Common use of AUTHORIZATION; VALIDATION Clause in Contracts

AUTHORIZATION; VALIDATION. If applicable, in order to use the Server Software, You will need to obtain authorization to use the Server Software. “Authorization” associates the use of the Server Software with a specific Server. After Authorization, Actian may verify that use of the Server Software has been authorized and that the Server Software is properly licensed (“Validation”). Validation may re-occur on a periodic basis, when the Server Software is restarted and may also occur during Server Software installation, un-installation, updates and license management activities. In most instances where Actian is unable to validate the Server Software, You will have notice (via an alert or log in the Server Software) before any such suspension or termination in order to permit You to obtain a valid license for the Server Software. Failure by Actian to suspend or terminate Your use of the Server Software despite having an invalid license does not constitute a waiver by Actian of any rights or remedies Actian may have for Your unauthorized use of the Server Software. In the event You uninstall the Server Software and reinstall on a different Server during the transfer itself or during a subsequent upgrade process You may be required to repeat on-line Authorization and/or Validation of Your Server Software. For purposes of clarification, except as may be permitted pursuant to a Multi-Server License, You may not copy the Server Software and install such additional copy on a Server without the payment of additional license fees. During Authorization and any subsequent Validation, the Server Software will send information about the Server Software and Server to Actian. The information sent to Actian includes, but is not limited to, (i) product authorization key, (ii) information derived from the hardware configuration of the Server, such as host name, hard drive serial number, NIC card MAC addresses, BIOS firmware, CPU type and OS type, and (iii) information about existing or past Actian installations and items of a similar nature. For more information about what is sent during Server Software authorization and validation, see xxxx://xxx.Xxxxxx.xxx/database. By using the Server Software and Documentation, You consent to the transmission of this information during Server Software Authorization and/or Validation.

AUTHORIZATION; VALIDATION. If applicable, in order to use the Server Software, You will need to obtain authorization to use the Server Software. “"Authorization” " associates the use of the Server Software with a specific Server. After Authorization, Actian may verify that use of the Server Software has been authorized and that the Server Software is properly licensed (“"Validation”"). Validation may re-occur on a periodic basis, when the Server Software is restarted and may also occur during Server Software installation, un-installation, updates and license management activities. In most instances where Actian is unable to validate the Server Software, You will have notice (via an alert or log in the Server Software) before any such suspension or termination in order to permit You to obtain a valid license for the Server Software. Failure by Actian to suspend or terminate Your use of the Server Software despite having an invalid license does not constitute a waiver by Actian of any rights or remedies Actian may have for Your unauthorized use of the Server Software. In the event You uninstall the Server Software and reinstall on a different Server during the transfer itself or during a subsequent upgrade process You may be required to repeat on-line Authorization and/or Validation of Your Server Software. For purposes of clarification, except as may be permitted pursuant to a Multi-Server License, You may not copy the Server Software and install such additional copy on a Server without the payment of additional license fees. During Authorization and any subsequent Validation, the Server Software will send information about the Server Software and Server to Actian. The information sent to Actian includes, but is not limited to, (i) product authorization key, (ii) information derived from the hardware configuration of the Server, such as host name, hard drive serial number, NIC card MAC addresses, BIOS firmware, CPU type and OS type, and (iii) information about existing or past Actian installations and items of a similar nature. For more information about what is sent during Server Software authorization and validation, see xxxx://xxx.Xxxxxx.xxx/database. By using the Server Software and Documentation, You consent to the transmission of this information during Server Software Authorization and/or Validation.

