Customer Software. Customer is responsible for purchasing any Software required by its computer systems to link to Equipment and Customer Equipment.
Customer Software. Prior to service commencing on computers with hard drives, Customer is responsible for creating a back-up copy of the file from the hard drive. Alaris is only responsible for formatting (if required) and transferring those files deemed necessary for formatting as more precisely outlined in the Alaris formatting procedures for specific Products. Customer is responsible for restoring data. Alaris shall not be held liable for any damages arising from or relating to the loss of data, any software or any other information contained on a computer or similar device, or contained in or stored on a Product
Customer Software. Additional provisions relating to the loading of software owned by or licensed to Customer on the Aircraft at delivery.
Customer Software. If necessary for Fidelity to perform its obligations under this Agreement, Customer represents and warrants to Fidelity that any Customer software shall conform in all material respects with its documentation and specifications.
Customer Software. As of the Effective Date, to assist in providing Services for the Term and any Termination/Expiration Assistance period, Customer hereby grants to Service Provider, during the Term and any Termination/Expiration Assistance period, a non-exclusive, non-transferable, royalty-free, fully paid-up, worldwide license, under all of Customer’s Intellectual Property, to use, disclose, execute, copy, reproduce, modify, display, perform, link, combine with other Software or hardware and prepare or have prepared Derivative Works (with respect to which Service Provider shall have the same such rights) of, the Services Software owned by Customer, which is identified on Schedule C as Customer Software (“Customer Software”), and any Updates and Enhancements thereto; in each case, to the extent necessary for Service Provider to provide the Services or the Termination/Expiration Assistance, as applicable, in accordance with the Agreement, . The license granted to Service Provider under this Section 6.1(b) includes rights to the Object Code as well as the Source Code of the Customer Software, as necessary. The license granted to Service Provider under this Section 6.1(b) includes the right to grant sublicenses of similar or lesser scope to any and all Service Provider agents, provided that such sublicense shall be pursuant to a written agreement, which imposes on the sublicensee the same confidentiality and other obligations imposed on Service Provider hereunder, and which shall terminate on the date of termination of the license granted to Service Provider. Service Provider shall not use, distribute, sell, assign, transfer, copy, sublicense or otherwise make available to any Person, the Customer Software except as expressly permitted in this Agreement. Any decompiling, disassembly, reverse-engineering or modification of the Customer Software (except as mutually agreed upon by the parties) is strictly prohibited. As between the parties, Customer Software is and shall remain the exclusive property of Customer. Service Provider shall not be permitted to use Customer Software for the benefit of any Person other than Customer without the prior written consent of Customer, which may be withheld at Customer’s sole discretion. Service Provider shall not remove, alter or otherwise render illegible any copyright or similar proprietary notices placed on any full or partial copy, modified or unmodified, of the Customer Software. Except as otherwise requested or approved by Customer, Se...
Customer Software. Prior to service commencing on computers with hard drives, Customer is responsible for creating a back-up copy of the file from the hard drive. Kodak Alaris is only responsible for formatting (if required) and transferring those files deemed necessary for formatting as more precisely outlined in Kodak Alaris formatting procedures for specific Products. Customer is responsible for restoring data. Kodak Alaris shall not be held liable for any damages arising from or relating to the loss of data, any software or any other information contained on a computer or similar device, or contained in or stored on a Product.
Customer Software. (a) LUCENT hereby grants to GCAST personal, nontransferable (except as expressly provided herein) and nonexclusive rights:
(i) To develop CUSTOMER SOFTWARE, make copies of CUSTOMER SOFTWARE which is a LICENSED PRODUCT and specified in Appendix B and no other software, and to furnish (directly or indirectly through subdistributors that agree to provisions no less protective of LUCENT than those set forth herein) such copies on or through any media and by any means now or hereafter known (including but not limited to by transmission) on a stand alone basis or bundled with other hardware or software to customers anywhere in the world (subject to GCAST satisfying applicable U. S. Government and foreign government export requirements) for use of such CUSTOMER SOFTWARE for its intended purposes, provided that GCAST obtains agreement from such a customer, which agreement may be a shrink wrap agreement or an agreement that a user must acknowledge before downloading software, before or at the time of furnishing each copy of CUSTOMER SOFTWARE, that
(1) only a personal, nontransferable and nonexclusive right to use such copy of CUSTOMER SOFTWARE is granted to such customer;
(2) no ownership interest in CUSTOMER SOFTWARE is transferred to such customer;
(3) such customer will not copy CUSTOMER SOFTWARE except as necessary to use such CUSTOMER SOFTWARE and or backup and archive purposes in connection with such use;
(4) if a customer's right-to-use is terminated for any reason, such customer will either destroy or return all copies of CUSTOMER SOFTWARE in its possession;
(5) such customer will not transfer CUSTOMER SOFTWARE to any other Party except as authorized by GCAST;
(6) such customer will not export or re-export customer software without the appropriate United States and/or foreign government licenses;
(7) such customer will not reverse compile or disassemble CUSTOMER SOFTWARE except that in Member States of European Economic Community such acts shall be permitted solely to the extent permitted by Article 6 of the Council Directive of 14, May 1991 on the legal protection of computer programs; and
(8) LUCENT does not warrant CUSTOMER SOFTWARE, does not assume any liability regarding CUSTOMER SOFTWARE and does not undertake to furnish any support or information regarding CUSTOMER SOFTWARE; and
(ii) to use CUSTOMER SOFTWARE without fee solely for testing systems that are to be delivered to customers and for demonstrating CUSTOMER SOFTWARE to prospective customers an...
Customer Software. Service Provider is not responsible for the maintenance or support of any software other than the Software Product named herein.
Customer Software. Vendor is not responsible for the maintenance or support of any software other than the Software Product named herein.
Customer Software. If the Project Plan identifies any Customer Software then the Customer will, as from the Commencement Date, grant the Supplier a royalty-freelicence to use such Customer Software for the purpose of providing the Managed Services for the duration of this agreement.
