APPLICATION MIDDLEWARE PRODUCTS. Licensee may not include this Licensed Software or any component thereof in any general-purpose software development tool, library, component, or any other product that is generally competitive with or a substitute for the Licensed Software or any other Licensor product offerings; nor may Licensee use the Licensed Software to create a product or operate a service that is generally competitive with the Licensed Software or any other Licensor product offerings, including any general-purpose software development tool. The foregoing restriction does not apply, however, to use of the Licensed Software to develop "plug-ins" (i.e., integrations created using the Licensed Software's open tools API) so long as such plug-ins are designed to provide supplementary functionality to the Licensed Software. This Licensed Software is not redistributable. Licensee is not permitted to reproduce the Licensed Software for sublicensing, resale, lending, leasing, deployment or distribution to any party, including without limitation, distributing the Licensed Software as part of a VAR, OEM, distributor or reseller arrangement. If Licensee integrates the Licensed Software into a Work and intends to distribute or resell the resulting integrated Work, Licensee must contact Licensor to obtain the appropriate distribution license. The portions of this Licensed Software identified as VISISECURE, VISITRANSACT, VISINOTIFY, VISITIME and VISITELCOLOG (collectively, the " VISISERVICES") are not redistributable. This License Agreement does not permit Licensee to execute, or otherwise use the VISISERVICES portion of the Licensed Software for any purpose unless Licensee has acquired a separate Development and/or Deployment License for VISISERVICES directly from Licensor before developing or deploying any Work that uses such portion of the Licensed Software. Licensee is not permitted to reproduce VISISERVICES for sublicensing, resale, lending, leasing, deployment or distribution to any party, including without limitation, distributing VISISERVICES as part of a VAR, OEM, distributor or reseller arrangement. If Licensee integrates VISISERVICES into a Work and intends to distribute or resell the resulting integrated Work, Licensee must contact Licensor to obtain the appropriate distribution license. Notwithstanding the prohibition hereunder against decompiling this Licensed Software, Licensee may use that portion of the Licensed Software identified as "API Decompiler" for inspecting the public application programming interface (API) of the JAVA BEANS COMPONENT LIBRARY, DATAEXPRESS, DBSWING and OPENTOOLS API modules. The following Java Technology Restrictions are applicable to the component of this Licensed Software identified as SonicMQ if it accompanies the Licensed Software: Licensee may not modify the Java Platform Interface ("JPI", identified as classes contained within the "java" package or any subpackages of the "java" package), by creating additional classes within the JPI or otherwise causing the addition to or modification of the classes in the JPI. In the event that Licensee otherwise create an additional class and associated API(s) which (i) extends the functionality of a Java platform, and (ii) is exposed to third party software developers for the purpose of developing additional software which invokes such additional API, Licensee must promptly publish broadly an accurate specification for such API for free use by all developers. Licensee may not create, or authorize its own licensees to create additional classes, interfaces, or subpackages that are in any way identified as "java", "javax", "sun" or similar convention as specified by sun in any class file naming convention. This Licensed Software may include certain files, libraries and/or source code specifically designated as “redistributables" by Licensor in the accompanying printed or on-line documentation and that are necessary to use works created using the Product ("Redistributables"). From time to time, Licensor may designate other files as Redistributables. Subject to the terms and conditions of this License Agreement, Licensee may freely redistribute source code or compiled code that is entirely Licensee’s own and does not contain any Redistributables. Subject to the terms and conditions of this License Agreement, Licensor grants Licensee the personal, non-exclusive, non-transferable and limited license to: (a) make exact copies of the Redistributables and distribute those copies solely as components of Licensee’s Works and solely as required for permitting end users of the Works ('End users") to install and execute the Works; (b) install and execute Redistributables, without modification, solely for Licensee’s own internal use; and (c) sublicense to End Users the personal, non-exclusive, non-transferable right to install and execute Redistributables, without modification, solely as components of Works and solely for such End Users' own internal use, subject to End Users' compliance with the restrictions in this License Agreement. These rights granted may not be exercised by others, including co-developers, regardless of how Licensee’s Works are compiled, linked, or packaged. These rights apply only to Redistributables and to no other file, library, source code or other component or derivative work of the Licensed Software. They may be exercised only with respect to works created by Licensee using a duly licensed, properly registered copy of the Licensed Software.
