Commercial Software License Sample Clauses

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.
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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

Related to Commercial Software License

  • Software License The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.

  • Software Licence The following licence terms apply whether HP provides software to Customer as part of a managed service or as a separate software transaction.

  • Software License Agreement 1) Customers acquiring software licenses under the Contract shall hold, use and operate such software subject to compliance with the Software License Agreement set forth in Appendix D of this Contract. No changes to the Software License Agreement terms and conditions may be made unless previously agreed to between Vendor and DIR. Customers may not add, delete or alter any of the language in Appendix D; provided however, that a Customer and Vendor may agree to additional terms and conditions that do not diminish a term or condition in the Software License Agreement, or in any manner lessen the rights or protections of Customer or the responsibilities or liabilities of Vendor. Order Fulfiller shall make the Software License Agreement terms and conditions available to all Customers at all times. 2) Compliance with the Software License Agreement is the responsibility of the Customer. DIR shall not be responsible for any Customer’s compliance with the Software License Agreement. If DIR purchases software licenses for its own use under this Contract, it shall be responsible for its compliance with the Software License Agreement terms and conditions.

  • Software License Terms (a) Software that is made available by a Provider to Recipient in connection with any Service (any such Software being referred to herein as “TSA-Licensed Software”) provided hereunder will be subject to the terms set forth in this Section 3.5 except as otherwise provided in the applicable Service Schedule. The Provider hereby grants to the Recipient a non-exclusive, non-transferable license to use, in object code form, any TSA-Licensed Software that is made available by the Provider pursuant to a Service Schedule. For the avoidance of doubt, the Provider that makes available any TSA-Licensed Software in connection with the provision of any Service retains the unrestricted right to enhance or otherwise modify such TSA-Licensed Software at any time, provided that such enhancements or other modifications do not disrupt the provision of such Service to the Recipient. (b) The Recipient may not exceed the number of licenses, agents, tiers, nodes, seats, or other use restrictions or authorizations, if any, specified in the applicable Service Schedule. Some TSA-Licensed Software may require license keys or contain other technical protection measures. The Recipient acknowledges that the Provider may monitor the Recipient’s compliance with use restrictions and authorizations remotely, or otherwise. If the Provider makes a license management program available which records and reports license usage information, the Recipient agrees to appropriately install, configure and execute such license management program. (c) Unless otherwise permitted by the Provider, the Recipient may only make copies or adaptations of the TSA-Licensed Software for archival purposes or when copying or adaptation is an essential step in the authorized use of TSA-Licensed Software. If the Recipient makes a copy for backup purposes and installs such copy on a backup device, the Recipient may not operate such backup installation of the TSA-Licensed Software without paying an additional license fee, except in cases where the original device becomes inoperable. If a copy is activated on a backup device in response to failure of the original device, the use on the backup device must be discontinued when the original or replacement device becomes operable. The Recipient may not copy the TSA-Licensed Software onto or otherwise use or make it available on, to, or through any public or external distributed network. Licenses that allow use over the Recipient’s intranet require restricted access by authorized users only. (d) The Recipient must reproduce all copyright notices that appear in or on the TSA-Licensed Software (including documentation) on all permitted copies or adaptations. Copies of documentation are limited to internal use. (e) Notwithstanding anything to the contrary herein, certain TSA-Licensed Software may be licensed under the applicable Service Schedule for use only on a computer system owned, controlled, or operated by or solely on behalf of the Recipient and may be further identified by the Provider by the combination of a unique number and a specific system type (“Designated System”) and such license will terminate in the event of a change in either the system number or system type, an unauthorized relocation, or if the Designated System ceases to be within the possession or control of the Recipient. (f) The Recipient will not modify, reverse engineer, disassemble, decrypt, decompile, or make derivative works of the TSA-Licensed Software. Where the Recipient has other rights mandated under statute, the Recipient will provide the Provider with reasonably detailed information regarding any intended modifications, reverse engineering, disassembly, decryption, or decompilation and the purposes therefor. (g) The Recipient may permit a consultant or subcontractor to use TSA-Licensed Software at the licensed location for the sole purpose of providing services to the Recipient. (h) Upon expiration or termination of the Service Schedule under which TSA-Licensed Software is made available, the Recipient will destroy the TSA-Licensed Software. The Recipient will remove and destroy or return to the Provider any copies of the TSA-Licensed Software that are merged into adaptations, except for individual pieces of data in the Recipient’s database. The Recipient will provide certification of the destruction of TSA-Licensed Software, and copies thereof, to the Provider. The Recipient may retain one copy of the TSA-Licensed Software subsequent to expiration or termination solely for archival purposes. (i) The Recipient may not sublicense, assign, transfer, rent, or lease the TSA-Licensed Software to any other person except as permitted in this Section 3.5. (j) The Recipient agrees that the Provider may engage a third party designated by the Provider and approved by the Recipient (such approval not to be unreasonably withheld) to audit the Recipient’s compliance with the Software License terms. Any such audit will be at the Provider’s expense, require reasonable notice, and will be performed during normal business hours. Such third party will be required to execute a non-disclosure agreement that restricts such third party from disclosing confidential information of the Recipient to the Provider, except to the extent required to report on the extent to which the Recipient is not in compliance with the Software License terms.

  • Software Licensing Contractor represents and warrants that the software, if any, as delivered to City, does not contain any program code, virus, worm, trap door, back door, time or clock that would erase data or programming or otherwise cause the software to become inoperable, inaccessible, or incapable of being used in accordance with its user manuals, either automatically, upon the occurrence of licensor-selected conditions or manually on command. Contractor further represents and warrants that all third party software, delivered to City or used by Contractor in the performance of the Contract, is fully licensed by the appropriate licensor.

  • Software Licenses Seller has all necessary licenses to use all material third-party software used in Seller's business, and Seller's use of third-party software does not infringe the rights of any Person.

  • SOFTWARE LICENSE GRANT Where Product is acquired on a licensed basis the following shall constitute the license grant:

  • SOFTWARE PRODUCT LICENSE The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

  • Licensed Software Computer program(s) provided by Contractor in connection with the Deliverables, subject to Section 14 of this Contract.

  • Third Party Software 1. The Software may contain third party software that requires and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions are located at xxxx://xxx.xxxxxxxxx.xxx/thirdparty/index.html and are made a part of and incorporated by reference into this XXXX. By accepting this XXXX, You are also accepting the additional terms and conditions, if any, set forth therein.

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