Duties of Licensee. 4.1 Licensee shall permit only properly trained, qualified and authorized employees to Use the Licensed Software in accordance with this Agreement.
4.2 Licensee shall provide AF with all information, documentation and technical assistance as AF may require in order to perform its duties set forth in Section 3 hereof and/or to verify compliance by Licensee with the terms and conditions of this Agreement. AF shall be released from its obligations under Section 3 if Licensee is unable or otherwise fails to provide AF with the foregoing.
4.3 Licensee shall not compute any simulations with the Licensed Product on behalf of competitors of AF, nor provide any competitors with results of any simulations computed with the Licensed Product.
4.4 All Licensed Products delivered under this Agreement are subject to local export control laws and regulations and may be subject to export or import laws and regulations of other countries, including but not limited to the Export Administration Regulations of the United States of America and its embargoed country list. Licensee acknowledges its responsibility to comply with all such laws and regulations at its sole expense.
4.5 Licensee may copy the Licensed Product in whole or in part for back-up purposes only and may not use such copy for any purpose other than to replace a damaged copy. All copies of the Licensed Product, in whole or in part, shall contain all of AF’s restrictive and proprietary notices as they appear on the Licensed Product provided by AF.
4.6 Licensee agrees not to modify, reverse engineer, translate, disassemble or decompile the Licensed Product or any portion thereof except to the extent that this restriction is expressly prohibited by applicable law.
4.7 Licensee accepts that, to prevent unlicensed use (copyright infringement / piracy) of its products, AF may through specific software features collect data in order to identify unauthorized changes to the licensing or activation functions of the Licensed Product.
4.8 Licensee agrees that AF may audit Licensee’s facilities, records and Use of the Licensed Product to determine Licensee’s compliance with the terms and conditions of this Agreement. Such audits shall occur after prior notice during regular business hours. If such audit reveals that Licensee has underpaid any fees due or uses Licensed Product in an unauthorized manner, Licensee shall immediately pay AF any amounts due, together with interest for late payment of one (1) percent per month, but...
Duties of Licensee. All duties of Licensee under this License Agreement are to Licensor, and no other party is entitled to rely on, enforce or obtain relief for breach of any such obligation, either directly or by subrogation. Licensee understands and acknowledges that the high quality operation of its business under the Marks is important to Licensee, Licensor and other licensees of the Marks in order to maintain high operating standards and to protect the reputation of, and goodwill associated with, the Marks. Toward that end, Licensee acknowledges and accepts the following duties:
Duties of Licensee a. COMPLIANCE WITH POST-EVENT PUBLICITY RULES. Licensee agrees to comply with the Post-Event Publicity Rules available at xxxx://xxx.xxxxxxxxxxxx.xxx/winners/promote-your-win and incorporated herein by reference, and with any changes or modifications thereto; provided that Licensor shall provide Licensee with prior written notice of any such changes or modifications. Licensee will have six (6) months after receiving notice of any such changes or modifications to comply with the changes.
Duties of Licensee. Licensee agrees to the following conditions:
Duties of Licensee. 2.1 LICENSEE shall use Tests in accordance with the design and instructions of MDTP.
2.2 The use of Tests by LICENSEE for any purposes beyond those granted in this Agreement requires the written permission of MDTP.
2.3 LICENSEE represents to MDTP that it currently has in place, and will continuously maintain during the term of this Agreement, internal protection measures sufficient to protect the confidentiality and secrecy of Tests.
2.4 All authorized copies of Tests made by LICENSEE shall be complete copies and shall include thereon the copyright notice printed on the cover page of Tests.
2.5 LICENSEE shall provide on request actual usage figures to MDTP twice each year.
Duties of Licensee. All duties of Licensee under this License Agreement are to Licensor, and no other party is entitled to rely on, enforce or obtain relief for breach of any such obligation, either directly or by subrogation. Licensee understands and acknowledges that the high quality operation of its business under the Marks is important to Licensee, Licensor and other licensees of the Marks in order to maintain high operating standards and to protect the reputation of, and goodwill associated with, the Marks. Toward that end, Licensee acknowledges and accepts the following duties:
A. QUALITY OF SERVICE
1. Licensee agrees to provide high quality Primary Services and Core Products and, to the extent provided, high quality Additional Services and Additional Products, to its customers by, among other things, complying with this License Agreement and the applicable Quality Standards. Upon six (6) months written notice of the modification of or addition to the Quality Standards, Licensee shall cause its Primary Services, Core Products, Additional Services or Additional Products to comply therewith; provided, however, that Licensee shall be entitled to adopt a plan reasonably acceptable to Licensor to discontinue the offering of any Additional Services or Additional Products in lieu of complying with the Quality Standards relating thereto, provided such Additional Products or Additional Services do not constitute Core Products.
2. Licensee shall attain and maintain a minimum customer satisfaction rating of at least 85% (or such increased level as may be required pursuant to the provisions of this Section IV.A.) with regard to each market in the Licensed Territory with regard to Licensee's Primary Services and Core Products. Licensor reserves the right to increase the minimum acceptable customer satisfaction rating to a percentage greater than 85% if Licensor, in its reasonable discretion, determines that such higher percentage is appropriate given the technical state of the industry delivering Primary Services, Core Products, Additional Products and/or Additional Services at such time; provided, however, that the Advisory Council must approve any such increase in the minimum acceptable customer satisfaction rating, and such increase shall not be effective until the beginning of the next calendar year following the Advisory Council's approval. In the event that a customer satisfaction survey conducted by Licensor pursuant to Section III.C. of this License Agreement results in a cu...
