Common use of Lists Clause in Contracts

Lists. If End User has licensed Software that includes a subscription service to regularly update signatures to identify Internet traffic, lists or feeds (collectively, “Lists”), the following additional terms shall apply: a. End User acknowledges that the applicable Software utilizes certain Lists which may be licensed by Sandvine or from various third party providers. If End User subscribes to Sandvine’s subscription services (the “Subscription Service”) and pays the applicable fees, regular updates to the Lists will be made available for the subscription period. The Subscription Service must be subscribed for annually together with End User’s annual enrollment in Support and Maintenance Services in respect of the applicable Software and the annual subscription period shall commence from the date of shipment or delivery of the applicable Software to End User. End User may choose not to renew its annual subscription to the Subscription Service and shall be entitled to continue to use the last version of the Lists then installed prior to expiry of the then current subscription period. Unless cancelled at the time of renewal of annual Support and Maintenance Services, the Subscription Service will be automatically renewed on an annual basis. End User acknowledges that the Subscription Service is provided to keep the Lists up to date and that, if End User does not subscribe to the Subscription Service: (a) the version of the Lists used by End User may quickly become out of date, obsolete and ineffective; (b) the End User uses the Lists at their own risk; and (c) Sandvine provides no warranty relating to the List and accepts no liability in relation to End User’s use of the Lists. b. For greater certainty, Xxxxxxxx confirms that Support and Maintenance Services provided in respect of the applicable Software does not include the Lists or updates to the Lists and such updates are only available through purchase of the Subscription Service on a continuous basis. For the purposes of this Agreement, the “Lists” shall not constitute Software. c. End User is licensed to use the Lists solely for their own internal use in connection with the applicable Software and for no other purpose. End User may not transfer, rent, lease or sublease the Lists or allow a third party to do so. End User expressly agrees that it will not, nor will it assist others to: (a) make unauthorized copies of all or any portion of the Lists, or (b) sell, sublicense, distribute, rent or lease the Lists in any manner. d. Sandvine will use commercially reasonable efforts to provide regular updates based on the specific List requirements. Sandvine reserves the right not to renew the subscription for a List at its sole discretion.

Lists. If End User has licensed Software that includes a subscription service to regularly update signatures to identify Internet traffic, lists or feeds (collectively, “Lists”), the following additional terms shall apply: a. End User acknowledges that the applicable Software utilizes certain Lists which may be licensed by Sandvine or from various third party providers. If End User subscribes to Sandvine’s subscription services (the “Subscription Service”) and pays the applicable fees, regular updates to the Lists will be made available for the subscription period. The Subscription Service must be subscribed for annually together with End User’s annual enrollment in Support and Maintenance Services in respect of the applicable Software and the annual subscription period shall commence from the date of shipment or delivery of the applicable Software to End User. End User may choose not to renew its annual subscription to the Subscription Service and shall be entitled to continue to use the last version of the Lists then installed prior to expiry of the then current subscription period. Unless cancelled at the time of renewal of annual Support and Maintenance Services, the Subscription Service will be automatically renewed on an annual basis. End User acknowledges that the Subscription Service is provided to keep the Lists up to date and that, if End User does not subscribe to the Subscription Service: (a) the version of the Lists used by End User may quickly become out of date, obsolete and ineffective; (b) the End User uses the Lists at their own risk; and (c) Sandvine provides no warranty relating to the List and accepts no liability in relation to End User’s use of the Lists. b. For greater certainty, Xxxxxxxx Sandvine confirms that Support and Maintenance Services provided in respect of the applicable Software does not include the Lists or updates to the Lists and such updates are only available through purchase of the Subscription Service on a continuous basis. For the purposes of this Agreement, the “Lists” shall not constitute Software. c. End User is licensed to use the Lists solely for their own internal use in connection with the applicable Software and for no other purpose. End User may not transfer, rent, lease or sublease the Lists or allow a third party to do so. End User expressly agrees that it will not, nor will it assist others to: (a) make unauthorized copies of all or any portion of the Lists, or (b) sell, sublicense, distribute, rent or lease the Lists in any manner. d. Sandvine will use commercially reasonable efforts to provide regular updates based on the specific List requirements. Sandvine reserves the right not to renew the subscription for a List at its sole discretion.

