Common use of General Restrictions Applicable to Clause in Contracts

General Restrictions Applicable to. All Kinds of Licenses and Permissible Uses (a) You may not sell, distribute, lease, rent, sublicense, modify, change, alter, assign, or transfer the Program or this license, except that: (i) You may transfer the license to a party that purchases all or substantially all of the assets of your business, provided that You notify Sage in writing prior to the distribution of the Program to the purchasing party, and the purchasing party agrees in writing to be bound by the Agreement; or (ii) upon written permission from Sage, You may transfer the license to a party that agrees to be bound by this Agreement. (b) You may not reverse-engineer, reverse-translate, disassemble, or decompile the Program, or any portion thereof, or otherwise attempt to discover the source code or structural framework of the Program. You may not create any derivative work based upon the Program by altering, modifying or translating the code of the Program. You may not obscure or remove any copyright or trademark notice from the Program. (c) You may not make copies, translations or modifications of or to the Program or any portion thereof, except as permitted in this Agreement. You must reproduce all copyright, trademark, trade secret and other proprietary notices on any such copies of the Program. (d) You may not install more than one (1) Program on any Client Device. Use of software, hardware or services that bypass any Program license restrictions and/or reduce the number of Client Devices users and/or seats, as may be applicable, accessing or utilizing the Program (e.g., “multiplexing,” “pooling,” or third party add on software or hardware) expressly does not reduce the number of licenses required (i.e., the required number of licenses would equal the number of distinct inputs to the multiplexing or pooling software or hardware “front end”). (e) You may not use or permit any other person (including without limitation any parent, affiliate or subsidiary organization) to benefit from the use or functionality of the Program, either directly or via a facility management, timesharing, service bureau or any other arrangement; provided, however, that You may use the Program, as provided herein, to process the data of an affiliate or subsidiary of which You own more than fifty percent (50%); provided, however, You may not exceed the number of companies specified on the applicable product packaging or accompanying documentation. (f) You may not install the Program on more Client Devices than You have Licenses and only licensed Named Users may access the Program, except as may be permitted by this Agreement. Sage may verify compliance of license entitlement and restrict use of the Program if it determines that You have violated the terms of this Agreement. (g) You may not share a license. Each user of the Program must have their own license, including all part- time employees. (h) Using the Software in excess of (i) the limitations set forth in this Agreement, and (ii) the number and types of users, seats or licenses You purchase or rightfully acquire. Use of the Software in excess of the number and type of licenses You purchased constitutes a material breach of this Agreement and (1) You agree to pay to Sage the additional license or subscription fees due for the unpaid use calculated in accordance with the applicable Sage retail price list in effect at the time payment is made, and (2) failure to make the foregoing payment within 30 days of Sage’s invoice date is also a material breach of this Agreement and results in the automatic termination of this Agreement without notice.

Appears in 3 contracts

Samples: End User License Agreement, End User License Agreement, End User License Agreement

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General Restrictions Applicable to. All Kinds of Licenses and Permissible Uses (a) You may not sell, distribute, lease, rent, sublicense, modify, change, alter, assign, rent or transfer sublicense the Program or this license, except that: (i) You may transfer the license to a party that purchases all or substantially all of the assets of your business, provided that You notify Sage in writing prior to the distribution of the Program to the purchasing party, and the purchasing party agrees in writing to be bound by the Agreement; or (ii) upon written permission from Sage, You may transfer the license to a party that agrees to be bound by this AgreementProgram. (b) You may not reverse-engineer, reverse-translate, disassemble, or decompile the Program, or any portion thereof, or otherwise attempt to discover the source code or structural framework of the Program. You may not create any derivative work based upon the Program by altering, modifying or translating the code of the Program. You may not obscure or remove any copyright or trademark notice from the Program. (c) You may not make copies, translations or modifications of or to the Program or any portion thereof, except as permitted in this Agreement. You must reproduce all copyright, trademark, trade secret and other proprietary notices on any such copies of the Program. (d) You may not install more than one (1) Program on any Client Device. Use of software, hardware or services that bypass any Program license restrictions and/or reduce the number of Client Devices users and/or seats, as may be applicable, accessing or utilizing the Program (e.g., “multiplexing,” “pooling,” or third party add on software or hardware) expressly does not reduce the number of licenses required (i.e., the required number of licenses would equal the number of distinct inputs to the multiplexing or pooling software or hardware “front end”). (e) You may not use or permit any other person (including without limitation any parent, affiliate or subsidiary organization) to benefit from the use or functionality of the Program, either directly or via a facility management, timesharing, service bureau or any other arrangement; provided, however, that You may use the Program, as provided herein, to process the data of an affiliate or subsidiary of which You own more than fifty percent (50%); provided, however, You may not exceed the number of companies datasets specified on the applicable product packaging or accompanying documentation. (f) You may not install the Program on more Client Devices than You have Licenses and only licensed Named Users may access the Program, except as may be permitted by this Agreement. Sage may verify compliance of license entitlement and restrict use of the Program if it determines that You have violated the terms of this Agreement. (g) You may not share a license. Each user of the Program must have their own license, including all part- time employees. (h) Using the Software in excess of (i) the limitations set forth in this Agreement, and (ii) the number and types of users, seats or licenses You purchase or rightfully acquire. Use of the Software in excess of the number and type of licenses You purchased constitutes a material breach of this Agreement and (1) You agree to pay to Sage the additional license or subscription fees due for the unpaid use calculated in accordance with the applicable Sage retail price list in effect at the time payment is made, and (2) failure to make the foregoing payment within 30 days of Sage’s invoice date is also a material breach of this Agreement and results in the automatic termination of this Agreement without notice.

