Licenses to Software and Documentation Sample Clauses

Licenses to Software and Documentation. 24 8.1 Application Software and Documentation Licenses 24 8.2 Replacement Equipment. 26 9. STATE OWNERSHIP 26 10. IMPLEMENTATION. 26 10.1 Implementation. 26 10.2 Conversion 26 10.3 Training 26 11. PDA PURCHASES. 26 11.1 Availability 26 11.2 Notice to State of System Software Changes 27 12. WARRANTIES. 27 12.1 Deliverables 27 12.2 Services. 27 12.3 Intellectual Property Rights. 28 12.4 Legal and Regulatory Compliance 28 12.5 Compatibility 29 12.6 Performance Standards 29 12.7 Date/Time Compliance Warranty. 29 12.8 No Surreptitious Code. 29 12.9 Physical Media Warranty 30 12.10 Power and Authority 30 12.11 Registration 30 12.12 Safety and Health 30 12.13 Written Commitments 30 12.14 Manufacturers’ Warranties 31 12.15 Authorization 31 12.16 Ability To Perform 31 12.17 Disclaimers 32 13. WARRANTY SERVICES AND MAINTENANCE SERVICES. 32 13.1 General Responsibilities 32 13.2 Inquiry Assistance 32 13.3 Additional Assistance. 33 13.4 Database 33 13.5 Deficiency Reports 33 13.6 Enhancements. 34 13.7 Exclusion. 34 13.8 Performance Standard Measurement 34 13.9 Continuous Improvement. 34 14. DISPUTE RESOLUTION. 34 14.1 Good Faith Efforts 34 14.2 Continued Performance 35 15. CHANGES. 35 15.1 State Issuance of Change Requests 35 15.2 Contractor Response to Change Request 35 15.3 Contractor Submission of Change Request 35 15.4 Mutual Agreement on Change Order 35 15.5 Disagreement 36 15.6 Termination 36 16. LETTER OF CREDIT 36 17. ADDITIONAL RIGHTS AND REMEDIES. 36 17.1 Liquidated Damages. 36 17.2 Withholding Payments 37 17.3 Reductions in Payments Due 37 17.4 Substitute. 37 17.5 Holdback 37 17.6 Right to Assurance 37 17.7 Suspension Due to Breach 38 17.8 Guaranty 38 17.9 Suspension for Convenience 38 18. INSURANCE. 39 18.1 General 39 18.2 Worker’s Compensation Coverage 39 18.3 Subcontractors 39 18.4 Premiums 40 18.5 Cancellation 40 18.6 Insurance Documents 40 18.7 Increased Coverage 40 18.8 Subrogation 40 18.9 Cross-Liability 40
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Licenses to Software and Documentation 

Related to Licenses to Software and Documentation

  • Software and Documentation Licensee may make as many copies of the Software necessary for it to use the Software as licensed. Each copy of the Software made by Licensee must contain the same copyright and other notices that appear on the original copy. Licensee will not modify the Documentation. Documentation may: (a) only be used to support Licensee’s use of the Software; (b) not be republished or redistributed to any unauthorized third party; and (c) not be distributed or used to conduct training for which Licensee, or any other party, receives a fee. Licensee will not copy any system schema reference document related to the Software.

  • Software Licenses Seller has all necessary licenses to use all material third-party software used in Seller's business, and Seller's use of third-party software does not infringe the rights of any Person.

  • Licensed Documentation If commercially available, Licensee shall have the option to require the Contractor to deliver, at Contractor’s expense: (i) one (1) hard copy and one (1) master electronic copy of the Documentation in a mutually agreeable format; (ii) based on hard copy instructions for access by downloading from the Internet

  • Hardware and Software In order to use the Services, you must obtain and maintain, at your expense, compatible hardware and software as specified by Credit Union from time to time. Credit Union is not responsible for any third party software you may need to use the Services. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at time of download and installation.

