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.
Sample 1Sample 2Sample 3
AutoNDA by SimpleDocs
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.
Sample 1
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:
Sample 1
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.
Sample 1
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.
Sample 1
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
Sample 1
Escrow of Software 
Sample 1
AutoNDA by SimpleDocs

Related to Escrow of Software

  • Limited Software Warranty MyECheck represents, warrants, and covenants that: MyECheck warrants to the original end user (“Customer”), and not to subsequent end users, of the Extreme Networks software product (“Software”) that for ninety (90) days from the date of installation of the Software from MyECheck, the Software shall substantially conform with the specification for the Software at the (“Documentation”). MyECheck does not warrant (i) that the Software is error free, (ii) that Customer will be able to operate the Software without problems or interruptions or (iii) that the Software will be free of vulnerability to intrusion or attack. Except for the limited warranty set forth in this section, the Software is provided “AS IS.”

  • Software Warranty We warrant that the Tyler Software will perform without Defects during the term of this Agreement. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the maintenance and support process set forth in Section C(9), below, the SLA and our then current Support Call Process.

  • Malicious Software The Contractor or subcontractors that discover and isolate malicious software in connection with a reported cyber incident shall submit the malicious software in accordance with instructions provided by the Contracting Officer.

  • Third Party Software 1. The Software may contain third party software that requires and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions are located at xxxx://xxx.xxxxxxxxx.xxx/thirdparty/index.html and are made a part of and incorporated by reference into this XXXX. By accepting this XXXX, You are also accepting the additional terms and conditions, if any, set forth therein.

  • Embedded Software To the extent any goods contain Embedded Software (defined below) that is not Buyer’s Property, no title to such Embedded Software shall pass to Buyer, and Supplier shall grant Buyer, its customers and all other users a non-exclusive worldwide, irrevocable, perpetual, royalty-free right to use, load, install, execute, demonstrate, market, test, resell, sublicense and distribute such Embedded Software as an integral part of such goods or for servicing the goods (the “Buyer-Required License”). If such Embedded Software or any part thereof is owned by a third party, prior to delivery, Supplier shall obtain the Buyer-Required License from such third-party owner. “Embedded Software” means software necessary for operation of goods and embedded in and delivered as an integral part of goods.

  • Hardware Warranty Company warrants that for a period of one (1) year from delivery of Hardware, Hardware will be free from defects in material and workmanship in normal use, but does not cover any of the following: (i) improper installation, maintenance, adjustment, repair or modification by Customer or a third party; (ii) misuse, neglect, or any other cause other than ordinary use, including without limitation, accidents or acts of God; (iii) improper environment, excessive or inadequate heating or air conditioning, electrical power failures, surges, water damage or other irregularities; (iv) third party software or software drivers; or (v) damage during shipment.

  • Antivirus software All workstations, laptops and other systems that process and/or store PHI COUNTY discloses to CONTRACTOR or CONTRACTOR creates, receives, maintains, or transmits on behalf of COUNTY must have installed and actively use comprehensive anti-virus software solution with automatic updates scheduled at least daily.

  • Source Code 5.1 Nothing in this XXXX shall give to the User or any other person any right to access or use the Source Code or constitute any licence of the Source Code.

  • Server Software Subject to the terms and conditions of this XXXX, Vocera grants you the non-exclusive right to (i) install and run (“Use”) the Server Software on computer systems (each, a “Server Computer”) located at End User’s Facilities in the geographic territory designated above (“Territory”); (ii) to Use the Client Software in conjunction with Authorized Client Devices and such Server Computers; and (iii) for pilot licenses for certain Software provided on a trial basis, use such Software for the limited term specified by Vocera in writing. You may Use the standard Server Software on one primary Server Computer (or a primary cluster of computers suitably configured for productive use of the Server Software). You may install backup copies of the Server Software on backup Server Computers to provide redundancy in the event of failure of the primary Server Computer(s) but, unless you have acquired additional licenses or a failover license from Vocera, you may not run such backup or additional copies concurrently with the primary copies. Vocera grants you the right to use the applicable License Key issued by Vocera only to enable Use of the Server Software in conjunction with the licensed Server Computers. Server Software may be licensed for a Subscription Term as specified in the Quote.

  • Licensed Software Computer program(s) provided by Contractor in connection with the Deliverables, subject to Section 14 of this Contract.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!