License Grant and Limitations. Seller hereby grants to Apple and Apple contractors, consultants, and/or agents, a nonexclusive, transferable, worldwide, royalty-free, fully paid, perpetual license (unless specified otherwise in an ordering document) to use, display and reproduce the Software. Seller reserves all rights not expressly granted to Apple herein. Apple shall not decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Software except as permitted by law and this Agreement. All Software shall be delivered electronically; if Seller is unable to deliver Software electronically, it shall deliver media containing the Software and Documentation to Apple at 00000 X.X. Xxxxxxxxx Road, Suite 400, Portland, Oregon 97223 (503/293-8400).
License Grant and Limitations. (a) If COMPANY is creating a Final Product, then subject to all terms and conditions of this Agreement, MS grants to COMPANY a non-exclusive, non-transferable, world-wide license to:
(i) reproduce, install and test the Licensed Technology Binaries on or into Final Product(s);
(ii) engage a third party installer to perform on behalf of COMPANY the actions described in Section 2(a)(i);
(iii) obtain the Licensed Technology Binaries on, in or with an Interim Product from an Interim Product Provider and reproduce and install such Licensed Technology Binaries on or into a Final Product; and
(iv) distribute to end users, directly or through COMPANY’s distributors, resellers, dealers and others in its distribution channels (each a “Channel Entity”), the Licensed Technology Binaries as an integrated part of a Final Product for further distribution by such Channel Entities to End Users and use by such End Users.
(b) If COMPANY is creating an Interim Product, then subject to all terms and conditions of this Agreement, MS grants to COMPANY a non-exclusive, world-wide royalty-free, license to:
(i) reproduce, install and test the Licensed Technology Binaries on or into Interim Product(s);
(ii) engage a third party installer to perform on behalf of COMPANY the actions described in Section 2(b)(i);
(iii) obtain the Licensed Technology Binaries on, in or with an Interim Product from an Interim Product Provider and reproduce and install such Licensed Technology Binaries on, into or with an Interim Product;
(iv) distribute Interim Products to Authorized OEMs solely for installation and distribution in Final Products, under such business terms negotiated between Authorized OEMs and COMPANY which are not inconsistent with the terms of this Agreement; and
(v) distribute the Licensed Technology Binaries to Channel Entities as part of an Interim Product solely for further distribution to Authorized OEMs; provided COMPANY agrees to be liable for any unauthorized distribution by any Channel Entity (other than an Authorized OEM) as if such unauthorized distribution was done by COMPANY directly.
(c) Except as expressly set forth in Sections 2(a)(ii) and 2(b)(ii) and the COMPANY Subsidiary Schedule, COMPANY shall not sublicense the rights granted hereunder to any third party. No COMPANY Subsidiary shall sublicense any of the rights granted to it hereunder.
(d) Except as set forth in Sections 2(a) and 2(b) above, COMPANY shall not distribute or make the Licensed Technology Binaries ava...
License Grant and Limitations. (a) Subject to all terms and conditions of this License Agreement, MS grants to COMPANY, a non-exclusive, limited, world-wide license to:
(i) use the OAK on COMPANY premises in accordance with the instructions contained in the OAK for the following limited purposes:
(A) creating an OEM abstraction layer for the Licensed Product on the Devices;
(B) testing the Devices;
(C) creating device drivers for the Devices; and
(D) designing and developing COMPANY Applications.
(ii) distribute the OAK’s “redistributable files” in object code form only with COMPANY Applications, provided that:
(A) COMPANY Applications are designed to operate with the Licensed Product and are compatible with the applicable Licensed Product application programming interfaces (“APIs”) and protocols;
(B) COMPANY includes MS’ or MSCORP’s copyright notices for the Licensed Product(s) on the disk label and/or on the title page of the documentation for COMPANY Applications; and
(C) COMPANY hereby indemnifies, holds harmless, and defends MS and its Suppliers from and against any third party claims or lawsuits, including attorneys’ fees, that arise or result from the use or distribution of COMPANY Applications subject to the following:
(i) MS shall promptly notify COMPANY in writing of such claim;
(ii) COMPANY shall have sole control over the defense and/or settlement of such claim subject to Section 2(a)(ii)(C)(iii)-(v)
(iii) MS shall provide COMPANY with reasonable assistance in the defense of the claim;
(iv) MS and/or MSCORP shall have the right to participate in the defense and/or settlement at MS’s or MSCORP’s sole expense; and
(v) COMPANY shall not consent to the entry of any judgment orany settlement that materially affects the rights and interests of MS or MSCORP without the prior, written consent of MS and/or MSCORP, which consent shall not be unreasonably withheld.