Lists. If End User has licensed Software that includes a subscription service to regularly update signatures to identify Internet traffic, updated lists or feeds (collectively, “Lists”), the following additional terms shall apply: a. End User acknowledges that the applicable Software utilizes certain Lists which may be are licensed by Sandvine or from various third party providers. If End User subscribes to Sandvine’s subscription services (the “Subscription Service”) and pays the applicable fees, regular updates to the Lists will be made available for the subscription periodavailable. The Subscription Service must be subscribed for annually together with as part of End User’s annual enrollment in Support and Maintenance Services in respect of the applicable Software and the annual subscription period shall commence from the date of shipment or delivery of the applicable Software to End User. End User may choose not to renew its annual subscription to the Subscription Service and shall be entitled to continue to use the last version of the Lists then installed prior to expiry of the then current subscription period. Unless cancelled at the time of renewal of annual Support and Maintenance Services, the Subscription Service will be automatically renewed on an annual basis. End User acknowledges that the Subscription Service is provided to keep the Lists up to date and that, if End User does not subscribe to the Subscription Service: (a) , the version of the Lists used by End User may quickly become out of date, obsolete and ineffective; (b) the End User uses the Lists at their own risk; and (c) Sandvine provides no warranty relating to the List and accepts no liability in relation to End User’s use of the Lists. b. For greater certainty, Xxxxxxxx Sandvine confirms that Support and Maintenance Services provided in respect of the applicable Software does not include the Lists or updates to the Lists and such updates are only available through purchase of the Subscription Service on a continuous basis. For the purposes of this Agreement, the “Lists” shall not constitute Software. c. End User is licensed to use the Lists solely for their own internal use in connection with the applicable Software and for no other purpose. End User may not transfer, rent, lease or sublease the Lists or allow a third party to do so. End User expressly agrees that it will not, nor will it assist others to: (a) make unauthorized copies of all or any portion of the Lists, or (b) sell, sublicense, distribute, rent or lease the Lists in any manner. d. Sandvine will use commercially reasonable efforts to provide regular updates based on the specific List requirements. Sandvine reserves the right not to renew the subscription for a List at its sole discretion.

Lists. If End User has licensed Software that includes a subscription service to regularly update signatures Signatures to identify Internet traffic, lists or feeds (collectively, “Lists”), the following additional terms shall apply: a. End User acknowledges that the applicable Software utilizes certain Lists which ) may be licensed by Sandvine or from various third party providersused in conjunction with App QoE Software. If End User subscribes to Sandvine’s subscription services Lists (the “Subscription ServiceList Subscription”) ), the following terms shall apply: i. Certain Lists may be provided by Xxxxxxxx or by third party providers and pays the intellectual property rights shall remain the exclusive property of the applicable fees, regular updates to the Lists will be made available for the subscription periodthird party provider and End User acquires no ownership rights therein; ii. The Subscription Service must be subscribed for annually together with End User’s annual enrollment in App QoE Software and Support and Maintenance Services in respect do not include Lists (or updates to Lists) and End Users must separately subscribe for access to Lists on a continuous basis; iii. Use of the applicable Software and the annual subscription period shall commence from the date of shipment or delivery of the applicable Software to Lists is at End User. End User may choose not to renew its annual subscription to the Subscription Service ’s own risk and shall be entitled to continue to use the last version of the Lists then installed prior to expiry of the then current subscription period. Unless cancelled at the time of renewal of annual Support and Maintenance Services, the Subscription Service will be automatically renewed on an annual basis. End User acknowledges that the Subscription Service is provided to keep the Lists up to date and that, if End User does not subscribe to the Subscription Service: (a) the version of the Lists used by End User may quickly become out of date, obsolete and ineffective; (b) the End User uses the Lists at their own risk; and (c) Sandvine provides no warranty relating to the List