU licenses You have purchased.
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ADDITIONAL USE RIGHTS AND LIMITATIONS. You may use the Licensed Software on Servers to manage no more than the number of Managed Servers as licensed to You by Symantec herein and as indicated in the applicable License Instrument. In addition, if the Licensed Software is monitoring a Managed Server that has multiple cores, that Managed Server will be counted as multiple servers equal to the number of physical partitions on the Managed Server for purposes of determining how many Managed Servers may be monitored by the Licensed Software. For example, if the Licensed Software is monitoring a Managed Server that has four physical partitions, Your license must include four Managed Server licenses. In addition, You must have a license for each physical Managed Server monitored by the Licensed Software, and the presence of virtualization software on the physical Managed Server will not affect the number of licenses you need for that Managed Server. For example, if you use the Licensed Software to managed two physical Managed Servers, and each Managed Server has two virtualization programs installed upon that Server, You will only need two Managed Server licenses, not four. Your License Instrument shall constitute proof of Your right to make and use such copies.
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ADDITIONAL USE RIGHTS AND LIMITATIONS. 17.2. A You may use the Licensed Software for the number of licensed Server(s) and at the Use Levels as have been licensed to You by Symantec herein and as indicated in the applicable License Instrument. Your License Instrument shall constitute proof of Your right to make and use such copies. You may install the Licensed Software on physical or virtual Servers, provided that each Server is part of a single Licensed Software installation. 17.2 B You may use the Licensed Software to answer queries only from other Symantec applications installed in Your environment. For the avoidance of doubt, You may not use the Licensed Software for queries from non-Symantec endpoints or host applications.
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ADDITIONAL USE RIGHTS AND LIMITATIONS. Use of the Licensed Software with Physical Server(s) without Virtualization Programs or Virtual Machine(s).
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ADDITIONAL USE RIGHTS AND LIMITATIONS 
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Related to ADDITIONAL USE RIGHTS AND LIMITATIONS

  • DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS (a) Maintenance of Copyright Notices.

  • Exceptions and Limitations For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this Public License does not apply, and You do not need to comply with its terms and conditions.

  • Additional Rights and Remedies The rights and remedies provided in this clause are in addition to any other rights and remedies provided by law or under this contract.

  • Warranties and Limitations 10.1 ATCC WARRANTS THAT ATCC MATERIALS SHALL BE VIABLE UPON SHIPMENT FROM ATCC FOR A PERIOD OF THIRTY (30) DAYS (“WARRANTY PERIOD”). ATCC WARRANTS THAT ANY ATCC MATERIAL PROVIDED BY IT SHALL MEET THE SPECIFICATIONS ON THE PRODUCT INFORMATION SHEET, CERTIFICATE OF ANALYSIS, AND/OR CATALOG DESCRIPTION UNTIL THE EXPIRATION DATE ON THE PRODUCT LABEL. THE EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY IS, AT ATCC’S OPTION, (A) REFUND OF THE FEE PAID TO ATCC FOR SUCH ATCC MATERIALS (EXCLUSIVE OF SHIPPING AND HANDLING CHARGES), OR (B) REPLACEMENT OF THE ATCC MATERIALS. THE EXCLUSIVE REMEDY APPLIES UNDER THE CONDITION THAT LICENSEE AND ITS CUSTOMER HANDLES AND STORES ATCC MATERIALS AS DESCRIBED IN THE PRODUCT SHEET. TO OBTAIN THE EXCLUSIVE REMEDY, LICENSEE MUST REPORT THE LACK OF VIABILITY TO ATCC’S TECHNICAL SERVICE DEPARTMENT WITHIN THE WARRANTY PERIOD. ANY EXPIRATION DATE SPECIFIED ON XXX XXXX XXXXXXXXX XXXXXXXX XXXXXXXXXXXXX XXXXXX THE EXPECTED REMAINING USEFUL LIFE, BUT DOES NOT CONSTITUTE A WARRANTY OR EXPEND ANY APPLICABLE WARRANTY PERIOD. THIS WARRANTY SHALL BE VOIDED ONCE LICENSEE USES, MODIFIES OR REPLICATES ANY ATCC MATERIALS. 10.2 EXCEPT AS EXPRESSLY PROVIDED ABOVE THE ATCC MATERIAL, ANY OTHER ATCC PRODUCTS, AND ANY TECHNICAL INFORMATION AND ASSISTANCE PROVIDED BY ATCC ARE PROVIDED “AS IS”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, MANUFACTURE ACCORDING TO GMP STANDARDS, TYPICALITY, SAFETY, ACCURACY AND NON-INFRINGEMENT. 10.3 IN NO EVENT SHALL ATCC, ITS DIRECTORS, OFFICERS, AGENTS, EMPLOYEES AND AFFILIATES (collectively “ATCC INDEMNIFIED PARTIES”) BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT (WHETHER IN CONTACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHERWISE) EVEN IF ATCC HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS COST OF CAPITAL, COST OF SUBSTITUTE PRODUCTS OR CLAMS OF LICENSEE’S CUSTOMERS FOR SUCH DAMAGE. IN NO EVENT SHALL ATCC’S CUMULATIVE LIABILITY EXCEED THE ACTUAL AMOUNTS PAID NY LICENSEE UNDER THIS AGREEMENT FOR THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE OF THE EVENT GIVING RISE TO THE CLAIM THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT AND SHALL APPLY EVEN IF THE LIMITED REMEDY SPECIFIED IN THE AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

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