Appears in 3 contracts
Samples: License Agreement, License Agreement, License Agreement
APPLICATION MIDDLEWARE PRODUCTS. Licensee may not include this Licensed Software or any component thereof in any general-purpose software development tool, library, component, or any other product that is generally competitive with or a substitute sub stitute for the Licensed Software or any other Licensor product offerings; nor may Licensee use the Licensed Software to create a product or operate a service that tha t is generally competitive with the Licensed Software or any other Licensor product offerings, including any general-purpose software development tool. The foregoing restriction does not apply, however, to use of the Licensed Software to develop "plug-ins" (i.e., integrations created using the Licensed Software's open tools API) so long as such plug-ins are designed to provide supplementary functionality to the Licensed Software. This Licensed Software is not redistributable. Licensee is not permitted to reproduce the Licensed Software for sublicensing, resale, lending, leasing, deployment or distribution to any party, including without limitation, distributing the Licensed Software as part of a VAR, OEM, distributor or reseller arrangement. If Licensee integrates the Licensed Software into a Work and intends to distribute or resell the resulting integrated Work, Licensee must contact Licensor to obtain the appropriate distribution license. The portions of this Licensed Software identified as VISISECURE, VISITRANSACT, VISINOTIFY, VISITIME and VISITELCOLOG (collectivelyco llectively, the " VISISERVICES") are not redistributable. This License Agreement does not permit Licensee to execute, or otherwise use the VISISERVICES portion of the Licensed Software for any purpose unless Licensee has acquired a separate Development and/or Deployment License Licens e for VISISERVICES directly from Licensor before developing or deploying any Work that uses such portion of the Licensed Software. Licensee Licen see is not permitted to reproduce VISISERVICES for sublicensing, resale, lending, leasing, deployment or distribution to any party, including without limitation, distributing VISISERVICES as part of a VAR, OEM, distributor or reseller arrangement. If Licensee integrates VISISERVICES into a Work and intends to distribute or resell the resulting integrated Work, Licensee must contact Licensor to obtain the appropriate distribution license. Notwithstanding the prohibition hereunder against decompiling this Licensed Software, Licensee may use that portion of the Licensed Li censed Software identified as "API Decompiler" for inspecting the public application programming interface (API) of the JAVA BEANS COMPONENT LIBRARY, DATAEXPRESS, DBSWING and OPENTOOLS API modules. The following Java Technology Restrictions are applicable to the component of this Licensed Software identified as SonicMQ if it accompanies the Licensed Software: Licensee may not modify the Java Platform Interface ("JPI", identified as classes contained within the "javaja va" package or any subpackages of the "java" package), by creating additional classes within the JPI or otherwise causing ca using the addition to or modification of the classes in the JPI. In the event that Licensee otherwise create an additional class and associated API(s) which (i) extends the functionality of a Java platform, and (ii) is exposed to third party software developers for the purpose of developing additional software which invokes such additional API, Licensee must promptly publish broadly an accurate specification for such API for free use by all developers. Licensee may not create, or authorize its own licensees to create additional classes, interfaces, or subpackages that are in any way identified as "java", "javax", "sun" or similar convention as specified by sun in any class file naming convention. This Licensed Software may include certain files, libraries and/or source code specifically designated as “redistributables" by Licensor in the accompanying printed or on-line documentation and that are necessary to use works created using the Product ("Redistributables"). From time to time, Licensor may designate other files as Redistributables. Subject to the terms and conditions of this License Agreement, Licensee may freely redistribute source code or compiled code that is entirely Licensee’s Licensee‟s own and does not contain any Redistributables. Subject to the terms and conditions of this License Agreement, Licensor grants Licensee the personal, non-exclusive, non-transferable and limited license to: (a) make exact copies of the Redistributables and distribute those copies solely as components of Licensee’s Licensee‟s Works and solely as required for permitting end users of the Works ('End users") to install and execute the Works; (b) install and execute Redistributables, without modification, solely for Licensee’s Licensee‟s own internal use; and (c) sublicense to End Users the personal, non-exclusive, non-transferable right to install and execute Redistributables, without modification, solely as components of Works and solely for such End Users' own internal use, subject subjec t to End Users' compliance with the restrictions in this License Agreement. These rights granted may not be exercised by others, including co-developers, regardless of how Licensee’s Licensee‟s Works are compiled, linked, or packaged. These rights apply only to Redistributables and to no other o ther file, library, source code or other component or derivative work of the Licensed Software. They may be exercised only with respect to works created by Licensee using a duly licensed, properly registered copy of the Licensed Software.