Appears in 1 contract

Samples: End User License Agreement

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General Restrictions Applicable to. All Kinds of Licenses and Permissible Uses (a) You may use only the Sage 50 Premium Accounting and Sage 50 Quantum Accounting products within a Windows Terminal Server environment subject to requirements contained in the Documentation. (b) You may not make copies, translations, or modifications of or to the Program or any portion thereof. You must reproduce all copyright, trademark, trade secret and other proprietary notices on any such copies of the Program. All copies of the Program are subject to the terms and conditions of this Agreement. (c) You may not sell, distribute, lease, rent, sublicense, modify, change, alter, assign, assign or transfer the Program or this license, except that: (i) You may transfer the license to a party that purchases all or substantially all of the assets of your business, provided that You notify Sage in writing prior to the distribution of the Program to the purchasing party, and the purchasing party agrees in writing to be bound by the Agreement; or (ii) upon written permission from Sage, You may transfer the license to a party that agrees to be bound by this Agreement. (bd) You may not reverse-engineer, reverse-translate, disassemble, or decompile the Program, or any portion thereof, or otherwise attempt to discover the source code or structural framework of the Program. You may not create any derivative work based upon the Program by altering, modifying modifying, or translating the code of the Program. You may not obscure or remove any copyright or trademark notice from the Program. (c) You may not make copies, translations or modifications of or to the Program or any portion thereof, except as permitted in this Agreement. You must reproduce all copyright, trademark, trade secret and other proprietary notices on any such copies of the Program. (de) You may not install more than one (1) Program on any Client Device. Use of software, hardware or services that bypass any Program license restrictions and/or reduce the number of Client Devices Devices, users and/or seats, as may be applicable, accessing or utilizing the Program (e.g., “multiplexing,” “pooling,” or third party add on software or hardware) expressly does not reduce the number of licenses required (i.e., the required number of licenses would equal the number of distinct inputs to the multiplexing or pooling software or hardware “front end”). (ef) You may not use or permit any other person (including without limitation any parent, affiliate or subsidiary organization) to benefit from the use or functionality of the Program, either directly or via a facility management, timesharing, service bureau or any other arrangement; provided, however, that You may use the Program, as provided herein, to process the data of an affiliate or subsidiary of which You own more than fifty percent (50%); provided, however, You may not exceed the number of companies datasets specified on the applicable product packaging or accompanying documentation. (fg) You may not install the Program on more Client Devices than You you have Licenses and only licensed Named Users may access the Program, except as may be permitted by this Agreement. Sage may verify compliance of license entitlement and restrict use of the Program if it determines that You have violated the terms of this Agreement. (gh) You may not share a license. Each user of the Program must have their own license, including all part- part-time employees. (h) Using the Software in excess of (i) the limitations set forth in this Agreement, and (ii) the number and types of users, seats or licenses You purchase or rightfully acquire. Use of the Software in excess of the number and type of licenses You purchased constitutes a material breach of this Agreement and (1) You agree to pay to Sage the additional license or subscription fees due for the unpaid use calculated in accordance with the applicable Sage retail price list in effect at the time payment is made, and (2) failure to make the foregoing payment within 30 days of Sage’s invoice date is also a material breach of this Agreement and results in the automatic termination of this Agreement without notice.

Appears in 1 contract

Samples: End User License Agreement

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