License and Delivery. a. Subject to Customer's compliance with the terms of this Agreement, including payment of fees, for any Software delivered to Customer, Licensor grants Customer a limited, non- transferable, non-sublicensable, non-exclusive license to install, run, and use the Number of Units of Software stated in an Order Form in accordance with the Documentation for the Term solely for Customer's internal business purposes. Maintenance, if purchased or provided, is delivered pursuant to the Order Form. b. Software does not include multiple Platforms if the Software product is licensed on a Platform specific basis as designated in the Software product name or listed in an Order Form or purchase order. c. Unless otherwise permitted under this Agreement and the Documentation, Customer shall not: i. make more copies of the Software than the specified Number of Units stated in an Order Form (except for a reasonable number of copies for archival purposes) or use any unlicensed versions of the Software; ii. use any Software that is not listed in an Order Form even if such unlicensed software is made available to Customer as part of Licensor's general delivery mechanisms; iii. provide access to the Software to anyone other than Authorized Users; iv. sublicense, distribute or pledge the Software or any of the rights herein; v. lease, rent or commercially share (including time-share) or use the Software for purposes of providing processing services, including, providing third-party hosting, application integration, application service provider-type services, or service bureau; vi. use or access any embedded or bundled component of Software on a stand-alone basis where such embedded or bundled component is provided to Customer for the sole purpose of enabling the functionality of such Software; vii. use Third Party Software except in conjunction with the Licensor Software and subject to the same use rights that it has to the Licensor Software. viii. use any third party software, including any open source software, in conjunction with any Software, unless Customer ensures that such use does not cause the Software to become subject to any third party license applicable to such third party software or require the public disclosure or distribution of any Software or the licensing of any Software for Materials or the purpose of making derivative works; and ix. modify, translate, reverse engineer, decrypt, decompile, disassemble, create derivative works based on, or otherwise attempt to discover the Software source code or underlying ideas, techniques or algorithms, provided, however, that Customer may engage in such conduct as is necessary to ensure the interoperability of the Software as required by law. Prior to commencing any de- compilation or reverse engineering, Customer will observe strict obligations of confidentiality and provide Licensor with reasonable advance written notice and the opportunity to assist with or conduct such activity on Customer's behalf and at Customer‘s expense. d. Licensor shall deliver the Software electronically and delivery is deemed complete when such Software is made available to Customer. e. ISV Customer and SaaS Customer specific terms are stated at: xxxxx://xxxxx.xxxxx.xxx/posts/1143002. f. Additional product specific terms are stated at xxxxx://xxxxx.xxxxx.xxx/posts/860094- additional-licensor-product-specific-terms. g. Should the Order Form include the Foresight Software the terms stated at xxxxx://xxxxx.xxxxx.xxx/posts/1452906-supplemental-terms-tibco-foresight apply.
Appears in 50 contracts
Samples: End User License Agreement, End User License Agreement, End User License Agreement
License and Delivery. a. Subject to Customer's compliance with the terms of this Agreement, including payment of fees, for any Software delivered to Customer, Licensor grants Customer a limited, non- transferable, non-sublicensable, non-exclusive license to install, run, and use the Number of Units of Software stated in an Order Form in accordance with the Documentation for the Term solely for Customer's internal business purposes. Maintenance, if purchased or provided, is delivered pursuant to the Order Form.
b. Software does not include multiple Platforms if the Software product is licensed on a Platform specific basis as designated in the Software product name or listed in an Order Form or purchase order.
c. Unless otherwise permitted under this Agreement and the Documentation, Customer shall not:
i. make more copies of the Software than the specified Number of Units stated in an Order Form (except for a reasonable number of copies for archival purposes) or use any unlicensed versions of the Software;
ii. use any Software that is not listed in an Order Form even if such unlicensed software is made available to Customer as part of Licensor's general delivery mechanisms;
iii. provide access to the Software to anyone other than Authorized Users;
iv. sublicense, distribute or pledge the Software or any of the rights herein;
v. lease, rent or commercially share (including time-share) or use the Software for purposes of providing processing services, including, providing third-party hosting, application integration, application service provider-type services, or service bureau;
vi. use or access any embedded or bundled component of Software on a stand-alone basis where such embedded or bundled component is provided to Customer for the sole purpose of enabling the functionality of such Software;
vii. use Third Party Software except in conjunction with the Licensor Software and subject to the same use rights that it has to the Licensor Software.
