GRANT AND SCOPE OF LICENCE. 2.1 In consideration of your payment to us of the Licence Fee (if applicable) and you agreeing to abide by the terms of this Licence, we hereby grant to you a non-exclusive, non-transferable, revocable licence (without the right to grant sub-licences) to use the Software and the Documentation on the Personal Computer only on the terms of this Licence commencing on and including the Acceptance Date. 2.2 Subject to condition 2.3, you may: 2.2.1 install and use the Software only on the Personal Computer (provided that the Personal Computer remains in your ownership and control), e.g. for the off-line analysis of flow cytometry data, and only for your internal business purposes (or those of your employer) (Permitted Use); and 2.2.2 provided you comply with the provisions in condition 3, make a reasonable number of copies of the Software solely for backup purposes; and 2.2.3 use any Documentation in support of the Permitted Use and, provided you comply with the provisions in condition 3, you may make one copy of the Documentation as is reasonably necessary for its proper and lawful use. 2.3 If the licence granted under this Licence is an Evaluation Licence, as stated by us in writing, or if no Licence Fee is payable by you: 2.3.1 you may install and use the Software only on the Personal Computer (provided that the Personal Computer remains in your ownership and control), e.g. for the off-line analysis of flow cytometry data, and solely to evaluate the suitability of the Software for Licensee's business (Permitted Evaluation Use); 2.3.2 you must not make any copies of the Software or the Documentation; 2.3.3 the Licence may be terminated at any time by Licensor; 2.3.4 unless terminated earlier by us under condition 2.3.3, the Licence will automatically terminate on the expiry of 14 consecutive days from the date of installation (or such other period as we expressly agree in writing); and 2.3.5 you acknowledge that the Software provided for the Permitted Evaluation Use may not exhibit full functionality. 2.4 Any Licensee Data you enter into the during an Evaluation Licence will be permanently lost unless you purchase a Licence to use the Software, or export such data, before the expiry or termination of the Evaluation Licence. 2.5 For the purposes of this licence, unless the context otherwise requires, “use” means accessing, downloading or loading the Software into temporary memory or permanent storage on the Personal Computer, provided that installation on a network server for distribution to other computers is not "use" if the Software is licensed under this Licence or any other valid licence for use on each computer to which the Software is distributed. 2.6 You are solely responsible for obtaining all equipment required for the use of the Software and you are responsible for ensuring the compatibility thereof with the Software, and for paying all fees, including all taxes and Internet access fees, necessary to access and use the Software. 2.7 Your access to and use of the Software shall be enabled by the use of a Licence Key. 2.8 You acknowledge and accept that the Licence Key authorisation process may require the transmission of data regarding the Personal Computer to us and you consent to such transmission. If any personal data is transmitted as part of the Licence Key authorisation process, such personal data in accordance with our privacy policy, which can be found on our website [xxxxx://xxx.xxxxxxxxxxxxxxxx.xxx]. 2.9 The rights provided under this condition 2 are granted to the Licensee only, and shall not be considered granted to any subsidiary or holding company of the Licensee.
Appears in 2 contracts
Samples: Licence Agreement, Licence Agreement
GRANT AND SCOPE OF LICENCE. 2.1 In consideration of your payment to us of the Licence Fee Fees (if applicable) and you agreeing to abide by the terms of this Licence, we hereby grant to you a non-exclusive, non-transferable, revocable licence (without the right to grant sub-licences) to permit the Authorised Users to use the Software and the Documentation on the Personal Computer only on the terms of this Licence commencing on and including the Acceptance DateDate for the Subscription Term.
2.2 Subject to condition 2.3, you and your Authorised Users may:
2.2.1 install access and use the Software only on the Personal Computer (provided that the Personal Computer remains in your ownership for Internet File and control), e.g. for the off-line analysis of flow cytometry data, and Workflow Management only for your internal business purposes (or those of your employer) (Permitted Use); and
2.2.2 provided you comply with the provisions in condition 3, make a reasonable number of copies of the Software solely for backup purposes; and
2.2.3 use any Documentation in support of the Permitted Use and, provided you comply with the provisions in condition 3, you may make one copy of the Documentation as is reasonably necessary for its proper and lawful use.
2.3 If the licence granted under this Licence is an Evaluation Licence, as stated by us in writing, or if no Licence Fee is payable by you:you:
2.3.1 you may install access and use the Software only on the Personal Computer (provided that the Personal Computer remains in your ownership for Internet File and control), e.g. for the off-line analysis of flow cytometry data, and Workflow Management solely to evaluate the suitability of the Software for Licensee's business (Permitted Evaluation Use);
2.3.2 you must not make any copies of the Software or the Documentation;
2.3.3 the Licence may be terminated at any time by Licensor;Licensor;
2.3.4 unless terminated earlier by us under condition 2.3.3, the Licence will automatically terminate on the expiry of 14 consecutive days from the date of installation initial access (or such other period as we expressly agree in writing); and
2.3.5 you acknowledge that the Software provided for the Permitted Evaluation Use may not exhibit full functionality.
2.4 Any Licensee Data you enter into the during an Evaluation Licence will be permanently lost unless you purchase a Licence to use the Software, or export such data, before the expiry or termination of the Evaluation Licence.
2.5 For the purposes of this licence, unless the context otherwise requires, “use” means accessing, downloading or loading the Software into temporary memory or permanent storage on the Personal Computer, provided that installation on a network server for distribution to other computers is not "use" if the Software is licensed under this Licence or any other valid licence for use on each computer to which the Software is distributed.
