FXG Software; Scanner Equipment Sample Clauses

FXG Software; Scanner Equipment. JEE agrees to use FXG-provided software, including updates to and new versions of such software that are provided by FXG ("FXG Software"), and two-way, cellular/satellite communications devices and certain associated equipment that FXG has certified as compatible with the FXG Software (" Scanners") to interface with FXG's systems and collect and transmit Package Tracking Information as defined herein. The Parties acknowledge that the collection and transmission of such Package Tracking Information is part of the Services for which Customers pay, and JEE agrees to exclusively use the FXG Software to provide such Services under this Agreement. XXX agrees, at XXX's expense, to acquire and utilize FXG-certified compatible Scanners in sufficient quantity to provide the Services. FXG shall post on xxxx://xxxxxxxxxxx.xxx a list of FXG-certified compatible Scanners, which list is incorporated herein by reference. If FXG removes devices and associated equipment from the list of FXG-certified compatible, FXG agrees to provide advance notice of the update, and JEE agrees to ensure all Scanners used to provide the Services are on the updated list of FXG-certified compatible Scanners within the timeframe referenced in the notice, which shall be reasonable under the circumstances. With respect to the Scanners JEE utilizes to provide Services under this Agreement, JEE further agrees to: (1) ensure that the current version of the FXG Software is installed, updated, and maintained on the Scanners; (2) grant FXG permission to access and retrieve data from the Scanners in the event of a Scanner or transmission failure; (3) grant FXG permission to access the Scanners to update or provide new versions of the FXG Software without notice to JEE; (4) keep the Scanners free of any software applications that may conflict with the operation of the FXG Software; (5) ensure the Scanners have active SIM cards, data service, and cellular and global positioning system (GPS) radios enabled at all times when providing Services under this Agreement; (6) ensure transmission of collected Package Tracking Information to FXG on a daily basis or at more frequent times requested by FXG to meet Customer expectations; and (7) maintain Scanner appearance and functionality consistent with Customer expectations. FXG agrees to make available to JEE contact information for third-party Scanner suppliers that FXG has authorized to install, update and maintain the current version of the FXG Software.
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Related to FXG Software; Scanner Equipment

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  • Open Source Software The Software product may include certain open source components that are subject to open source licenses (“Open Source Software”), in which case, the embedded Open Source Software is owned by a third party. The Open Source Software is not subject to the terms and conditions of this XXXX. Instead, each item of Open Source Software is licensed under its applicable license terms which accompanies such Open Source Software. Nothing in this XXXX limits your rights under, nor grants you rights that supersede, the terms and conditions of any applicable license terms for the Open Source Software. Any fees charged by GC in connection with the SOFTWARE, do not apply to the Open Source Software for which fees may not be charged under the applicable license terms. The terms and conditions of the applicable license for the Open Source Software are available on the LICENSE.txt file, which is provided with the SOFTWARE.

  • Software Title and ownership to Existing Software Product(s) delivered by Contractor under the Contract that is normally commercially distributed on a license basis by the Contractor or other independent software vendor proprietary owner (“Existing Licensed Product”), embedded in the Custom Products, shall remain with Contractor or the proprietary owner of other independent software vendor(s) (ISV). Effective upon acceptance, such Product shall be licensed to Authorized User in accordance with the Contractor or ISV owner’s standard license agreement, provided, however, that such standard license, must, at a minimum: (a) grant Authorized User a non-exclusive, perpetual license to use, execute, reproduce, display, perform, adapt (unless Contractor advises Authorized User as part of Contractor’s proposal that adaptation will violate existing agreements or statutes and Contractor demonstrates such to the Authorized User’s satisfaction) and distribute Existing Licensed Product to the Authorized User up to the license capacity stated in the Purchase Order or work order with all license rights necessary to fully effect the general business purpose(s) stated in the Bid or Authorized User’s Purchase Order or work order, including the financing assignment rights set forth in paragraph (c) below; and (b) recognize the State of New York as the licensee where the Authorized User is a state agency, department, board, commission, office or institution. Where these rights are not otherwise covered by the ISV’s owner’s standard license agreement, the Contractor shall be responsible for obtaining these rights at its sole cost and expense. The Authorized User shall reproduce all copyright notices and any other legend of ownership on any copies authorized under this clause. Open source software is developed independently of Contractor and may be governed by a separate license (“open source software”). If the open source software is governed by a separate License and provided under this Contract, Contractor shall provide a copy of that license in the applicable Documentation and the Authorized User's license rights and obligations with respect to that open source software shall be defined by those separate license terms and subject to the conditions, if any, therein. Nothing in this Contract shall restrict, limit, or otherwise affect any rights or obligations the Authorized User may have, or conditions to which the Authorized User may be subject, under such separate open source license terms.

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