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. 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. Except as otherwise provided under applicable law:
4.01 Only a personal, non-transferable, and non-exclusive right to use Software or Technology (on a single designated system shall be granted to each End User.
End User Restrictions. The End User shall not:
a. Download and/or install the Application onto a Mobile Device that is not owned or otherwise controlled by the End User;
b. Copy the Application, except as expressly permitted by this License Agreement;
c. Rent, lease, lend, sell, sublicense, assign, distribute, re-distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including but not limited to, making the Application available on a network where it is capable of being accessed by more than one (1) Mobile Device at any time;
d. Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
e. Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
f. Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application;
g. Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof; or
h. USE THE APPLICATION IN, OR IN ASSOCIATION WITH, THE DESIGN, CONSTRUCTION, MAINTENANCE, OR OPERATION OF ANY HAZARDOUS ENVIRONMENTS OR SYSTEMS, INCLUDING ANY POWER GENERATION SYSTEMS; AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER TRANSPORT MANAGEMENT SYSTEMS; ANY SAFETY-CRITICAL APPLICATIONS, INCLUDING MEDICAL OR LIFE- SUPPORT SYSTEMS, VEHICLE OPERATION APPLICATIONS OR ANY POLICE, FIRE, OR OTHER SAFETY RESPONSE SYSTEMS; AND ANY MILITARY OR AEROSPACE APPLICATIONS, WEAPONS SYSTEMS, OR ENVIRONMENTS.
End User Restrictions. End User will not:
i. sell, resell, license, sublicense, distribute, make available, rent, or lease any Service or content, or include any Service in a service bureau or outsourcing offering,
ii. use the Service in violation of applicable laws,
iii. use the Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third−party privacy rights,
iv. use the Service to store or transmit Malicious Code, v. interfere with or disrupt the integrity or performance of any Service or third−party data contained therein,
vi. attempt to gain unauthorized access to any Service or its related systems or networks,
vii. permit direct or indirect access to or use of any Services in a way that circumvents a contractual usage limit,
viii. use any Services to access or use any of UWS intellectual property except as permitted under this Agreement, an Order, or the Documentation,
ix. use the Service for any purpose other than permitted by this MSA,
x. except to the extent permitted by applicable law, reverse engineer, decompile, or disassemble the Service, modify, enhance, adapt, or translate the Service to
a. build a competitive product or service,
b. build a product or service using similar ideas, features, functions, or graphics of the Service,
c. copy any ideas, features, functions, or graphics of the Service, or
d. determine whether the Services are within the scope of any patent, xi. use, reproduce, modify, lease, rent, permit concurrent use of, or distribute the UWS Service other than as expressly permitted in this MSA, xii. make UWS Service available to unauthorized third parties, xiii. prepare or create derivative works of the Service,
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
End User Restrictions. No distribution or license of a copy of a Program by OEM shall be made except pursuant to an enforceable end user license agreement at least as protective of Marimba and its suppliers as the terms set forth in Marimba's then-current end-user license agreement for such Program (the "Standard License Terms"; a current copy of which is attached hereto as Attachment C) or such OEM end-user license agreement which is substantially similar thereto and approved in advance by Marimba. Furthermore, except for copies for demonstration or evaluation purposes for a limited period of time (not to exceed 60 days), no license of a Program may be made or copy of a Transmitter may be distributed except pursuant to access license restrictions materially equivalent to one of the User Access License terms set forth on Attachment A ("Access License Terms"). Marimba shall have the right to revise the Standard License Terms and Access License terms upon the release of an Update or in order to comply with government regulations or third-party code requirements; any such revised terms shall be consistent with the Standard License Terms and Access License Terms generally provided by Marimba to its customers, resellers and distributors and Marimba shall provide OEM with notice of any such change as far in advance as commercially reasonably practicable. OEM shall be obligated to implement any new Access License Terms or Standard License Terms as soon as commercially practicable after receipt of the new terms, provided that OEM shall have until its next release (or, if the next release is less than 3 months from the date of receipt of the new terms, a corresponding commercially reasonable period of time but in no event later than the next following release) to implement such changes. In the event that any new Standard License Terms or Access License Terms would cause OEM a substantial material administrative or financial burden to implement, then OEM and Marimba agree to meet and negotiate in good faith regarding the manner in which OEM will implement such revised terms. OEM acknowledges that Marimba may be required to include certain Standard License Terms or Access License Terms to comply with government and/or third-party supplier requirements or the like and OEM further acknowledges that certain Programs and/or Updates may not be distributed except pursuant to such terms.
End User Restrictions. Licensee agrees it may only distribute the Distributed
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. The Licensee may not expressly or impliedly license End-Users:
(a) to manufacture Nucleic Acid Arrays; or
(b) to use Licensed Products or Licensed Processes outside the Field; and the Licensee must expressly exclude those rights in its contracts with End-Users (and must require that any distributors of Licensed Products do likewise). The Licensee must also attach an appropriate label to each Licensed Product and associated documentation stating the patent numbers of issued patents covering that Licensed Product and expressly excluding those rights. The wording of the label must be as set out in Schedule 1A or as otherwise approved in writing by OGT before use. If OGT finds that a distributor of Licensed Products Supplied by the Licensee is failing to label Licensed Products in accordance with this clause, or is failing to enforce the terms of those labels, the parties will at OGT’s request discuss what action should be taken to ensure future compliance.
