End User Restrictions. Except as otherwise provided under applicable law:
End User Restrictions. Distributor shall distribute the Software only in its original, unopened packages and subject to a "shrink-wrap" or other appropriate license agreement, which shall be subject to approval by Developer, such approval not to be unreasonably withheld or delayed.
End User Restrictions. End User will not:
End User Restrictions. Customer shall take all steps necessary to protect Wind River’s and its licensors’ proprietary rights in the Run-Time Module and ensure that each Run-Time Module distributed by or for Customer will be accompanied by a license agreement (“End User License Agreement”) consistent with this obligation. Such End User License Agreement may be in the same license form and format Customer uses with respect to its own proprietary software technology, provided that, whatever the license form, it contains the material substance of the following: (i) in the case of Customer’s agreements with End Users: (1) prohibits the End User from: (a) copying the Run-Time Module, except for archive purposes consistent with the End User’s archive procedures; or, (b) modifying, decompiling, disassembling, reverse engineering or otherwise attempting to derive the Source Code of the Run-Time Module, except as permitted without the possibility of contractual waiver by applicable law; or, (c) exporting the Run-Time Module or underlying technology in contravention of applicable U.S. and foreign export laws and regulations; and (2) stipulates that the Run-Time Module is licensed, not sold and no rights of title or ownership of the Run-Time Module transfers to End User; and, (3) does not convey any express or implied conditions, warranties or representations on behalf of Wind River or its licensors or accept on behalf of Wind River or its licensors liability for any special, indirect, punitive, incidental and consequential damages; and, (ii) in the case of Customer’s agreements with Distributors requires Distributors to include the material substance of items 3.(b)(i) in their End User License Agreements.
End User Restrictions. The Licensee may not expressly or impliedly license End-Users:
End User Restrictions. Licensee agrees it may only distribute the Distributed Components to End Users and no other portions of the Software. Licensee further agrees to expressly condition each End User’s rights to use the Distributed Components on compliance with the applicable restrictions set forth in Sections 3.1, 4 and 14-16, and further on each End User agreeing that any Distributed Components may be used by such End User solely on an internal basis, without modification, and only in connection with, or as components of, the Work or Works with which the Distributed Components were originally distributed to such End User. Licensee agrees that the rights granted in Section 2.2(b) shall apply only to the Distributed Components of the Software and to no other file, library, source code or other component or derivative work of the Software. Such rights may be exercised only with respect to Works created by You using a duly licensed, properly registered copy of the Software. Regardless of any modifications that You make, and regardless of how You might compile, link, or package your Works, You may not permit your End Users to modify or further distribute the Distributed Components or use the Distributed Components in any program that they create. Licensee may only distribute the Distributed Components with Works that both add primary and substantial functionality to the Distributed Components (and are not merely a set or subset of any of the Distributed Components) and that are created in accordance with the terms of this Agreement.
End User Restrictions. Without the express consent of First --------------------- Floor, Aurum shall not (i) delete or fail to reproduce any copyright or other proprietary notices appearing in the Products, (ii) disassemble, decompile or otherwise reverse engineer the Products or otherwise attempt to learn the source code, structure , algorithms underlying the Products, (iii) rent or otherwise provide temporary access to the Products (except for purposes of product demonstrations or similar promotional activities). If Aurum provides long-term leasing of the Products the terms and condi tions for re-selling the Products in the Agreement shall apply. All Aurum distribution licenses or end-user licenses pertaining to the Products shall prohibit others from doing any of the foregoing, in similar, but no less restrictive terms. Aurum will make no warranty, guarantee or representation, whether written or oral, on First Floor's behalf.
End User Restrictions. All Customer Use and License Agreements of the Digital Pen and Paper System shall contain the following terms and conditions:
End User Restrictions. No distribution or license of a Copy by Reseller shall be made except pursuant to Marimba's then-current end-user license agreement for such Product as embedded within the Product (the current version of which for each Product is set forth in Attachment C). Reseller acknowledges that Marimba may require the end-user to acknowledge acceptance of the license in connection with the downloading and/or installation of each Copy and/or Enabling Key. If a shrink-wrap agreement is used, Reseller will accept returns (where the shrink-wrap is not broken) in accordance with the procedure specified in the shrink-wrap package and in such event Marimba will credit Reseller for any properly returned Products. Reseller agrees to reasonably cooperate with Marimba regarding implementation of Marimba's license process with Reseller's end-user customers and at the request of Marimba or any end-user customer to provide a copy of the applicable Marimba license or Marimba provided summary sheet to such end-user customer(s). Upon mutual written agreement of the parties, Reseller may license the Products under an end-user license of either Reseller or IBM.
End User Restrictions. DiaCarta shall include a copy of the applicable End User licenses and Software license agreements, labels and terms and conditions, a copy of which is posted at wxx.xxxxxxxxxxx.xxx or (collectively, the “End User Licenses and Terms and Conditions”) with each Assay Product or Luminex Product, as applicable, shipped to a customer or End User by or for DiaCarta. Luminex shall have the right to change such End User Licenses and Terms and Conditions upon providing thirty (30) days’ advance written notice to DiaCarta, provided that Luminex shall have the right to change such End User Licenses and Terms and Conditions immediately upon providing written notice to DiaCarta prior to December 31, 2018. After such thirty (30) day period, DiaCarta shall be obligated to use the updated End User License and Terms and Conditions in Luminex Products and the newly manufactured batches of Assay Products, and DiaCarta shall use commercially reasonable efforts to (i) make customers and End Users aware of the End User Licenses and Terms and Conditions prior to the consummation of any sale, and (ii) effect and document sales of Assay Products and Luminex Products in such a manner as to legally bind such customers and End Users to the End User Licenses and Terms and Conditions. DiaCarta shall use best efforts to notify Luminex promptly of any violations by End Users of the End User Licenses and Terms and Condition of which DiaCarta becomes aware, and include in any such notice the details of such violation and the identity of the End User(s) involved. This document contains confidential information and cannot be shared in any format with any third party without the written permission of Luminex Corporation. EXECUTION COPY
