Party Software. The Provider represents and warrants that, to its knowledge, the Software does not violate any right to the Third-Party Software.
Party Software. The use of the Third-Party Software by you and your End Users is governed by the terms of any licence agreement that may accompany or be included with that Third-Party Software. You appoint us as your agent to accept the terms of such licences on your behalf. You are responsible for ensuring that End Users comply with such licence agreements.
Party Software. The Software which is distributed to you may include various third party software components or software services (“Third Party Software” and together with the Software, the “Package”) which are provided under separate license terms (the “Third Party Terms”), as may be described in more detail in the “Notices.txt” file (if applicable) included in the Documentation. You are permitted to use the Third Party Software in conjunction with the Software, provided that such use is consistent with the terms of this Agreement. You may have broader rights to use the Third Party Software under the applicable Third Party Terms. Nothing in this Agreement is intended to impose further restrictions on your use of the Third Party Software in accordance with any Third Party Terms. The Software may also enable interoperation with certain other third party operating systems and applications. Develatio does not provide you with any such third party licenses and it is solely your responsibility to obtain all necessary software licenses from respective vendors.
Party Software. The Cyberbit Range may incorporate IBM’s QRadar SIEM (“QRadar”), the use of which is subject to the terms and conditions of the specific license under which it is distributed, available for your review at xxxxx://xxx-00.xxx.xxx/software/sla/sladb.nsf/pdf/ipla/$file/ipla_en.pdf (“IPLA”). You will defend, indemnify and hold Cyberbit harmless from and against any and all liability or claim arising from or in connection to your violation of any Third Party’s rights and/or your misuse of Third-Party’s Software and/or your breach of Third Party’s license agreement.
Party Software. From time to time, we may offer third-party software tools and products (such as Adobe) that you may elect to install on your computer (collectively "Third-Party Software"). You are responsible for obtaining a valid and separate license agreement with the provider of the Third-Party Software. You agree and understand that: • You assume all risk that any Third-Party Software you download and install, or any information you enter into the Third- Party Software, may be accessed by unauthorized third parties; and • If you use the Third-Party Software to transmit information, you (and the Third-Party-Software provider) are responsible for the security and confidentiality of that information. You agree that any Third-Party Software that you download is done at your own risk and you are solely responsible for any damage that might occur to the computer (or other electronic device) to which you download any Third-Party Software, or any loss or corruption of data that might occur as a result of the downloading or its installation in a computer or other electronic device. You also agree and understand that you are solely responsible for acquiring and maintaining a computer or other electronic device that has capabilities of handling and accessing the Third-Party Software (including the necessary equipment, including but not limited to a modem), and that you are responsible for all costs associated with accessing the Third-Party Software. You agree and understand that any Third-Party Software you download through the download option is provided to you "as is" and "as available." You agree and understand that we make no warranties and have no liability as to: • The accuracy, completeness, availability or timeliness of the information, text, graphics, or other items provided, stored, evaluated or processed through the Third-Party Software; • The errors or omissions in the delivery or transmission of the Third-Party Software from us to you (and "you" includes delivery to your Personal Financial Management Software and/or your computer); and • The Third-Party Software's fitness for a particular purpose and non-infringement of any third-party rights. You understand that some states do not allow limitations on how long an implied warranty lasts, so that the above limitations may not apply to you, and that you may also have other rights, which vary from state to state. You agree that we will not be liable to you for: • Your inability to use the Third-Party Software; • The a...
