Hosted Products Sample Clauses

Hosted Products. Licensor warrants that the online hosted Products will perform substantially in accordance with the descriptions and specifications applicable to such Product for the Subscription Period (as defined in the Order Form) of the relevant Product license (the “Hosted Product Warranty Period”) under normal use. Notwithstanding anything to the contrary, Licensor makes no representation or warranty with respect to any third party software, and undertakes no obligations with respect to any third party software. Licensor’s sole liability and Licensee’s sole remedy for breach of the foregoing Product warranty during the Hosted Product Warranty Period will be, at Licensor’s option, the repair or replacement of the Product, or a refund of the prepaid subscription fees received by Licensor from Licensee for the unused portion of the Product subscription licenses under the applicable Order Form(s) from the date written notice of deficiency was received from the Licensee by Licensor.
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Hosted Products. Schedule L attached hereto sets forth those derivatives products of each Hosted Exchange which LIFFE and the CBOT have agreed may be listed on and traded via the CBOT Electronic Exchange (collectively, the “Hosted Products”). Any and all additions to Schedule L as the CBOT may propose shall (a) be addressed via the Change Control Procedures, (b) consist only of Products Within CBOT Non-Exclusive Field of Use, and (c) until such time as the Xxxxxx/eSpeed Patent can no longer be infringed, fall within the relevant categories of products specified in the eSpeed Covenants.
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Hosted Products. Each Hosting Agreement shall (a) specify in a schedule to the Hosting Agreement the Hosted Products in respect of the relevant Hosted Exchange, and (b) provide that the CBOT will deliver Hosting Services to the Hosted Exchange only in respect of the Hosted Products set forth in the Hosting Agreement as of the effective date of such Hosting Agreement unless the CBOT has agreed in writing to the delivery of Hosting Services in regard to any additional products.
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Hosted Products. 4.1 Customer must obtain and pay for internet access and other communications required for the Hosted Product. Licensor is not responsible for delays or errors caused by such communications. 4.2 Licensor may make changes or updates to the Hosted Product at any time and may suspend the Hosted Product if there is a significant threat to its availability, security, confidentiality, and/or integrity. 4.3 Customer grants Licensor a non-exclusive licence to host its content (‘Customer Content’) for the provision of the Hosted Product. Customer Content must not: (a) be unlawful; (b) infringe IPR; (c) be deceptive, defamatory, discriminatory, harassing, sexually explicit, or cause offence or annoyance; or (d) contain malicious software. While Licensor does not control and is not responsible for monitoring Customer Content, it may delete non-compliant Customer Content without notice. Customer shall indemnify and hold Licensor harmless from and against fines, losses, damages, claims, and actions relating to Customer Content.
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Hosted Products. If You purchase Ariba hosting services for a Software license, any customization of the hosted system beyond standard configuration and implementation steps ("Customizations") must be approved in advance in writing by both parties. Ariba is not responsible for the impact on Customizations resulting from application of updates and patches to the hosted system. Management of Customizations by Ariba during upgrade and update processes may be available for additional fees.
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Hosted Products. Subject to its obligation to order and pay for the appropriate number of Licenses in a timely fashion as set forth in Section 3.a., Company may, during the Term, make and use copies of, and provide access to, the Hosted Products strictly in accordance with the license grants, terms, conditions, limitations and restrictions contained in the applicable ASLA in effect from time to time. Microsoft shall make the then current ASLA available to Company by publication on the World Wide Web at a site identified by Microsoft to Company or made available to Company by some other reasonable means prior to the placement of any orders. Microsoft may amend the ASLA upon thirty (30) days prior written notice; provided, however, no such changes will retroactively alter the terms under which Company may use a copy of a Hosted Product previously licensed to Company. Notice of changes to the ASLA may be provided to Company via e-mail or other reasonable means determined by Microsoft. If the requirements of the preceding sentences have been complied with, the revised ASLA shall take the place of the existing version as of the effective date identified in the notice, and each copy of a Hosted Product made on or after that date shall be subject to terms thereof, as amended. By signing this Agreement, Company acknowledges that it and its Affiliates have access to the World Wide Web.
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Related to Hosted Products

  • Licensed Products Lessee will obtain no title to Licensed Products which will at all times remain the property of the owner of the Licensed Products. A license from the owner may be required and it is Lessee's responsibility to obtain any required license before the use of the Licensed Products. Lessee agrees to treat the Licensed Products as confidential information of the owner, to observe all copyright restrictions, and not to reproduce or sell the Licensed Products.

  • Software Products Save as otherwise set forth in the Agreement, the right to use any Software Product is personal to the Licensee, for its own internal use, and is non-transferable, except with the Licensor’s prior written consent, in which case the Licensee shall cause the assignee or sub-licensee to agree to the terms of this Software License.

