Modification of Software. 8.1 The Customer must not modify or alter the software in the Licensed System or merge all or any part of the Licensed System with any other software without Pentana Solutions' written permission.
8.2 If the software in the Licensed System is modified or altered by the Customer with the permission of Pentana Solutions pursuant to subclause 8.1:
(a) the costs associated with the modifications or alterations or the costs arising out of the investigation of the effects of proposed modifications or alterations will be borne solely by the Customer; and
(b) the Customer will fully indemnify against all liability which may be incurred by Pentana Solutions if such modifications or alterations infringe any Intellectual Property Rights of a third person or otherwise cause Pentana Solutions to suffer loss, damages or expense.
8.3 The Licensed System, Base Product, API or SaaS as modified or altered remains the property of Pentana Solutions in all respects, whether modified by the Customer, Pentana Solutions or a third party and whether or not authorised pursuant to this Agreement. Specifically, the Customer must if necessary assign to Pentana Solutions all Intellectual Property Rights arising out of any modifications to the Licensed System.
8.4 This Agreement applies to the Licensed System as modified or altered.
8.5 The Licensee must execute such documents and perform such other acts as are necessary in order to give effect to subclause 8.3.
8.6 Pentana Solutions is not required to provide support services in respect of Licensed System which has been modified by the Customer, but may at its sole discretion elect to do so for an Extra Charge.
Modification of Software. Any change to the Software Source Code that changes the source digital signature or the compiled binary image.
Modification of Software. All of the user jurisdictions who participate in the
Modification of Software. 11.1. The Company may, at its sole discretion, make any changes, modifications, upgrades (hereinafter in this Article, the “Modification”) of the Software including but not limited to any portions or features. For Modification that, in the Company's reasonable discretion, is detrimental or may result in a material diminishment of value to the User, the Company will make reasonable commercial efforts to notify the User of the Modification in advance.
11.2. The User shall endeavor to install and use the latest version of the Software in the event of any Modification of the Software. In no event shall the Company be liable for any damages or costs incurred by the User or any third party, or for any dispute with a third party, due to the User not updating to the latest version.
Modification of Software. 9.1 In the event that Limelight agrees to modify the Software at Your request, unless otherwise agreed in writing, You shall pay the cost of such modification.
Modification of Software. 9.1 In the event that Xxxxxxxxx agrees to modify the Software at Your request, unless otherwise agreed in writing, You shall pay the cost of such modification.
Modification of Software. Any modifications or revisions to the Software, including development of custom software (“Custom Software”), performed by Primal shall be subject to the terms and conditions specified in this Agreement and the Professional Services section of the applicable Schedule. To the extent any modifications or revisions to the Software, including development of Custom Software, is requested by Licensee after the Effective Date, a separate Schedule, Amendment to this Agreement or Custom Software Agreement shall be executed by the Parties. For purposes of clarity, and subject to Section 15, Licensee shall not, and shall have no right to, modify, revise, or otherwise create derivative works from the Software.
Modification of Software. Client may modify any Unisys application Software and may combine such Software with other programs or materials to form an updated work, provided that upon discontinuance of use or termination of the license, the Unisys application Software will be removed from the updated work and returned to Unisys. Client will not modify Software which bears a copyright notice of any third party without the express agreement of the copyright owner.
Modification of Software. Customer may not materially modify, change, or alter the Phoenix System or data base structure without Phoenix's prior written consent. In the event Customer makes any modification of the Phoenix System or data base structure, Phoenix shall have no liability to Customer or any third party as a result therefrom and the performance standards otherwise provided for herein shall not apply.