viii. use any third party software, including any open source software, in conjunction with any Software, unless Customer ensures that such use does not cause the Software to become subject to any third party license applicable to such third party software or require the public disclosure or distribution of any Software or the licensing of any Software for Materials or the purpose of making derivative works; and
ix. modify, translate, reverse engineer, decrypt, decompile, disassemble, create derivative works based on, or otherwise attempt to discover the Software source code or underlying ideas, techniques or algorithms, provided, however, that Customer may engage in such conduct as is necessary to ensure the interoperability of the Software as required by law. Prior to commencing any de- compilation or reverse engineering, Customer will observe strict obligations of confidentiality and provide Licensor with reasonable advance written notice and the opportunity to assist with or conduct such activity on Customer's behalf and at Customer‘s expense.
d. Licensor shall deliver the Software electronically and delivery is deemed complete when such Software is made available to Customer.
e. ISV Customer and SaaS Customer specific terms are stated at: xxxxx://xxxxx.xxxxx.xxx/posts/1143002xxxxx://xxxxx.xxxxx.xxx/#saas-customer-terms.
f. Additional product specific terms are stated at xxxxx://xxxxx.xxxxx.xxx/posts/860094- additional-licensor-product-xxxxx://xxxxx.xxxxx.xxx/#additional-product- specific-terms.
g. Should the Order Form include the Foresight Software the terms stated at xxxxx://xxxxx.xxxxx.xxx/posts/1452906-supplemental-terms-tibco-foresight xxxxx://xxxxx.xxxxx.xxx/#foresight-terms apply.
Appears in 27 contracts
Samples: End User License Agreement, End User License Agreement, End User License Agreement
License and Delivery. a. Subject to Customer's compliance with the terms of this Agreement, including payment of fees, for any Software delivered to Customer, Licensor grants Customer a limited, non- transferable, non-sublicensable, non-exclusive license to install, run, and use the Number of Units of Software stated in an Order Form in accordance with the Documentation for the Term solely for Customer's internal business purposes. Maintenance, if purchased or provided, is delivered pursuant to the Order Form.
b. Software does not include multiple Platforms if the Software product is licensed on a Platform specific basis as designated in the Software product name or listed in an Order Form or purchase orderForm.
c. Unless otherwise permitted under this Agreement and the Documentation, Customer shall not:
i. make more copies of the Software than the specified Number of Units stated in an Order Form (except for a reasonable number of copies for archival purposes) or use any unlicensed versions of the Software;
ii. use any Software that is not listed in an Order Form even if such unlicensed software is made available to Customer as part of Licensor's general delivery mechanisms;
iii. provide access to the Software to anyone other than Authorized Users;
iv. sublicense, distribute or pledge the Software or any of the rights herein;
v. lease, rent or commercially share (including time-share) or use the Software for purposes of providing processing services, including, providing third-party hosting, application integration, application service provider-type services, or service bureau;
vi. use or access any embedded or bundled component of Software on a stand-alone basis where such embedded or bundled component is provided to Customer for the sole purpose of enabling the functionality of such Software;
vii. use Third Party Software except in conjunction with the Licensor Software and subject to the same use rights that it has to the Licensor Software.
viii. use any third party software, including any open source software, in conjunction with any Software, unless Customer ensures that such use does not cause the Software to become subject to any third party license applicable to such third party software or require the public disclosure or distribution of any Software or the licensing of any Software for Materials or the purpose of making derivative works; and
ix. modify, translate, reverse engineer, decrypt, decompile, disassemble, create derivative works based on, or otherwise attempt to discover the Software source code or underlying ideas, techniques or algorithms, provided, however, that Customer may engage in such conduct as is necessary to ensure the interoperability of the Software as required by law. Prior to commencing any de- compilation or reverse engineering, Customer will observe strict obligations of confidentiality and provide Licensor with reasonable advance written notice and the opportunity to assist with or conduct such activity on Customer's behalf and at Customer‘s expense.
d. Licensor shall deliver the Software electronically and delivery is deemed complete when such Software is made available to Customer.
e. ISV Customer and SaaS Customer specific terms are stated at: xxxxx://xxxxx.xxxxx.xxx/posts/1143002xxxxx://xxxxx.xxxxx.xxx/#saas-customer-terms.
f. Additional product specific terms are stated at xxxxx://xxxxx.xxxxx.xxx/posts/860094- additional-licensor-product-xxxxx://xxxxx.xxxxx.xxx/#additional-product- specific-terms.
g. Should the Order Form include the Foresight Software the terms stated at xxxxx://xxxxx.xxxxx.xxx/posts/1452906-supplemental-terms-tibco-foresight xxxxx://xxxxx.xxxxx.xxx/#foresight-terms apply.
