Grant of License and Restrictions. Subject to the terms hereof, payment of any Fees (as defined in Section 2), and any applicable user/use limitations specified in this Agreement, Teradici grants Licensee a personal, limited, revocable (in accordance herewith), non-sub-licensable, non-transferable, nonexclusive, right to use a Licensed Product in object code form either (in accordance with Licensee’s ordering documentation): (i) only during a limited time period (usually one or three years) ; or (ii) on a perpetual basis, and only in accordance with Teradici’s applicable user documentation. For these purposes, “Licensed Product” shall include software (including firmware that may be loaded on, embedded in or otherwise included with a product purchased by Licensee), any updates to the foregoing and all Teradici and/or third-party proprietary documentation, including any installation documents, provided by Teradici to Licensee. The license under this Section 1 shall not survive expiration or termination of this Agreement. Licensee may possess only the number of copies of the Licensed Product as has been expressly authorized by Teradici, and, unless expressly licensed for Concurrent Use (as such term is defined below), the Licensed Product may only be used by the number of users/instances/machines licensed. Teradici retains ownership of the Licensed Product and all copies (including all intellectual property rights therein) and Licensee shall maintain the copyright notice and any other notices that appear on the Licensed Product on any copies and any media (Third Party Software is owned by its respective owners). For purposes of this Agreement, the term "Concurrent Use" means Licensee may use a Licensed Product based on the number of users who can use the Licensed Product at any one time when the Licensed Product is either installed (i) on a computer file server and initiated by an individual from another computer on the same internal network as the computer file server; or (ii) on an individual’s computer, but only made available for use when such individual’s computer is granted permission by a computer file server over an internal network. The total number of users who can use the Licensed Product at any one time may not exceed the total number of Concurrent Use licenses granted by Teradici for such Licensed Product. With respect to software, the limited use license above permits Licensee to use the Licensed Product on or in connection with any embedded client device whose primary function is to deliver desktops and applications via remote display protocols (e.g., “thin” clients), but only in the event Licensee is current in payment of a Teradici Thin Client Access license subscription directly from Teradici or from an authorized Teradici OEM partner.
Appears in 2 contracts
Samples: Teradici End User License Agreement, Teradici End User License Agreement
Grant of License and Restrictions. Subject to the terms hereof, payment of any Fees (as defined in Section 2), and any applicable user/use limitations specified in this Agreement, Teradici grants Licensee a personal, limited, revocable (in accordance herewith), non-sub-licensable, non-transferable, nonexclusive, right to use a Licensed Product in object code form either (in accordance with Licensee’s ordering documentation): (i) only during a limited time period (usually one or three years) ); or (ii) on a perpetual basis, and only in accordance with Teradici’s applicable user documentation. For these purposes, “Licensed Product” shall include software (including firmware that may be loaded on, embedded in or otherwise included with a product purchased by Licensee), any updates to the foregoing and all Teradici and/or third-party proprietary documentation, including any installation documents, provided by Teradici to Licensee. The license under this Section 1 shall not survive expiration or termination of this Agreement. Licensee may possess only the number of copies of the Licensed Product as has been expressly authorized by Teradici, and, unless expressly licensed for Concurrent Use (as such term is defined below), the Licensed Product may only be used by the number of users/instances/machines licensed. Teradici retains ownership of the Licensed Product and all copies (including all intellectual property rights therein) and Licensee shall maintain the copyright notice and any other notices that appear on the Licensed Product on any copies and any media (Third Party Software is owned by its respective owners). For purposes of this Agreement, the term "Concurrent Use" means Licensee may use a Licensed Product based on the number of users who can use the Licensed Product at any one time when the Licensed Product is either installed (i) on a computer file server and initiated by an individual from another computer on the same internal network as the computer file server; or (ii) on an individual’s computer, but only made available for use when such individual’s computer is granted