Duties of the Licensee. The Licensee is obligated to ensure that its employees and third parties whom it retains to process orders comply with the Software license terms. The Licensee is liable in case of infringements of the license terms by any person used by the Licensee to implement the Agreement or to use the Software/ the material.
Duties of the Licensee. The Licensee shall observe and perform all the conditions and obligations set in this Agreement.
Duties of the Licensee. In general, the licensee agrees, unless prevented from doing so by force majeure, to (each of the following):
1. exercise, at all times, such care in regard to EFAC as a reasonably prudent owner would exercise under the same circumstances and conditions and not handle and/or store such products in a manner that would cause or contribute to product loss, damage or contamination.
2. assure DACO that:
A. all EFAC accepted for storage and handling are stored in licensed storage space;
B. all EFAC products are stored and handled with proper dunnage and pallets that are suitable for proper storage of EFAC; and
C. they are not currently delinquent or have not within three (3) years prior to executing this Agreement been delinquent for any Federal or State tax liability in an amount that exceeds $3,000.00.
Duties of the Licensee. The Licensee shall receive the corresponding access keys to use the offer. He is obligated to keep these confidential and is liable for any improper use that results from the unauthorized use of these access keys. If the Licensee should acquire knowledge that unauthorized third parties know the access data, he shall inform the Licensor immediately. In the event that unauthorized third parties use the Licensor’s offer on the grounds of a culpable act on the part of the Licensee, the Licensee shall be liable to the Licensor for license fees and compensation. In the event of doubt the Licensee has the possibility and duty to request new access keys. Insofar as not otherwise contractually regulated it is the duty of the Licensee to regularly secure all working results generated with the Licensor’s offer (data and information) to which he has access. In particular, the Licensor has no duty to store the data following termination of the contract. The Licensee is not permitted to modify, decompile or use the software for purposes in breach of the contract. The Licensee is not allowed to retrieve directly through download any patent raw data contained in Patent-Pilot other than data explicitly provided for download by the software. The Licensee undertakes to verify the legal validity of data and information acquired through the software through professionally qualified staff or corresponding service providers. The Licensee hereby acknowledges that an analysis of the data and information shall not be performed by the Licensor, but is the obligation of the Licensee to ensure the legal scope and a corresponding analysis of the data and information.
Duties of the Licensee. The licensee agrees that the software and related protocols will not be analysed by decompiling or similar mechanisms and will not develop related software products or make analysis results available to third parties that are developing similar software products or have the intention to do this. The licensee also agrees not to cause an outage of the data.mill systems by targeted overloading (denial of service attacks, distributed denial-of-service attacks).
Duties of the Licensee. In general, the licensee agrees, unless prevented from doing so by force majeure, to (each of the following):
1. exercise, at all times, such care in regard to EFAC as a reasonably prudent owner would exercise under the same circumstances and conditions and not handle and/or store such products in a manner that would cause or contribute to product loss, damage or contamination.
2. assure AMS that:
A. all EFAC accepted for storage and handling are stored in licensed storage space;
B. all EFAC products are stored and handled with proper dunnage and pallets that are suitable for proper storage of EFAC. Pallets must be thoroughly cleaned before use. Pallets must not have protruding nails, broken planks or protrusions that will potentially damage stored EFAC. Proper dunnage must be used when storing EFAC directly on floor;
C. they are not currently delinquent or have not within three (3) years prior to executing this Agreement been delinquent for any Federal or State tax liability in an amount that exceeds $3,000.00.
Duties of the Licensee. 15. The Licensee shall maintain records indicating the number of end-users and locations of the original Software and any Copies.
16. The Licensee shall ensure that copyright notices and information on WEBCON’s trademark, trademarks of Partners or other licensors (e.g. Microsoft), or other IP notices, are not removed from the media on which the full, abbreviated or trial versions of the Software are stored, and, in the case of their absence, shall affix them in an appropriate place, if the Licensee is authorized to do so. The Licensee shall not remove the notices or the information.
Duties of the Licensee. 6.1. The Licensee shall protect its access data to the Software against access by third parties in accordance with the state of the art and keep it safe.
6.2. The Licensee shall ensure that the Software is only used to the contractually agreed extent. Any unauthorized access must be reported to the Licensor without delay.
6.3. The Licensee is obligated and warrants that no data will be stored in the Software, the use of which would violate applicable law, governmental official directives, rights of third parties or agreements with third parties and shall indemnify the Licensor against all claims of third parties.
6.4. The Licensee shall check the data for viruses or other harmful components before storing them in the Software and shall use state of the art measures for this purpose (e.g. virus protection programs).
6.5. When using the API interface, the Licensee shall refer to the documentation at xxxx000.xxxxxxxx.xxx.
6.6. The Licensee shall use the Software within the scope of this License Agreement and shall refrain from doing anything that jeopardizes the availability and security of the Software; in particular, the Licensee may only access the Software to the extent necessary to fulfill the purpose of the Agreement. This shall also apply in particular to access to the Software via the API interface.
6.7. In the event of a breach of the obligations from § 6.2, 6.3, 6.4, 6.5 and 6.6 by the Licensee, the Licensor is entitled to take appropriate measures to protect the Software in particular to remove unlawful data and to temporarily block access to the Software. The Licensee shall be informed immediately.
Duties of the Licensee. The licensee understands and agrees that they will to the best of their ability -
8.1 The licensee shall use its best endeavours to introduce customers to Diverse Utility Solutions Limited who shall in turn; using specialist third party service brokers and/or suppliers endeavour to find a supplier and/or service for the customer.
8.2 The Licensee shall keep Diverse Utility Solutions Limited fully informed of its contacts with potential customers for supply of all services and any promotional or marketing activities which it undertakes hereunder.
8.3 The licensee shall not use any advertising, promotional or selling materials except those approved in advance by Diverse Utility Solutions Limited. (See Clause 35 Marketing Materials)
8.4 The Licensee shall follow any guidelines of good industry practise or standards of conduct that are issued by the authority in relation to the marketing of all services.
8.5 The licensee shall conduct himself or herself at all times in a professional manner. If the Licensee engages in any activity which gives rise to a dispute between the licensee, a customer, another licensee or another consultant as a direct result of their actions, the licensee agrees to cover all legal costs and compensation(s).
8.6 The Licensee is to provide Diverse Utility Solutions Limited with all relevant information required for the company and all relevant parties in order to provide a report for the Customer. All paper work is to be complete and where required signed by the customer. For most services we will require the latest utility invoice from their current supplier and a letter of authority form.
8.7 The Licensee shall treat all information that may fairly be considered to be of a confidential nature relating to Diverse Utility Solutions Limited business or that of the supplier that comes to its knowledge as confidential. Such information shall not be disclosed to any third party except as required by law nor shall the Introducer use it except for the purpose of carrying out the terms of this Agreement.
Duties of the Licensee. 6.1 Licensee agrees that it will use the Licensed Marks only in connection with Licensed Products and no other products.