AUTHORIZATION; VALIDATION. If applicable, in In order to use the Server Software, You will need to obtain authorization to use the Server Software. “Authorization” associates the use of the Server Software with a specific Server. After Authorization, Actian may verify that use of the Server Software has been authorized and that the Server Software is properly licensed (“Validation”). Validation may re-occur on a periodic basis, when the Server Software is restarted and may also occur during Server Software installation, un-installation, updates and license management activities. In most instances where Actian is unable to validate the Server Software, You will have notice (via an alert or log in the Server Software) before any such suspension or termination in order to permit You to obtain a valid license for the Server Software. Failure by Actian to suspend or terminate Your use of the Server Software despite having an invalid license does not constitute a waiver by Actian of any rights or remedies Actian may have for Your unauthorized use of the Server Software. In the event You uninstall the Server Software and reinstall on a different Server during the transfer itself or during a subsequent upgrade process You may be required to repeat on-line Authorization and/or Validation of Your Server Software. For purposes of clarification, except as may be permitted pursuant to a Multi-Server License, You may not copy the Server Software and install such additional copy on a Server without the payment of additional license fees. During Authorization and any subsequent Validation, the Server Software will send information about the Server Software and Server to Actian. The information sent to Actian includes, but is not limited to, (i) product authorization key, (ii) information derived from the hardware configuration of the Server, such as host name, hard drive serial number, NIC card MAC addresses, BIOS firmware, CPU type and OS type, and (iii) information about existing or past Actian installations and items of a similar nature. For more information about what is sent during Server Software authorization and validation, see xxxx://xxx.Xxxxxx.xxx/databasexxxx://xxx.xxxxxxxxx.xxx/database. By using the Server Software and Documentation, You consent to the transmission of this information during Server Software Authorization and/or Validation.

AUTHORIZATION; VALIDATION. If applicable, in In order to use the Server Software, You will need to obtain authorization to use the Server Software. “Authorization” associates the use of the Server Software with a specific Server. After Authorization, Actian Pervasive may verify that use of the Server Software has been authorized and that the Server Software is properly licensed (“Validation”). Validation may re-occur on a periodic basis, when the Server Software is restarted and may also occur during Server Software installation, un-un- installation, updates and license management activities. In most instances where Actian Pervasive is unable to validate the Server Software, You will have notice (via an alert or log in the Server Software) before any such suspension or termination in order to permit You to obtain a valid license for the Server Software. Failure by Actian Pervasive to suspend or terminate Your use of the Server Software despite having an invalid license does not constitute a waiver by Actian Pervasive of any rights or remedies Actian Pervasive may have for Your unauthorized use of the Server Software. In the event You uninstall the Server Software and reinstall on a different Server during the transfer itself or during a subsequent upgrade process You may be required to repeat on-line Authorization and/or Validation of Your Server Software. For purposes of clarification, except as may be permitted pursuant to a Multi-Server License, You may not copy the Server Software and install such additional copy on a Server without the payment of additional license feesfees . During Authorization and any subsequent Validation, the Server Software will send information about the Server Software and Server to ActianPervasive. The information sent to Actian Pervasive includes, but is not limited to, (i) product authorization key, (ii) information derived from the hardware configuration of the Server, such as host name, hard drive serial number, NIC card MAC addresses, BIOS firmware, CPU type and OS type, and (iii) information about existing or past Actian Pervasive installations and items of a similar nature. For more information about what is sent during Server Software authorization and validation, see xxxx://xxx.Xxxxxx.xxx/databasexxxx://xxx.xxxxxxxxx.xxx/database. By using the Server Software and Documentation, You consent to the transmission of this information during Server Software Authorization and/or Validation.

AUTHORIZATION; VALIDATION. If applicable, in In order to use the Server Software, You will need to obtain authorization authoriza- tion to use the Server Software. “Authorization” associates the use of the Server Software with a specific Server. After Authorization, Actian Pervasive may verify that use of the Server Software has been authorized and that the Server Software is properly licensed (“Validation”). Validation may re-occur on a periodic basis, when the Server Software is restarted and may also occur during Server Software installation, un-installation, updates and license management activities. For Vx Server Edition, You are required to enable Internet access in order to permit automatic periodic validation by Pervasive. If the Server fails Validation during a periodic Validation check, Validation checks may occur on a more frequent basis until the Server Software achieves Validation or Pervasive suspends or terminates Your use of the Server Software in order to prevent unlicensed use. In most instances where Actian Pervasive is unable to validate the Server Software, You will have notice (via an alert or log in the Server Software) before any such suspension or termination in order to permit You to obtain a valid license for the Server Software. Failure by Actian Pervasive to suspend or terminate Your your use of the Server Software despite having an invalid license does not constitute a waiver by Actian Pervasive of any rights or remedies Actian Pervasive may have for Your unauthorized use of the Server Software. In the event You uninstall the Server Software and reinstall on a different Server during the transfer itself or during a subsequent upgrade process You may be required to repeat on-line Authorization and/or Validation of Your your Server Software. For purposes of clarification, except as may be permitted pursuant to a Vx Server Edition Multi-Server License, You may not copy the Server Software and install such additional copy on a Server without the payment of additional license fees. During Authorization and any subsequent Validation, the Server Software will send information about the Server Software and Server to ActianPervasive. The information sent to Actian Pervasive includes, but is not limited to, (i) product authorization key, (ii) information derived from the hardware configuration of the Server, such as host name, hard drive serial number, NIC card MAC addresses, BIOS firmware, CPU type and OS type, and (iii) information about existing or past Actian Pervasive installations and items of a similar nature. For more information about what is sent during Server Software authorization and validation, see xxxx://xxx.Xxxxxx.xxx/databasexxxx://xxx.xxxxxxxxxxx.xxx. By using the Server Software and Documentation, You consent to the transmission of this information during Server Software Authorization and/or and/ or Validation.