permission by a computer file server over an internal network. The total number of users who can use the Licensed Product at any one time may not exceed the total number of Concurrent Use licenses granted by Teradici for such Licensed Product. With respect Licensee shall not (and shall not allow any third party to): (a) copy or distribute any Licensed Product, including within Licensee’s organization; (b) reverse engineer, adapt, translate, decompile, disassemble or attempt to software, discover any source code or underlying ideas or algorithms of the limited use Licensed Product (except to the extent that applicable law or any applicable Third Party Software license above permits Licensee to prohibits reverse engineering restrictions); (c) use the Licensed Product (i) on any host device not running on an operating system and/or hardware expressly authorized by Teradici; or in connection (ii) to connect to or interoperate with any embedded client device whose primary function is to deliver desktops and applications via remote display protocols (e.g., “thin” clients), but only in the event Licensee is current in payment of Feb 2022 Teradici Co. offering not provided by or authorized by Teradici or a Teradici Thin Client Access license subscription directly from Teradici agent; (d) provide, lease, lend, disclose, use for timesharing or from an service bureau purposes, or otherwise use or allow others to use for the benefit of any third party, the Licensed Product (except as expressly and specifically authorized Teradici OEM partner.in writing by Teradici); (e) possess or use any Licensed Product, or allow the transfer, transmission, export, or re-export of the Licensed Product or portion thereof in violation of any export control laws or regulations administered by the U.S. Commerce Department, U.S. Treasury Department's Office of Foreign Assets Control, or any other government agency, and Licensee represents and warrants that it is not located in a country that is subject to a U.S. Government embargo, or that is listed on Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations and is not listed on any U.S. Government list of prohibited or restricted parties; (f) disclose to any third party any benchmarking or comparative study involving the Licensed Product; (g) use the Licensed Product to transmit infringing, libelous, or otherwise unlawful or tortious material, or to transmit material in violation of third party privacy rights; (h) interfere with or disrupt the integrity or performance of the Licensed Product or third party data contained therein;
Appears in 2 contracts
Samples: Teradici End User License Agreement, Teradici End User License Agreement
Grant of License and Restrictions. Subject to the terms hereof, payment of any Fees (as defined in Section 2), and any applicable user/use limitations specified in this Agreement, Teradici grants Licensee a personal, limited, revocable (in accordance herewith), non-sub-licensable, non-transferable, nonexclusive, right to use a Licensed Product in object code form either (in accordance with Licensee’s ordering documentation): (i) only during a limited time period (usually one or three years) ; or (ii) on a perpetual basis, and only in accordance with Teradici’s applicable user documentation. For these purposes, “Licensed Product” shall include software (including firmware that may be loaded on, embedded in or otherwise included with a product purchased by Licensee), any updates to the foregoing and all Teradici and/or third-party proprietary documentation, including any installation documents, provided by Teradici to Licensee. The license under this Section 1 shall not survive expiration or termination of this Agreement. Licensee may possess only the number of copies of the Licensed Product as has been expressly authorized by Teradici, and, unless expressly licensed for Concurrent Use (as such term is defined below), the Licensed Product may only be used by the number of users/instances/machines licensed. Teradici retains ownership of the Licensed Product and all copies (including all intellectual property rights therein) and Licensee shall maintain shallmaintain the copyright notice and any other notices that appear on the Licensed Product on any copies and any media (Third Party Software is owned by its respective owners). For purposes of this Agreement, the term "Concurrent Use" means Licensee may use a Licensed Product based on the number of users who can use the Licensed Product at any one time when the Licensed Product is either installed (i) on a computer file server and initiated by an individual from another computer on the same internal network as the computer file server; or (ii) on an individual’s computer, but only made available for use when such individual’s computer is granted permission by a computer file server over an internal network. The total number of users who can use the Licensed Product at any one time may not exceed the total number of Concurrent Use licenses