License of Software. (a) To the extent that any software used by any Originator to account for the Receivables originated by it is non-transferable, such Originator hereby grants to each of Buyer, the Administrative Agent and the Servicer an irrevocable, non-exclusive license to use, without royalty or payment of any kind, all such software used by such Originator to account for such Receivables, to the extent necessary to administer such Receivables, whether such software is owned by such Originator or is owned by others and used by such Originator under license agreements with respect thereto; provided that should the consent of any licensor of such software be required for the grant of the license described herein, to be effective, such Originator hereby agrees that upon the request of Buyer (or Buyer’s assignee), such Originator will use its reasonable efforts to obtain the consent of such third-party licensor. If any software used by any Originator to account for the Receivables originated by it prohibits such Originator from granting the license to use described herein, or if, after reasonable efforts, consent of any licensor of such software for the grant of the license described herein is not obtained, there shall be no transfer of such software hereunder or any grant by such Originator of the license to use described herein. The license granted hereby shall be irrevocable until the later to occur of (i) indefeasible payment in full of the Obligations (as defined in the Credit and Security Agreement), and (ii) the date each of this Agreement and the Credit and Security Agreement terminates in accordance with its terms.
(b) Each Originator (i) shall take such action requested by Buyer and/or the Administrative Agent (as Buyer’s assignee), from time to time hereafter, that may be necessary or appropriate to ensure that Buyer and its assigns have an enforceable ownership interest in the Records relating to the Receivables purchased from such Originator hereunder, and (ii) shall use its reasonable efforts to ensure that Buyer, the Administrative Agent and the Servicer each has an enforceable right (whether by license or sublicense or otherwise) to use all of the computer software used to account for such Receivables and/or to recreate such Records.
License of Software. PDC grants to Customer a nonexclusive, non-transferable limited license (the “License”) to use the Software on the Number of Licensed Stations. This License also authorizes you to use the Documentation, but only in connection with your licensed use of the Software. The Term of the License begins on the date you receive the Software and accept this Agreement. Rights not expressly granted to you under this Agreement are reserved by PDC.
License of Software. 5 Section 1.7 Characterization.................................................6
License of Software. 21.1 As to software which may be provided under this Agreement (either separately or with a Product) and which is not fully licensed to NCR pursuant to the Purchase and Sale Agreement or its ancillary agreements, patents, copyrights, and other intellectual property rights relating to that software) a perpetual, worldwide, non-exclusive, non-transferable license to reproduce or distribute, either directly or through its replicator, contract manufacturer/computer system OEM supplier or distributor, under terms no less stringent than those contained in this Agreement, copies of the software in object code format only, onto a floppy disk or the hard disk of a system, one copy per system, and to distribute such copies to NCR's customers. NCR may distribute a pre-installed copy and a copy on removable media for use with each system. For purposes of royalty or license fee accounting, the pre-installed and the removable copy distributed with a single system shall be treated as a single copy. If the software package includes a "break the seal" license agreement in the package containing the software, NCR may transfer the package to its customer without altering the package or its contents and the license agreement will be between Seller and the customer. If the software does not contain a "break the seal" license agreement or if NCR opens the package for installation of the software prior to resale, NCR will license the software to its Customers pursuant to its standard terms and conditions. NCR shall pay to Symbios a royalty for each copy of the software distributed by NCR to its customers hereunder.
License of Software. AMCO shall own or license any Software necessary to provide the services described in this Agreement. AMCO shall be responsible for resolving any licensing conflicts that may result from its use of such Software.
License of Software. Subject to the terms and conditions of this Agreement, Remedy will license to Franchisee one (1) or more I/SEARCH 2000 computer software program(s) and all related materials and documentation (collectively, the "I/SEARCH 2000 Software") for an annual license fee (which shall include all application updates and related support services), installation costs plus shipping and handling costs, and all applicable state/local/federal taxes, as further set forth in this Agreement. Subject to the terms and conditions of this Agreement, Remedy hereby grants to Franchisee a non-transferable non-exclusive right to use the I/SEARCH 2000 Software, ordered and accepted as set forth above, for the term of this Agreement, as set forth in Section 5 herein.
License of Software. 14.1 The Software provided hereunder is furnished to Comcast under a nontransferable, nonexclusive license for use solely on the Equipment on which first installed for the sole purpose of operating the Product. In the event Concurrent furnishes to Comcast media containing additional software programs or routines not specified as Software licensed hereunder, Comcast shall make no attempt to copy or otherwise use or disclose any such additional software program or routines for any purpose.
