Software Use Case Red Hat Enterprise Linux Developer Suite Subscription Services for Red Hat Enterprise Linux Developer Suite are available for Development Purposes only.
SOFTWARE PIRACY PROHIBITION State or other public funds payable under this Contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of this Contract and any extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Contract, including, without limitation, immediate termination of this Contract and any remedy consistent with federal copyright laws or applicable licensing restrictions.
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.
Critical Infrastructure Subcontracts For purposes of this Paragraph, the designated countries are China, Iran, North Korea, Russia, and any countries lawfully designated by the Governor as a threat to critical infrastructure. Pursuant to Section 113.002 of the Business and Commerce Code, Contractor shall not enter into a subcontract that will provide direct or remote access to or control of critical infrastructure, as defined by Section 113.001 of the Texas Business and Commerce Code, in this state, other than access specifically allowed for product warranty and support purposes to any subcontractor unless (i) neither the subcontractor nor its parent company, nor any affiliate of the subcontractor or its parent company, is majority owned or controlled by citizens or governmental entities of a designated country; and (ii) neither the subcontractor nor its parent company, nor any affiliate of the subcontractor or its parent company, is headquartered in a designated country. Contractor will notify the System Agency before entering into any subcontract that will provide direct or remote access to or control of critical infrastructure, as defined by Section 113.001 of the Texas Business & Commerce Code, in this state.
Open Source Code “Open Source Code” shall mean any software code that is distributed as “free software” or “open source software” or is otherwise distributed publicly in source code form under terms that permit modification and redistribution of such software. Open Source Code includes software code that is licensed under the GNU General Public License, GNU Lesser General Public License, Mozilla License, Common Public License, Apache License, BSD License, Artistic License, or Sun Community Source License.
Sites 11.1 To enable Digital Origin to fulfill its obligations under any Contract: 11.1.1 the Client shall permit or procure permission for Digital Origin and any other person(s) authorised by Digital Origin to have reasonable access to the Client’s Sites, Equipment and/or Leased Equipment and any other relevant telephone system and other equipment and shall provide such reasonable assistance as Digital Origin requests. 11.1.2 Digital Origin will normally carry out work by appointment and during Normal Working Hours but may request the Client to (and the Client shall) provide access at other times. In the event that the Client cancels, reschedules or misses any pre-arranged appointment, it shall be liable to Digital Origin for any costs and expenses which Digital Origin incurs as a result of such cancellation, rescheduling and/or missed appointment. 11.2 At the Client’s request, Digital Origin may agree (at its sole discretion) to work outside Normal Working Hours and the Client shall pay Digital Origin’s reasonable charges for complying with such a request. 11.3 The Client warrants, represents and undertakes that it has adequate health and safety provisions in place at its Sites. 11.4 The Client shall procure all consents, licences and permissions necessary from landlords or other third parties for the carrying out of preparation work, installation of Equipment and/or Leased Equipment and for the provision, use and operation of the Equipment and/or Leased Equipment and/or Services at the Sites (save to the extent Digital Origin has agreed in writing to do it). 11.5 In the event that the Client is not able to procure the necessary consent to provide the Services within ninety days of the Connection Date Digital Origin will be able to terminate the Contract forthwith by giving the Client written notice without any liability. If the Client has not managed to procure the necessary consents and Digital Origin has commenced work the Client shall, on request by Digital Origin, refund to Digital Origin the cost of all such work (including, without limitation, staff costs and equipment costs) of an amount no less than £500 as Early Termination Charges. 11.6 The Client shall provide Digital Origin with the site and building plans (to include full details of all internal cabling runs) of the Sites and provide Digital Origin with full details of all other services in the vicinity of the proposed works. 11.7 The Client is responsible for making the Site good after any work undertaken by Digital Origin at a Site, including without limitation replacing and re-siting items and for re-decorating. 11.8 If the Client is moving a Site, Digital Origin must be informed as soon as is reasonably practicable so that suitable arrangements can be made to transfer the Client’s Services and Equipment and/or Leased Equipment. Unless otherwise requested, Digital Origin, in addition to moving the Service and Equipment and/or Leased Equipment, will also endeavour (but cannot guarantee that it will be able, for example where the Client moves to a different exchange) to retain the Client’s relevant existing telephone number(s). If Digital Origin can transfer the Client’s existing number(s) to the new Site the existing Contract will continue under the same terms and conditions. If Digital Origin cannot transfer the Client’s existing number(s) to the new Site, installation of a new line will be required at the new Site, or if the Client requires any additional new lines, this will attract new line connection charges and a new Contract. 11.9 If the new installation or moving Site involves the visit of an engineer to facilitate the new installation the Client will be responsible for the costs incurred by Digital Origin for the appointment together with an administration fee in respect of any additional works required to be undertaken by Digital Origin to complete the transfer of the Services and Equipment and/or Leased Equipment. 11.10 If the Client moves Sites and leaves the Equipment and/or Leased Equipment for the new owner/tenant the Client is required to inform them that the Service will be discontinued if Digital Origin is not contacted by the new owner/tenant within 72 hours for the purpose of entering into a new contract with Digital Origin for such services and subject in any event to the agreement of such a contract. 11.11 If at the new Site the Client receives services from an alternative supplier the Client is responsible for any contractual agreement the Client has with them and any liabilities the Client may incur for terminating such agreement.
OPEN SOURCE COMPONENTS The DS Offerings may include open source components. Whenever notices (such as acknowledgment, copies of licenses or attribution notice) are required by the original licensor, such notices are included in the Documentation of the DS Offerings. Moreover, some open source components may not be distributed and licensed under the terms of the Agreement but under the terms of their original licenses as set forth in the Documentation of the DS Offerings themselves. Source code for open source software components is available upon request. Except for components mentioned in the section EXCLUSIONS below, the warranty and indemnification provided by DS under the Agreement apply to all open source software components and shall be provided by DS and not by the original licensor, but only for the use of the DS Offerings that is in compliance with the terms of the Agreement, and in conjunction with the DS Offerings. The original licensors of said open source software components provide them on an “as is” basis and without any liability whatsoever to Customer.
Directory Listings 15.1.1 CBT, as publisher of its White Pages, will include Primary Listings of CLEC’s resale directory customers in its White Pages, and shall cause its publisher to include primary listings of CLEC’s directory customers in its Publisher’s Yellow Pages Directories under the following terms and conditions: 15.1.1.1 CBT will publish the Primary Listing of CLEC Directory Customers located within the geographic scope of its White Pages directory and will recover costs for both resale and facility based Customers in accordance with the Act.
Security of All Software Components Supplier will inventory all software components (including open source software) used in Deliverables, and provide such inventory to Accenture upon request. Supplier will assess whether any such components have any security defects or vulnerabilities that could lead to a Security Incident. Supplier will perform such assessment prior to providing Accenture with access to such software components and on an on-going basis thereafter during the term of the Agreement. Supplier will promptly notify Accenture of any identified security defect or vulnerability and remediate same in a timely manner. Supplier will promptly notify Accenture of its remediation plan. If remediation is not feasible in a timely manner, Supplier will replace the subject software component with a component that is not affected by a security defect or vulnerability and that does not reduce the overall functionality of the Deliverable(s).
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.