granted by Teradici for such Licensed Product. With respect to software, the limited use license above permits Licensee to use the Licensed Product on or in connection with any embedded client device whose primary function is to deliver desktops and applications via remote display protocols (e.g., “thin” clients), but only in the event Licensee is current in payment of a Teradici Thin Client Access license subscription directly from Teradici or from an authorized Teradici OEM partner. Licensee shall not (and shall not allow any third party to): (a) reverse engineer, adapt, translate, decompile, disassemble or attempt to discover any source code or underlying ideas or algorithms of the Licensed Product (except to the extent that applicable law or any applicable Third Party Software license prohibits reverse engineering restrictions); (b) use the Licensed Product (i) on any host device not running on an operating system and/or hardware expressly authorized by Teradici; or (ii) to connect to or interoperate with any offering not provided by or authorized by Teradici or a Teradici agent; (c) provide, lease, lend, disclose, use for timesharing or service bureau purposes, or otherwise use or allow others to use for the benefit of any third party, the Licensed Product (except as expressly and specifically authorized in writing by Teradici); (d) possess or use any Licensed Product, or allow the transfer, transmission, export, or re-export of the Licensed Product or portion thereof in violation of any export control laws or regulations administered by the U.S. Commerce Department, U.S. Treasury Department's Office of Foreign Assets Control, or any other government agency, and Licensee represents and warrants that it is not located in a country that is subject to a U.S. Government embargo, or that is listed on Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations and is not listed on any U.S. Government list of prohibited or restricted parties; (e) disclose to any third party any benchmarking or comparative study involving the Licensed Product; (f) use the Licensed Product to transmit infringing, libelous, or otherwise unlawful or tortious material, or to transmit material in violation of third party privacy rights; (g) interfere with or disrupt the integrity or performance of the Licensed Product or third party data contained therein; (h) attempt to gain unauthorized access to the Licensed Product or its related systems or networks; or (i) modify or create derivative works from the Licensed Product. Without in any way limiting the foregoing, any and all modifications or derivatives of the Licensed Product made by any person shall be owned by Teradici and Licensee hereby irrevocably assigns, transfers and conveys any modifications or derivatives thereof (including all intellectual property rights therein) to Teradici. Prior to disposing of any media or apparatus containing any part of the Licensed Product, Licensee shal completely destroy such part of the Licensed Product contained therein. Further, any Licensed Product specifically licensed for evaluation purposes, without charge or for a nominal charge, shall be deemed a free evaluation license and may be used for purposes of evaluation for a paid license only, and not for any productive use. Licensee acknowledges that the Licensed Product may be distributed alongside or contain or use certain third party software (“Third Party Software”). THIRD PARTY SOFTWARE IS (IN ADDITION TO THE TERMS AND CONDITIONS OF THIS AGREEMENT), SUBJECT TO AND GOVERNED BY (AND LICENSEE AGREES TO, AND SHALL INDEMNIFY TERADICI FOR NONCOMPLIANCE WITH) THE RESPECTIVE LICENSES FOR THE THIRD PARTY SOFTWARE AVAILABLE AT xxxxx://xxx.xxxxxxxx.xxx/third-party-licenses. To the extent the terms of the third party software require an offer to provide source code or related information, such offer is hereby made. Any request for source code or related information should be directed only to: xxxxx@xxxxxxxx.xxx. Use of Licensed Products provided as a service and accessed on Teradici systems is subject to the Teradici Privacy Statement available at xxxxx://xxx.xxxxxxxx.xxx/privacy-policy/cas-manager (the “Privacy Policy”), which is incorporated into and made a part of this Agreement. The Privacy Policy explains how we collect, use, protect and disclose your information, and provides you with options as to our use and disclosure of your information. By using these Licensed Products you agree to our use of your data in accordance with the Privacy Policy. THE LICENSED PRODUCT IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE WHERE THE FAILURE OF THE LICENSED PRODUCT COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SIGNIFICANT PHYSICAL OR ENVIRONMENTAL DAMAGE (“HIGH RISK ACTIVITIES”). USE OF THE LICENSED PRODUCT IN HIGH RISK ACTIVITIES IS NOT AUTHORIZED AND LICENSEE SHALL DEFEND AND INDEMNIFY TERADICI AND ITS AFFILIATES FOR ANY THIRD PARTY CLAIMS BASED UPON LICENSEE’S USE OF LICENSED PRODUCT IN HIGH RISK ACTIVITIES.
