Publicly Available Software Sample Clauses

Publicly Available Software. Portions of the Software include software programs that are distributed by SOLACE pursuant to the terms and conditions of a license granted by the copyright owner of such software programs and which governs Customer’s use of such software programs (“Publicly Available Software”). The Licensee’s use of Publicly Available Software in conjunction with the Software in a manner consistent with the terms of this Agreement is permitted, however, the Licensee may have broader rights under the applicable license for Publicly Available Software and nothing contained herein is intended to impose restrictions or limitations on the Licensee’s use of the Publicly Available Software. The warranty, indemnity and limitation of liability provisions in this Agreement will apply to all of the Software, including Publicly Available Software included in the Software. Copies of such Publicly Available Software license agreements are available by contacting Licensor at xxxxxxx@xxxxxx.xxx. The source code for certain portions of the Publicly Available Software included in the Software (as specified in the copyright notices) is available by contacting SOLACE at xxxxxxx@xxxxxx.xxx within a three (3) year period from the original date of receipt of the applicable Software or Adapter and for a fee that shall not exceed Licensor' costs associated with the shipping of such software source code.
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Publicly Available Software. The Software contains or is provided with components subject to the terms and conditions of “open source” software licenses (“Open Source Software”). Open Source Software may be identified in the Documentation, or Licensor shall provide a list of the Open Source Software for a particular version of the Software to you upon your written request. To the extent required by the license that accompanies the Open Source Software, the terms of such license will apply in lieu of the terms of this Agreement with respect to such Open Source Software, including, without limitation, any provisions governing access to source code, modification or reverse engineering. You agree to comply with the terms and conditions set forth in the licenses applicable to such Open Source Software.
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Publicly Available Software. Except as set forth on Schedule 3.6(p) of the Company Disclosure Schedule, no Acquired Technology (including any Acquired Technology currently under development) contains any Publicly Available Software. All Publicly Available Software used by the Seller Parties and KNE has been used in its entirety and without modification. The Seller Parties have not incorporated or otherwise used Publicly Available Software in a manner that would require, or condition the use or distribution of any Acquired Technology on the disclosure, licensing or distribution of any source code for any portion of such Acquired Technology. “Publicly Available Software” means: (A) any Software that contains, or is derived in any manner in whole or in part from, any Software that is distributed as free Software, open source Software (e.g. Linux) or under similar licensing or distribution models; or (B) any Software that may require as a condition of use, modification or distribution that such Software or other Software incorporated into, derived from or distributed with such Software: (i) be disclosed or distributed in source code form; (ii) be licensed for the purpose of making derivative works; or (iii) be redistributable at no charge.
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Publicly Available Software. Portions of the Software include software programs that are distributed by Rogue Wave pursuant to the terms and conditions of a license granted by the copyright owner of such software programs and which governs Customer’s use of such software programs (“Publicly Available Software”). All Publicly Available Software used in the Software can be found at xxxx://xxx.xxxxxxxx.xxx/products/documentation/current/XXXX. The Customer’s use of Publicly Available Software in conjunction with the Software in a manner consistent with the terms of this Agreement is permitted, however, the Customer may have broader rights under the applicable license for Publicly Available Software and nothing contained herein is intended to impose restrictions or limitations on the Customer’s use of the Publicly Available Software. The warranty, indemnity and limitation of liability provisions in this Agreement will apply to all of the Software, including Publicly Available Software included in the Software. Copies of such Publicly Available Software license agreements are available by contacting Rogue Wave at xxxxxxx@xxxxxxxxx.xxx. The source code for certain portions of the Publicly Available Software included in the Software (as specified in the copyright notices) is available by contacting Rogue Wave at xxxxxxx@xxxxxxxxx.xxx.
Sample 1
Publicly Available Software. Portions of the Software include software programs that are distributed by Klocwork pursuant to the terms and conditions of a license granted by the copyright owner of such software programs and which governs Customer’s use of such software programs (“Publicly Available Software”). All Publicly Available Software used in the Software can be found at xxxx://xxx.xxxxxxxx.xxx/products/documentation/current/XXXX. The Customer’s use of Publicly Available Software in conjunction with the Software in a manner consistent with the terms of this Agreement is permitted, however, the Customer may have broader rights under the applicable license for Publicly Available Software and nothing contained herein is intended to impose restrictions or limitations on the Customer’s use of the Publicly Available Software. The warranty, indemnity and limitation of liability provisions in this Agreement will apply to all of the Software, including Publicly Available Software included in the Software. Copies of such Publicly Available Software license agreements are available by contacting Klocwork at xxxxxxx@xxxxxxxx.xxx. The source code for certain portions of the Publicly Available Software included in the Software (as specified in the copyright notices) is available by contacting Klocwork at xxxxxxx@xxxxxxxx.xxx.
Sample 1
Publicly Available Software. Except as set forth on Schedule 6.1.14(iv), no Publicly Available Software has been incorporated in any of the Software. No software created, owned, used, licensed, distributed or otherwise transferred by Sellers, software that is used by Sellers or is being transferred pursuant to this Agreement as part of the Business, or the Intellectual Property Rights described on Schedule 1 (i) is, (ii) contains (whether in their Source code, object code, or executable form), (iii) is derived from (in whole or in part), (iv) is distributed in connection with, (v) requires for use or operation, (vi) links to, or (vii) is otherwise intended for use with, Publicly Available Software.
Sample 1
Publicly Available Software. Corel has not, and will not in any manner: (i) create or purport to create any obligation on behalf of Microsoft, or (ii) grant or purport to grant any rights or immunities to any third party under Microsoft's intellectual property or proprietary rights. By way of example but not limitation of the foregoing, Corel shall not incorporate any "Publicly Available Software" in whole or in part into any part of the Port Deliverables, or use "Publicly Available Software" in whole or in part in the development of any part of the Port Deliverables in a fashion that may subject the Port Deliverables or the underlying .NET Framework in whole or in part to all or part of the license obligations of any such "Publicly Available Software". "Publicly Available Software" means any software that requires as a condition of use, modification and/or distribution of such software that such software or other software incorporated into, derived from, or distributed with such software (a) be disclosed or distributed in source code form; (b) be licensed for the purpose of making derivative works; (c) include specified attributions, disclaimers or other notices, or that marketing materials related to such software include such attributions, disclaimers or other notices; or (d) be redistributable on a royalty free basis. Publicly Available Software includes, without limitation, software licensed or distributed under any of the following licenses or distribution models, or licenses or distribution models similar to any of the following: (r) GNU's General Public License (GPL) or Lesser/Library GPL (LGPL), (s) The Artistic License (e.g., PERL), (t) the Mozilla Public License, (u) the Netscape Public License, (v) the Berkeley software design (BSD) license including Free BSD or BSD-style license, (w) the Sun Community Source License (SCSL), (x) the Sun Industry Source License (SISL), (y) the Apache Server license, and (z) any software that is distributed under subsections (a), (b), (c) or (d) above. The licenses granted to Corel in this Agreement are expressly conditioned upon compliance with the provisions of Section 11.1 herein.
Sample 1
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Publicly Available Software. 11 Purchaser .......................................................................1
Sample 1