Party Software. Open source software licenses for components of the Service released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede this Agreement, the open source licenses govern Customer’s agreement with NextRequest for the use of the components of the Service released under an open source license. For the avoidance of doubt, the owners of the open source licenses do not have access to Customer Content or Requester Content. Customer Content. As between Customer and NextRequest, Customer retains ownership of all Intellectual Property in Customer Content. Customer grants to NextRequest, its Service Providers and each of NextRequest’s respective subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, unlimited, and sub-licensable right to use, host, store, cache, reproduce, publish, publicly display, perform, distribute, transmit, translate, publicly perform, adapt, and modify Customer Content, in all media now known or later developed, for the purpose of maintaining, operating, or improving the Service. NextRequest and its Service Providers may access Customer Content as necessary to comply with the law or an order of a governmental body. Requester Content. Nextrequest and/or Requesters retain ownership of all Intellectual Property in Requester Content. NextRequest grants to Customer a worldwide, non-exclusive, royalty-free, fully-paid, non-transferrable, irrevocable, perpetual, and non- sublicensable right to use Requester Content for the Purpose. Usage Data. NextRequests retains ownership of all Intellectual Property in Usage Data, and Customer hereby unconditionally and irrevocably grants to NextRequest an assignment of all right, title and interest in and to the Usage Data, including all Intellectual Property rights relating thereto. NextRequest grants to Customer a worldwide, non-exclusive, royalty-free, fully-paid, non-transferrable, irrevocable, perpetual, and non- sublicensable right to use Usage Data for the Purpose. Transfer of Content. Customer Content may be disclosed and otherwise transferred to an acquirer, or successor or assignee as part of any merger, acquisition, debt financing, sale of company assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which such data is transferred to one or more third parties as a NextRequest busi...
Party Software. The Licensed Products may contain software incorporated into the Licensed Products or provided therewith, developed, distributed and/or licensed by third parties, including open source software (Third-Party Software). Such Third- Party Software shall be licensed, and the Licensee shall use such Third-Party Software under and strictly in accordance with, the applicable terms and conditions by the respective third-party licensor. The Licensor shall use its best efforts to identify any additional Third-Party Software in the documentation of the Licensed Products. Nothing in this XXXX shall restrict, limit or otherwise affect any rights or obligations that the Licensee may have, or conditions to which Licensee may be subject, under any applicable open source licenses to any open source software which may be incorporated in and/or provided together with the Licensed Products. As between the Licensor and the Licensee, the Licensor shall remain the sole owner of all rights, title and interest, in particular, all intellectual property rights, in and to the Licensed Products, subject to any Third-Party Software. Nothing in this XXXX shall operate any assignment or transfer of any intellectual property rights to the Licensee. The Licensee expressly acknowledges that any infringement of the Licensor’s intellectual property rights will cause irreparable harm to the Licensor, for which monetary damages alone would be inadequate, and that the Licensor may thus seek 6.3.
7. 7.1. 7.2. 7.3.
8.3. injunctive relief or any other remedy available at law in any jurisdiction, in case of such infringement. Should the Licensee become aware of any infringement or imminent risk of any infringement of any intellectual property rights pertaining to the Licensed Products, the Licensee shall immediately inform the Licensor and provide all useful information on such infringement or risk of infringement. The Licensor shall have the exclusive power to decide on any action to be taken with respect to such infringement or risk of infringement, including legal action, at its own cost. Licensee shall, at its own costs, provide Licensor with all reasonable assistance required by the Licensor to protect its intellectual property rights, in accordance with its instructions.
Party Software. If You Purchased a remote “Train the Trainer” course or remote instructor or other similar service, then those are also included in the definition of Services.
Party Software. In the event that the Licensed Software includes other software elements that are subject to a third-party’s license, terms, or conditions, any license granted herein is subject to that third-part’s license, terms, or conditions, and the same applies to Your use of the Licensed Software. BY INSTALLING, COPYING, OR USING THE LICENSED SOFTWARE, PRODUCTS, OR SERVICES, IN ANY MANNER, YOU ARE AGREEING TO BE BOUND TO THE LICENSE TERMS AND CONDITIONS OF ANY THIRD-PARTY SOFTWARE USED, ACCESSED, OR OTHERWISE IMPLICATED IN OR BY THE LICENSED SOFTWARE.
Party Software. Third-Party Software provided by Centre to Customer shall be subject to the license terms and conditions of such Software. Microsoft. Microsoft Software, which is provided by Centre to Customer under a Service Provider License Agreement (a “SPLA”), has specific terms and conditions for the use of such Software. These terms and conditions are contained in Appendix A. In the event of a conflict between the terms of this Agreement and the license terms and conditions of such Third-Party Software, the license terms and conditions of the Third-Party Software shall control.
