LICENCE TO USE THE SOFTWARE. 3.1. In consideration of the initial and annual payments to the Company by Customer of the Licence Fees, the Company agrees to deliver the Software to Customer and hereby grants to Customer a non-exclusive Licence, as specified in Schedule 2.
LICENCE TO USE THE SOFTWARE. (a) The Company hereby grants to Purchaser a non-exclusive, non- transferable licence to use the Software in object code only solely on and with the Goods on which the Software is installed by the Company, solely at the Location, and solely for the purpose described in the software documentation. The licence granted under this Condition 24(a) shall be for the initial period set out in the Order Acceptance (“Initial Licence Period”). Upon expiry of the Initial Licence Period and each Renewal Licence Period, the licence granted under this Condition 24(a) shall continue for a subsequent Renewal Licence Period unless either party has given at least 60 days’ notice in writing to terminate the licence granted under this Condition 24(a), such notice to expire at the end of the Initial Licence Period or then current Renewal Licence Period (as applicable). If the Company does not receive the Software Licence Fee for the applicable Renewal Licence Period by the date of expiry of the Initial Licence Period or then current Renewal Licence Period (as applicable), the Company reserves the right, at its discretion, to terminate the licence granted under this Condition 24(a).Upon termination of the licence granted under this Condition24(a), the Company shall have the right, at its sole discretion, to deactivate the Purchaser’s access to and use of the Software.
(b) The Purchaser shall not install, or permit the installation of the Software on more than the permitted number of devices as specified in the Order Acceptance (“Permitted Number of Devices”), and shall not use, or permit the access or use of, the Software on or via more than the Permitted Number of Devices.
(c) Immediately upon termination of the licence to use the Software, the Purchaser shall return to the Company the Software and related documentation or if requested by the Company shall erase all copies of the Software in its possession or under its control, and shall certify in writing to the Company that it has done do. In addition, the Company shall have the right, at its sole discretion, to deactivate the Purchaser’s access to and use of the Software.
(d) Title to the Software shall at all times remain with Company.
(e) Purchaser agrees that the Software, all enhancements, related documentation, and derivative works are, and will remain, the sole property of the Company and includes valuable trade secrets. Purchaser agrees to treat the Software and related documentation as confidential and to not copy, r...
LICENCE TO USE THE SOFTWARE. 3.1 In consideration of the Company's obligation to pay the Period Service Fee in accordance with clauses 6.7 and 6.9, the Supplier grants to the Company and its group companies a non- exclusive licence for a term of one (1) year commencing on, and including, the Effective Date to use the Software for the Company’s internal business operations.
LICENCE TO USE THE SOFTWARE. The User may install and Use the Software within the computer environment of the User, including internal network deployments and/or several separate standalone deployments. The User may make copies of the Software, solely in machine readable form for back-up and archival purpose, provided that User reproduces on this copy all the proprietary notices which appear on, with or in the Software.
LICENCE TO USE THE SOFTWARE. (a) In consideration and incidental to your complying with the terms of the Rental Agreement, in accordance with this Agreement, we grant you a limited, non- exclusive, non-transferable licence to access, download and use the Software and Content in order to:
(i) allow access to the Software;
(ii) allow access to the Software by your staff; and
(iii) access the Content.
(b) The licence granted under clause 2(a):
(i) is granted for the duration of the term of the Rental Agreement;
(ii) is granted until such time as this Agreement is terminated;
(iii) does not include any right to sublicense the Software; and
(iv) is subject to your compliance with the terms of this Agreement.
(c) If you do not accept all of the terms of this Agreement you are not authorised to use the Software.
LICENCE TO USE THE SOFTWARE. (a) The Licensee is licensed to use the Software only on the Licensed System specified in this Agreement;
(b) The Licensee will not copy or permit the Software to be copied except for reasonable security and backup purposes;
(c) The Licensee may use the Software temporarily on an alternative system for the purposes of disaster recovery;
(d) The Licensee may transfer the Software to an alternative system or may relocate the Licensed System provided the written notice is given to the Licensor. Any transfer of software to the processor outside the Licensed System requires the prior written consent of the Licensor and may be subject to an additional licence fee;
(e) Should the Licensee wish to upgrade or change the Licensed System, notice must be given to the Licensor. The Licensor will, if he decides to supply the Software then issue an upgraded Software for the upgraded or changed Licensed System after receiving payment of an upgrade licence fee from the Licensee;
(f) Except where otherwise stated in this Agreement, the Licensee warrants that the Software and all copies will remain under its control and that it will take all reasonable precautions to safeguard the Software against unauthorised use. The Licensee agrees to indemnify the Licensor as a result of any breach by the Licensee of such conditions.
(g) If the Licensee sells, hires or otherwise disposes or part possession of the Licensed System, it will ensure that all copies of the Software have been previously deleted unless ot obtains the written consent of the Licensor not to delete the Software. In all cases the Licensor reserves the right to deal directly with the third party in receipt of the Licensed System without the consent of, or payment to, the Licensee including the collection of licence fees from the third party.
LICENCE TO USE THE SOFTWARE. (a) We grant you a limited, non-exclusive, non-transferable licence to access and use the Software and Content in order to:
(i) allow access to the Software;
(ii) allow access to the Software by your staff; and
(iii) access the Content.
(b) The licence granted under clause 2(a):
(i) is subject to your payment of the Fees to us;
(ii) is granted until such time as this Agreement is terminated;
(iii) does not include any right to sublicense the Software; and
(iv) is subject to your compliance with the terms of this Agreement.
(c) If you do not accept all of the terms of this Agreement you are not authorised to use the Software.