2.6 You are solely responsible for for:
2.5.1 obtaining all equipment required for the use of the Software and you are responsible for ensuring the compatibility thereof with the Software, and ;
2.5.2 for paying all fees, including all taxes and Internet access fees, necessary to access and use the Software;
2.5.3 ensuring that your network and systems comply with the relevant specifications provided by us from time to time; and
2.5.4 to the extent permitted by law and except as otherwise expressly provided in this Licence, procuring, maintaining and securing your network connections and telecommunications links from your systems to our data centres (or those of our service providers), and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet; and
2.5.5 for obtaining and maintain all other necessary licences, consents, and permissions required for your use of the Software, including if you intend to use the Software together with any other of our compatible software products.
2.7 2.6 Your access to and use of the Software shall be enabled by the use of a Licence Key.
2.8 2.7 You acknowledge and accept that the Licence Key authorisation process may require the transmission of data regarding the Personal Computer your network connections to us and you consent to such transmission. If any personal data is transmitted as part of the Licence Key authorisation process, we shall process such personal data in accordance with our privacy policy, which can be found on our website [xxxxx://xxx.xxxxxxxxxxxxxxxx.xxx].
2.9 2.8 The rights provided under this condition 2 are granted to the Licensee only, and shall not be considered granted to any subsidiary or holding company of the Licensee.shall:
Appears in 1 contract
Samples: Licence Agreement
GRANT AND SCOPE OF LICENCE. 2.1 In consideration of your payment to us of the Licence Fee (if applicable) and you agreeing to abide by the terms of this Licence, we hereby grant to you a non-exclusive, non-transferable, revocable licence (without the right to grant sub-licences) to use the Software and the Documentation on the Personal Computer only on the terms of this Licence commencing on and including the Acceptance Date.
2.2 Subject to condition 2.3, you may:
2.2.1 install and use the Software only on the Personal Computer (provided that the Personal Computer remains in your ownership and control), e.g. for the off-line analysis of flow cytometry data, and File Management only for your internal business purposes (or those of your employer) (Permitted Use); and
2.2.2 provided you comply with the provisions in condition 3, make a reasonable number of copies of the Software solely for backup purposes; and
2.2.3 use any Documentation in support of the Permitted Use and, provided you comply with the provisions in condition 3, you may make one copy of the Documentation as is reasonably necessary for its proper and lawful use.
2.3 If the licence granted under this Licence is an Evaluation Licence, as stated by us in writing, or if no Licence Fee is payable by you:you:
2.3.1 you may install and use the Software only on the Personal Computer (provided that the Personal Computer remains in your ownership and control), e.g. for the off-line analysis of flow cytometry data, File Management and solely to evaluate the suitability of the Software for Licensee's business (Permitted Evaluation Use);
2.3.2 you must not make any copies of the Software or the Documentation;
2.3.3 the Licence may be terminated at any time by Licensor;Licensor;
2.3.4 unless terminated earlier by us under condition 2.3.3, the Licence will automatically terminate on the expiry of 14 consecutive days from the date of installation (or such other period as we expressly agree in writing); and
2.3.5 you acknowledge that the Software provided for the Permitted Evaluation Use may not exhibit full functionality.
2.4 Any Licensee Data you enter into the during an Evaluation Licence will be permanently lost unless you purchase a Licence to use the Software, or export such data, before the expiry or termination of the Evaluation Licence.
2.5 For the purposes of this licence, unless the context otherwise requires, “use” means accessing, downloading or loading the Software into temporary memory or permanent storage on the Personal Computer, provided that installation on a network server for distribution to other computers is not "use" if the Software is licensed under this Licence or any other valid licence for use on each computer to which the Software is distributed.
2.6 You are solely responsible for obtaining all equipment required for the use of the Software and you are responsible for ensuring the compatibility thereof with the Software, and for paying all fees, including all taxes and Internet access fees, necessary to access and use the Software.
2.7 Your access to and use of the Software shall be enabled by the use of a Licence Key.
2.8 You acknowledge and accept that the Licence Key authorisation process may require the transmission of data regarding the Personal Computer to us and you consent to such transmission. If any personal data is transmitted as part of the Licence Key authorisation process, such personal data in accordance with our privacy policy, which can be found on our website [xxxxx://xxx.xxxxxxxxxxxxxxxx.xxx].
2.9 The rights provided under this condition 2 are granted to the Licensee only, and shall not be considered granted to any subsidiary or holding company of the Licensee.
Appears in 1 contract
Samples: End User License Agreement (Eula)
GRANT AND SCOPE OF LICENCE. 2.1 In consideration of your payment to us of the Licence Fee Fees (if applicable) and you agreeing to abide by the terms of this Licence, we hereby grant to you a non-exclusive, non-transferable, revocable licence (without the right to grant sub-licences) to download or stream a copy of the App onto your compatible device(s) and view, use and display the App on such device(s) and use the Software and the Documentation on the Personal Computer Services for your internal business purposes (or those of your employer) only on the terms of this Licence commencing on and including the Acceptance DateDate for the Subscription Term.
2.2 Subject to condition 2.3, you may:
2.2.1 install Download or stream, access and use the Software App and use the Services only on in the Personal Computer (provided that the Personal Computer remains in your ownership and control), e.g. for the off-line analysis ordinary course of flow cytometry data, and only for your internal business purposes (or those of your employer) (Permitted Use); and
2.2.2 provided you comply with the provisions in condition 3, make a reasonable number of copies of the Software solely for backup purposes; and
2.2.3 use any Documentation in support of the Permitted Use and, Use;
2.2.3 provided you comply with the provisions in condition 3, you may make one copy of the App and the Documentation for back up purposes as is reasonably necessary for its proper and lawful use; and
2.2.4 receive and use any Maintenance Release as we may provide to you.