Appears in 9 contracts
Samples: End User License Agreement, End User License Agreement, End User License Agreement
License and Delivery. a. a) Subject to Customer's ’s compliance with the terms of this Agreement, including payment of fees, for any Software delivered to Customer, Licensor grants Customer a limited, non- non-transferable, non-sublicensable, non-exclusive license to install, run, and use the Number of Units of Software stated in an Order Form in accordance with the Documentation for the Term solely for Customer's ’s internal business purposes. Maintenance, if purchased or provided, is delivered pursuant to the Order Form.
b. b) Software does not include multiple Platforms if the Software product is licensed on a Platform specific basis as designated in the Software product name or listed in an Order Form or purchase orderForm.
c. c) Unless otherwise permitted under this Agreement and the Documentation, Customer shall not:
i. make more copies of the Software than the specified Number of Units stated in an Order Form (except for a reasonable number of copies for archival purposes) or use any unlicensed versions of the Software;
ii. use any Software that is not listed in an Order Form even if such unlicensed software is made available to Customer as part of Licensor's ’s general delivery mechanisms;
iii. provide access to the Software to anyone other than Authorized Users;
iv. sublicense, distribute or pledge the Software or any of the rights herein;
v. lease, rent or commercially share (including time-share) or use the Software for purposes of providing processing services, including, providing third-party hosting, application integration, application service provider-type services, or service bureau;
vi. use or access any embedded or bundled component of Software on a stand-alone basis where such embedded or bundled component is provided to Customer for the sole purpose of enabling the functionality of such Software;
vii. use Third Party Software except in conjunction with the Licensor Software and subject to the same use rights that it has to the Licensor Software.
viii. use any third party software, including any open source software, in conjunction with any Software, unless Customer ensures that such use does not cause the Software to become subject to any third party license applicable to such third party software or require the public disclosure or distribution of any Software or the licensing of any Software for Materials or the purpose of making derivative works; and
ix. modify, translate, reverse engineer, decrypt, decompile, disassemble, create derivative works based on, or otherwise attempt to discover the Software source code or underlying ideas, techniques or algorithms, provided, however, that Customer may engage in such conduct as is necessary to ensure the interoperability of the Software as required by law. Prior to commencing any de- de-compilation or reverse engineering, Customer will observe strict obligations of confidentiality and provide Licensor with reasonable advance written notice and the opportunity to assist with or conduct such activity on Customer's behalf and at Customer‘s expense.
d. d) Licensor shall deliver the Software electronically and delivery is deemed complete when such Software is made available to Customer.
e. e) ISV Customer and SaaS Customer specific terms are stated at: xxxxx://xxxxx.xxxxx.xxx/posts/1143002xxxxx://xxxxx.xxxxx.xxx/#saas-customer-terms.
f. f) Additional product specific terms are stated at xxxxx://xxxxx.xxxxx.xxx/posts/860094- additional-licensor-product-specific-termsxxxxx://xxxxx.xxxxx.xxx/#additional-product-specific-terms.
g. g) Should the Order Form include the Foresight Software the terms stated at xxxxx://xxxxx.xxxxx.xxx/posts/1452906-supplemental-terms-tibco-foresight xxxxx://xxxxx.xxxxx.xxx/#foresight-terms apply.
Appears in 4 contracts
Samples: Licensing Agreements, End User License Agreement, End User License Agreement
License and Delivery. a. a) Subject to Customer's ’s compliance with the terms of this Agreement, including payment of fees, for any Software delivered to Customer, Licensor grants Customer a limited, non- non-transferable, non-sublicensable, non-exclusive license to install, run, and use the Number of Units of Software stated in an Order Form in accordance with the Documentation for the Term solely for Customer's ’s internal business purposes. Maintenance, if purchased or provided, is delivered pursuant to the Order Form.
b. b) Software does not include multiple Platforms if the Software product is licensed on a Platform specific basis as designated in the Software product name or listed in an Order Form or purchase orderForm.
c. c) Unless otherwise permitted under this Agreement and the Documentation, Customer shall not:
i. make more copies of the Software than the specified Number of Units stated in an Order Form (except for a reasonable number of copies for archival purposes) or use any unlicensed versions of the Software;
ii. use any Software that is not listed in an Order Form even if such unlicensed software is made available to Customer as part of Licensor's ’s general delivery mechanisms;
iii. provide access to the Software to anyone other than Authorized Users;
iv. sublicense, distribute or pledge the Software or any of the rights herein;
v. lease, rent or commercially share (including time-share) or use the Software for purposes of providing processing services, including, providing third-party hosting, application integration, application service provider-type services, or service bureau;
vi. use or access any embedded or bundled component of Software on a stand-alone basis where such embedded or bundled component is provided to Customer for the sole purpose of enabling the functionality of such Software;
vii. use Third Party Software except in conjunction with the Licensor Software and subject to the same use rights that it has to the Licensor Software.
