Common use of OFFER -SPECIFIC TERMS Clause in Contracts

OFFER -SPECIFIC TERMS. The following shall apply to a Customer’s use of Communications APIs: 13.1 Customer may install, copy, and use as necessary any Properties, solely in connection with Customer’s use of the Service. Customer may not display or otherwise commercially exploit the Properties in any manner unless Customer obtains Avaya’s prior written consent. 13.2 Customer will not use, and will not authorize any third party to use, any Public Software in connection with Communications API offer in any manner that requires, pursuant to the license applicable to such Public Software, that the Communications API offer (including without limitation any Properties) be (i) disclosed or distributed in source code form, (ii) made available free of charge to recipients, or (iii) modifiable without restriction by recipients. 13.3 Customer shall ensure that (i) Customer’s Application do not violate Avaya’s AUP, and (ii) Customer’s Application accurately and adequately discloses, either through a privacy policy or otherwise, how Customer collects, uses, stores, and discloses data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers. 13.4 If Customer sells or provides any party access to an Application that interfaces with Communications API, Customer will incorporate into Customer’s agreement with its End Users (“Customer’s End User Agreements”) terms and conditions that: a) enable Avaya to use Customer’s and Customer’s users, employees, clients or customers’ (“End Users”) data as necessary to provide the Communications API Services and b) protect Avaya’s rights to the same extent as the terms of this SLSA. Without limiting the foregoing, Customer’s End User Agreements will include terms concerning restrictions on use, protection of proprietary rights, disclaimer of warranties, and limitations of liability applicable to Communications API that are no less protective than this SLSA. Customer will ensure that Customer’s End Users using Applications adhere to such terms, and Customer will notify Avaya promptly if Customer becomes aware of any breach of Customer’s End User Agreements that may impact Avaya or Communications API.

Appears in 3 contracts

Samples: Software License and Services Agreement, Software License and Services Agreement, Software License and Services Agreement

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OFFER -SPECIFIC TERMS. The following shall apply to a Customer’s use of Communications APIs: 13.1 Customer may install, copy, and use as necessary any Properties, solely in connection with Customer’s use of the Service. Customer may not display or otherwise commercially exploit the Properties in any manner unless Customer obtains Avaya’s prior written consent. 13.2 Customer will not use, and will not authorize any third party to use, any Public Software in connection with Communications API offer in any manner that requires, pursuant to the license applicable to such Public Software, that the Communications API offer (including without limitation any Properties) be (i) disclosed or distributed in source code form, (ii) made available free of charge to recipients, or (iii) modifiable without restriction by recipients., 13.3 Customer shall ensure that (i) Customer’s Application do not violate Avaya’s AUP, and (ii) Customer’s Application accurately and adequately discloses, either through a privacy policy or otherwise, how Customer collects, uses, stores, and discloses data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers. 13.4 If Customer sells or provides any party access to an Application that interfaces with Communications API, Customer will incorporate into Customer’s agreement with its End Users (“Customer’s End User Agreements”) terms and conditions that: a) enable Avaya to use Customer’s and Customer’s users, employees, clients or customers’ (“End Users”) data as necessary to provide the Communications API Services and b) protect Avaya’s rights to the same extent as the terms of this SLSA. Without limiting the foregoing, Customer’s End User Agreements will include terms concerning restrictions on use, protection of proprietary rights, disclaimer of warranties, and limitations of liability applicable to Communications API that are no less protective than this SLSA. Customer will ensure that Customer’s End Users using Applications adhere to such terms, and Customer will notify Avaya promptly if Customer becomes aware of any breach of Customer’s End User Agreements that may impact Avaya or Communications API.

Appears in 1 contract

Samples: Software License and Services Agreement

OFFER -SPECIFIC TERMS. The following shall apply to a Customer’s use of Communications APIs: 13.1 Customer may install, copy, and use as necessary any Properties, solely in connection with Customer’s use of the Service. Customer may not display or otherwise commercially exploit the Properties in any manner unless Customer obtains Avaya’s prior written consent. 13.2 Customer will not use, and will not authorize any third party to use, any Public Software in connection with Communications API offer in any manner that requires, pursuant to the license applicable to such Public Software, that the Communications API offer (including without limitation any Properties) be (i) disclosed or distributed in source code form, (ii) made available free of charge to recipients, or (iii) modifiable without restriction by recipients. 13.3 Customer shall ensure that (i) Customer’s Application do not violate Avaya’s AUP, and (ii) Customer’s Application accurately and adequately discloses, either through a privacy policy or otherwise, how Customer collects, uses, stores, and discloses data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers. 13.4 If Customer sells or provides any party access to an Application that interfaces with Communications API, Customer will incorporate into Customer’s agreement with its End Users (“Customer’s End User Agreements”) terms and conditions that: a) enable Avaya to use Customer’s and Customer’s users, employees, clients or customers’ (“End Users”) data as necessary to provide the Communications API Services and b) protect Avaya’s rights to the same extent as the terms of this SLSA. Without limiting the foregoing, Customer’s End User Agreements will include terms concerning restrictions on use, protection of proprietary rights, disclaimer of warranties, and limitations of liability applicable to Communications API that are no less protective than this SLSA. Customer will ensure that Customer’s End Users using Applications adhere to such terms, and Customer will notify Avaya promptly if Customer becomes aware of any breach of Customer’s End User Agreements that may impact Avaya or Communications API.. licenses or distribution models, or licenses or distribution models similar to any of the following: (1) GNU Affero General Public License (AGPL), Common Public Attribution License (CPAL), European Public License (EUPL), GNU's General Public License (GPL), Lesser/ Library GPL (LGPL), or Free Documentation License, (2) The Artistic License (e.g., PERL), (3) the Mozilla Public License, (4) the Netscape Public License,

Appears in 1 contract

Samples: Software License and Services Agreement

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OFFER -SPECIFIC TERMS. The following shall apply to a Customer’s use of Communications APIs: 13.1 Customer may install, copy, and use as necessary any Properties, solely in connection with Customer’s use of the Service. Customer may not display or otherwise commercially exploit the Properties in any manner unless Customer obtains Avaya’s prior written consent. 13.2 Customer will not use, and will not authorize any third party to use, any Public Software in connection with Communications API offer in any manner that requires, pursuant to the license applicable to such Public Software, that the Communications API offer (including without limitation any Properties) be (i) disclosed or distributed in source code form, (ii) made available free of charge to recipients, or (iii) modifiable without restriction by recipients. 13.3 Customer shall ensure that (i) Customer’s Application do not violate Avaya’s AUP, and (ii) Customer’s Application accurately and adequately discloses, either through a privacy policy or otherwise, how Customer collects, uses, stores, and discloses data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers.parties 13.4 If Customer sells or provides any party access to an Application that interfaces with Communications API, Customer will incorporate into Customer’s agreement with its End Users (“Customer’s End User Agreements”) terms and conditions that: a) enable Avaya to use Customer’s and Customer’s users, employees, clients or customers’ (“End Users”) data as necessary to provide the Communications API Services and b) protect Avaya’s rights to the same extent as the terms of this SLSA. Without limiting the foregoing, Customer’s End User Agreements will include terms concerning restrictions on use, protection of proprietary rights, disclaimer of warranties, and limitations of liability applicable to Communications API that are no less protective than this SLSA. Customer will ensure that Customer’s End Users using Applications adhere to such terms, and Customer will notify Avaya promptly if Customer becomes aware of any breach of Customer’s End User Agreements that may impact Avaya or Communications API.

Appears in 1 contract

Samples: Software License and Services Agreement

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