Delivery of Software. 1. SAP will deliver the Software as described in the Documentation and the Price List and will also provide the appropriate license key for the relevant End User. With regard to the features, quality and functionality of the Software the product description in the Documentation and the Price List is solely decisive. SAP does not own any additional features, quality or functionality. Distributor can, in particular, not assert any additional feature, quality or functionality from any public statements, publications or advertisements by SAP except to the extend SAP has expressly confirmed such additional feature, quality or functionality in writing. Any representation, warranty, undertaking or guarantee regarding additional features, quality or functionality is effective only if expressly confirmed by SAP’s management in writing.
2. After acceptance of an order, SAP will deliver to Distributor one copy of the relevant Software:
a) on discs or other data media (“Physical Shipment”); or
b) by making it available for downloading through the internet (usually on the SAP ServiceMarket Place (xxxx://xxxxxxx.xxx.xxx/swdc)) (“Electronic Delivery”).
3. The relevant Software and Documentation will be deemed delivered (including but not limited for the purpose of fixed delivery dates or timely delivery) and the risk passes to Distributor:
a) in case of Physical Shipment, when the relevant disc or other data media thereof is handed over to the freight carrier (FCA - Free Carrier (named place of delivery), Incoterms 2010); or
b) in case of Electronic Delivery, when SAP has made an electronic copy thereof available for downloading and has informed Distributor accordingly, (“Delivery”).
4. Upon Distributor’s request or if stipulate in the order, SAP may agree to provide Software and/or the appropriate license key directly to the relevant Open Ecosystem Partner instead (“Open Ecosystem Partner Delivery”). In case of Open Ecosystem Partner Delivery, the provisions set out in this Article 5 (Delivery of Software) will apply analogously; delivery to Distributor will be deemed to occur upon Delivery to the Open Ecosystem Partner.
5. Upon Distributor’s request or if stipulate in the order, SAP may agree to provide Software and/or the appropriate license key directly to the relevant End User instead (“End User Delivery”). In case of End User Delivery, the provisions set out in this Article 5 (Delivery of Software) will apply analogously; delivery to Distributor will be deemed to o...
Delivery of Software. 1. SAP will deliver the Software as described in the Documentation and the Price List and will also provide the appropriate license keys. With regard to the features, quality and functionality of the Software the product description in the Documentation and the Price List is solely decisive. SAP does not own any additional features, quality or functionality. Partner can, in particular, not assert any additional feature, quality or functionality from any public statements, publications or advertisements by SAP except to the extend SAP has expressly confirmed such additional feature, quality or functionality in writing. Any representation, warranty, undertaking or guarantee regarding additional features, quality or functionality is effective only if expressly confirmed by SAP’s management in writing.
2. After execution of an Order Form, SAP will deliver to Partner one copy of the relevant Software:
a) on discs or other data media (“Physical Shipment”); or
b) by making it available for download through the internet (usually on the SAP ServiceMarket Place (xxxx://xxxxxxx.xxx.xxx/swdc)) (“Electronic Delivery”) or its successor website as published by SAP.
3. The relevant Software and Documentation will be deemed delivered (including but not limited for the purpose of fixed delivery dates or timely delivery) and the risk passes to Partner:
a) in case of Physical Shipment, when the relevant disc or other data media is handed over to the freight carrier; or
b) in case of Electronic Delivery, when SAP has made an electronic copy thereof available for download and has informed Partner accordingly (“Delivery”).
4. Upon Partner’s request or if stipulated in the Order Form, SAP may agree to provide Software and the appropriate license key directly to the relevant End User instead (“End User Delivery”). In case of End User Delivery, the provisions set out in this Article 4 (Delivery of Software) will apply analogously; delivery to Partner will be deemed to occur upon Delivery to the End User.
5. SAP might be entitled to suspend the delivery of any or all SAP Products as well as applicable license keys to Partner or End User or both as further set out in this Sell On Premise Model as well as the PartnerEdge GTCs.
6. If Partner receives a new copy of the Software, Documentation and/or other SAP Materials that replaces previously provided Software, Documentation and/or other SAP Materials, Partner must distribute such newest copy provided and either destroy or upon SAP’s r...
Delivery of Software. Delivery of Software occurs when SISW makes Software available to Customer via electronic download from a website specified by SISW. Physical shipment of the media may be done at SISW’s option, as an accommodation to Customer, or because certain elements of the Software are not available for electronic download. Software will be delivered subject to EXW (Incoterms 2020) for deliveries that occur entirely within the United States, Russia, China, or India. All other Software will be delivered subject to DAP (Incoterms 2020).
Delivery of Software. (a) Either party may request one (1) copy of Software or other electronic or written documentation (“Electronic Materials”) that (i) is subject to the license granted to such requesting party under this Article II and (ii) has not already been provided to the requesting party since the Execution Date. The delivering party shall make available or deliver to the requesting party a copy of any such Software or Electronic Materials that are in existence at the time of such request.