2.3 If the licence granted under this Licence is an Evaluation Licence, as stated in the Order Form or otherwise stated by us in writing, or if no Licence Fee is payable by you:you:
2.3.1 you may install access and use the Software only on App and the Personal Computer (provided that the Personal Computer remains in your ownership and control), e.g. for the off-line analysis of flow cytometry data, and Services solely to evaluate the suitability of the Software App and Services for Licensee's the ordinary course of your internal business purposes (or those of your employer) (Permitted Evaluation Use);
2.3.2 you must not make any copies of the Software App or the Documentation;
2.3.3 the Licence may be terminated at any time by Licensor;us;
2.3.4 unless terminated earlier by us under condition 2.3.3, the Licence will automatically terminate on the expiry of 14 30 consecutive days from the date of installation initial access (or such other period as we expressly agree in writing); and
2.3.5 you acknowledge that the Software App and/or Services provided for the Permitted Evaluation Use may not exhibit full functionality.
2.4 Any Licensee Customer Data you enter into the provide during an Evaluation Licence will be permanently lost at the expiry or termination of the Evaluation Licence unless you purchase a Licence subscription to use the SoftwareServices, or export such data, before the expiry or termination of the Evaluation Licence. We will have no responsibility or liability for any Customer Data disposed of or deleted (whether by us or a third party) after termination or expiration of your Evaluation Licence.
2.5 For the purposes of this licence, unless the context otherwise requires, “use” means accessing, downloading or loading the Software into temporary memory or permanent storage on the Personal Computer, provided that installation on a network server for distribution to other computers is not "use" if the Software is licensed under this Licence or any other valid licence for use on each computer to which the Software is distributed.
2.6 You are solely responsible for for:
2.5.1 obtaining all equipment required for the use of the Software App and Services and you are responsible for ensuring the compatibility thereof with the Software, App and Services;
2.5.2 for paying all fees, including all taxes and Internet access fees, necessary to access and use the Software.App and Services;
2.7 Your access 2.5.1 ensuring that your network and systems comply with the relevant specifications provided by us from time to time;
2.5.2 effectively anonymising any personal data contained within the Customer Data before such Customer Data is provided, posted, uploaded, inputted or submitted via the App;
2.5.3 to the extent permitted by law and except as otherwise expressly provided in this Licence, procuring, maintaining and securing your network connections and telecommunications links from your systems to our data centres (or those of our service providers), and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet;
2.5.4 if you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with the terms of this Licence, whether or not you own the phone or other device; and
2.5.5 for obtaining and maintain all other necessary licences, consents, and permissions required for your use of the Software shall be enabled by App and the use of a Licence KeyServices.
2.8 2.6 You acknowledge and accept that the Licence Key our authorisation process may require and your use of the App or any of the Services, requires the transmission of technical data regarding your network connections, the Personal Computer devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you. You agree to us collecting and you consent to using such transmissiondata. If any personal data is transmitted as part of the Licence Key authorisation process, we shall process such personal data in accordance with our privacy policy, which can be found on our website [xxxxx://xxx.xxxxxxxxxxxxxxxx.xxx]here xxxxx://xxx.xxxxxxxxxxxxxxxx.xxx/privacy.
2.9 The rights provided under this condition 2 are granted to the Licensee only, and shall not be considered granted to any subsidiary or holding company of the Licensee.2.7 You shall:
Appears in 1 contract
Samples: End User License Agreement (Eula)
GRANT AND SCOPE OF LICENCE. 2.1 1.1 In consideration of your payment to us of the Licence Fee (if applicable) and you agreeing to abide by the terms of this Licence, we hereby grant to you a non-non- exclusive, non-transferable, revocable transferable and royalty-free licence (without the right to grant sub-licences) to use the Software and the Documentation on the Personal Computer only App on the terms of this Licence commencing on and including the Acceptance DateLicence.
2.2 Subject to condition 2.3, you may:
2.2.1 install 1.2 You may activate and use the Software App solely for the purpose of receiving an automated feed of your clients’ investment data into Intelliflo Office (the “iO”).
1.3 Except as expressly set out in this Licence you undertake:
1.3.1 to only on use the Personal Computer (provided data feed that you receive in iO in accordance with your contractual arrangements with iO that you have entered into a contract with;
1.3.2 not to activate the App until the iO confirms the data feed has been activated;
1.3.3 to ensure that your clients’ investments held within the iO correspond to a plan in iO with an associated policy number;
1.3.4 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App; or
1.3.5 to ensure that the Personal Computer remains App is used by you in your ownership accordance with the terms of this Licence.
1.4 In this Licence, we refer to the site that you download the App from as the ‘Intelliflo Store’ and control), e.g. for we refer to their rules and policies as the off-line analysis of flow cytometry data, and only for your internal business purposes (or those of your employer) (Permitted Use); and
2.2.2 provided you ‘Intelliflo Store Rules’. You must comply with the provisions Intelliflo Store Rules as well as this Licence but, if there is any conflict between them, you should follow the Intelliflo Store Rules rather than the equivalent rule here.
1.5 You do not own the App or any of its contents but you may use it on devices that you own or control, as permitted by the Intelliflo Store Rules.
1.6 If you sell or give away the device on which you have downloaded the App, you must first remove the App from the device.
