Common use of Customer Provided Licenses Clause in Contracts

Customer Provided Licenses. If Customer uses any non-NETdepot provided software on or in conjunction with Customer's Environment, Customer represents and warrants to NETdepot that Customer has the legal right to use such software. If NETdepot has agreed to install, patch, or otherwise manage software in reliance on Customer's license with a vendor, Customer represents and warrants that it has a written license agreement with the vendor of such software that permits NETdepot to perform such activities as are necessary to perform the Services for Customer. NETdepot's obligation to install, patch, or otherwise manage Customer-provided software provided by Customer is strictly contingent on Customer maintaining original software vendor support or similar authorized support that provides a services request escalation path, access to patching, and software upgrades, as applicable. On NETdepot's request, Customer shall certify in writing that Customer complies with this Section's requirements and any other software license restrictions that are part of the Agreement and shall provide evidence of Customer's compliance as NETdepot may reasonably request. If Customer fails to provide the required proof of licensing to NETdepot and continues to use such software, NETdepot may: (i) charge Customer its standard fee for the use of the software in reliance on NETdepot's licensing Agreement with the vendor until the required evidence is provided, or (ii) suspend or terminate the applicable Services.

Appears in 4 contracts

Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement

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