viii. use any third party software, including any open source software, in conjunction with any Software, unless Customer ensures that such use does not cause the Software to become subject to any third party license applicable to such third party software or require the public disclosure or distribution of any Software or the licensing of any Software for Materials or the purpose of making derivative works; and
ix. modify, translate, reverse engineer, decrypt, decompile, disassemble, create derivative works based on, or otherwise attempt to discover the Software source code or underlying ideas, techniques or algorithms, provided, however, that Customer may engage in such conduct as is necessary to ensure the interoperability of the Software as required by law. Prior to commencing any de- de-compilation or reverse engineering, Customer will observe strict obligations of confidentiality and provide Licensor with reasonable advance written notice and the opportunity to assist with or conduct such activity on Customer's behalf and at Customer‘s expense.
d. d) Licensor shall deliver the Software electronically and delivery is deemed complete when such Software is made available to Customer.
e. e) ISV Customer and SaaS Customer specific terms are stated at: xxxxx://xxxxx.xxxxx.xxx/posts/1143002.
f. f) Additional product specific terms are stated at xxxxx://xxxxx.xxxxx.xxx/posts/860094- additional-licensor-product-specific-termsxxxxx://xxxxx.xxxxx.xxx/posts/860094-additional-licensor-product-specific-terms.
g. g) Should the Order Form include the Foresight Software the terms stated at xxxxx://xxxxx.xxxxx.xxx/posts/1452906-supplemental-terms-tibco-foresight xxxxx://xxxxx.xxxxx.xxx/posts/1452906-supplemental- terms-tibco-foresight apply.
Appears in 1 contract
Samples: End User License Agreement
License and Delivery. a. a) Subject to Customer's ’s compliance with the terms of this Agreement, including payment of fees, for any Software delivered to Customer, Licensor grants Customer a limited, non- non-transferable, non-sublicensable, non-exclusive license to install, run, and use the Number of Units of Software stated in an Order Form in accordance with the Documentation for the Term solely for Customer's ’s internal business purposes. Maintenance, if purchased or provided, is delivered pursuant to the Order Form.
b. b) Software does not include multiple Platforms if the Software product is licensed on a Platform specific basis as designated in the Software product name or listed in an Order Form or purchase order.
c. c) Unless otherwise permitted under this Agreement and the Documentation, Customer shall not:
i. make more copies of the Software than the specified Number of Units stated in an Order Form (except for a reasonable number of copies for archival purposes) or use any unlicensed versions of the Software;
ii. use any Software that is not listed in an Order Form even if such unlicensed software is made available to Customer as part of Licensor's ’s general delivery mechanisms;
iii. provide access to the Software to anyone other than Authorized Users;
iv. sublicense, distribute or pledge the Software or any of the rights herein;
v. lease, rent or commercially share (including time-share) or use the Software for purposes of providing processing services, including, providing third-party hosting, application integration, application service provider-type services, or service bureau;
vi. use or access any embedded or bundled component of Software on a stand-alone basis where such embedded or bundled component is provided to Customer for the sole purpose of enabling the functionality of such Software;
vii. use Third Party Software except in conjunction with the Licensor Software and subject to the same use rights that it has to the Licensor Software.
viii. use any third party software, including any open source software, in conjunction with any Software, unless Customer ensures that such use does not cause the Software to become subject to any third party license applicable to such third party software or require the public disclosure or distribution of any Software or the licensing of any Software for Materials or the purpose of making derivative works; and
ix. modify, translate, reverse engineer, decrypt, decompile, disassemble, create derivative works based on, or otherwise attempt to discover the Software source code or underlying ideas, techniques or algorithms, provided, however, that Customer may engage in such conduct as is necessary to ensure the interoperability of the Software as required by law. Prior to commencing any de- de-compilation or reverse engineering, Customer will observe strict obligations of confidentiality and provide Licensor with reasonable advance written notice and the opportunity to assist with or conduct such activity on Customer's behalf and at Customer‘s expense.
d. d) Licensor shall deliver the Software electronically and delivery is deemed complete when such Software is made available to Customer.
e. e) ISV Customer and SaaS Customer specific terms are stated at: xxxxx://xxxxx.xxxxx.xxx/posts/1143002.
f. f) Additional product specific terms are stated at xxxxx://xxxxx.xxxxx.xxx/posts/860094- additional-licensor-product-specific-termsxxxxx://xxxxx.xxxxx.xxx/posts/860094-additional-licensor-product-specific-terms.
g. g) Should the Order Form include the Foresight Software the terms stated at xxxxx://xxxxx.xxxxx.xxx/posts/1452906-supplemental-terms-tibco-foresight xxxxx://xxxxx.xxxxx.xxx/posts/1452906-supplemental- terms-tibco-foresight apply.
Appears in 1 contract
Samples: End User License Agreement