1.7 You are not allowed to:
1.7.1 modify the App’s code in condition 3any way, including inserting new code, either directly or through the use of another app or piece of software;
1.7.2 deliberately attempt to avoid or manipulate any security features included in the App;
1.7.3 pretend that the App is your own or make a reasonable number it available for others to download or use (including by way of copies copying the code of the Software solely for backup purposes; and
2.2.3 use any Documentation in support of the Permitted Use and, provided you comply with the provisions in condition 3, you may make one copy of the Documentation as is reasonably necessary for its proper App and lawful use.
2.3 If the licence granted under this Licence is creating an Evaluation Licence, as stated by us in writing, or if no Licence Fee is payable by you:
2.3.1 you may install and use the Software only on the Personal Computer (provided that the Personal Computer remains in your ownership and control), e.g. for the off-line analysis of flow cytometry data, and solely to evaluate the suitability of the Software for Licensee's business (Permitted Evaluation Useindependent version);
2.3.2 you must not make 1.7.4 break the law or encourage any copies of the Software or the Documentationunlawful activity;
2.3.3 the Licence may be terminated at any time by Licensor;
2.3.4 unless terminated earlier by us under condition 2.3.3, the Licence will automatically terminate on the expiry of 14 consecutive days from the date of installation 1.7.5 send or upload anything that is (or might be considered to be) defamatory, offensive, obscene or discriminatory;
1.7.6 infringe our or anyone else’s intellectual property rights (for example, by using or uploading someone else’s content);
1.7.7 transmit any harmful software code such other period as we expressly agree in writing); andviruses;
2.3.5 you acknowledge that the Software provided for the Permitted Evaluation Use may not exhibit full functionality.
2.4 Any Licensee Data you enter into the during an Evaluation Licence will be permanently lost unless you purchase a Licence 1.7.8 try to use the Softwaregain unauthorised access to computers, or export such data, before systems, accounts or networks; or
1.7.9 deliberately disrupt the expiry operation of anyone’s website, app, server or termination of the Evaluation Licencebusiness.
2.5 For the purposes of this licence, unless the context otherwise requires, “use” means accessing, downloading or loading the Software into temporary memory or permanent storage on the Personal Computer, provided that installation on a network server for distribution to other computers is not "use" if the Software is licensed under this Licence or any other valid licence for use on each computer to which the Software is distributed.
2.6 You are solely responsible for obtaining all equipment required for the use of the Software and you are responsible for ensuring the compatibility thereof with the Software, and for paying all fees, including all taxes and Internet access fees, necessary to access and use the Software.
2.7 Your access to and use of the Software shall be enabled by the use of a Licence Key.
2.8 You acknowledge and accept that the Licence Key authorisation process may require the transmission of data regarding the Personal Computer to us and you consent to such transmission. If any personal data is transmitted as part of the Licence Key authorisation process, such personal data in accordance with our privacy policy, which can be found on our website [xxxxx://xxx.xxxxxxxxxxxxxxxx.xxx].
2.9 The rights provided under this condition 2 are granted to the Licensee only, and shall not be considered granted to any subsidiary or holding company of the Licensee.
Appears in 1 contract
Samples: Licence Agreement
GRANT AND SCOPE OF LICENCE. 2.1
1.1 In consideration of your payment to us by you of the agreed licence fee agreed between us and you (Licence Fee (if applicableFee) and you agreeing to abide by the terms of this Licence, we hereby hereby:
(a) grant to you a non-exclusive, non-transferable, revocable transferable licence (without the right to grant sub-licences) to use the Software and the Documentation on Documents for:
(i) in the Personal Computer only case of licences provided by us for trial or evaluation (Evaluation Licence), a period of 30 days from the date we issue the licence key (or such other period as is agreed in writing between us and you in the Evaluation Plan or otherwise, not exceeding a period of 90 days); or
(ii) the term specified in your Licence Agreement (Licence Term) on the terms of this Licence commencing on (and including in accordance with the Acceptance Datelicence type specified by us in the Licence Agreement or Evaluation Plan);
(b) agree to make the Hosted Features available to you (excluding any during scheduled or emergency maintenance); and
(c) agree to provide technical support and maintenance (including updates) for the Software and Documents on the terms of your Licence Agreement during the TS&U period specified in your Licence Agreement (TS&U Term).
2.2 Subject to condition 2.31.2 You may:
(a) install (or, you may:
2.2.1 install in the case of any Hosted Features, access) and use the Software only on the Personal Computer (provided that the Personal Computer remains in your ownership and control), e.g. for the off-line analysis of flow cytometry data, and only for your internal business purposes only:
(i) on (or, in the case of the Hosted Features, via) the number of machines and/or servers specified in the Licence Agreement or, in the case of Evaluation Licences, on (or those of your employervia) a single computer controlled by you (Permitted Useor as otherwise defined in an Evaluation Plan); and
2.2.2 (ii) by the number of concurrent users specified in the Licence Agreement or, in the case of Evaluation Licences, by a single user (or as otherwise permitted in an Evaluation Plan);
(b) provided it is used:
(i) on (or via) only on the number of machines and/or servers specified in the Licence Agreement at any one time, (or in the case of Evaluation Licences, one computer controlled by you at any one time or as otherwise defined in an Evaluation Plan); and
(ii) in accordance with the licence type specified in the Licence Agreement (or in the case of Evaluation Licences, in an Evaluation Plan)
(c) transfer the Software (excluding any Hosted Features) from any machine and/or servers on which it is installed to another;
(d) provided you comply with the provisions in condition 32, make a reasonable number of copies up to one copy of the Software solely (excluding any Hosted Features) for backup purposesback-up purposes only provided that you record the location of all copies and disclose these to Romax on request and use that back-up copy only for the purposes of replacing your licensed copy of the Software in the event of it becomes destroyed or defective;
(e) during the TS&U Term receive and use any supplementary software code or update of the Software incorporating "patches" and corrections of errors as may be provided by us from time to time and in accordance with your Licence Agreement; and
2.2.3 (f) during the Licence Term access the Documents and Hosted Features via our online portal and download and use any Documentation Documents in support of the Permitted Use and, provided you comply with the provisions in use permitted under condition 3, you may 1.2 and make one copy such copies of the Documentation Documents as is are reasonably necessary for its proper and lawful use.