(iii) install one (1) copy of the Licensed Product Binaries as part of the Image on a Memory Medium and place one (1) Memory Medium into a Device;
(iv) distribute one (1) copy of Licensed Product Binaries as part of the Image in the Device;
(v) distribute one (1) copy of the XXXX, APM and End User Documentation with the Device; and
(vi) sublicense the Image to the licensed end user by means of the XXXX. For clarification, COMPANY’s non-exclusive, limited, world-wide license includes use by (1) COMPANY employees in the scope of their employment with COMPANY; and (2) individuals under COMPANY’s direct supervision and control w...
License Grant and Limitations. Upon issuance of an Activation Key, and subject to the payment of the applicable License Fee and all other terms of this Agreement, Licensor grants Subscriber a nonexclusive, nontransferable, nonsublicensable, right to download, install, and use the Software solely for Subscriber's internal operations. Subscriber may make copies of the Software solely for back-up and archival needs. Subscriber must use the Software in compliance with all applicable laws and regulations. Except as otherwise expressly permitted by applicable law, Subscriber will not and will not allow any third party to: (a) alter, translate, decompile, disassemble, or reverse engineer any portion of the Software, make any attempt to discover any source code or underlying ideas or algorithms of the Software or make any attempt to disable the Activation Key; or (b) rent, lease, or otherwise permit third parties to use the Software. Subscriber will use reasonable efforts to prevent any unauthorized use of the Software and immediately notify Licensor in writing of any unauthorized use that comes to Subscriber’s attention. If there is unauthorized use by anyone who obtained access to the Software directly or indirectly through Subscriber, Subscriber will take all steps reasonably necessary to terminate the unauthorized use. Subscriber will cooperate and assist with any actions taken by Licensor to prevent or terminate unauthorized use of the Software. The Software contains materials licensed by Licensor from third parties and Subscriber acknowledges and agrees that such third parties shall be considered third party beneficiaries of this Agreement with an independent right of enforcement, in their own name. Licensor and its licensors retain all ownership, right, title, and interest in and to the Software and copies of the Software, and to all components, enhancements, modifications, translations, and derivatives thereof, including without limitation all copyrights, patents, and trade secrets. Subscriber will maintain the copyright notice on the Software and on any copies. All of the limitations and restrictions on the Software in this Agreement also apply to all documentation. All rights not specifically granted to Subscriber herein are reserved to Licensor.
License Grant and Limitations a. Exchange Collective grants to Retailer, and Retailer hereby accepts, during the term of this Agreement and subject to all terms and conditions of this Agreement, a non-exclusive, non-transferable and non-sub-licensable license to use the Exchange Collective Platform.
b. Exchange Collective does not grant to Retailer a license to copy, use, display, transmit, market, distribute, sub-license or make derivative works of any brand and marketing materials, trade names, trademarks, service marks and other intellectual property necessary hereunder, packaging materials, literature, and images of the products of a brand or wholesaler in order to market, distribute, solicit, place, sell, import, export these products. As such, Exchange Collective, shall not be liable for any violations by Retailer of the rights of a brand or wholesaler or for Retailer’s compliance with Retailer’s agreement with the brand or wholesaler.