Lists and accepts no liability in relation to End User’s use of the Lists.; b. For greater certainty, Xxxxxxxx confirms that Support and Maintenance Services provided in respect of the applicable Software does not include the Lists or updates to the Lists and such updates are only available through purchase of the Subscription Service on a continuous basisiv. For the purposes of this Agreement, the “Lists” shall not constitute Software. c. End User is licensed to use the Lists solely for their its own internal use in connection with the applicable its use of App QoE Software and for no other purpose. End User may not transfer, rent, lease or sublease the Lists or allow a third party to do so. End User expressly agrees that it will not, nor will it assist others to: (aA) make unauthorized copies of all or any portion of the Lists, or (bB) sell, sublicense, distribute, rent or lease the Lists in any manner.; d. v. If End User subscribes to a List and pays the applicable fees, regular updates to the Lists will be made available during the applicable List Subscription period. The frequency of updates to Lists may vary depending on the level of service licensed by the End User. The List Subscription is required to keep the Lists up to date and, if End User does not have a List Subscription, the version of the List used by End User may quickly become out of date, obsolete and ineffective; vi. End User must be enrolled for Support and Maintenance Services for the applicable List Subscription period; vii. Sandvine will use commercially reasonable efforts to provide regular updates based on the specific List requirements. Sandvine reserves the right to vary a List, or to not to renew the subscription for a List List, at its sole discretion; viii. List Subscriptions shall be for one (1) year periods; and ix. If End User chooses not to renew its List Subscription, End User shall: (A) be entitled to continue to use the version of a “signature update” List last installed prior to the List Subscription period expiring; and (B) not be entitled to continue to use any “third party” List after the List Subscription period expires.

Lists. If End User has licensed Software that includes a subscription service to regularly update signatures to identify Internet traffic, updated lists or feeds (collectively, “Lists”), the following additional terms shall apply: a. End User acknowledges that the applicable Software utilizes certain Lists which may be are licensed by Sandvine or from various third party providers. If End User subscribes to Sandvine’s subscription services (the “Subscription Service”) and pays the applicable fees, regular updates to the Lists will be made available for the subscription periodavailable. The Subscription Service must be subscribed for annually together with as part of End User’s annual enrollment in Support and Maintenance Services in respect of the applicable Software and the annual subscription period shall commence from the date of shipment or delivery of the applicable Software to End User. End User may choose not to renew its annual subscription to the Subscription Service and shall be entitled to continue to use the last version of the Lists then installed prior to expiry of the then current subscription period. Unless cancelled at the time of renewal of annual Support and Maintenance Services, the Subscription Service will be automatically renewed on an annual basis. End User acknowledges that the Subscription Service is provided to keep the Lists up to date and that, if End User does not subscribe to the Subscription Service: (a) the version of the Lists used by End User may quickly become out of date, obsolete and ineffective; (b) the End User uses the Lists at their own risk; and (c) Sandvine provides no warranty relating to the List and accepts no liability in relation to End User’s use of the Lists. b. For greater certainty, Xxxxxxxx Sandvine confirms that Support and Maintenance Services provided in respect of the applicable Software does not include the Lists or updates to the Lists and such updates are only available through purchase of the Subscription Service on a continuous basis. For the purposes of this Agreement, the “Lists” shall not constitute Software. c. End User is licensed to use the Lists solely for their own internal use in connection with the applicable Software and for no other purpose. End User may not transfer, rent, lease or sublease the Lists or allow a third party to do so. End User expressly agrees that it will not, nor will it assist others to: (a) make unauthorized copies of all or any portion of the Lists, or (b) sell, sublicense, distribute, rent or lease the Lists in any manner. d. Sandvine will use commercially reasonable efforts to provide regular updates based on the specific List requirements. Sandvine reserves the right not to renew the subscription for a List at its sole discretion.