2.3 If the licence granted under this Licence is an Evaluation Licence, as stated by us in writing, or if no Licence Fee is payable by you:
2.3.1 you may install and use the Software only on the Personal Computer (provided that the Personal Computer remains in your ownership and control), e.g. for the off-line analysis of flow cytometry data, and solely to evaluate the suitability of the Software for Licensee's business (Permitted Evaluation Use);
2.3.2 you must not make any copies of the Software or the Documentation;
2.3.3 the Licence may be terminated at any time by Licensor;
2.3.4 unless terminated earlier by us under condition 2.3.3, the Licence will automatically terminate on the expiry of 14 consecutive days from the date of installation (or such other period as we expressly agree in writing); and
2.3.5 you acknowledge that the Software provided for the Permitted Evaluation Use may not exhibit full functionality.
2.4 Any Licensee Data you enter into the during an Evaluation Licence will be permanently lost unless you purchase a Licence to use the Software, or export such data, before the expiry or termination of the Evaluation Licence.
2.5 For the purposes of this licence, unless the context otherwise requires, “use” means accessing, downloading or loading the Software into temporary memory or permanent storage on the Personal Computer, provided that installation on a network server for distribution to other computers is not "use" if the Software is licensed under this Licence or any other valid licence for use on each computer to which the Software is distributed.
2.6 You are solely responsible for obtaining all equipment required for the use of the Software and you are responsible for ensuring the compatibility thereof with the Software, and for paying all fees, including all taxes and Internet access fees, necessary to access and use the SoftwareDocuments.
2.7 Your access 1.3 In order to protect the Software from loss and use misuse, licence keys we issue for the Software are time-limited and, subject to payment by you of the Software shall be enabled by Licence Fee, we will throughout the use duration of the Licence Term, provide you with a Licence Keynew licence key prior to expiry of the current time-limit.
2.8 1.4 You acknowledge and accept agree that the Licence Key authorisation process may require Software will, or may, automatically "time out" (that is to say, lock and cease to operate) and the transmission of data regarding Documents and Hosted Features will, or may, become inaccessible:
(a) at the Personal Computer to us and you consent to such transmission. If any personal data is transmitted as part end of the Licence Key authorisation processTerm and/or the Evaluation Licence period if the Recipient has not at that time accepted a full licence of the Software;
(b) if you fail to pay the Licence Fee when due, such personal data unless and until you make payment in accordance with our privacy policy, which can be found on our website [xxxxx://xxx.xxxxxxxxxxxxxxxx.xxx]full for any Licence Fees due to us.
2.9 The rights provided under 1.5 Any Media on which the Software is supplied remains our property and you agree to safeguard it against loss, theft or destruction. Nothing in this condition 2 are granted Licence obliges us to provide replacement Media to you in the Licensee onlyevent of its loss, and shall not be considered granted to any subsidiary theft or holding company of the Licenseedestruction.
Appears in 1 contract
Samples: End User License Agreement (Eula)
GRANT AND SCOPE OF LICENCE. 2.1 3.1 In consideration of your payment to us of the Licence Fee (if applicable) and you agreeing to abide be bound by the terms of this LicenceAgreement, we Netduma hereby grant grants to you a non-exclusive, non-transferable, revocable transferable licence (without the right to grant sub-licences) to use the Software installed on the Netduma Router and the Documentation on the Personal Computer only on the terms of this Licence commencing on and including Agreement from the Acceptance DateEffective Date until it is terminated as set out in clause 13 (Termination) below at a single User Location for non-commercial purposes.
2.2 Subject 3.2 The right granted in clause 3.1 above does not give you any right to condition 2.3sub-licence the Netduma Router, Software or Documentation to any other person, except as stated in this Agreement and is subject to other restrictions on your use. These restrictions are set out below. In particular, you mayshould be aware of the restrictions on use of the Netduma Router, Software and Documentation set out in clause 4 below (Restrictions).
3.3 The licence granted by this Agreement allows you to:
2.2.1 install and 3.3.1 use the Software only on the Personal Computer (provided that the Personal Computer remains in your ownership including any Third Party Software it uses) and control), e.g. for the off-line analysis of flow cytometry data, and Documentation only for your internal business own non-commercial purposes on the Netduma Router with which it was supplied;
3.3.2 receive any Updates incorporating additional functionality and corrections of errors as may be provided by Netduma from time to time (together with any updated or those of your employer) (Permitted Useadditional Documentation); and
2.2.2 provided you comply with the provisions in condition 3, make a reasonable number of copies of the Software solely for backup purposes; and
2.2.3 3.3.3 use any Documentation in support of the Permitted Use and, provided you comply with the provisions in condition 3, you may use permitted under this clause 3.3 and make one copy of the Documentation as is if reasonably necessary for its proper and your own lawful use.
2.3 If 3.4 You acknowledge that we do not sell the licence granted under Software, Third Party Software or the Documentation to you. Ownership of the Software, Documentation and any Third Party Software remains with us or our licensors.
3.5 To the extent that Third Party Software is included in the Netduma Router and Software, you agree to comply with the terms which apply to this Licence is an Evaluation Licenceas set out on our Website xxx.xxxxxxx.xxx/xxxxxxxxxx.