c. Exchange Collective shall maintain the Exchange Collective Platform during the Term and provide updates, patches, or upgrades as necessary to address any glitches or malfunctions in the Exchange Collective Platform, and abide by the Minimum Service Levels in Schedule I attached hereto
License Grant and Limitations a. During the Term of Agreement, subject to continuing payment of monthly, quarterly, or annual fees as set forth herein and to compliance with the terms contained herein, Subscriber will have a limited, non-exclusive, non-transferable, non- sublicenseable user based license to use, display, store, load, install and execute the Application in accordance with the documentation provided by nModal. If Subscriber allows another individual to download or Use the Application, Subscriber will be liable for compliance with this Agreement, and for any violations by that user of this Agreement.
b. The Application is owned, patented and copyrighted by nModal or by third party suppliers. This License confers no title or ownership and is not a sale of any rights in the Application. Subscriber is granted only the right to use the Application without right of sublicense. Third party suppliers are intended beneficiaries under this Agreement and may protect their rights in the Application directly against the Subscriber in the event of any infringement.
c. You acknowledge and agree that the Computer System Requirements (as further defined in Schedule “A” hereto) are necessary to use the Application as described in the documentation, and that you must independently, at your own cost, purchase or appropriately acquire the Computer System Requirements.
d. You further agree that it is your responsibility to ensure that the Application has adequate internet network connectivity to function. In order to function correctly the Application must be able to connect to the nModal licensing servers to manage the monthly, quarterly, or annual licensing process, and implement the logging of Google Analytics Accounts accessed, which is the basis of certain subscription plans.
License Grant and Limitations. For the duration of Customer’s purchased subscription term, ACAS hereby grants to Customer on the terms and conditions herein a limited, revocable, non-transferable and non-exclusive right to access and use the Service for Customer’s internal business purposes only. This license is for use of the Service by the named Customer only or in the event Customer is a business entity, then for the use by a limited number of authorized users of Customer. In the event Customer is a business entity, Customer may allow its authorized users to use the Service for Customer’s internal business purposes and Customer is responsible for its authorized users’ compliance with this Agreement. Each authorized user will have a unique user ID and password for his or her access to the Service. Customer is responsible for maintaining the security and confidentiality of all usernames and passwords. Customer shall not disclose or make available passwords other than to its authorized users and shall use best efforts to prevent unauthorized access to, or use of, the Service. Customer may allow that his authorized user may assign user IDs and passwords to another authorized user within Customer entity, however it is on Customer risk. In the event Customer makes such passwords available to any third-party, Customer shall be solely liable for all actions taken by such third-party and resulting consequences. Customer agrees to notify ACAS immediately of any unauthorized use, loss or theft of any username, password or access key, or any other known or suspected breach of security. Violation of any of the above provisions may result in immediate termination of this Agreement. Customer has also a right to close and delete user accounts without giving a reason and without additional information to the user. Customer need to notify ACAS about each such case.
License Grant and Limitations. Vendor hereby grants to Phase Four and Phase Four contractors, consultants, and/or agents, a nonexclusive, transferable, worldwide, royalty-free, fully paid, perpetual license (unless specified otherwise in an ordering document) to use, display and reproduce the Software. Vendor reserves all rights not expressly granted to Phase Four herein. Phase Four shall not decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Software except as permitted by law and this Agreement. All Software shall be delivered electronically.
License Grant and Limitations. Exchange Collective grants to Brand, and Brand hereby accepts, during the term of this Agreement and subject to all terms and conditions of this Agreement, a non-exclusive, non-transferable and non-sub-licensable license to use the Exchange Collective Platform to list product inventory to be sold by retailers.
License Grant and Limitations. Seller hereby grants to ACWN and ACWN contractors, consultants, and/or agents, a nonexclusive, transferable, worldwide, royalty-free, fully paid, perpetual license (unless specified otherwise in an ordering document) to use, display and reproduce the Software. Seller reserves all rights not expressly granted to ACWN herein. ACWN shall not decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Software except as permitted by law and this Agreement. All Software shall be delivered electronically; if Seller is unable to deliver Software electronically, it shall deliver media containing the Software and Documentation to ACWN at 00000 X.X. Xxxxxxxxx Road, Suite 400, Portland, Oregon 97223 (503/293-8400).