Appears in 2 contracts
Samples: License Agreement, License Agreement
APPLICATION MIDDLEWARE PRODUCTS. Licensee may not include this Licensed Software or any component thereof in any general-general- purpose software development tool, library, component, or any other product that is generally competitive with or a substitute for the Licensed Software or any other Licensor product offerings; nor may Licensee use the Licensed Software to create a product or operate a service that is generally competitive with the Licensed Software or any other Licensor product offerings, including any general-purpose software development tool. The foregoing restriction does not apply, however, to use of the Licensed Software to develop "plug-ins" (i.e., integrations created using the Licensed Software's open tools API) so long as such plug-ins are designed to provide supplementary functionality to the Licensed Software. This Licensed Software is not redistributable. Licensee is not permitted to reproduce the Licensed Software for sublicensing, resale, lending, leasing, deployment or distribution to any party, including without limitation, distributing the Licensed Software as part of a VAR, OEM, distributor or reseller arrangement. If Licensee integrates the Licensed Software into a Work and intends to distribute or resell the resulting integrated Work, Licensee must contact Licensor to obtain the appropriate distribution license. The portions of this Licensed Software identified as VISISECURE, VISITRANSACT, VISINOTIFY, VISITIME and VISITELCOLOG (collectively, the " VISISERVICES") are not redistributable. This License Agreement does not permit Licensee to execute, or otherwise use the VISISERVICES portion of the Licensed Software for any purpose unless Licensee has acquired a separate Development and/or Deployment License for VISISERVICES directly from Licensor before developing or deploying any Work that uses such portion of the Licensed Software. Licensee is not permitted to reproduce VISISERVICES for sublicensing, resale, lending, leasing, deployment or distribution to any party, including without limitation, distributing VISISERVICES as part of a VAR, OEM, distributor or reseller arrangement. If Licensee integrates VISISERVICES into a Work and intends to distribute or resell the resulting integrated Work, Licensee must contact Licensor to obtain the appropriate distribution license. Notwithstanding the prohibition hereunder against decompiling this Licensed Software, Licensee may use that portion of the Licensed Software identified as "API Decompiler" for inspecting the public application programming interface (API) of the JAVA BEANS COMPONENT LIBRARY, DATAEXPRESS, DBSWING and OPENTOOLS API modules. The following Java Technology Restrictions are applicable to the component of this Licensed Software identified as SonicMQ if it accompanies the Licensed Software: Licensee may not modify the Java Platform Interface ("JPI", identified as classes contained within the "java" package or any subpackages of the "java" package), by creating additional classes within the JPI or otherwise causing the addition to or modification of the classes in the JPI. In the event that Licensee otherwise create an additional class and associated API(s) which (i) extends the functionality of a Java platform, and (ii) is exposed to third party software developers for the purpose of developing additional software which invokes such additional API, Licensee must promptly publish broadly an accurate specification for such API for free use by all developers. Licensee may not create, or authorize its own licensees to create additional classes, interfaces, or subpackages that are in any way identified as "java", "javax", "sun" or similar convention as specified by sun in any class file naming convention. This Licensed Software may include certain files, libraries and/or source code specifically designated as “redistributables" by Licensor in the accompanying printed or on-line documentation and that are necessary to use works created using the Product ("Redistributables"). From time to time, Licensor may designate other files as Redistributables. Subject to the terms and conditions of this License Agreement, Licensee may freely redistribute source code or compiled code that is entirely Licensee’s own and does not contain any Redistributables. Subject to the terms and conditions of this License Agreement, Licensor grants Licensee the personal, non-exclusive, non-transferable and limited license to: (a) make exact copies of the Redistributables and distribute those copies solely as components of Licensee’s Works and solely as required for permitting end users of the Works ('End users") to install and execute the Works; (b) install and execute Redistributables, without modification, solely for Licensee’s own internal use; and (c) sublicense to End Users the personal, non-exclusive, non-transferable right to install and execute Redistributables, without modification, solely as components of Works and solely for such End Users' own internal use, subject to End Users' compliance with the restrictions in this License Agreement. These rights granted may not be exercised by others, including co-developers, regardless of how Licensee’s Works are compiled, linked, or packaged. These rights apply only to Redistributables and to no other file, library, source code or other component or derivative work of the Licensed Software. They may be exercised only with respect to works created by Licensee using a duly licensed, properly registered copy of the Licensed Software.