3.6 Subject to the provisions of clause 4 (Restrictions), as stated by us in writing, or if no Licence Fee is payable by you:
2.3.1 you may install transfer your Netduma Router in its entirety (including all the Software, Third Party Software and Documentation) to another individual for non-commercial use provided that you give the person you are transferring it to a copy of this Agreement (and any earlier versions of it) and they comply with it. In such circumstances, you must not retain any copies of anything relating to the Netduma Router, the Software, Documentation, and any archival copy where applicable, and you agree that you will still keep all information about them which relates to our confidential information and intellectual property rights confidential.
3.7 If any such person to whom you are transferring your Netduma Router to does not accept the terms and conditions of this Agreement, then your right to use the Software only on the Personal Computer (provided that the Personal Computer remains granted to you by this Agreement shall automatically terminate and you do not retain any rights under this Agreement in your ownership and control), e.g. for the off-line analysis of flow cytometry data, and solely to evaluate the suitability respect of the Software for Licensee's business (Permitted Evaluation Use);transferred Netduma software. However your obligations under this Agreement in respect of intellectual property and confidential information of Netduma and its licensor shall survive any termination of this Agreement.
2.3.2 3.8 After termination as set out above, you must not make any copies of the Software or the Documentation;
2.3.3 the Licence may be terminated at any time by Licensor;
2.3.4 unless terminated earlier by us under condition 2.3.3, the Licence will automatically terminate on the expiry of 14 consecutive days from the date of installation (or such other period as we expressly agree in writing); and
2.3.5 you acknowledge that the Software provided for the Permitted Evaluation Use may not exhibit full functionality.
2.4 Any Licensee Data you enter into the during an Evaluation Licence will be permanently lost unless you purchase a Licence to use the Software, or export such data, before . Netduma at its discretion may retrieve the expiry or termination of Product and return the Evaluation Licence.
2.5 For the purposes of this licence, unless the context otherwise requires, “use” means accessing, downloading or loading Hardware to you with the Software into temporary memory or permanent storage on the Personal Computerremoved. Your rights automatically and immediately terminate without notice from Netduma if you fail to comply with any provision of these Terms and Conditions. No notice shall be required to effectuate such termination. Upon termination, provided that installation on a network server for distribution to other computers is not "use" if the Software is licensed under this Licence or any other valid licence for use on each computer to which the Software is distributed.
2.6 You are solely responsible for obtaining all equipment required for the use of the Software and you are responsible for ensuring the compatibility thereof with the Software, and for paying all fees, including all taxes and Internet access fees, necessary to access and use must immediately stop using the Software.
2.7 Your access 3.9 Any rights in or relating to and the Software, Third Party Software or Documentation not licensed or given to you in this Agreement are retained by Netduma or its licensors.
3.10 You agree that your use of the Software shall Netduma Router is and will at all times be enabled by the use of a Licence Key.
2.8 You acknowledge and accept that the Licence Key authorisation process may require the transmission of data regarding the Personal Computer to us and you consent to such transmission. If any personal data is transmitted as part of the Licence Key authorisation process, such personal data in accordance with our privacy policy, which can be found on our website [xxxxx://xxx.xxxxxxxxxxxxxxxx.xxx]all applicable laws and regulations.
2.9 The rights provided under this condition 2 are granted to the Licensee only, and shall not be considered granted to any subsidiary or holding company of the Licensee.
Appears in 1 contract
Samples: End User License Agreement (Eula)
GRANT AND SCOPE OF LICENCE. 2.1 1.1 In consideration of your payment return for:
1.1.1 you paying to us of or our Reseller the agreed subscription fee for a home licence (including where your subscription was purchased with a student discount or a family plan) (in which case this Licence Fee is a “Home Licence”), or a business licence (if applicable) in which case this Licence is a “Business Licence”), to install and use the Software for a specific period (“your Subscription Period”); and
1.1.2 you agreeing to abide by the terms of this Licence, the Terms of Service and the Privacy Policy, we hereby grant to you a non-exclusive, non-transferable, revocable transferable licence (without the right to grant sub-licences) to use the Software Software, Database Updates and the Documentation on the Personal Computer only during your Subscription Period on the terms of this Licence commencing on Licence, the Terms of Service and including the Acceptance DatePrivacy Policy.
2.2 Subject to condition 2.31.2 During your Subscription Period, you may:
2.2.1 1.2.1 if this is a Home Licence, install and use the Software only for your domestic and personal use (but not for business purposes) on the Personal Computer following number of computers:
(provided a) if your subscription was purchased with a student discount, on 1 (one) computer;
(b) if your subscription was purchased with a family plan, on up to 9 (nine) computers owned or leased by you or members of your family living together at the same home address; or
(c) in any other case, on up to 3 (three) computers that you own or lease personally.
1.2.2 if this is a Business Licence, install and use the Personal Computer remains in your ownership and control), e.g. for the off-line analysis of flow cytometry data, and only Software for your internal business purposes (or those of your employer) (Permitted Use); and
2.2.2 provided you comply with the provisions in condition 3within a single organisation on a single computer or, make a reasonable if applicable, on such greater number of copies computers specified in your order with us or our Reseller and listed in your registration details;
1.2.3 receive and use any update or upgrade of the Software solely for backup purposes; andprovided by us from time to time
2.2.3 1.2.4 use any the Documentation in support of the Permitted Use use permitted under this paragraph 1.2; and, provided you comply with
1.2.5 download updates to the provisions in condition 3, you may make one copy of malware database used by the Documentation as is reasonably necessary for its proper and lawful useSoftware (“Database Updates”).