14.2 Comcast shall not remove any copyright, trademark, proprietary rights, legal or warning notice included on or embedded in any part of the Software.
14.3 Comcast shall not sell, license, sublicense, rent, lease or otherwise transfer or assign the Software, whether by operation of law or otherwise, without the prior written consent of Concurrent, except that Comcast may transfer the Software to an affiliate of Comcast, provided that the Equipment on which such Software is used is also transferred to such affiliate and such affiliate agrees in writing to be bound by the Software license terms set forth in this Agreement.
14.4 No reproduction rights in or to the Software or related documentation are granted to Comcast under this Agreement. Comcast agrees that it shall not, and shall not permit any other person to, except for archival purposes, copy, reproduce, duplicate by any means, or translate into a machine language the Software or any portion thereof without the prior written approval of Concurrent. Comcast also agrees that it shall not, and shall not permit any other person to, compile, decompile, or reverse engineer the Software (except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation), or otherwise permit the unauthorized use of the Software.
14.5 The license granted hereunder to the Software shall be effective from the date of delivery of the Software and shall remain in force until terminated as provided herein. Concurrent reserves the right to terminate any license of the Software upon written notice to Comcast in the event that (i) Comcast shall fail to pay any portion of the purchase price or license fee for the VOD Products when due, or (ii) Comcast shall make any improper use, transfer, duplication or disclosure of the Software or in any other way breach this Agreement, provided that Comcast shall have thirty (30) days from the date of such notice to cure such breach. If the breach is not cur...
License of Software. A. Customer acknowledges that any software supplied by HNS to Customer is subject to the proprietary rights of HNS and/or HNS' vendor(s) (the “Licensor(s)”) Customer acknowledges that that any software licensed hereunder was developed using HNS’ and its Licensor’s typical commercial practices, and not in anticipation of Customer’s particular aircraft-based application. Except for the licenses granted herein, HNS or its Licensor(s), as the case may be, will retain all right, title and interest in the Software. Customer acknowledges that it may use the Software only pursuant to the terms of this Agreement.
B. Subject to Customer payment of the Charges specified herein, HNS hereby grants to Customer and Customer hereby accepts from HNS a perpetual, irrevocable, worldwide, nonexclusive license (or sublicense, as applicable) to use the Software and associated documentation solely in the connection with the Equipment provided hereunder, such license to commence upon delivery of the Software and associated Equipment to Customer. Customer’s right to use Software shall include the right to use multiple versions or releases of the Software, if applicable (including any updates, “bug” fixes or enhancements).
C. Except as permitted by this Article, Customer will not (i) alter, modify, create derivative works of, or attempt to alter, modify, or create derivative works of the Software or any part thereof, (ii) copy, duplicate, or permit anyone else to copy or duplicate, any part of the Software, or (iii) create or attempt to create, or permit others to create or attempt to create, by decompiling, disassembling, reverse engineering or otherwise, the source programs or any part thereof from the object programs or from other information made available under this Agreement. Customer may at its own expense make one copy of the object program for archive purposes.
License of Software. Certiport hereby grants to Company a limited, non-transferable, non- exclusive, license to use the Software for the sole purpose of operating its CATC ™ in accordance with this Agreement. Company shall, upon expiration or termination of this Agreement, promptly return or destroy all copies of the Software and all related documentat io n in its possession.
License of Software. 21.1 As to software which may be provided under this Agreement (either separately or with a Product) and which is not fully licensed to AT&T pursuant to the Purchase and Sale Agreement or its ancillary agreements, Seller hereby grants to AT&T (under Seller's or its suppliers sublicensed patents, copyrights, and other intellectual property rights relating to that software) a perpetual, worldwide, non-exclusive, non-transferable license to resell or reproduce copies of the software in object code format only, onto a floppy disk or the hard disk of a system, one copy per system, and to distribute such copies to AT&T's customers. If the software package includes a "break the seal" license agreement in the package containing the software, AT&T may transfer the package to its customer without altering the package or its contents and the license agreement will be between Seller and the customer. If the software does not contain a "break the seal" license agreement or if AT&T opens the package for installation of the Software prior to resale, AT&T will license the software to its customers pursuant to its standard terms and conditions.