Appears in 1 contract
Samples: Teradici End User License Agreement
Grant of License and Restrictions. Subject to the terms hereof, payment of any Fees (as defined in Section 2), and any applicable user/use limitations specified in this Agreement, Teradici grants Licensee a personal, limited, revocable (in accordance herewith), non-sub-licensable, non-transferable, nonexclusive, right to use a Licensed Product in object code form either (in accordance with Licensee’s ordering documentation): (i) only during a limited time period (usually one or three years) ; or (ii) on a perpetual basis, and only in accordance with Teradici’s applicable user documentation. For these purposes, “Licensed Product” shall include software (including firmware that may be loaded on, embedded in or otherwise included with a product purchased by Licensee), any updates to the foregoing and all Teradici and/or third-party proprietary documentation, including any installation documents, provided by Teradici to Licensee. The license under this Section 1 shall not survive expiration or termination of this Agreement. Licensee may possess only the number of copies of the Licensed Product as has been expressly authorized by Teradici, and, unless expressly licensed for Concurrent Use (as such term is defined below), the Licensed Product may only be used by the number of users/instances/machines licensed. Teradici retains ownership of the Licensed Product and all copies (including all intellectual property rights therein) and Licensee shall maintain the copyright notice and any other notices that appear on the Licensed Product on any copies and any media (Third Party Software is owned by its respective owners). For purposes of this Agreement, the term "Concurrent Use" means Licensee may use a Licensed Product based on the number of users who can use the Licensed Product at any one time when the Licensed Product is either installed (i) on a computer file server and initiated by an individual from another computer on the same internal network as the computer file server; or (ii) on an individual’s computer, but only made available for use when such individual’s computer is granted permission by a computer file server over an internal network. The total number of users who can use the Licensed Product at any one time may not exceed the total number of Concurrent Use licenses granted by Teradici for such Licensed Product. With respect to software, the limited use license above permits Licensee to use the Licensed Product on or in connection with any embedded client device whose primary function is to deliver desktops and applications via remote display protocols (e.g., “thin” and “zero” clients), but only as follows: (i) in the event Licensee is current in payment of a Teradici Desktop Access subscription; (ii) in the event Licensee is current in payment of a Teradici Cloud Access subscription; or (iii) in the event Licensee is current in payment of a Teradici Thin Client Access license subscription directly from Teradici or from an authorized Teradici OEM partner.