2.3 1.3 If you have downloaded the licence granted under this Licence is an Evaluation LicenceSoftware on a trial basis, as stated by us in writing, or if no Licence Fee is payable by you:
2.3.1 you may install and use the Software only on the Personal Computer (provided that the Personal Computer remains in your ownership and control), e.g. a single computer for the off-line analysis sole purpose of flow cytometry data, and solely to evaluate the suitability of evaluating the Software for Licensee's business (Permitted Evaluation Use);
2.3.2 you must not make any copies of the Software or the Documentation;
2.3.3 the Licence may be terminated at any time by Licensor;
2.3.4 unless terminated earlier by us under condition 2.3.3, the Licence will automatically terminate on the expiry of 14 consecutive 30 days from the date on which it is first run (in which case this Licence is a “Trial Licence”). The Software will expire at the end of installation (or such other that period as we expressly agree in writing); and
2.3.5 you acknowledge that and the Software provided for the Permitted Evaluation Use may not exhibit full functionality.
2.4 Any Licensee Data you enter into the during an Evaluation Trial Licence will be permanently lost unless you purchase automatically terminate. In the case of a Licence to use Trial Licence, we give no warranties in respect of the Software, Database Updates or export such data, before the expiry or termination of the Evaluation Licence.
2.5 For the purposes of this licence, unless the context otherwise requires, “use” means accessing, downloading or loading the Software into temporary memory or permanent storage on the Personal Computer, provided that installation on a network server for distribution to other computers is not "use" if the Software is licensed under this Licence or Documentation and any other valid licence for use on each computer to which the Software is distributed.
2.6 You statutory warranties are solely responsible for obtaining all equipment required for the use of the Software and you are responsible for ensuring the compatibility thereof with the Software, and for paying all fees, including all taxes and Internet access fees, necessary to access and use the Software.
2.7 Your access to and use of the Software shall be enabled by the use of a Licence Key.
2.8 You acknowledge and accept that the Licence Key authorisation process may require the transmission of data regarding the Personal Computer to us and you consent to such transmission. If any personal data is transmitted as part of the Licence Key authorisation process, such personal data in accordance with our privacy policy, which can be found on our website [xxxxx://xxx.xxxxxxxxxxxxxxxx.xxx].
2.9 The rights provided under this condition 2 are granted excluded to the Licensee only, and shall not be considered granted to any subsidiary or holding company of the Licenseefullest extent possible.
Appears in 1 contract
Samples: Software License Agreement
GRANT AND SCOPE OF LICENCE. 2.1. Other than where the Software is the Evaluation Edition, you acknowledge that the entering into of this Licence by Flexiant is conditional upon a valid Agreed Order Form in respect of the Software being entered into between us and you, or, where you have ordered the Software via a Registered Reseller, us and such Registered Reseller. Such Agreed Order Form sets out the Edition being licensed and certain details as regards the scope of the Licence. Where the Software is the Evaluation Edition, the scope is as set out in this Licence.
2.2. Where you have ordered the Software directly from Flexiant, subject to clause 2.1 In being fulfilled, in consideration of your the timely and complete payment to us by you of the Licence Fee (if applicable) Fees, Flexiant hereby grants to you a world-wide, non-exclusive, non-transferable, revocable licence to use the Software and the Documentation on the terms of this Licence for the Licence Term.
2.3. Where you have ordered the Software via a Registered Reseller, subject to the condition in clause 2.1 being fulfilled, in consideration of you agreeing to abide by the terms of this Licence, we Flexiant hereby grant grants to you a world-wide, non-exclusive, non-transferable, revocable licence (without the right to grant sub-licences) to use the Software and the Documentation on the Personal Computer only terms of this Licence for the Licence Term.
2.4. Where the Software is the Evaluation Edition, in consideration of you agreeing to abide by the terms of this Licence, Flexiant hereby grants to you a world-wide, non-exclusive, non- transferable, revocable licence to use the Software and the Documentation on the terms of this Licence commencing on and including for the Acceptance DateLicence Term.
2.2 Subject to condition 2.3, you 2.5. You may:
2.2.1 2.5.1. install and use the Software only on the Personal Computer (provided that the Personal Computer remains in your ownership and control)Software, e.g. for the off-line analysis of flow cytometry data, and only for your internal business purposes only, on Clusters not exceeding the Authorised Clusters and on Cores, on a monthly basis, not exceeding the Authorised Cores;
2.5.3. in respect of the Edition being licensed, receive and use any free supplementary software code or update of the Software, incorporating patches and corrections of errors as may be provided by Flexiant from time to time, where such supplementary software code or update shall, when provided, form part of the Software.
2.6. You permit us to inspect (both remotely and physically) and have continued access to any premises and to the computer equipment located there, at or those on which the Software is being kept or used and to any records kept pursuant to this Licence, for the purpose of your employer) (Permitted Use); and
2.2.2 provided ensuring that you comply are complying fully with the provisions in condition 3terms of this Licence, make a reasonable number of copies at such times as are agreed with you, such agreement and access not to be unreasonably withheld or delayed.
2.7. The downloadable image of the Software solely for backup purposes; and
2.2.3 use any Documentation in support includes Third Party Software, which are not comprised within the Software, including the Ubuntu Server distribution of the Permitted Use and, provided you comply with the provisions Linux operating system. All such Third Party Software is necessary in condition 3, you may make one copy of the Documentation as is reasonably necessary for its proper and lawful use.