Related to Publicly Available Software

  • Software Title and ownership to Existing Software Product(s) delivered by Contractor under the Contract that is normally commercially distributed on a license basis by the Contractor or other independent software vendor proprietary owner (“Existing Licensed Product”), embedded in the Custom Products, shall remain with Contractor or the proprietary owner of other independent software vendor(s) (ISV). Effective upon acceptance, such Product shall be licensed to Authorized User in accordance with the Contractor or ISV owner’s standard license agreement, provided, however, that such standard license, must, at a minimum: (a) grant Authorized User a non-exclusive, perpetual license to use, execute, reproduce, display, perform, adapt (unless Contractor advises Authorized User as part of Contractor’s proposal that adaptation will violate existing agreements or statutes and Contractor demonstrates such to the Authorized User’s satisfaction) and distribute Existing Licensed Product to the Authorized User up to the license capacity stated in the Purchase Order or work order with all license rights necessary to fully effect the general business purpose(s) stated in the Bid or Authorized User’s Purchase Order or work order, including the financing assignment rights set forth in paragraph (c) below; and (b) recognize the State of New York as the licensee where the Authorized User is a state agency, department, board, commission, office or institution. Where these rights are not otherwise covered by the ISV’s owner’s standard license agreement, the Contractor shall be responsible for obtaining these rights at its sole cost and expense. The Authorized User shall reproduce all copyright notices and any other legend of ownership on any copies authorized under this clause. Open source software is developed independently of Contractor and may be governed by a separate license (“open source software”). If the open source software is governed by a separate License and provided under this Contract, Contractor shall provide a copy of that license in the applicable Documentation and the Authorized User's license rights and obligations with respect to that open source software shall be defined by those separate license terms and subject to the conditions, if any, therein. Nothing in this Contract shall restrict, limit, or otherwise affect any rights or obligations the Authorized User may have, or conditions to which the Authorized User may be subject, under such separate open source license terms.

