Provision of the Software. The Agreement does not include any installation and/or setup services. Consequently, and unless otherwise expressly agreed between the Parties, Customer is solely responsible for the downloading and installing of the Software, for which, under no circumstances, shall NBomber be held liable.
Provision of the Software. 2.1 Alkacon will provide to Licensee a copy of the Software in machine-readable object code. Also, Licensee shall receive a manual with installation and operating instructions on the Software in a common file format. The source code of the Software is not subject matter of this contract.
2.2 Alkacon shall communicate to Licensee a URL together with access data suitable for such URL, which enable Licensee to download the Software from a password protected area of Alkacon's website.
Provision of the Software. Under the terms and conditions hereunder agreed SCYTL provides the Customer with (i) the SOFTWARE as SaaS; (ii) Maintenance and support services as defined in Article 4; and (iii) hosting for the SOFTWARE (all of them referred hereinafter as the Subscription).
Provision of the Software rights of use
(1) The Library and the associated information shall be provided by way of a free download.
(2) Seadex's Library is free open source software which is provided under the MIT licence with the restrictions set out in the following Terms of Use.
(3) Further information about the scope and rights of an MIT licence can be found at the following link: xxxx://xxxxxxxxxx.xxx/licenses/MIT.
(4) Deviating from the provisions of the MIT licence, the user is not, however, entitled to sell, lease, rent or sublicense the Library itself or modifications thereof. Passing the Library or modifications thereof on to third parties for a fee is expressly prohibited.
(5) The restrictions listed under section 4(4) above do not apply in the event that the Library or parts thereof become parts of third-party soft- ware and/or of open source software as a result of integration or compila- tion.
(6) The right of use shall be granted for all known types of use as well as for all types of use which are as yet unknown. It also includes the right to make modifica- tions to the Library which are necessary from a technical point of view for certain types of use permitted by this licence.
(7) Each user may install, extend and update the Library free of charge.
(8) Seadex shall provide public tutorials to assist with installation of the Library. We offer limited support for general questions. Please note that the more compre- hensive support for self-installation is subject to concluding a consultancy agree- ment. Open source stands for freedom but not necessarily for free.
(9) All other rights which go beyond this section and are not expressly granted by Seadex remain the rights of Seadex alone. Personal rights remain unaffected.
(10) The Library, documentation and information are protected both by copyright laws and by international copyright treaties as well as by other laws and agree- ments on intellectual property. The user shall observe these rights; he shall espe- cially not remove alphanumeric identifiers, marks or copyright notices from the doc- umentation or the information.
(11) Irrespective of other rights of Seadex, the licence granted shall automatically expire if the user breaches the provisions of these Terms of Use. In such a case, the further use of the Library, copies of it and all of its components is strictly prohibited.
(12) Seadex reserves the right to claim corresponding remuneration for the event of use contrary to the provisions of these Terms of Use. ...
Provision of the Software. 1.1. The software is supplied to the licensee either by download by the licensee from the website of the licensor or by the shipment of a data medium.
1.2. The documentation is made available to the licensee on request by download in a generally accepted format (*.pdf) or in printed form. If the licensee receives the soft- xxxx by downloading it from the server of the licensor, it can obtain the documenta- tion in the same way.
1.3. The licensor points out that it is not possible to produce software in such a way that it will always operate without errors in all combinations, especially when taking third- party software into consideration.
Provision of the Software. 3.1 Unless otherwise agreed, the Software will be delivered in the version current at the time of provision.
3.2 Delivery of the Software and transfer of risk shall be effected at Bosch’s discretion by providing a copy of the Software and the associated documentation as a download and transmitting the information required for the download or by handing over a data carrier with a copy of the Software to a transport service provider who delivers the Software to the Customer.
3.3 In the event that the Software is protected by means of a license key, the Customer shall receive the license key exclusively for the use of the Software as specified in the Main Contract or an annex thereto (e.g. license paper, documentation).
3.4 In the case of a download, the handover point and place of performance are the internet nodes of Bosch's data center.
Provision of the Software. Promptly following execution of this XXXX by both Parties, the Licensor shall make available to the End User one (1) copy of the Software on a CD and/or via the internet.
Provision of the Software. 4.1 You need a subscription to get access to our Software. Subscriptions are available for an agreed limited period or for an indefinite period. Subscriptions are offered (i) for a fixed amount (fee) per agreed period or (ii) on the basis of a performance fee. You can subscribe through the Website.
4.2 You agree that your order is an offer to purchase under these Terms of Use, which must be accepted by us. We may choose not to accept orders at our sole discretion, even after we send you an order confirmation e-mail.
4.3 Upon accepting your order after receipt of your complete sign-up details and other requested information, WCC grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use the Software and only as permitted by these Terms of Use.
4.4 You acknowledge that WCC’s API is an integral part of the Software and is subject to these Terms of Use. Access to regular and documented features of the API may become available automatically after acceptance of your subscription You agree to use the API solely for establishing an electronic connection to third-party services that; - have provided such functionality as the regular feature of their Software or information system; - have granted and authorised you with such access; and - have regulated cooperation and/or have concluded agreements with you in accordance with the laws of your respective jurisdiction.
Provision of the Software. We will provide the Software and Services in accordance with the Service Description and as described in the Contract. Save to that extent, the Client understands and agrees that the Software is provided "AS IS" and as far as the law permits, We expressly disclaim all warranties of any kind, including but not limited to, any implied warranty of satisfactory quality, conditions of design, merchantability or fitness for a specific purpose. We do not warrant that (i) the Services will be uninterrupted, error free, or free of viruses or other harmful components, (ii) the Services are not vulnerable to fraud or unauthorized use, or the features or functionalities of the Services will be available at any time in the future. Client is responsible and Licensor shall have no responsibility for determining that Client’s proposed use of the Services complies with applicable laws where Client is using the Services or in Client’s jurisdictions.
Provision of the Software. 2.3.1 The transfer of the Software to Customer will be executed according to a separate agreement of the parties, by mailing of the license key which authorizes the use of the Software, by installation by EXASOL on Customer’s premises or via provision of a license server used for the operation of EXASuite in the Cluster. If a license server is supplied, Partner shall pay the amount that has been agreed in the service description. Partner agrees not to install any other software on the Cluster other than the licensed Software.
2.3.2 The Software is only provided in machine code (binary license), not in source code.
2.3.3 The user documentation for the Software is available for download by Customer on the homepage of EXASOL in the German and English languages.