Appears in 2 contracts
Samples: License Agreement, License Agreement
APPLICATION MIDDLEWARE PRODUCTS. Licensee may not include this Licensed Software or any component thereof in any general-general- purpose software development tool, library, component, or any other product that is generally competitive with or a substitute for the Licensed Software or any other Licensor product offerings; nor may Licensee use the Licensed Software to create a product or operate a service that is generally competitive with the Licensed Software or any other Licensor product offerings, including any general-purpose software development tool. The foregoing restriction does not apply, however, to use of the Licensed Software to develop "plug-ins" (i.e., integrations created using the Licensed Software's open tools API) so long as such plug-ins are designed to provide supplementary functionality to the Licensed Software. This Licensed Software is not redistributable. Licensee is not permitted to reproduce the Licensed Software for sublicensing, resale, lending, leasing, deployment or distribution to any party, including without limitation, distributing the Licensed Software as part of a VAR, OEM, distributor or reseller arrangement. If Licensee integrates the Licensed Software into a Work and intends to distribute or resell the resulting integrated Work, Licensee must contact Licensor to obtain the appropriate distribution license. The portions of this Licensed Software identified as VISISECURE, VISITRANSACT, VISINOTIFY, VISITIME and VISITELCOLOG (collectively, the " VISISERVICES") are not redistributable. This License Agreement does not permit Licensee to execute, or otherwise use the VISISERVICES portion of the Licensed Software for any purpose unless Licensee has acquired a separate Development and/or Deployment License for VISISERVICES directly from Licensor before developing or deploying any Work that uses such portion of the Licensed Software. Licensee is not permitted to reproduce VISISERVICES for sublicensing, resale, lending, leasing, deployment or distribution to any party, including without limitation, distributing VISISERVICES as part of a VAR, OEM, distributor or reseller arrangement. If Licensee integrates VISISERVICES into a Work and intends to distribute or resell the resulting integrated Work, Licensee must contact Licensor to obtain the appropriate distribution license. Notwithstanding the prohibition hereunder against decompiling this Licensed Software, Licensee may use that portion of the Licensed Software identified as "API Decompiler" for inspecting the public application programming interface (API) of the JAVA BEANS COMPONENT LIBRARY, DATAEXPRESS, DBSWING and OPENTOOLS API modules. The following Java Technology Restrictions are applicable to the component of this Licensed Software identified as SonicMQ if it accompanies the Licensed Software: Licensee may not modify the Java Platform Interface ("JPI", identified as classes contained within the "java" package or any subpackages of the "java" package), by creating additional classes within the JPI or otherwise causing the addition to or modification of the classes in the JPI. In the event that Licensee otherwise create an additional class and associated API(s) which (i) extends the functionality of a Java platform, and (ii) is exposed to third party software developers for the purpose of developing additional software which invokes such additional API, Licensee must promptly publish broadly an accurate specification for such API for free use by all developers. Licensee may not create, or authorize its own licensees to create additional classes, interfaces, or subpackages that are in any way identified as "java", "javax", "sun" or similar convention as specified by sun in any class file naming convention. This Licensed Software may include certain files, libraries and/or source code specifically designated as “redistributables" by Licensor in the accompanying printed or on-line documentation and that are necessary to use works created using the Product ("Redistributables"). From time to time, Licensor may designate other files as Redistributables. Subject to the terms and conditions of this License Agreement, Licensee may freely redistribute source code or compiled code that is entirely Licensee’s Licensee‟s own and does not contain any Redistributables. Subject to the terms and conditions of this License Agreement, Licensor grants Licensee the personal, non-exclusive, non-transferable and limited license to: (a) make exact copies of the Redistributables and distribute those copies solely as components of Licensee’s Licensee‟s Works and solely as required for permitting end users of the Works ('End users") to install and execute the Works; (b) install and execute Redistributables, without modification, solely for Licensee’s Licensee‟s own internal use; and (c) sublicense to End Users the personal, non-exclusive, non-transferable right to install and execute Redistributables, without modification, solely as components of Works and solely for such End Users' own internal use, subject to End Users' compliance with the restrictions in this License Agreement. These rights granted may not be exercised by others, including co-developers, regardless of how Licensee’s Licensee‟s Works are compiled, linked, or packaged. These rights apply only to Redistributables and to no other file, library, source code or other component or derivative work of the Licensed Software. They may be exercised only with respect to works created by Licensee using a duly licensed, properly registered copy of the Licensed Software.. ENDS
