Common use of Applicability of Software License Clause in Contracts

Applicability of Software License. This software license (“Software License”) shall apply to any and all Software: (i) which is the subject of a Purchase Order issued by Customer to Grass Valley or one of its authorized distributors or resellers, (ii) which is delivered to Customer in the form of an Update or Upgrade, or (iii) which is otherwise obtained by Customer. If Customer does not agree to the terms of this Software License, Customer is not granted any rights with respect to the Software, and Customer must not download, install, copy, or otherwise use the Software and must promptly delete any partial or full copy of the Software and/or, if Customer obtained the Software on a tangible medium or with a tangible key, card or dongle, return such Software, key, card or dongle as the case may be. Any such return must be made to the entity from which the Software was obtained (whether Grass Valley or a distributor or retailer) and the original receipt or invoice for the Software must be presented. Upon such return, Customer will receive a refund of the amount paid for the Software. For purposes of this Section 6 the term “Customer” shall include authorized end users of the Software who have purchased the Software indirectly through an authorized Grass Valley reseller or distributor as well as direct purchasers of the Software.