Appears in 1 contract
Samples: Teradici End User License Agreement
Grant of License and Restrictions. Subject to the terms hereof, payment of any License Fees (as defined in Section 2), and any applicable user/use limitations specified in this Agreement, Teradici grants Licensee a personal, limited, revocable (in accordance herewith), non-sub-licensable, non-transferable, nonexclusive, right to use a Licensed Product in object code form either (in accordance with Licensee’s ordering documentation): (i) only during a limited time period the Term (usually one or three years) ; or (ii) on a perpetual basisas defined in Section 3), and only in accordance with Teradici’s applicable user documentation. For these purposes, “Licensed Product” shall include software (including firmware that may be loaded on, embedded in or otherwise included with a product purchased by Licensee), any updates to the foregoing and all Teradici and/or third-party proprietary documentation, including any installation documents, provided by Teradici to Licensee. The license under this Section 1 shall not survive expiration or termination of this Agreement. Licensee may possess only the number of copies of the Licensed Product as has been expressly authorized by Teradici, and, unless expressly licensed for Concurrent Use (as such term is defined below), the Licensed Product may only be used by the number of users/instances/machines licensed. Teradici retains ownership of the Licensed Product and all copies (including all intellectual property rights therein) and Licensee shall maintain the copyright notice and any other notices that appear on the Licensed Product on any copies and any media (Third Party Software is owned by its respective owners)media. For purposes of this Agreement, the term "Concurrent Use" means Licensee may use a Licensed Product based on the number of users who can use the Licensed Product at any one time when the Licensed Product is either installed (i) on a computer file server and initiated by an individual from another computer on the same internal network as the computer file server; or (ii) on an individual’s computer, but only made available for use when such individual’s computer is granted permission by a computer file server over an internal network. The total number of users who can use the Licensed Product at any one time may not exceed the total number of Concurrent Use licenses granted by Teradici for such Licensed Product. With respect to software, the limited use license above permits Licensee to use the Licensed Product on or in connection with any embedded client device whose primary function is to deliver desktops and applications via remote display protocols (e.g., “thin” and “zero” clients), but only as follows: (i) in the event Licensee is current in payment of a Teradici Desktop Access subscription; (ii) in the event Licensee is current in payment of a Teradici Cloud Access subscription; or (iii) in the event Licensee is current in payment of a Teradici Thin Client Access license subscription directly from Teradici or from an authorized Teradici OEM partner.
Appears in 1 contract
Samples: Teradici End User License Agreement
Grant of License and Restrictions. Subject to the terms hereof, payment of any Fees (as defined in Section 2), and any applicable user/use limitations specified in this Agreement, Teradici grants Licensee a personal, limited, revocable (in accordance herewith), non-sub-licensable, non-transferable, nonexclusive, right to use a Licensed Product in object code form either (in accordance with Licensee’s ordering documentation): (i) only during a limited time period (usually one or three years) ; or (ii) on a perpetual basis, and only in accordance with Teradici’s applicable user documentation. For these purposes, “Licensed Product” shall include software (including firmware that may be loaded on, embedded in or otherwise included with a product purchased by Licensee), any updates to the foregoing and all Teradici and/or third-party proprietary documentation, including any installation documents, provided by Teradici to Licensee. The license under this Section 1 shall not survive expiration or termination of this Agreement. Licensee may possess only the number of copies of the Licensed Product as has been expressly authorized by Teradici, and, unless expressly licensed for Concurrent Use (as such term is defined below), the Licensed Product may only be used by the number of users/instances/machines licensed. Teradici retains ownership of the Licensed Product and all copies (including all intellectual property rights therein) and Licensee shall maintain the copyright notice and any other notices that appear on the Licensed Product on any copies and any media (Third Party Software is owned by its respective owners). For purposes of this Agreement, the term "Concurrent Use" means Licensee may use a Licensed Product based on the number of users who can use the Licensed Product at any one time when the Licensed Product is either installed (i) on a computer file server and initiated by an individual from another computer on the same internal network as the computer file server; or (ii) on an individual’s computer, but only made available for use when such individual’s computer is