Appears in 1 contract
Samples: License Agreement
APPLICATION MIDDLEWARE PRODUCTS. Licensee may not include this Licensed Software or any component thereof in any general-purpose software development tool, library, component, or any other product that is generally competitive with or a substitute for the Licensed Software or any other Licensor product offerings; nor may Licensee use the Licensed Software to create a product or operate a service that is generally competitive with the Licensed Software or any other Licensor product offerings, including any general-purpose software development tool. The foregoing restriction does not apply, however, to use of the Licensed Software to develop "plug-ins" (i.e., integrations created using the Licensed Software's open tools API) so long as such plug-ins are designed to provide supplementary functionality to the Licensed Software. This Licensed Software is not redistributable. Licensee is not permitted to reproduce the Licensed Software for sublicensing, resale, lending, leasing, deployment or distribution to any party, including without limitation, distributing the Licensed Software as part of a VAR, OEM, distributor or reseller arrangement. If Licensee integrates the Licensed Software into a Work and intends to distribute or resell the resulting integrated Work, Licensee must contact Licensor to obtain the appropriate distribution license. The portions of this Licensed Software identified as VISISECURE, VISITRANSACT, VISINOTIFY, VISITIME and VISITELCOLOG (collectively, the " VISISERVICES") are not redistributable. This License Agreement does not permit Licensee to execute, or otherwise use the VISISERVICES portion of the Licensed Software for any purpose unless Licensee has acquired a separate Development and/or Deployment License for VISISERVICES directly from Licensor before developing or deploying any Work that uses such portion of the Licensed Software. Licensee is not permitted to reproduce VISISERVICES for sublicensing, resale, lending, leasing, deployment or distribution to any party, including without limitation, distributing VISISERVICES as part of a VAR, OEM, distributor or reseller arrangement. If Licensee integrates VISISERVICES into a Work and intends to distribute or resell the resulting integrated Work, Licensee must contact Licensor to obtain the appropriate distribution license. Notwithstanding the prohibition hereunder against decompiling this Licensed Software, Licensee may use that portion of the Licensed Software identified as "API Decompiler" for inspecting the public application programming interface (API) of the JAVA BEANS COMPONENT LIBRARY, DATAEXPRESS, DBSWING and OPENTOOLS API modules. The following Java Technology Restrictions are applicable to the component of this Licensed Software identified as SonicMQ if it accompanies the Licensed Software: Licensee may not modify the Java Platform Interface ("JPI", identified as classes contained within the "java" package or any subpackages of the "java" package), by creating additional classes within the JPI or otherwise causing the addition to or modification of the classes in the JPI. In the event that Licensee otherwise create an additional class and associated API(s) which (i) extends the functionality of a Java platform, and (ii) is exposed to third party software developers for the purpose of developing additional software which invokes such additional API, Licensee must promptly publish broadly an accurate specification for such API for free use by all developers. Licensee may not create, or authorize its own licensees to create additional classes, interfaces, or subpackages that are in any way identified as "java", "javax", "sun" or similar convention as specified by sun in any class file naming convention. This Licensed Software may include certain files, libraries and/or source code specifically designated as “redistributables" by Licensor in the accompanying printed or on-line documentation and that are necessary to use works created using the Product ("Redistributables"). From time to time, Licensor may designate other files as Redistributables. Subject to the terms and conditions of this License Agreement, Licensee may freely redistribute source code or compiled code that is entirely Licensee’s own and does not contain any