Escrow of Software Sample Clauses

Escrow of Software. StormMQ agrees to provide the source code of all versions of the Software Solution that are covered by this Agreement to an escrow agent selected by mutual agreement who will hold in escrow the source code of those software components described in Schedule C as being appropriate for escrow throughout the term of this Agreement. Schedule C also describes the Non-Escrow Software which will not be supplied for escrow under this Agreement. In the event that StormMQ, for any reason, is (i) unable to provide Xxxxx with the Software Solution, services and support for the Software Solution, or the use of the Software Solution, (ii) discontinues its business operations, or (iii) becomes insolvent, Xxxxx shall have the immediate right to the Software Solution source code held in escrow and shall have a non-exclusive, world-wide, perpetual licence to use the Software Solution, as identified in Schedule A to this Agreement, for the Xxxxx Business Purpose within the Market. The costs of the escrow provision, including the services of the escrow agent, will be met by Xxxxx. The terms of service of the escrow agent and the detailed escrow terms will be agreed separately between the Parties, such agreement to be reasonably reached and discussed in good faith with best endeavours, and with clear reference to the content and intent of this Agreement.
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Escrow of Software. Within 90 days of the execution of this license agreement, HO Software shall contract with a third party Escrow Provider for the on-going storage and protection of the source code and related documentation for all products made available to Customer under this License Agreement. The Escrow provider shall be mutually agreed to by HO Software and the Customer. Immediately following the execution of the contract HO shall deposit, with the Escrow provider, a copy of the source code and related documentation for the release or releases of software being made available to the Customer. Further, as additional versions of the software are created and issued by HO, HO will provide copies of source code and related documentation to the Escrow Provider within 30 days of the new version being utilized by the Customer. The term of the Escrow agreement shall coincide with the term of this license agreement. The Escrow contract will be established such that deposited materials may only be released to the Customer under the following conditions: HO Software or any subsequent acquirer of HO Software ceases operation as a provider of the HO Cellular Information Management System (HO CIMS); HO Software ceases to provide Maintenance as defined in paragraph 6 for a period of 12 consecutive months; It is understood that the release of deposited materials shall be solely to allow the Customer to continue using the software for the originally intended purposes as defined else where in this license agreement. Under no circumstances will the release of deposited materials to Customer be for any purpose other than for Customer to use for internal processing of the Customer's transactions. Customer represents that it has read this Agreement and understands and agrees to all terms and conditions stated herein. ACCEPTED: ACCEPTED:
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Escrow of Software. To afford protection to LICENSEE, NEW PARADIGM maintains the source code for the SOFTWARE SYSTEM in escrow with an established independent escrow agent. 11.
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Escrow of Software. On the Closing Date, the Company shall deliver to one copy of the Software to Fort Xxxx (the "ESCROW AGENT"), which copy shall serve as a prototype of the Software delivered to ActaMed on the Closing Date and which copy shall be made available to UHC for the defense of any claims by ActaMed or others regarding the functionality and performance of the Software.
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Escrow of Software. H.O. Software shall contract with a third party (the "Escrow Provider") for the on-going storage and protection of the source code and related documentation for the Licensed Software and other products made available to Customer under this Agreement. The Escrow provider shall be mutually agreed to by H.O. Software and the Customer. Immediately following the execution of the escrow contract, H.O. shall deposit with the Escrow Provider a copy of the source code and related documentation for the release or releases of the Licensed Software being made available to the Customer. Further, as additional versions of the Licensed Software are created and issued by H.O., H.O. will provide copies of source code and related documentation to the Escrow Provider within 30 days of the new version being utilized by the Customer. The term of the escrow contract shall coincide with the term of this Agreement. The escrow contract will be established such that deposited materials may only be released to the Customer under the following conditions: o H.O. or any subsequent acquirer of H.O. ceases operations as a provider of the Licensed Software; or
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Escrow of Software. The Software, including, without limitation, all source code, and all Updates and Upgrades thereof or thereto, shall be placed in escrow by QOS within thirty (30) days after the date hereof and maintained in accordance with an Escrow Agreement. The Escrow Agreement shall be among IQO and QOS and a mutually acceptable independent third party that customarily serves as an escrow agent for companies seeking to place software in escrow and will provide that the Software and all Updates and Upgrades thereof or thereto will be released from escrow to IQO in the event of the bankruptcy or dissolution of QOS.
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Escrow of Software 
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Related to Escrow of Software

  • Software Warranty NETGEAR warrants to the end-user that each item of Software, as delivered or updated by NETGEAR and properly installed and operated on the Hardware or other equipment it is originally licensed for, will function substantially as described in its then-current user documentation during its respective warranty period. If any item of Software fails to so perform during its warranty period, as the sole remedy NETGEAR or NETGEAR's supplier will at its discretion provide a suitable fix, patch or workaround for the problem which may be included in a future revision of the Software. For specific Software which is distributed by NETGEAR as a licensee of third parties, additional warranty terms offered by such third parties to end-users may apply.

  • Company Software “Company Software” shall mean any software (including software development tools and software embedded in hardware devices, and all updates, upgrades, releases, enhancements and bug fixes) owned, developed (or currently being developed), used, marketed, distributed, licensed or sold by an Acquired Corporation at any time (other than non-customized third-party software that is not incorporated into any Company Product and is licensed to an Acquired Corporation solely in object code form and solely for internal use on a non-exclusive basis).

