OEM License. 4.4.1 Grants under the OEM License Through an OEM License, Highsoft grants Licensee a non-exclusive, perpetual (for applicable Releases), non-reusable, worldwide right to install, reproduce, use, sublicense and further develop Licensed Software as an integral part of a Licensee Product, provided that such Licensee Product be supplied to Third Party through a Customer Installation, with or without the right for Licensee’s customers to work with the API and/or source code of the Licensed Software (“Developer Rights”), dependent on Licensee’s choice as specified in License Statement. The authorization to sublicense Licensed Software only applies when and as long as such Licensed Software lawfully is incorporated with Licensee Product supplied to Third Party in accordance with this Agreement.
4.4.2 Limitations to the OEM License Licensee acknowledges, accepts, and undertakes to ensure that the actual number of Licensee Products and Customer Installations, with or without Developer Rights, shall not at any time exceed the total number of Licensee Products and Customer Installations selected by Licensee upon purchase of the License and specified in the License Statement. Licensed Software may only be incorporated into such Licensee Products as expressly identified and approved by Highsoft in the License Statement. Licensee shall be prohibited from reselling any Licensee Product or otherwise from granting its customers permission to use the Licensed Software, in any manner that contradicts the terms and restrictions of this Agreement or the License(s) granted hereunder.
4.4.3 Optional addition of Websites, Internal Applications, SaaS Application(s) and/or Web Application(s) to the OEM License Licensee may, subject to an additional fee, choose to customize the OEM License by adding the usage rights granted under the Internal License, SaaS License or SaaS+ License. By doing so, depending on the chosen additions to the OEM License, Licensee will be authorized to use the Licensed Software as such on any websites (public or private) and Internal Applications, to incorporate Licensed Software into the number of SaaS Application and/or Web Application as specified by Licensee and approved by Highsoft in the License Statement.
OEM License. Through an OEM License, Highsoft grants Licensee a non-exclusive, perpetual (for applicable Major Release), sublicensable, non-reusable, worldwide right to install, reproduce, use and further develop Software as an integral part of a Licensee Product, provided that such Licensee Product be supplied to Third Party through either a Customer Installation, a Customer Installation with Developer Rights and/or with Content Creator Rights, dependent on Licensee’s choice as specified in License Statement. Sublicensing of Software is only allowed when incorporated with Licensee Product supplied to Third Party in accordance with this Agreement. Software shall only be incorporated into such Licensee Products as specified in the License Statement. Licensee is prohibited from reselling any Licensee Product in any manner that will infringe this License Agreement. Licensee is prohibited from granting its customers permission to use the Software in a manner that contradicts the terms of this Agreement. Highsoft acknowledges and agrees that (i) Licensee retains all rights, title and interest in and to any Licensee Product, and Highsoft does not acquire any right, title, or interest in or to such product; and (ii) any integration of Software with Licensee Product shall not affect or diminish Licensee’s rights, title, and interest in and to such Licensee Product.
OEM License. 5.1.8.1. Licensed for use on an unlimited number of Servers;
5.1.8.2. Licensed for use by an unlimited number of Developers;
5.1.8.3. Licensed for use by an unlimited number of Users.
5.1.8.4. Licensed to embed in and distribute as part of a single custom application that adds significant and primary functionality over the Product and is not merely a set or subset of the functionality provided by the Product.
OEM License. Through an OEM License, Rocketfarm grants Licensee a non-exclusive, sublicensable, worldwide right to use the Software, solely for the purpose to install, integrate and use the Software as an integral part of Licensee’s own Product, during the term of this Agreement. The License granted herein shall be non-transferable, except where Software is integrated in a Product and the Product is transferred by Licensee to Licensee’s End Customer and provided the Licensee’s End-User Agreement contains, as a minimum, the following regulations:
i. It shall be expressly stated that Rocketfarm, acting as Licensee’s supplier, disclaim any and all liability for consequential loss and other indirect damages and implied warranties, including the implied warranties of non-infringement, merchantability and fitness for a particular purpose.
ii. It shall be stated that Licensee’s End Customer shall not be authorized to use Rocketfarm’s Software separately from the Product to which the Software forms an integral part. Further, the License granted herein shall be non-sublicensable, except where sublicensed to Licensee’s Affiliates, provided the Licensee’s agreement with Licensee’s Affiliate contains a limitation on sub-licensing to the same effect. Once an integration in a Product has occurred and the Product has been transferred, then the License shall, with respect to that particular Product, be considered perpetual, provided that the applicable running license fee continues to be paid. At cessation of such payment of the particular Product or upon termination of the License as it pertains to such specific Product according to clause 11.2, the License will irrevocably cease for such Product. Aside from this, all other limitations shall apply.
OEM License. ¹ An OEM license authorizes the Licensee to integrate the licensed software into one of the Licensee’s software products which is used by the Licensee’s customers.
