Nature of the Software Sample Clauses

Nature of the Software. The Software is commercially licensed software. It is not open-source, freeware or shareware.
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Nature of the Software. 7.1 On-premise software The Software is an on-premise software that requires its installation in Licensee’s compatible computing systems (the “Systems”) which must comply with the necessary minimum specifications set out in the Instructions (the “ Software Technical Requirements”). It is the Licensee’s sole responsibility that the System complies with said requirements. The Licensor disclaims any liability for any incidence or malfunction of the Software that may arise as a consequence of the Systems or the integration of the Software thereto. The Licensee acknowledges and accepts that some of the features of the Software may not be fully operational due to the characteristics of the Systems. The Licensee shall be solely responsible for adopting appropriate security measures to protect the Software at the Location. The Licensor shall in no event be liable for the adequacy of such measures and the impact they may have on the Software. In any case, the Licensee shall immediately notify the Licensor of any security incidents relating to the Software of which it may become aware and keep the Licensor harmless of any damages or prejudices arising therefrom. 7.2 Open source software In the event that the Software contains components provided by third parties under an open source software licensing model, these will be identified following the terms set therein.
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Nature of the Software. The KNIME Software offers a platform that Customer can use – depending on the concrete scope of the selected software – to create its own data science applications, services, solutions, and information. It is Customer's responsibility to ensure that the use of applications, services, solutions, and information developed by the Customer via the platform does not have any negative effects for the Customer.
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Nature of the Software. 2.1 The Software is commercially licensed software and not open-source, freeware or shareware. The first month following the commencement of the License Agreement shall be a trial period (the “Trial Period”). Following the Trial Period, the licence fee for every month of Use of the Software in accordance with this Licence Agreement is an amount payable every month in advance of the applicable month, and has been or shall be agreed between the Licensee and the Licensor (“Monthly License Fee”). In the event a Monthly License Fee is not agreed between the Licensee and the Licensor, and has not been paid by the Licensee to the Licensor prior to the first month of Use after the Trial Period, the Licensee’s access to the Software and the License Agreement shall be suspended until the Monthly License Fee is agreed and paid, and if none is agreed within a reasonable time in the discretion of the Licensor, the License Agreement shall be terminated by the Licensor. The Monthly License Fee shall be invoiced monthly in advance, and shall become due and payable within a reasonable time following any such invoice, but at all times prior to the commencement of the month of Use to which the Monthly Payment Fee payment applies. 2.2 The Licensee shall notify the Licensor in writing of any dispute with any invoice (along with all relevant details regarding the dispute) within 5 days from the date of invoice. Invoices for which no such timely notification is received shall be deemed accepted by the Licensee as true and correct. All undisputed late payments shall bear interest at the lesser of the rate of 1.5% per month or the highest rate permissible under applicable law, calculated daily and compounded monthly. In addition to all other remedies available under this Agreement or at law (which the Licensor does not waive by the exercise of any rights hereunder), the Licensor shall be entitled to suspend the Licensee's use of the Licensed Software indefinitely if the Licensee fails to pay any amount when due hereunder and such failure continues for 4 days from the due date.
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Nature of the Software. The Software is commercially licensed software. It is not open-source, freeware or shareware. The Licensor may demand a licence fee for Use of the Software in accordance with this Licence Agreement and only the Licensor may waive payment for the software.
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Nature of the Software. System Environment The nature of the Software shall be based exclusively on the Order Form / the order confirmation in connection with the documentation to the Software in its version available at conclusion of the Agreement. The Customer shall make available the system environment in accordance with the requirements in the Order Form / order confirmation or the CoL and the related documentation. The Customer shall install the Software itself and shall configure it.
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Nature of the Software. The Software is commercially licensed software. It is not open-source, freeware or shareware. The licence fee payable for Use of the Software in accordance with this Licence Agreement is listed on the product purchase web page at xxxxx://xxx.xxxxxxxxxxxxxxxx.xxx/download-buy.php. 2.1 The Software contains Third Party Software Components that require notices and/or additional terms and conditions. The notices and/or additional terms and conditions can be found at: xxxxx://xxx.xxxxxxxxxxxxxxxx.xxx/help/open-source- licenses.html.
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Related to Nature of the Software