2.3 If the licence granted under this Licence is an Evaluation Licence, as stated by us in writing, or if no Licence Fee is payable by you:
2.3.1 you may install and use the Software only on the Personal Computer (provided that the Personal Computer remains in your ownership and control), e.g. for the off-line analysis of flow cytometry data, and solely to evaluate the suitability of the Software for Licensee's business (Permitted Evaluation Use);
2.3.2 you must not make any copies of the Software or the Documentation;
2.3.3 the Licence may be terminated at any time by Licensor;
2.3.4 unless terminated earlier by us under condition 2.3.3, the Licence will automatically terminate on the expiry of 14 consecutive days from the date of installation (or such other period as we expressly agree in writing); and
2.3.5 you acknowledge that the Software provided for the Permitted Evaluation Use may not exhibit full functionality.
2.4 Any Licensee Data you enter into the during an Evaluation Licence will be permanently lost unless you purchase a Licence order to use the Software. Such Third Party Software is subject to the licence terms of its third party licensees, which include the GNU Public Licence (GPL). You may obtain the licence terms and source code for Ubuntu Server distribution from Ubuntu (at xxxx://xxx.xxxxxx.xxx/, or export such data, before by using the expiry or termination of the Evaluation Licence.
2.5 For the purposes of this licence, unless the context otherwise requires, “use” means accessing, downloading or loading the Software into temporary memory or permanent storage on the Personal Computer, ‘apt-get source’ utility). Source code for packages not provided that installation on a network server for distribution to other computers is not "use" if the Software is licensed under this Licence or any other valid licence for use on each computer to which the Software is distributed.
2.6 You are solely responsible for obtaining all equipment required for the use of the Software and you are responsible for ensuring the compatibility thereof with the Software, and for paying all fees, including all taxes and Internet access fees, necessary to access and use the Software.
2.7 Your access to and use of the Software shall be enabled by the use of a Licence Key.
2.8 You acknowledge and accept that the Licence Key authorisation process may require the transmission of data regarding the Personal Computer to us and you consent to such transmission. If any personal data is transmitted as part of the Licence Key authorisation process, such personal data in accordance with our privacy policy, which Ubuntu can be found on installed by installing the package ‘extility-gpl-source’. Further information, please see our website [xxxxx://xxx.xxxxxxxxxxxxxxxx.xxx]web site at xxxx://xxx.xxxxxxxx.xxx/ and follow the link to ‘Open Source’ from the support page.
2.9 The rights provided under this condition 2 are granted to the Licensee only, and shall not be considered granted to any subsidiary or holding company of the Licensee.
Appears in 1 contract
Samples: End User License Agreement
GRANT AND SCOPE OF LICENCE. 2.1 In consideration of your payment to us of the Licence Fee (if applicable) and you agreeing to abide by the terms of this Licence, we hereby grant to you a non-exclusive, non-transferable, revocable licence (without the right to grant sub-licences) to use the Software and the Documentation on the Personal Computer only on the terms of this Licence commencing on and including the Acceptance Date.
2.2 Subject to condition 2.3, you may:
2.2.1 install and use the Software only on the Personal Computer (provided that the Personal Computer remains in your ownership and control), e.g. for the off-line analysis of flow cytometry data, and only for your internal business purposes (or those of your employer) (Permitted Use); and
2.2.2 provided you comply with the provisions in condition 3, make a reasonable number of copies of the Software solely for backup purposes; and
2.2.3 use any Documentation in support of the Permitted Use and, provided you comply with the provisions in condition 3, you may make one copy of the Documentation as is reasonably necessary for its proper and lawful use.
2.3 If the licence granted under this Licence is an Evaluation Licence, as stated by us in writing, or if no Licence Fee is payable by you:you:
2.3.1 you may install and use the Software only on the Personal Computer (provided that the Personal Computer remains in your ownership and control), e.g. for the off-line analysis of flow cytometry data, and solely to evaluate the suitability of the Software for Licensee's business (Permitted Evaluation Use);
2.3.2 you must not make any copies of the Software or the Documentation;
2.3.3 the Licence may be terminated at any time by Licensor;Licensor;
2.3.4 unless terminated earlier by us under condition 2.3.3, the Licence will automatically terminate on the expiry of 14 consecutive days from the date of installation (or such other period as we expressly agree in writing); and
2.3.5 you acknowledge that the Software provided for the Permitted Evaluation Use may not exhibit full functionality.
2.4 Any Licensee Data you enter into the during an Evaluation Licence will be permanently lost unless you purchase a Licence to use the Software, or export such data, before the expiry or termination of the Evaluation Licence.
2.5 For the purposes of this licence, unless the context otherwise requires, “use” means accessing, downloading or loading the Software into temporary memory or permanent storage on the Personal Computer, provided that installation on a network server for distribution to other computers is not "use" if the Software is licensed under this Licence or any other valid licence for use on each computer to which the Software is distributed.
2.6 You are solely responsible for obtaining all equipment required for the use of the Software and you are responsible for ensuring the compatibility thereof with the Software, and for paying all fees, including all taxes and Internet access fees, necessary to access and use the Software.
2.7 Your access to and use of the Software shall be enabled by the use of a Licence Key.
2.8 You acknowledge and accept that the Licence Key authorisation process may require the transmission of data regarding the Personal Computer to us and you consent to such transmission. If any personal data is transmitted as part of the Licence Key authorisation process, such personal data in accordance with our privacy policy, which can be found on our website [xxxxx://xxx.xxxxxxxxxxxxxxxx.xxx].
2.9 The rights provided under this condition 2 are granted to the Licensee only, and shall not be considered granted to any subsidiary or holding company of the Licensee.
Appears in 1 contract
Samples: Licence Agreement