OEM License. If you acquired the Software bundled or otherwise provided in combination with or for use with a third party product ("OEM Application"), you have acquired a Restricted OEM License. You may use each licensed copy of the Software only in conjunction with the OEM Application with which it was provided. Accessing data that is not specifically created or processed by the OEM Application is in violation of this license. If the OEM Application requires the use of a data mart or data warehouse, the Software may be used with the data mart or data warehouse only to access data created or processed by the OEM Application. Restricted OEM Licenses may not be combined with unrestricted licenses in the same Deployment.
OEM License. Under an OEM License, the Licensor will provide ----------- each Licensed Work identified in the Statement of Work as licensed under an OEM License, with Code being supplied in Object Code form only. The Licensor grants to the Licensee a non-exclusive, worldwide, payment-bearing (if the Statement of Work states that payment is required) license under the Licensor's copyrights covering the Licensed Work identified in the Statement of Work. This OEM License grants the Licensee all of the following rights:
(1) To reproduce or have reproduced and internally distribute copies of such Licensed Work in Object Code form only, and to internally use such copies.
(2) To exercise all rights to the Licensed Work with regard to pictorial, graphic or audio/visual works, including icons, screens, music and characters, that are created as a result of execution of any Code in accordance with the granted license.
(3) To distribute externally to end-users, either directly or through distributors, copies in Object Code form only of the Licensed Work and copies in any form of the Documentation. Except as explicitly stated in the Statement of Work, such distribution shall be in accordance with the ================================================================================ PAGE 7 Master Task Agreement Novell/Global Confidential Execution Original ================================================================================ Licensee's standard software distribution license agreement. The parties expect that such distribution right would be payment- bearing. This OEM License does not obligate the Licensor to provide any Source Code to the Licensee. The Licensee shall not modify any Materials received or developed under the Statement of Work or otherwise create any Derivative Work of any such Materials.
OEM License i. Subject to the terms and conditions specified in this Agreement, an OEM License grants Licensee a non-exclusive and non-transferable right to sublicense the Software as an integral part of the Licensee Product, carried out as a Customer Installation. Licensee has the right to install and utilize the Software for internal purposes (for example testing, development and demonstrations).
ii. The right to sublicense the Software as an integral part of a Licensee Product, granted through an OEM License, is limited to specific Licensee Product(s) and to a certain number of Customer Installations, both to be specified in the License Statement.
iii. Licensee undertakes not to resell any Licensee Product(s) in any way that will infringe this License Agreement.
iv. Highsoft acknowledges and agrees that (i) Licensee retains all rights, title and interest in and to any Licensee Product(s), and Highsoft does not acquire any right, title, or interest in or to such product(s); and (ii) any integration of the Software with a Licensee Product shall not affect or diminish Licensee’s rights, title, and interest in and to such Licensee Product. Licensee and its Affiliates are under no circumstances allowed to transfer, rent, lease, lend, sell, copy, redistribute or sublicense the Software by itself, or with any other software than the agreed Licensee Product(s). Any attempt to do so is a considered material breach of this Agreement.
OEM License. Through an OEM License, Highsoft grants Licensee a non-exclusive, perpetual, non-reusable, worldwide right to install, reproduce, use and further develop Licensed Software as an integral part of a Licensee Product, provided that such Licensee Product be supplied to Third Party through a Customer Installation, with or without Developer Rights and, dependent on Licensee’s choice as specified in License Statement. The right to use the Software granted herein shall not be sublicensable except that Licensee may grant its customers the right to install and use the Software as an integral part of a Licensee Product. The authorization to sublicense Licensed Software under this section 3.3 first paragraph only applies when and as long as such Software lawfully is incorporated with Licensee Product supplied to Third Party in accordance with this Agreement. Licensed Software may only be incorporated into such Licensee Products as specified in the License Statement. Licensee shall be prohibited from reselling any Licensee Product, and from granting its customers permission to use the Software, in any manner that contradicts the terms and restrictions of this Agreement or the License(s) granted hereunder. Highsoft acknowledges and agrees that (i) Licensee retains all rights, title and interest in and to any Licensee Product, and Highsoft does not acquire any right, title, or interest in or to such product; and (ii) any integration of Licensed Software with Licensee Product shall not affect or diminish Licensee’s rights, title, and interest in and to such Licensee Product.
OEM License. SalesLogix hereby grants to OEM Partner a non-exclusive, perpetual (except as expressly set forth herein) license to embed the Licensed Materials in object code form within the OEM Bundling Products, and to market and sublicense the Licensed Materials in object code form as part of the OEM Products. As part of this license, SalesLogix hereby grants OEM Partner the right to use and copy the Licensed Materials in object code form, and to sublicense the Licensed Materials to customers, directly and through OEM Affiliates, all
