Bundled Distribution Sample Clauses

Bundled Distribution. (i) Subject to the other terms and conditions of this Agreement, as of the Closing Omnis also grants to Paradigm a worldwide, fully paid and nonexclusive license ("Bundled License") to distribute and sublicense to End Users the commercial release version of the Metamorph software in object code format solely as a bundled product with the then current version of the Paradigm Tradewinds Financials SQL Enterprise accounting system software, the Paradigm PBS IV Facilities Maintenance Program software or the Paradigm BuyerCentral software (singly "Paradigm Product" and collectively "Paradigm Products"). Paradigm shall have no right or license to distribute or sublicense any part of the Metamorph software separate from the Paradigm Products. This limited license also shall not extend to any other software products released by or for Paradigm and shall not include any support obligations by Omnis. Each sublicense to End Users hereunder shall be pursuant and subject to an End User Agreement; and Paradigm covenants that it will fully enforce all such agreements at its expense for the benefit of Omnis. Any warranties or representations to the End User shall be those of Paradigm only and Omnis shall make no express or implied warranty or representation to the End User of any kind; and Paradigm shall fully indemnify, defend and hold Omnis harmless from any claims or actions of any End Users of any nature. (ii) With respect to any particular Paradigm Product, the Bundled License shall be transferable as an integrated part of the bonafide sale or other transfer by Paradigm of exclusive worldwide ownership and all other right, title and interest in and to such Paradigm Product to a third person or entity ("Purchaser"); provided however that (1) Paradigm shall have no right to transfer such Bundled License prior to the Closing under any circumstances, (2) Paradigm represents and warrants that it has no commitments or plans to make any such transfer, (3) such transfer shall be subject to the prior written consent of Omnis, which subject to the other provisions hereof shall not be unreasonably withheld, (4) such Purchaser shall not be a direct competitor of Omnis or its successor in the field of computer software and shall not be affiliated or related to any such direct competitor, (5) the Bundled License shall not be further transferable by Purchaser or any other person or entity, and (6) as an integrated part of such transfer, (A) Omnis or its successor shall be granted b...
AutoNDA by SimpleDocs
Bundled Distribution. StreamLogic shall distribute FWB Firmware and FWB Software and Documentation only as part of and bundled with a StreamLogic Product in accordance with this Agreement. StreamLogic shall not distribute, sell or otherwise dispose of FWB Firmware, FWB Software or Documentation, or any copy or portion thereof, as a separate or stand-alone product. StreamLogic will ensure that a copy of the End-User Agreement, together with an End User registration card, accompanies each copy of the FWB Software distributed to End-Users in the manner specified by FWB from time to time.

Related to Bundled Distribution

  • Qualified Distributions Qualified distributions from your Xxxx XXX (both the contributions and earnings) are not included in your income. A qualified distribution is a distribution which is made after the expiration of the five-year period beginning January 1 of the first year for which you made a contribution to any Xxxx XXX (including a conversion from a Traditional IRA), and is made on account of one of the following events. • Attainment of age 59½ • Disability • First-time homebuyer purchase • Death For example, if you made a contribution to your Xxxx XXX for 2007, the five-year period for determining whether a distribution is a qualified distribution is satisfied as of January 1, 2012.

  • Unbundled Sub-Loop Distribution Voice Grade (USLD-VG) is a copper sub- loop facility from the cross-box in the field up to and including the point of demarcation at the End User’s premises and may have load coils.