Redistributables. Subject to the terms and conditions of this License Agreement, Licensor grants Licensee the personal, non-exclusive, non-transferable and limited license to: (a) make exact copies of the Redistributables and distribute those copies solely as components of Licensee’s Works and solely as required for permitting end users of the Works ('End users") to install and execute the Works; (b) install and execute Redistributables, without modification, solely for Licensee’s own internal use; and (c) sublicense to End Users the personal, non-exclusive, non-non- transferable right to install and execute Redistributables, without modification, solely as components of Works and solely for such End Users' own internal use, subject to End Users' compliance with the restrictions in this License Agreement. These rights granted may not be exercised by others, including co-developers, regardless of how Licensee’s Works are compiled, linked, or packaged. These rights apply only to Redistributables and to no other file, library, source code or other component or derivative work of the Licensed Software. They may be exercised only with respect to works created by Licensee using a duly licensed, properly registered copy of the Licensed Software. OPTIMAL TRACE®, QADIRECTOR®, SILK QALOADTM, SILK TESTPARTNERTM, AND DEVPARTNER®. This Licensed Software may include or come with a separate component for monitoring authorized use, including the policy files and license keys required to use the Licensed Software (the “License Authorization Server” or “LAS”). The LAS may be installed on a single-specified computer system at the specific site for which Licensee has contracted (the “Designated System”). The LAS, or any part thereof, may not be transferred from the Designated System. Regardless of the installation of the LAS, Licensee must remain compliant with the terms and conditions in this License Agreement (including without limitation any license restrictions and number of users permitted pursuant to this License Agreement). The LAS cannot be used or installed on a Virtual Machine. Licensee may not transfer, ship or use this Licensed Software outside the country in which it was originally licensed to Licensee. Only one copy of the Licensed Software may be installed on a single computer at any one time unless: (A) the Licensed Software is designed and intended by Contractor for use in a shared network client server environment, as set forth in the Documentation; or (B) Licensee has purchased a license for each individual user of the Licensed Software and/or for each computer that will have access to the Licensed Software. Except for Optimal Trace Enterprise Edition, in the event the Licensed Software is designed and intended by Contractor for use in a shared network client server environment, Licensee may only install the Licensed Software on a single server. The following shall only apply if the Licensed Software is device driver development software, used by Licensee to develop application or device driver programs (“User Software”), as specified in the Documentation. The User Software may include run-time components (“RTCs”) that have been extracted by the Licensed Software from the library files of the Licensed Software, programs to remotely test the User Software, and compiled code examples. These RTCs, examples, and programs are specifically designated as redistributable in the Documentation. Licensee has a worldwide, non-exclusive, royalty-free, restricted license to: (A) modify, compile and distribute the driver code examples; (B) distribute the remote testing program for testing purposes only; (C) embed the RTCs and driver code examples in its User Software, in object code form only; and (D) reproduce and distribute the RTCs and driver code examples embedded in its User Software, in object code form only provided that with respect to each of (A) – (D) inclusive (i) Licensee distributes the RTCs and driver code examples only in conjunction with and as a part of its User Software; (ii) Licensee will be solely responsible to anyone receiving its User Software for any updates, technical and other support obligations, and any other liability which may arise from the distribution of its User Software; (iii) Licensee does not use Contractor’s or its licensors' names, logos, or trademarks to market or distribute its User Software; and (iv) Licensee includes Contractor’s and its licensors' copyright and/or proprietary notices and legends within the executable images of its User Software and on Licensee's software media and documentation. OPTIMAL TRACE®, QADIRECTOR®, SILK QALOADTM, SILK TESTPARTNERTM, AND DEVPARTNER®. This Licensed Software may be used in a Virtual Machine only where licensed for concurrent users. In addition this Licensed Software may be used on any operating system on which the Licensed Software is capable of operating and which is supported by Contractor.
Appears in 1 contract
Samples: License Agreement