granted permission by a computer file server over an internal network. The total number of users who can use the Licensed Product at any one time may not exceed the total number of Concurrent Use licenses granted by Teradici for such Licensed Product. With respect to software, the limited use license above permits Licensee to use the Licensed Product on or in connection with any embedded client device whose primary function is to deliver desktops and applications via remote display protocols (e.g., “thin” clients), but only in the event Licensee is current in payment of a Teradici Thin Client Access license subscription directly from Teradici or from an authorized Teradici OEM partner. Licensee shall not (and shall not allow any third party to): (a) reverse engineer, adapt, translate, decompile, disassemble or attempt to discover any source code or underlying ideas or algorithms of the Licensed Product (except to the extent that applicable law or any applicable Third Party Software license prohibits reverse engineering restrictions); (b) use the Licensed Product (i) on any host device not running on an operating system and/or hardware expressly authorized by Teradici; or (ii) to connect to or interoperate with any offering not provided by or authorized by Teradici or a Teradici agent; (c) provide, lease, lend, disclose, use for timesharing or service bureau purposes, or otherwise use or allow others to use for the benefit of any third party, the Licensed Product (except as expressly and specifically authorized in writing by Teradici); (d) possess or use any Licensed Product, or allow the transfer, transmission, export, or re-export of the Licensed Product or portion thereof in violation of any export control laws or regulations administered by the U.S. Commerce Department, U.S. Treasury Department's Office of Foreign Assets Control, or any other government agency, and Licensee represents and warrants that it is not located in a country that is subject to a U.S. Government embargo, or that is listed on Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations and is not listed on any U.S. Government list of prohibited or restricted parties; (e) disclose to any third party any benchmarking or comparative study involving the Licensed Product; (f) use the Licensed Product to transmit infringing, libelous, or otherwise unlawful or tortious material, or to transmit material in violation of third party privacy rights; (g) interfere with or disrupt the integrity or performance of the Licensed Product or third party data contained therein; (h) attempt to gain unauthorized access to the Licensed Product or its related systems or networks; or (i) modify or create derivative works from the Licensed Product. Without in any way limiting the foregoing, any and all modifications or derivatives of the Licensed Product made by any person shall be owned by Teradici and Licensee hereby irrevocably assigns, transfers and conveys any modifications or derivatives thereof (including all intellectual property rights therein) to Teradici. Prior to disposing of any media or apparatus containing any part of the Licensed Product, Licensee shall completely destroy such part of the Licensed Product contained therein. Further, any Licensed Product specifically licensed for evaluation purposes, without charge or for a nominal charge, shall be deemed a free evaluation license and may be used for purposes of evaluation for a paid license only, and not for any productive use. Licensee acknowledges that the Licensed Product may be distributed alongside or contain or use certain third party software (“Third Party Software”). THIRD PARTY SOFTWARE IS (IN ADDITION TO THE TERMS AND CONDITIONS OF THIS AGREEMENT), SUBJECT TO AND GOVERNED BY (AND LICENSEE AGREES TO, AND SHALL INDEMNIFY TERADICI FOR NONCOMPLIANCE WITH) THE RESPECTIVE LICENSES FOR THE THIRD PARTY SOFTWARE AVAILABLE AT xxxxx://xxx.xxxxxxxx.xxx/third-party-licenses. To the extent the terms of the third party software require an offer to provide source code or related information, such offer is hereby made. Any request for source code or related information should be directed only to: xxxxx@xxxxxxxx.xxx. Use of Licensed Products provided as a service and accessed on Teradici systems is subject to the Teradici Privacy Statement available at xxxxx://xxx.xxxxxxxx.xxx/privacy-policy/cloud-access-manager (the “Privacy Policy”), which is incorporated into and made a part of this Agreement. The Privacy Policy explains how we collect, use, protect and disclose your information, and provides you with options as to our use and disclosure of your information. By using these Licensed Products you agree to our use of your data in accordance with the Privacy Policy. THE LICENSED PRODUCT IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE WHERE THE FAILURE OF THE LICENSED PRODUCT COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SIGNIFICANT PHYSICAL OR ENVIRONMENTAL DAMAGE (“HIGH RISK ACTIVITIES”). USE OF THE LICENSED PRODUCT IN HIGH RISK ACTIVITIES IS NOT AUTHORIZED AND LICENSEE SHALL DEFEND AND INDEMNIFY TERADICI AND ITS AFFILIATES FOR ANY THIRD PARTY CLAIMS BASED UPON LICENSEE’S USE OF LICENSED PRODUCT IN HIGH RISK ACTIVITIES.
Appears in 1 contract
Samples: Teradici End User License Agreement