(d) You agree to pay interest of 10% per annum on all overdue amounts, including on any GST payable, in connection with any overdue payments, calculated daily from the due date until paid in full.
LICENCE TO USE THE SOFTWARE. 15.1 Under the Agreement, the Customer is granted a licence (“Software Licence”) to use the Software in object code only:
a) for the term indicated in the Agreement or, in the absence of such specification, for one year from the date on which the Software is delivered or on which access to the Software is first permitted (as applicable); and
b) for its own internal business purposes (including use by agents, contractors or suppliers, but solely to the extent such usage is to support the conduct of the internal business purposes of the Customer). The Software, Third Party Distributed Software or Third Party Required Software may contain source code including but restricted to example code or source code for open-source or other components. The right to use such source code is governed by the Software Licence.
15.2 The Software Licence does not permit the Customer to de-compile the object code or make any use of the source (human readable format) code. Except to the extent permitted under this Agreement or where such rights are granted at law and cannot be restricted, this Software Licence does not permit the Customer to rent, lease, license, transfer, loan, copy, modify, adapt, merge, translate, reverse engineer, disassemble or create derivative works from the Software nor shall the Software be used for the purpose of a hosted, leased, timesharing or rental service to other parties. The same restrictions apply to any Third Party Distributed Software and Third Party Required Software unless the licence terms relating to such components of the Software expressly permit such activities to be undertaken.
15.3 The Customer shall not copy or permit the Software to be copied in whole or in part except that one copy may be made as is required for the sole purpose of back-up security. All copies made shall include all copyright or proprietary notices.
15.4 The Software is licensed to the Customer on a "per named user" basis for a licence period specified in the Quotation (or if no period is specified, then for a period of one year). The Software will not be accessed from more terminals or by more named users than the Customer has paid for. Licensing for Software covers up to the total licensed number of named users using the Software for the applicable licence period. The Customer shall inform COMMERCE DECISIONS of those of its employees or bona fide consultants permitted to use the Software upon COMMERCE DECISIONS' request. The Customer shall not be entitled to any...
LICENCE TO USE THE SOFTWARE. 2.1 Subject to the restrictions contained in Clause 2.2, the Licensor hereby grants to the Licensee a perpetual, irrevocable (save as expressly provided herein), royalty-free licence to use the Software only to sub-license the Software to Newco on the terms set out in Schedule B hereto.
2.2 The Licensor agrees to be bound by and to comply with the terms of Clause 2 of the Newco Sublicense, as if it were named as Licensor therein.
2.3 The licence and exclusivity granted under this Agreement applies to the Initial Software Release and all subsequent Software Releases supplied under this Agreement, including any and all Upgrade Releases provided by Licensor to Licensee which are accepted by Licensee, which shall replace the relevant part(s) of the Software previously licensed.
2.4 The Licensor shall provide and license to the Licensee, who may sublicence the same to Newco, such know-how as the Licensee agrees with the Licensor shall be provided and licensed in order to install the Software, commence operation of the systems and implement any new Product. Each party shall bear all its costs and expenses in any such provision and licensing of know-how to it by the Licensor unless otherwise agreed in writing by the Parties.
2.5 The Licensor shall procure that WTT shall provide Newco with technical support or education services for the Software licensed in this Agreement to TLC, which is sublicensed to Newco, pursuant to the Support and Maintenance Agreement.
LICENCE TO USE THE SOFTWARE. 2.1 The Licensor hereby grants to the Licensee a perpetual, irrevocable (save as expressly provided herein), royalty bearing licence to use the TTG Software to provide services or to sub-licence the TTG Software, (only as expressly permitted under this Agreement) as follows:
2.1.1 to third parties in Europe (as defined in Schedule D attached hereto), with such licence to be exclusive in Europe;
2.1.2 to any entity which is at least 50% owned within the Hogg Robixxxx Xxxup and is controlled by a company in the Hogg Robixxxx Xxxup with the exception of Rider Canada, with such licence to be exclusive in respect of any such entity;
2.1.3 to a member of the BTI Group outside the Americas, with such licence to be exclusive in respect of any such entity.
2.2 For the avoidance of doubt, the exclusivity granted to the Licensee under clauses 2.1.2 and 2.1.3 above does not prevent the Licensor from sub-licensing the TTG Software or from providing services using the TTG Software in the geographic areas in which the entities referred to in clauses 2.1.2 and 2.1.3 are situated with the exception of Europe. The licence granted hereunder is subject to the terms and conditions of this Agreement, including its termination provisions. The royalty payable is specified under Clause 4 of this Agreement.
2.3 The Licensor hereby grants to the Licensee a perpetual, irrevocable (save as expressly provided herein), royalty bearing licence to use the OFS Software to provide OFS Corporate Services or to sub-licence the OFS Software, (only as expressly permitted under this Agreement) as follows:
2.3.1 to third parties in Europe (as defined in Schedule D attached hereto), with such licence to be exclusive in Europe;
2.3.2 to any entity which is at least 50% owned within the Hogg Robixxxx Xxxup and is controlled by a company in the Hogg Robixxxx Xxxup with the exception of Rider Canada, with such licence to be exclusive in respect of any such entity;
2.3.3 to a member of the BTI Group outside the Americas, with such licence to be exclusive in respect of any such entity.
2.4 For the avoidance of doubt, the exclusivity granted to the Licensee under clauses 2.3.2 and 2.3.3 above does not prevent the Licensor from sub-licensing the OFS Software or from providing services using the OFS Software in the geographic areas in which the entities referred to in clauses 2.3.2 and 2.3.3 are situated with the exception of Europe. The licence granted hereunder is subject to the terms and conditions of t...