  • Software Warranty We warrant that the Tyler Software will perform without Defects during the term of this Agreement. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the maintenance and support process set forth in Section C(9), below, the SLA and our then current Support Call Process.

  • Information Available So long as the Registration Statement is effective covering the resale of Shares owned by the Purchaser, the Company will furnish to the Purchaser:

  • IMMEDIATELY AVAILABLE FUNDS Unless otherwise expressly provided for in this Agreement, all amounts payable by Borrower to Lender shall be payable only in United States currency, immediately available funds.

  • Open Source Software The Software product may include certain open source components that are subject to open source licenses (“Open Source Software”), in which case, the embedded Open Source Software is owned by a third party. The Open Source Software is not subject to the terms and conditions of this XXXX. Instead, each item of Open Source Software is licensed under its applicable license terms which accompanies such Open Source Software. Nothing in this XXXX limits your rights under, nor grants you rights that supersede, the terms and conditions of any applicable license terms for the Open Source Software. Any fees charged by GC in connection with the SOFTWARE, do not apply to the Open Source Software for which fees may not be charged under the applicable license terms. The terms and conditions of the applicable license for the Open Source Software are available on the LICENSE.txt file, which is provided with the SOFTWARE.

  • Available Information The Company is subject to the periodic reporting requirements of the Exchange Act and, accordingly, is required to file or furnish certain reports with the Commission. These reports can be retrieved from the Commission's website (wxx.xxx.xxx) and can be inspected and copied at the public reference facilities maintained by the Commission located (as of the date of the Deposit Agreement) at 100 X Xxxxxx, X.X., Xxxxxxxxxx X.X. 00000.

  • Licensed Software Computer program(s) provided by Contractor in connection with the Deliverables, subject to Section 14 of this Contract.

  • Information Updates During the term of this Agreement the Trust shall have the ongoing obligation to provide UMBFS with the following documents as soon as they become effective: (i) certified copies of all amendments to its Declaration of Trust and By-laws made after the date of this Agreement; and (ii) a copy of each Fund’s currently effective Prospectus. For purposes of this Agreement, UMBFS shall not be deemed to have notice of any information contained in any such Prospectus until a reasonable time after it is actually received by UMBFS.

  • Company Software “Company Software” shall mean any software (including software development tools and software embedded in hardware devices, and all updates, upgrades, releases, enhancements and bug fixes) owned, developed (or currently being developed), used, marketed, distributed, licensed or sold by an Acquired Corporation at any time (other than non-customized third-party software that is not incorporated into any Company Product and is licensed to an Acquired Corporation solely in object code form and solely for internal use on a non-exclusive basis).

  • Disclosure Updates Promptly and in no event later than 5 Business Days after obtaining knowledge thereof, notify Agent if any written information, exhibit, or report furnished to the Lender Group contained, at the time it was furnished, any untrue statement of a material fact or omitted to state any material fact necessary to make the statements contained therein not misleading in light of the circumstances in which made. The foregoing to the contrary notwithstanding, any notification pursuant to the foregoing provision will not cure or remedy the effect of the prior untrue statement of a material fact or omission of any material fact nor shall any such notification have the effect of amending or modifying this Agreement or any of the Schedules hereto.

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