Common use of Deployment and Use Restrictions Clause in Contracts

Deployment and Use Restrictions. The deployment rights granted to Licensee may only be exercised on specific physical computers or devices owned or leased by Licensee or provided to contractors under Licensee’s control, located at facilities owned or leased by Licensee (collectively, “Licensed Computers”) and for which Licensee has paid the applicable deployment or site license fees. If a supported Licensed Computer on which an Application has been deployed fails or is permanently decommissioned or taken out of service, Licensee may designate an alternate equivalent physical computer from the same manufacturer using the same platform to replace such Licensed Computer at no additional cost. The deployment rights for Licensed Instances granted to Licensee may only be exercised on the specific environment for which Licensee has paid the applicable fees. Licensee may not install Applications on additional or alternate sites, instances or on back-up or fail-over computers without paying the applicable fees for such sites, instances or computers. Notwithstanding any license management mechanisms used by the Licensed Software, Licensee is responsible for ensuring that the Licensed Software is not used in excess of those licenses for which Licensee has paid the applicable fees. Academic license rights may only be exercised by a teacher or student at an accredited institution that is organized and operated exclusively for the purpose of teaching its enrolled students (e.g., a university, college or high school), and for which such institution has been granted a discount to authorize such teacher or student to use the Licensed Software solely for student instruction and learning. Academic license rights may not be used for commercial purposes, including, without limitation, for publication of research findings, to comply with requirements of outside fundings, or as a means to advertise the educational institution. Academic discounts are not available for satellite organizations such as research laboratories and hospitals.

Deployment and Use Restrictions. The deployment rights granted to Licensee may only be exercised on specific physical computers or devices owned or leased by Licensee or provided to contractors under Licensee’s control, located at facilities owned or leased by Licensee (collectively, “Licensed Computers”) and for which Licensee has paid the applicable deployment or site license fees. If a supported Licensed Computer on which an Application has been deployed fails or is permanently decommissioned or taken out of service, Licensee may designate an alternate equivalent physical computer from the same manufacturer using the same platform to replace such Licensed Computer at no additional cost. The deployment rights for Licensed Instances granted to Licensee may only be exercised on the specific environment for which Licensee has paid the applicable fees. Licensee may not install Applications on additional or alternate sites, instances or on back-up or fail-over computers without paying the applicable fees for such sites, instances instances, or computers. Notwithstanding any license management mechanisms used by the Licensed Software, Licensee is responsible for ensuring that the Licensed Software is not used in excess of those licenses for which Licensee has paid the applicable fees. Academic license rights may only be exercised by a teacher or student at an accredited institution that is organized and operated exclusively for the purpose of teaching its enrolled students (e.g., a university, college or high school), and for which such institution has been granted a discount to authorize such teacher or student to use the Licensed Software solely for student instruction and learning. Academic license rights may not be used for commercial purposes, including, without limitation, for publication of research findings, to comply with requirements of outside fundingsfunding sources, or as a means to advertise the educational institution. Academic discounts are not available for satellite organizations such as research laboratories and hospitals.