(b) All Software and Electronic Materials required to be made available to or delivered to a Licensee pursuant to Section 2.07(a) of this Exhibit I will be delivered by the Licensor to the Licensee electronically, or with the assistance of the Licensor, downloaded by the Licensee from the Internet, provided that the Licensee complies with all reasonable security measures implemented by the Licensor.
Delivery of Software. The Software shall be deemed accepted by Customer upon electronic availability. Notwithstanding the foregoing, in the event any component of the Software is physically shipped, the Parties hereby agree that delivery of such Software shall be F.O.B. shipping point.
Delivery of Software. (a) Until the expiration of two (2) years from the Trigger Date, either party may request one (1) copy of Software or other electronic content maintained on the other party’s intranet or other computer network (“Electronic Materials”) that (i) is subject to the license granted to such requesting party under this Article II, (ii) has not already been provided to the requesting party, (iii) is not otherwise in the requesting party’s possession and (iv) is not used to provide any GE Services or Company Services, as the case may be, to the requesting party or its Affiliates under the Transition Services Agreement, provided that if such requesting party has access to such intranet or computer network, such requesting party has first used commercially reasonable efforts to obtain such Software or Electronic Materials directly from such intranet or computer network prior to making such request. Subject to Section 2.03, the delivering party shall make available or deliver to the requesting party a copy of any such Software or Electronic Materials that is in existence at the time of such request and current as of the Closing Date; provided, however, that the delivering party may, at its sole discretion, make available or deliver a version of such Software and Electronic Materials that is current on or about the date of such request and includes upgrades, updates and other modifications made to such Software and Electronic Materials since the Closing Date. Any upgrades, updates or other modifications to Software and Electronic Materials that are made available or delivered to the requesting party pursuant to this Section 2.09 and Controlled by the delivering party as of the date they are made available or delivered shall be deemed to be GE Intellectual Property if made available or delivered by GE or its Affiliates, or Genworth Intellectual Property if made available or delivered by Genworth or its Affiliates, notwithstanding that such upgrades, updates or other modifications were not used, held for use or contemplated to be used by the receiving party as of the Closing Date or Controlled by the delivering party as of the Closing Date.
(b) All Software, Electronic Materials and upgrades, updates or other modifications thereto required to be made available to or delivered to a Licensee pursuant to Section 2.09(a), will be delivered by the Licensor to the Licensee electronically, or with the assistance of the Licensor, downloaded by the Licensee from the Internet, pro...
Delivery of Software. Licensor shall deliver the Licensed Product to Licensee electronically or by other methods as agreed by Licensor and Licensee on the Delivery Date.
Delivery of Software. Upon IMG's request in each case, VERITAS shall promptly provide to IMG (i) at IMG's option, one complete and accurate "golden master" object code or executable copy of any or all of the Software Products listed in Exhibit A and one complete and accurate copy of the associated Documentation, and/or (ii) at IMG's option, one copy of the Source Code for that Software Product. Upon completion of development of each additional Software Product (including each Update), VERITAS shall provide to IMG one complete and accurate "golden master" object code or executable copy of that Software Product (or Update) and one complete and accurate copy of the associated Documentation, for evaluation and use by IMG. If IMG has requested the Source Code for any Updated Software Product, or if IMG requests the Source Code for a new Software Product, then VERITAS shall also provide to IMG the Source Code for the Update or Software Product. It is understood, however, that some Software Products may include portions licensed from third parties, for which VERITAS does not have the Source Code, or is not permitted to sublicense the Source Code, and that VERITAS shall not be obligated to provide such Source Code to IMG. VERITAS agrees, however, to use reasonable efforts to obtain the right to sublicense to IMG any such Source Code which VERITAS does have.
Delivery of Software. QUALCOMM shall deliver the Software to LICENSEE within ten (10) days after LICENSEE’s payment of the Up-Front Fee (as defined in Section 2.2 below). For a period ending [***] after the Effective Date (the “Support Period”), QUALCOMM shall deliver bug fix updates to the Software that it generally makes available to other Software licensees. At LICENSEE’s request [***], QUALCOMM shall continue to provide Software support for the [***] period immediately following the expiration of the initial Support Period.
Delivery of Software. 4.1 Within thirty (30) days from the EFFECTIVE DATE, CSHL shall deliver to INSTITUTION the SOFTWARE. INSTITUTION may make a reasonable number of copies of the SOFTWARE for the purpose of backup and maintenance of the software. All copies of such SOFTWARE shall contain the appropriate copyright notice of CSHL.
4.2 INSTITUTION shall not distribute or sell the SOFTWARE and/or DERIVATIVES to any third party without the prior written permission of CSHL. Furthermore, INSTITUTION agrees to maintain the SOFTWARE and DERIVATIVES as confidential.
4.3 Upon termination or expiration of this Agreement, INSTITUTION agrees to destroy all copies of SOFTWARE and DERIVATIVES in its possession and provide CSHL with a certificate attesting to their destruction.
