License and Restrictions. Subject to the terms and conditions of this Agreement, Dremio hereby grants Licensee the following limited, nonexclusive, non-sublicensable and non-transferable license, solely for its own internal evaluation and solely for non-production purposes: (i) to use and display the Software on the number of Nodes specified by Dremio subject to all of the terms of this Agreement; (ii) to use the Documentation solely for purposes of installing or operating the Software; (iii) to use any materials provided by Dremio in the course of performing Services solely for the purpose of using the Software in accordance with this Agreement; (iv) to use the Third Party Programs only in combination with the Software and solely for purposes of installing or operating the Software; and (v) to copy the Software, Third Party Programs and Documentation as reasonably necessary to support the number of licensed Nodes. With respect to any and all copies of the Software, Third Party Programs and Documentation, Licensee shall ensure that each copy contains all titles, trademarks, and copyright and restricted rights notices, and that all such copies shall be subject to the terms and conditions of this Agreement. Licensee will comply with all applicable local, state, national and foreign laws, treaties, regulations, guidelines and conventions in connection with its use of the Software.The rights granted in this Section 3 are subject to Licensee’s agreement that it shall not: (a) use the Third Party Programs as stand-alone applications; (b) reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code of the Software or Third Party Programs; (c) sublicense or use the Software or Third Party Programs for commercial time-sharing, rental, outsourcing, or service bureau use; or (d) publish or otherwise disclose the results of benchmark tests of the Software to third parties without Dremio’s prior written consent. In the event Licensee violates the terms set forth in this Section 3 and fails promptly to cure such breach following receipt of written notice from Dremio, Dremio shall have the right immediately to terminate the license granted to Licensee under this Agreement.
Appears in 2 contracts
Samples: Software License Evaluation Agreement, Software License Evaluation Agreement
License and Restrictions. Subject (a) As of the Effective Date, and subject to the terms and conditions of this Agreement, Dremio Licensor hereby grants to the Licensee, and the Licensee the following limitedhereby accepts, a personal, nonexclusive, non-sublicensable nontransferable license (the “License”) under the Licensor product(s) listed on Schedule A (collectively referred to herein as the “Products”) and non-transferable licenseunder all information contained in any related documentation, solely for its own internal evaluation and solely for non-production purposesinstructions, manuals or other materials related to the Product (hereafter collectively referred to as “Documentation”) to: (i) to use and display the Software on the number of Nodes specified by Dremio subject to all Product for internal business purposes of the terms of Licensee and otherwise consistent with this Agreement; , the Documentation, and the applicable Schedule, and (ii) use the Documentation in connection with the permitted use of the Product.
(b) The Product shall be used only for the Licensee’s own business, which shall include assessing leaders for advisors to assist in the leaders’ discussion with advisors. Licensee shall not (i) permit any third party to use the Documentation solely for purposes of installing Product, aside from Licensee’s leader clients, or operating the Software; (iiiii) to use any materials provided by Dremio in the course of performing Services solely for the purpose of using the Software in accordance with this Agreement; (iv) to use the Third Party Programs only in combination with the Software and solely for purposes of installing or operating the Software; and (v) to copy the Software, Third Party Programs and Documentation as reasonably necessary to support the number of licensed Nodes. With respect to any and all distribute copies of the SoftwareProduct or Documentation to any third party.
(c) This Agreement may not be assigned or transferred and no sublicenses or similar rights in the Product may be granted by Licensee.
(d) Licensor retains all right, Third Party Programs title and Documentation, interest in the Product and nothing contained herein shall be construed as the relinquishment on the part of Licensor of any of Licensor’s ownership interest in the Product.
(e) Licensee shall ensure that each copy contains all titles, trademarks, and copyright and restricted rights notices, and that all such copies shall be subject to the terms and conditions of this Agreement. Licensee will comply with all applicable local, state, national and foreign laws, treaties, regulations, guidelines and conventions in connection with its use of the Software.The rights granted in this Section 3 are subject to Licensee’s agreement that it shall not: (a) use the Third Party Programs as stand-alone applications; (b) not reverse engineer, disassemble, decompile, disassemble or otherwise attempt to derive the source code gain access to or understanding of the Software underlying formula of the Product.
(f) Licensee alone is responsible for determining which Products or Third Party Programs; (c) sublicense or use the Software or Third Party Programs Documentation best suits Licensee’s needs and for commercial time-sharing, rental, outsourcing, or service bureau use; or (d) publish or otherwise disclose the results obtained.
(g) Licensee shall bear the responsibility of benchmark tests ensuring that its computer system and software is compatible with the requirements to use Licensor’s Product and Documentation.
(h) Licensee acknowledges that the use of the Software to third parties without Dremio’s prior written consent. In software is at Licensee's own risk, and in the event Licensee violates of error or the terms set forth in this Section 3 and fails promptly to cure such breach following receipt loss of written notice from Dremiodata, Dremio shall have the right immediately to terminate the license granted to Licensee under this Agreementall risk of loss is assumed by Licensee.
Appears in 1 contract
Samples: License Agreement
License and Restrictions. Subject to the terms and conditions of this Agreement, Dremio hereby grants Licensee the following limited, nonexclusive, non-sublicensable and non-transferable license, solely for its own internal evaluation and solely for non-production purposes: (i) to use and display the Software on the number of Nodes specified by Dremio subject to all of the terms of this Agreement; (ii) to use the Documentation solely for purposes of installing or operating the Software; (iii) to use any materials provided by Dremio in the course of performing Services solely for the purpose of using the Software in accordance with this Agreement; (iv) to use the Third Party Programs only in combination with the Software and solely for purposes of installing or operating the Software; and (v) to copy the Software, Third Party Programs and Documentation as reasonably necessary to support the number of licensed Nodes. With respect to any and all copies of the Software, Third Party Programs and Documentation, Licensee shall ensure that each copy contains all titles, trademarks, and copyright and restricted rights notices, and that all such copies shall be subject to the terms and conditions of this Agreement. Licensee will comply with all applicable local, state, national and foreign laws, treaties, regulations, guidelines and conventions in connection with its use of the Software.The rights granted in this Section 3 are subject to Licensee’s agreement that it shall not: (a) use the Third Party Programs as stand-alone applications; (b) reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code of the Software or Third Party Programs; (c) sublicense or use the Software or Third Party Programs for commercial time-sharing, rental, outsourcing, or service bureau use; or (d) publish or otherwise disclose the results of benchmark tests of the Software to third parties without DremioXxxxxx’s prior written consent. In the event Licensee violates the terms set forth in this Section 3 and fails promptly to cure such breach following receipt of written notice from Dremio, Dremio shall have the right immediately to terminate the license granted to Licensee under this Agreement.
Appears in 1 contract
Samples: Software License Agreement