Lists. If End User has licensed Software that includes a subscription service subscribes to regularly update signatures to identify Internet traffic, lists or feeds (collectively, “Lists”), the following additional terms shall apply: a. End User acknowledges that the applicable certain Software utilizes may utilize certain Lists which may be licensed by Sandvine or from various third party providers. b. Software licenses and Support and Maintenance Services do not include Lists and End Users must separately subscribe to List Subscriptions. Notwithstanding the foregoing, Sandvine may make available certain Software licenses that expressly include access to Lists together with the Software license, in which case Sandvine will expressly state that the List is included with the Software license on a Sandvine Quotation or Sandvine with otherwise specify that the List is included with the Software license in writing for the particular solution comprising the Software license and List. c. If End User subscribes to Sandvine’s subscription services a List (the “Subscription ServiceList Subscription”) and pays the applicable fees, regular updates to the Lists will be made available for the subscription applicable List Subscription period. The Subscription Service frequency of updates to Lists may vary depending on the level of service licensed by the End User. d. The End User must be subscribed enrolled for annually together with End User’s annual enrollment in Support and Maintenance Services in respect of the applicable Software and the annual subscription period shall commence from the date of shipment or delivery of for the applicable Software List Subscription period. e. List Subscriptions shall be for one (1) year, unless another List Subscription period is expressly set out in a Sandvine Quotation, where applicable, or Sandvine specifies otherwise in writing for the particular List Subscription. Sandvine may provide at least six (6) months advance written notice of an increase to End Userthe List Subscription fee applicable to the next renewal period for a List Subscription. End User may choose agrees to pay the additional fees applicable for any new or additional licenses required by End User for List Subscriptions. If the End User does not agree to the increase, then End User must provide Sandvine with at least three (3) months advance written notice that the End User wishes to terminate the List Subscription at the end of the current List Subscription period. If Sandvine receives such a termination notice from the End User, then the List Subscription will expire at the end of the current List Subscription period. If Sandvine does not receive such a termination notice from the End User, then the List Subscription will automatically renew for another List Subscription period of the same duration as the original List Subscription period and the End User will pay the List Subscription fee as notified by Sandvine. f. If the End User chooses not to renew its annual subscription to List Subscription, the Subscription Service and shall End User shall: (A) be entitled to continue to use the last installed version of the Lists then installed a “signature update” List prior to expiry of the then current subscription List Subscription period. Unless cancelled at ; and (B) not be entitled to continue to use any “third party” List after the time expiry of renewal of annual Support and Maintenance Services, the List Subscription Service will be automatically renewed on an annual basis. Period. g. End User acknowledges that the List Subscription Service is provided to keep the Lists up to date and that, if End User does not subscribe to the Subscription Service: List Subscription: (a) the version of the Lists used by End User may quickly become out of date, obsolete and ineffective; (b) the End User uses the Lists at their own risk; and (c) Sandvine Xxxxxxxx provides no warranty relating to the List and accepts no liability in relation to End User’s use of the Lists. b. For greater certainty, Xxxxxxxx h. Sandvine confirms that Support and Maintenance Services provided in respect of the applicable Software does not include the Lists or updates to the Lists and such updates Lists are only available through purchase of the List Subscription Service on a continuous basis. For the purposes of this Agreement, the “Lists” shall not constitute Software. c. i. End User is licensed to use the Lists solely for their own internal use in connection with the applicable Software and for no other purpose. End User may not transfer, rent, lease or sublease the Lists or allow a third party to do so. End User expressly agrees that it will not, nor will it assist others to: (a) make unauthorized copies of all or any portion of the Lists, or (b) sell, sublicense, distribute, rent or lease the Lists in any manner. d. j. Sandvine will use commercially reasonable efforts to provide regular updates based on the specific List requirements. Sandvine reserves the right to vary a List, or to not to renew the subscription for a List List, at its sole discretion.