  • Combination Products If a LICENSED PRODUCT is sold to any third party in combination with other products, devices, components or materials that are capable of being sold separately and are not subject to royalties hereunder (“OTHER PRODUCTS,” with the combination of products being referred to as “COMBINATION PRODUCTS” and the Other Product and Licensed Product in such Combination Product being referred to as the “COMPONENTS”), the NET SALES of such LICENSED PRODUCT included in such COMBINATION PRODUCT shall be calculated by multiplying the NET SALES of the COMBINATION PRODUCT by the fraction A/(A+B), where A is the average NET SALES price of such LICENSED PRODUCT in the relevant country, as sold separately, and B is the total average NET SALES price of all OTHER PRODUCTS in the COMBINATION PRODUCT in the relevant country, as sold separately. If, in any country, any COMPONENT is not sold separately, NET SALES for royalty determination shall be determined by the formula [C / (C+D)], where C is the aggregate average fully absorbed cost of the Licensed Product components during the prior Royalty Period and D is the aggregate average fully absorbed cost of the other essential functional components during the prior Royalty Period, with such costs being determined in accordance with generally accepted accounting principles. To the extent that any SUBLICENSE INCOME relates to a COMBINATION PRODUCT or is otherwise calculated based on the value of one or more licenses or intellectual property rights held by the COMPANY, an AFFILIATE or SUBLICENSEE, COMPANY shall determine in good faith and report to THE PARTIES the share of such payments reasonably attributable to COMPANY’s or such AFFILIATE’s sublicense of the rights granted hereunder, based upon their relative importance and proprietary protection, which portion shall be the SUBLICENSE INCOME. THE PARTIES shall have the right to dispute such sharing determination in accordance with the dispute provisions of the AGREEMENT.

  • New Products You agree to comply with NASD Notice to Members 5-26 recommending best practices for reviewing new products.

  • Recycled Products The Contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. References: 42 U.S.C. 6962, 40 CFR Part 247, Executive Order 12873 (More than $10,000)

  • SOURCE CODE ESCROW FOR LICENSED PRODUCT If Source Code or Source Code escrow is offered by either Contractor or Product manufacturer or developer to any other commercial customers, Contractor shall either: (i) provide Licensee with the Source Code for the Product; or (ii) place the Source Code in a third party escrow arrangement with a designated escrow agent who shall be named and identified to the State, and who shall be directed to release the deposited Source Code in accordance with a standard escrow agreement acceptable to the State; or (iii) will certify to the State that the Product manufacturer/developer has named the State, acting by and through the Authorized User, and the Licensee, as a named beneficiary of an established escrow arrangement with its designated escrow agent who shall be named and identified to the State and Licensee, and who shall be directed to release the deposited Source Code in accordance with the terms of escrow. Source Code, as well as any corrections or enhancements to such source code, shall be updated for each new release of the Product in the same manner as provided above and such updating of escrow shall be certified to the State in writing. Contractor shall identify the escrow agent upon commencement of the Contract term and shall certify annually that the escrow remains in effect in compliance with the terms of this clause. The State may release the Source Code to Licensees under this Contract who have licensed Product or obtained services, who may use such copy of the Source Code to maintain the Product.

  • Recipient Products Updated Project Schedule (if applicable) • Updated List of Match Funds (if applicable) • Updated List of Permits (if applicable) • Kick-off Meeting Agenda

  • Manufacture of Products All Products marketed through Grantor's Web ------------------------- Site shall be manufactured, packaged, prepared, and shipped in accordance with the specifications and requirements described on Exhibit A hereto as it may be modified from time to time. Quality control standards relating to the Product's weight, color, consistency, micro-biological content, labeling and packaging are also set forth on Exhibit A. In the event that Exhibit A is incomplete, Products shall be manufactured and shipped in accordance with industry standards.

  • Licensed Product The term “Licensed Product” shall mean any product (a) the manufacture, use, importation, sale or offer for sale of which would, in the absence of the license granted by this Agreement, infringe a Valid Claim of any of the Licensed Patent Rights, or (b) that is comprised of, utilizes or incorporates Licensed Biological Materials, or (c) that is discovered, developed or made using a Licensed Process.

  • Other Products and Services As our customer, you have access to a suite of financial products and services availed by ourselves, our affiliates and strategic partners designed to help you address and achieve your financial needs and goals. You agree that you can obtain information about such Products and Services via our website xxx.xxxxxxxx.xxx.xx and you further agree that we can from time to time communicate information in relation to such Products or Services to you specifically or generally to all cardmembers via such communication mode as we consider appropriate.

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