AUTHORIZATION; VALIDATION. If applicable, in In order to use the Server Software, You will need to obtain authorization to use the Server Software. “Authorization” associates the use of the Server Software with a specific Server. After Authorization, Actian Pervasive may verify that use of the Server Software has been authorized and that the Server Software is properly licensed (“Validation”). Validation may re-occur on a periodic basis, when the Server Software is restarted and may also occur during Server Software installation, un-installation, updates and license management activities. In most instances where Actian Pervasive is unable to validate the Server Software, You will have notice (via an alert or log in the Server Software) before any such suspension or termination in order to permit You to obtain a valid license for the Server Software. Failure by Actian Pervasive to suspend or terminate Your use of the Server Software despite having an invalid license does not constitute a waiver by Actian Pervasive of any rights or remedies Actian Pervasive may have for Your unauthorized use of the Server Software. In the event You uninstall the Server Software and reinstall on a different Server during the transfer itself or during a subsequent upgrade process You may be required to repeat on-line Authorization and/or Validation of Your Server Software. For purposes of clarification, except as may be permitted pursuant to a Multi-Server License, You may not copy the Server Software and install such additional copy on a Server without the payment of additional license fees. During Authorization and any subsequent Validation, the Server Software will send information about the Server Software and Server to ActianPervasive. The information sent to Actian Pervasive includes, but is not limited to, (i) product authorization key, (ii) information derived from the hardware configuration of the Server, such as host name, hard drive serial number, NIC card MAC addresses, BIOS firmware, CPU type and OS type, and (iii) information about existing or past Actian Pervasive installations and items of a similar nature. For more information about what is sent during Server Software authorization and validation, see xxxx://xxx.Xxxxxx.xxx/databasexxxx://xxx.xxxxxxxxx.xxx/database. By using the Server Software and Documentation, You consent to the transmission of this information during Server Software Authorization and/or Validation.

AUTHORIZATION; VALIDATION. If applicable, in In order to use the Server Software, You will need to obtain authorization to use the Server Software. “Authorization” associates the use of the Server Software with a specific Server. After Authorization, Actian may verify that use of the Server Software has been authorized and that the Server Software is properly licensed (“Validation”). Validation may re-occur on a periodic basis, when the Server Software is restarted and may also occur during Server Software installation, un-installation, updates and license management activities. In most instances where Actian is unable to validate the Server Software, You will have notice (via an alert or log in the Server Software) before any such suspension or termination in order to permit You to obtain a valid license for the Server Software. Failure by Actian to suspend or terminate Your use of the Server Software despite having an invalid license does not constitute a waiver by Actian of any rights or remedies Actian may have for Your unauthorized use of the Server Software. In the event You uninstall the Server Software and reinstall on a different Server during the transfer itself or during a subsequent upgrade process You may be required to repeat on-line Authorization and/or Validation of Your Server Software. For purposes of clarification, except as may be permitted pursuant to a Multi-Server License, You may not copy the Server Software and install such additional copy on a Server without the payment of additional license fees. During Authorization and any subsequent Validation, the Server Software will send information about the Server Software and Server to Actian. The information sent to Actian includes, but is not limited to, (i) product authorization key, (ii) information derived from the hardware configuration of the Server, such as host name, hard drive serial number, NIC card MAC addresses, BIOS firmware, CPU type and OS type, and (iii) information about existing or past Actian installations and items of a similar nature. For more information about what is sent during Server Software authorization and validation, see xxxx://xxx.Xxxxxx.xxx/database. By using the Server Software and Documentation, You consent to the transmission of this information during Server Software Authorization and/or Validation.