  • Intellectual Property; Software Other than as set forth on Schedule 5.12: (a) There are no Copyrights, Patent Rights and Trademarks (including any assumed or fictitious names used by the Company within the previous two (2) years) owned by or licensed to the Company. (b) There is no Software owned by or licensed to the Company except for mass market Software licensed to the Company that is commercially available and subject to “shrink-wrap” or “click-through” license agreements. (c) The Company is not a party to Contracts which relate to: (i) any Copyrights, Patent Rights or Trademarks; (ii) any Trade Secrets owned by or licensed to the Company; and (iii) any Software, other than market Software licensed to the Company that is commercially available and subject to “shrink-wrap” or “click-through” license agreements. (d) The Company owns the entire right, title and interest in and to, or has the valid and enforceable right to use, the Intellectual Property and Software used in the Business as currently conducted, and to the Knowledge of Seller there is no other Intellectual Property necessary for the Company to conduct the Business as currently conducted. (i) No infringement, misappropriation or violation of any Intellectual Property, or any rights of publicity or privacy relating to the use of names, likenesses, voices, signatures or biographical information, of any other Person has occurred or results in any way from the operation of the Business or the use, sale or distribution of any Intellectual Property owned by or licensed exclusively to the Company; (ii) no claim of any infringement, misappropriation, violation or dilution of any Intellectual Property or any such rights of any other Person has been made or asserted in respect of the operation of the Business; (iii) no claim of invalidity of any Intellectual Property owned by the Company has been made by any other Person; (iv) no Proceedings are pending or, to the Knowledge of Seller, threatened that challenge the validity, ownership or use of any Intellectual Property owned by the Company; (v) the Company has not had notice of, and, to the Knowledge of Seller, there is no basis for, a claim against the Company that the operations, activities, products, Software, equipment or processes of the Business infringe, misappropriate, violate or dilute any Intellectual Property or any such rights of any other Person; and (vi) to the Knowledge of Seller, no Person infringes, misappropriates or violates any Intellectual Property owned or exclusively licensed by or to Seller, in each case except as could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

  • Technical Documentation Prior to commencement of the Tests on Completion, the Contractor shall supply to the Engineer the technical documentation as specified in the Employer’s Requirements. The Works or Section shall not be considered to be completed for the purposes of taking- over under sub-clause 10.1 [Taking Over of the Works and Sections] until the Engineer has received the technical documentation as defined in this sub-clause 5.7, the "history file" including design calculations and certain certification as well as any other documents required to meet the CE Marking requirements.

  • Software License Agreement 1) Customers acquiring software licenses under the Contract shall hold, use and operate such software subject to compliance with the Software License Agreement set forth in Appendix D of this Contract. No changes to the Software License Agreement terms and conditions may be made unless previously agreed to between Vendor and DIR. Customers may not add, delete or alter any of the language in Appendix D; provided however, that a Customer and Vendor may agree to additional terms and conditions that do not diminish a term or condition in the Software License Agreement, or in any manner lessen the rights or protections of Customer or the responsibilities or liabilities of Vendor. Order Fulfiller shall make the Software License Agreement terms and conditions available to all Customers at all times. 2) Compliance with the Software License Agreement is the responsibility of the Customer. DIR shall not be responsible for any Customer’s compliance with the Software License Agreement. If DIR purchases software licenses for its own use under this Contract, it shall be responsible for its compliance with the Software License Agreement terms and conditions.

  • Software License The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.

  • Third Party Software 1. The Software may contain third party software that requires and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions are located at xxxx://xxx.xxxxxxxxx.xxx/thirdparty/index.html and are made a part of and incorporated by reference into this XXXX. By accepting this XXXX, You are also accepting the additional terms and conditions, if any, set forth therein.

  • End User License Agreement This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License. xxxx://xxxxxxxxxxxxxxx.xxx/licenses/by-nc-nd/3.0/ You are free to: Share: to copy, distribute and transmit the work Under the following conditions: Attribution: You must attribute the work in the manner specified by the author (but not in any way that suggests that they endorse you or your use of the work).

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