Commercial Software License. Subject to the terms and conditions of this Agreement, including the payment of any and all applicable Subscription fees, Elastic hereby grants MSP during the term of this Agreement a non-exclusive, non-transferable, royalty-free, fully paid up, limited, right and license, without the right to grant or authorize sublicenses, to: (i) use the Commercial Software for Non-Production Purposes; (ii) use the Eligible Features and Functions of the Commercial Software that are applicable to the Subscription Level purchased, for the number of Billable Nodes and/or Resource Units for which the applicable Subscription was purchased and for the duration of the applicable Subscription Term, solely as part of a Managed Services Offering made available to MSP Clients that have entered into an MSP Client Agreement, and (iii) prepare derivative works from the Documentation provided by Elastic to MSP, for the purpose of creating documentation for the Managed Services Offering. The Subscription Level, the number of Billable Nodes and/or Resource Units and the Managed Services Offering for which the applicable Subscription was purchased, are set forth on the applicable Order Form entered into by Elastic and MSP for the purchase of the applicable Subscription. For the avoidance of doubt, MSP’s use of any Open Source Software is subject to the applicable open source license, which may set forth terms and conditions that are in addition to or different from those set forth in this Agreement, but which will not restrict the license rights granted to MSP hereunder, and which may contain additional rights.
Commercial Software License. Gigamon hereby grants Customer a non-exclusive, worldwide, non-sublicensable (except as expressly set forth in Section 2(b)), non-transferable (except as specified in Section 3(d)) worldwide Perpetual License or Term License, as applicable, to use the Software in object code format only for Customer’s internal information security purposes (“Internal Use”) solely with Gigamon Hardware, and/or a Supported Virtualization Environment.
Commercial Software License. Gigamon hereby grants to Customer a non-exclusive, worldwide, non-sublicensable (except as expressly set forth in Section 2(b)), non-transferable perpetual license or Term License, as applicable, to use the Software, in object code format only, for Customer’s internal network visibility purposes (“Internal Use”) solely with Gigamon Hardware and/or a Supported Virtualization Environment. Customer’s use of the Products will be based on Gigamon’s applicable license metrics (e.g., number of units or capacity purchased) as set forth in a quote issued by or on behalf of Gigamon and / or in a Supplement located at xxxxx://xxx.xxxxxxx.xxx/support/terms-and-conditions.html.
Commercial Software License. To enhance cost efficiencies for FDLE and comply with applicable state tax regulations, any Commercial Software Products will be licensed directly to FDLE (as the named licensee) by the applicable Commercial Software Products vendor listed in the SOW. CONTRACTOR will provide to FDLE the Commercial Software Products via agreements with the Commercial Software Product vendors and provide, directly or through an approved subcontractor, the Services to integrate the Commercial Software Products within the Project’s System, as described in the SOW. FDLE has entered or will enter into separate software licensing agreements (each an End User License Agreement (“XXXX”)) with each of the software vendors specified in this SOW, and will be responsible for compliance with the EULAs by FDLE. The Parties acknowledge and agree that the licensing of any COTS Products will be governed by the terms of the EULAs as described in .