  • Third Party Software Customer acknowledges that in order for MyEcheck to perform the Consulting Services, Customer may need to obtain additional third party services ("Third Party Services") or third party technology ("Third Party Technology"). Customer agrees that the rights and licenses with respect to Third Party Technology and Third Party Services shall be under terms set forth in the pertinent purchase, license or services agreements between Customer and the vendors of such Third Party Software or Third Party Services. Customer shall execute and comply with appropriate purchase, license, or services agreements with respect to any Third Party Software or Third Party Services. Any amounts payable to third party vendors or service providers under such agreements are the sole responsibility of Customer and shall be paid directly by Customer to such third party vendors or service providers. MyEcheck Services Agreement

  • Source Code OEM acknowledges the extreme importance of the confidentiality and trade secret status of the RSA Source Code and OEM agrees, in addition to complying with the requirements of Section 6.1 as it relates to the RSA Source Code, to: (i) only use the RSA Source Code at the address set forth on page 1 hereof or such alternate location specified in the applicable License/Product Schedule; (ii) inform any employee that is granted access to all or any portion of the RSA Source Code of the importance of preserving the confidentiality and trade secret status of the RSA Source Code; and (iii) maintain a controlled, secure environment for the storage and use of the RSA Source Code.

  • Licensed Software Section 3.17(f).......................................27

  • Proprietary Software Depending upon the products and services You elect to access through Electronic Access, You may be provided software owned by BNY Mellon or licensed to BNY Mellon by a BNY Mellon Supplier (“Proprietary Software”). You are granted a limited, non-exclusive, non-transferable license to install the Proprietary Software on Your authorized computer system (including mobile devices registered with BNY Mellon) and to use the Proprietary Software solely for Your own internal purposes in connection with Electronic Access and solely for the purposes for which it is provided to You. You and Your Users may make copies of the Proprietary Software for backup purposes only, provided all copyright and other proprietary information included in the original copy of the Proprietary Software are reproduced in or on such backup copies. You shall not reverse engineer, disassemble, decompile or attempt to determine the source code for, any Proprietary Software. Any attempt to circumvent or penetrate security of Electronic Access is strictly prohibited.

  • Computer Software All computer applications software, owned or licensed, whether for general business usage (e.g., accounting, word processing, graphics, spreadsheet analysis, etc.), or specific, unique-to-the-business usage, and all computer operating, security or programming software, owned or licensed by Seller and used in the operation of the Business; and

  • Source Code Escrow On the date hereof, Company shall deliver to an independent third party escrow agent, selected and designated by AMEX and approved by Company (such approval not to be unreasonably withheld) ("Escrow Agent"), for deposit in accordance with an escrow agreement among the Escrow Agent and the parties hereto and substantially in the form attached as Exhibit E ("Escrow Agreement"), a current and complete copy of the source code (the "Source Code") for the Domain Name and any other materials required to operate the Source Code (the "Escrow Materials"). Within [ ** ] of the installation of any new update to the Service (or any other substantial modification to the Source Code, the Domain Name or the Service) or within [ ** ] of the last deposit hereunder, whichever is sooner, Company shall deliver to the Escrow Agent, for deposit in accordance with such Escrow Agreement, any and all changes to the Escrow Materials which correspond to changes, if any, made to the corresponding Escrow Material or shall notify Escrow Agent that no changes were made during the preceding period. All materials deposited hereunder shall be considered "Escrow Materials" as the term is used herein. In the event of (i) the Company's insolvency (as defined in Section 16(e)) or (ii) the Company's material breach of the terms of this Agreement specifically because of its gross negligence or willful misconduct and such breach is not fully remedied within thirty (30) days of AMEX's notice to Company, then notwithstanding any other rights and remedies to which AMEX may be entitled, AMEX shall immediately have the right to obtain a copy of the Escrow Materials from the Escrow Agent upon written notice as provided in the Escrow Agreement for use in continued provision of the Service. AMEX shall have the right, at any time upon at least ten (10) days' written notice to Company and Escrow Agent, to select and designate a new escrow agent to replace the Escrow Agent hereunder. Upon such notice, Escrow Agent shall completely, safely and securely transfer the Escrow Materials to the new escrow agent (which will then become the "Escrow Agent" hereunder) and confirm such transfer in writing to AMEX and Company. ** INDICATES CONFIDENTIAL TREATMENT REQUESTED.

  • Software License Agreement McDATA agrees that all Licensed Software will be distributed to Customers subject to a Software License Agreement (including warranty statement), along with a McDATA Manual, in a manner which is (a) no less protective of BROCADE's Intellectual Property Rights in the Licensed Software than the form attached hereto as Exhibit D, and (b) legally enforceable in the jurisdictions in which the Licensed Software, as incorporated into the McDATA Products, is distributed.

  • Incorporation of Software Code I agree that I will not incorporate into any Company software or otherwise deliver to Company any software code licensed under the GNU General Public License or Lesser General Public License or any other license that, by its terms, requires or conditions the use or distribution of such code on the disclosure, licensing, or distribution of any source code owned or licensed by Company except in strict compliance with Company’s policies regarding the use of such software.

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