  • Use of the Software TO THE EXTENT OF A CONFLICT BETWEEN THE PROVISIONS OF THE FOREGOING DOCUMENTS, THE ORDER OF PRECEDENCE SHALL BE (1)THE SIGNED CONTRACT, (2) THE CLICK-ACCEPT AGREEMENT OR THIRD PARTY LICENSE AGREEMENT, AND

  • Use of the Services 1.1 We will make the Oracle services listed in Your order (the “Services”) available to You pursuant to this Agreement and Your order. Except as otherwise stated in this Agreement or Your order, You have the non- exclusive, worldwide, limited right to use the Services during the period defined in Your order, unless earlier terminated in accordance with this Agreement or Your order (the “Services Period”), solely for Your internal business operations. You may allow Your Users (as defined below) to use the Services for this purpose, and You are responsible for their compliance with this Agreement and Your order. 1.2 The Service Specifications describe and govern the Services. During the Services Period, we may update the Services and Service Specifications (with the exception of the Data Processing Agreement as described below) to reflect changes in, among other things, laws, regulations, rules, technology, industry practices, patterns of system use, and availability of Third Party Content (as defined below). Oracle updates to the Services or Service Specifications will not materially reduce the level of performance, functionality, security or availability of the Services during the Services Period of Your order. 1.3 You may not, and may not cause or permit others to: (a) use the Services to harass any person; cause damage or injury to any person or property; publish any material that is false, defamatory, harassing or obscene; violate privacy rights; promote bigotry, racism, hatred or harm; send unsolicited bulk e-mail, junk mail, spam or chain letters; infringe property rights; or otherwise violate applicable laws, ordinances or regulations; (b) perform or disclose any benchmarking or availability testing of the Services; (c) perform or disclose any performance or vulnerability testing of the Services without Oracle’s prior written approval, or perform or disclose network discovery, port and service identification, vulnerability scanning, password cracking or remote access testing of the Services; or (d) use the Services to perform cyber currency or crypto currency mining ((a) through (d) collectively, the “Acceptable Use Policy”). In addition to other rights that we have in this Agreement and Your order, we have the right to take remedial action if the Acceptable Use Policy is violated, and such remedial action may include removing or disabling access to material that violates the policy.

  • 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.

  • SERVICE MONITORING, ANALYSES AND ORACLE SOFTWARE 11.1 We continuously monitor the Services to facilitate Oracle’s operation of the Services; to help resolve Your service requests; to detect and address threats to the functionality, security, integrity, and availability of the Services as well as any content, data, or applications in the Services; and to detect and address illegal acts or violations of the Acceptable Use Policy. Oracle monitoring tools do not collect or store any of Your Content residing in the Services, except as needed for such purposes. Oracle does not monitor, and does not address issues with, non-Oracle software provided by You or any of Your Users that is stored in, or run on or through, the Services. Information collected by Oracle monitoring tools (excluding Your Content) may also be used to assist in managing Oracle’s product and service portfolio, to help Oracle address deficiencies in its product and service offerings, and for license management purposes. 11.2 We may (i) compile statistical and other information related to the performance, operation and use of the Services, and (ii) use data from the Services in aggregated form for security and operations management, to create statistical analyses, and for research and development purposes (clauses i and ii are collectively referred to as “Service Analyses”). We may make Service Analyses publicly available; however, Service Analyses will not incorporate Your Content, Personal Data or Confidential Information in a form that could serve to identify You or any individual. We retain all intellectual property rights in Service Analyses. 11.3 We may provide You with the ability to obtain certain Oracle Software (as defined below) for use with the Services. If we provide Oracle Software to You and do not specify separate terms for such software, then such Oracle Software is provided as part of the Services and You have the non-exclusive, worldwide, limited right to use such Oracle Software, subject to the terms of this Agreement and Your order (except for separately licensed elements of the Oracle Software, which separately licensed elements are governed by the applicable separate terms), solely to facilitate Your use of the Services. You may allow Your Users to use the Oracle Software for this purpose, and You are responsible for their compliance with the license terms. Your right to use any Oracle Software will terminate upon the earlier of our notice (by web posting or otherwise) or the end of the Services associated with the Oracle Software. Notwithstanding the foregoing, if Oracle Software is licensed to You under separate terms, then Your use of such software is governed by the separate terms. Your right to use any part of the Oracle Software that is licensed under the separate terms is not restricted in any way by this Agreement.

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