  • Required Distributions Except in the case of a special needs beneficiary, the assets of the Xxxxxxxxx ESA are required to be distributed to the designated beneficiary within 30 days of the designated beneficiary’s attainment of age 30. The designated beneficiary will be subject to both income tax and an additional 10 percent penalty tax on the portion of the distribution that represents earnings, if the designated beneficiary does not have any qualified education expenses in that year. Any balance remaining in the Xxxxxxxxx ESA upon the death of the designated beneficiary will be distributed within 30 days of the designated beneficiary’s death, unless a death beneficiary is named and the death beneficiary is a qualified family member under age 30. If the death beneficiary is a qualified family member under age 30, that individual will become the designated beneficiary as of the date of death. Qualified family members include the designated beneficiary’s child, grandchild, or xxxxxxxxx, brother, sister, stepbrother, or stepsister, nephew or niece, parents, stepparents, or grandparents, uncle or aunt, spouses of all the family members listed above, cousin, and the designated beneficiary’s spouse. If a qualified family member becomes the designated beneficiary, the custodian, if it so chooses for any reason (e.g., due to limitations of its charter or bylaws), may require a total distribution of the Xxxxxxxxx ESA by December 31 of the year following the year of the original designated beneficiary’s death.

  • Award Distribution In the event Lessor accepts Lessee's offer to purchase the Leased Property, or to substitute a new property for the Leased Property, as described in clause (b) of Section 15.4, the entire Award shall belong to Lessee provided no event of default is continuing and Lessor agrees to assign to Lessee all of its rights thereto. In any other event, the entire Award shall belong to and be paid to Lessor, except that, if this Lease is terminated, and subject to the rights of the Facility Mortgagee, Lessee shall be entitled to receive from the Award, if and to the extent such Award specifically includes such items, the following: (a) A sum attributable to the Capital Additions for which Lessee would be entitled to reimbursement at the end of the Term pursuant to the provisions of Section 10.2(c) and the value, if any, of the leasehold interest of Lessee under this Lease; and (b) A sum attributable to Lessee's Personal Property and any reasonable removal and relocation costs included in the Award. If Lessee is required or elects to restore the Facility, Lessor agrees that, subject to the rights of the Facility Mortgagees, its portion of the Award shall be used for such restoration and it shall hold such portion of the Award in trust, for application to the cost of the restoration.

  • Primary Distribution Discount Notes shall be issued and settled through the Fed Book-Entry System in same-day funds and shall be held by designated Fed Participants. After initial issue, all Discount Notes shall continue to be held by such Fed Participants in the Fed Book-Entry System unless arrangements are made for the transfer thereof to other Fed Participants. Discount Notes shall not be exchangeable for definitive Discount Notes.

  • Nonqualified Distributions If you do not meet the requirements for a qualified distribution, any earnings you withdraw from your Xxxx XXX will be included in your gross income and, if you are under age 59½, may be subject to an early distribution penalty tax. However, when you take a distribution, the amounts you contributed annually to any Xxxx XXX and any military death gratuity or Servicemembers’ Group Life Insurance (SGLI) payments that you rolled over to a Xxxx XXX, will be deemed to be removed first, followed by conversion and employer-sponsored retirement plan rollover contributions made to any Xxxx XXX on a first-in, first-out basis. Therefore, your nonqualified distributions will not be taxable to you until your withdrawals exceed the amount of your annual contributions, military death gratuity or SGLI payments and your conversions and employer-sponsored retirement plan rollovers.

  • Liquidation Distribution Distributions made upon dissolution of the Partnership shall be made as provided in Section 9.03.

  • Restricted Distributions Notwithstanding any provision to the contrary contained in this Agreement, neither the Partnership nor the General Partner, on behalf of the Partnership, shall make a distribution to any Holder if such distribution would violate the Act or other applicable law.

  • Hardship Distribution Upon the Board of Director's determination (following petition by the Executive) that the Executive has suffered an unforeseeable financial emergency as described in Section 2.2.2, the Company shall distribute to the Executive all or a portion of the Deferral Account balance as determined by the Company, but in no event shall the distribution be greater than is necessary to relieve the financial hardship.

  • Overtime Distribution The Employer and the Union will discuss Departmental or agency specific overtime distribution policies at the Departmental or agency level. The Employer agrees to follow its existing overtime distribution policies until changed as a result of Employer/Union negotiation.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!