Duties of Licensee. Licensee understands and acknowledges that the proper usage of the Mark xxx the use of the Mark xx association with a high quality of goods and service is important to Licensee, Licensor, Cellemetry, and other licensees of the Mark xx order to protect the reputation of, and goodwill associated with, the Mark. Xxward that end, Licensee acknowledges and accepts the following duties:
Duties of Licensee. 2.1 The LICENSEE agrees to pay the dollar amount associated with the choice made below as a booth space fee on the commercial vendor space. Please check one of the following boxes for your booth type. If you require or use more area than your booth space request provides, you will be charged for additional space. This signed Agreement must be returned within 30 days of receipt and the total booth space fee must be received by June 1, 2017. Signed agreements not received within 30 days and payments received after June 1, 2017 will be returned unless accompanied by the space rental due plus a 50% penalty fee. No refunds will be made after June 1, 2017. Curbside Booth: Booths are 15’ x 30’ and are located adjacent to Xxxxxxx Boulevard. You may park behind your space. These are assigned on a first come first serve basis. These booths are open to all vendors. Fee - $525.00. The TOTAL PAYMENT is due by May 31, 2017, if not fully paid by June 1, 2017, your space fee will be $650.00 Non-Curbside Booth: Booths are 15’ x 15’. These are assigned on a first come first serve basis. These booths are open to all vendors. Fee - $250.00. The TOTAL PAYMENT is due by May 31, 2017, if not fully paid by June 1, 2017 your space fee will be $350.00. Craft Booth: Booths are 15’ x 15’. Craft booths are limited to items made by vendor. If you have ANY commercially manufactured items, you are not eligible for a craft booth. Fee - $175.00. The TOTAL PAYMENT is due by May 31, 2017, if not fully paid by June 1, 2017 your space fee will be $250.00. Non-profit Informational or Fund-Raising Booth: Booths are 15’ x 15’. Vendor MUST be a non-profit organization and provide written proof of non-profit status with this signed agreement. Fee - $150.00. The TOTAL PAYMENT is due by May 31, 2017, if not fully paid by June 1, 2017 your space fee will be $225.00
2.2 Exhibits must be open and staffed during official Go 4th Festival hours as set forth in paragraph 2.14.
2.3 LICENSEES may use only the assigned space for sales or promotion. No selling or advertising outside of the assigned booth space is allowed.
2.4 Power and water is not available to vendor sites. Generators must be operated in a safe condition and may not be operated past 10:00 p.m. Generators must be muffled, quiet and not emitting fumes. The LICENSEE agrees that the following listed items are what they intend to sell or display.
2.5 Please do not assume the Go 4th Festival Association knows what you sell even if you have previousl...
Duties of Licensee. 5.1 Licensee shall operate the Program, under a separate division of Licensee to be known as "American Finance, a division of Atlanta Internet Bank, FSB," or as otherwise denominated by Licensee after consultation with Licensor. Such division shall be operated and managed separately from the mortgage lending operations of Licensee.
5.2 Licensee will prominently use the Proprietary Marks, subject to specific prior review and approval by Licensor, in all aspects of the Program and otherwise, including, without limitation, in the operation of the Program in relation to prospective borrowers.
5.3 Licensee acknowledges the proprietary interest of Licensor in all information with respect to the System and Program. Licensee undertakes to comply with its obligations under the Agreement with respect to all Licensor Confidential Information, as defined in Section 8.4 below, and at no time to divulge, disclose, reference, or transfer to any other person such Licensor Confidential Information, including the identities of customers and related information or to use the same for any purpose other than its operations under the License, without the written consent of Licensor.
5.4 Except as otherwise required by law, all statements of any kind whatsoever by Licensee with regard to the System and Program shall identify Licensor as the sole owner and developer the System and Program. Licensee shall at no time or in any manner whatsoever claim or represent itself to have any rights or interest in the development or ownership of the System or Program, except as explicitly provided by this Agreement.
5.5 Licensee understands and acknowledges that the rights and duties set forth in this Agreement are solely related to Licensee, and that Licensor has granted this License in reliance on Licensee's business skill, financial capacity, and personal character. Accordingly, Licensee shall not, without prior written consent of Licensor, transfer, pledge, or in any way encumber either the rights and obligations of Licensee under this Agreement or any interest in the System or Program hereunder, except to a permitted assignee under Section 16.1
Duties of Licensee. Section 2.d. of the Agreement is amended to read in its entirety as follows: Licensee agrees that Designated ERO Locations (as defined in Section 2.k. below) accepted to participate in the Bank Product Program will not be permitted to submit, through Licensee or otherwise, applications for Bank Products or substantially similar bank products to any bank product provider other than Republic without prior written approval by Republic. EROs found to be participating in both Republic’s Bank Product Program and other bank programs will be terminated from Republic’s Bank Product Program. Republic may accept or reject Designated ERO Locations based on criteria developed by Republic, which will be consistent with the criteria used by Republic in accepting or rejecting other tax preparers for similar tax product programs. EROs that are not accepted by Republic may offer RAL and other similar bank products from other financial institutions. If Republic rejects one or more EROs, Licensee will designate additional ERO locations *** pursuant to Section 2.k. below. Customers of an ERO that do not satisfy the criteria to become RAL Clients remain eligible for ERC or ERD Bank Products through Republic.
