Common use of Retail Licenses Clause in Contracts

Retail Licenses. (a) Subject to the limitations of the Agreement, and so long as the term of this Agreement is continuous and has never been terminated, the term of the rights licensed under this Agreement with regard to the continued distribution of compiled binaries created by Customer that (i) incorporate or depend on the Licensed Product, and (ii) were created while under an active Maintenance and Support services subscription, and (iii) do not and have not violated the limitations of Section 4.2(f), is perpetual. However, Customer’s right to any create modified binaries that are incorporated in Customer’s products is term-limited to the period of time that Customer is under an active Maintenance and Support services subscription, as further set forth in detail in Section 4.2(f). Maintenance and Support services subscriptions under Section 10 are generally limited in duration to one (1) year, subject to renewal at Syncfusion’s sole discretion. For the avoidance of doubt, Xxxxxxxx acknowledges and agrees that the only portion of the rights licensed hereunder that is perpetual is the limited right to Distribute the compiled binaries that were incorporated in Customer’s product and that were created when all modified binaries were created under an active Maintenance and Support services subscription. (b) Syncfusion agrees that any expiration of this Agreement shall not affect Customer’s right to Distribute Licensed Assemblies so long as: (i) such Licensed Assemblies were incorporated into Customer’s products prior to the expiration of an active Maintenance and Support services subscription, and (ii) so long as Customer’s products were distributed for external use (i.e. by Customer to individuals outside of Customer’s organization, subsidiaries, and affiliates) prior to any such expiration of an active Maintenance and Support services subscription, and (iii) so long as Customer is in compliance with the limitations of Section 4.2(f) and all applicable limitations in this Agreement. (c) Customer acknowledges and agrees that any of the following actions are deemed material breaches of this Agreement: (i) creating or modifying any binaries that are incorporated in a Customer product while Customer is not under an active Maintenance and Support services subscription; and/or (ii) Distributing any Customer product or other software that include any modified binaries in any part of the Customer product (or other software) that incorporates Syncfusion Licensed Products if created at a time when Customer was not under an active Maintenance and Support services subscription. For the avoidance of doubt, Customer acknowledges and agrees that it may not make any changes, fix any bugs, create any new versions, or otherwise modify any Customer product that includes or depends on the Licensed Product unless Customer is currently operating under an active Maintenance and Support services subscription. (d) Customer acknowledges and agrees that in the event of the termination of this Agreement for material breach, Customer will no longer have the right to possess the Licensed Assemblies, and subsequently cannot distribute any software code or application that includes the Licensed Product. (e) This Section only pertains to Retail Licenses and is not applicable to Team, Project, Division, or Global Licenses.

Appears in 8 contracts

Samples: Software License Agreement, Software License Agreement, Software License Agreement

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Retail Licenses. (a) Subject to the limitations of the Agreement, and so long as the term of this Agreement is continuous and has never been terminated, the term of the rights licensed under this Agreement with regard to the continued distribution of compiled binaries created by Customer that (i) incorporate or depend on the Licensed Product, and (ii) were created while under an active Maintenance and Support services subscription, and (iii) do not and have not violated the limitations of Section 4.2(f), is perpetual. However, Customer’s right to any create modified binaries that are incorporated in Customer’s products is term-limited to the period of time that Customer is under an active Maintenance and Support services subscription, as further set forth in detail in Section 4.2(f). Maintenance and Support services subscriptions under Section 10 are generally limited in duration to one (1) year, subject to renewal at Syncfusion’s sole discretion. For the avoidance of doubt, Xxxxxxxx acknowledges and agrees that the only portion of the rights licensed hereunder that is perpetual is the limited right to Distribute re-distribute the compiled binaries that were incorporated in Customer’s product and that were created when all modified binaries were created under an active Maintenance and Support services subscription. (b) Syncfusion agrees that any expiration of this Agreement shall not affect Customer’s right to Distribute re-distribute Licensed Assemblies so long as: (i) such Licensed Assemblies were incorporated into Customer’s products prior to the expiration of an active Maintenance and Support services subscription, and (ii) so long as Customer’s products were distributed for external use (i.e. by Customer to individuals outside of Customer’s organization, subsidiaries, and affiliates) prior to any such expiration of an active Maintenance and Support services subscription, and (iii) so long as Customer is in compliance with the limitations of Section 4.2(f) and all applicable limitations in this Agreement. (c) Customer acknowledges and agrees that any of the following actions are deemed material breaches of this Agreement: (i) creating or modifying any binaries that are incorporated in a Customer product while Customer is not under an active Maintenance and Support services subscription; and/or (ii) Distributing re-distributing any Customer product or other software that include any modified binaries in any part of the Customer product (or other software) that incorporates Syncfusion Licensed Products if created at a time when Customer was not under an active Maintenance and Support services subscription. For the avoidance of doubt, Customer acknowledges and agrees that it may not make any changes, fix any bugs, create any new versions, or otherwise modify any Customer product that includes or depends on the Licensed Product unless Customer is currently operating under an active Maintenance and Support services subscription. (d) Additionally, Customer acknowledges and agrees that upon termination of this Agreement, Customer will remove all Licensed Products and Licensed Assemblies from any Customer product or other software that is used internally within Customer’s organization (including that of its subsidiaries and affiliates). (e) Customer acknowledges and agrees that in the event of the termination of this Agreement for material breach, Customer will no longer have the right to possess the Licensed Assemblies, and subsequently cannot distribute any software code or application that includes the Licensed Product. (ef) This Section only pertains to Retail Licenses and is not applicable to Team, Project, Division, or Global Licenses.

Appears in 5 contracts

Samples: Software License Agreement, Software License Agreement, Software License Agreement

Retail Licenses. (a) Subject to the limitations of the Agreement, and so long as the term of this Agreement is continuous and has never been terminated, the term of the rights licensed under this Agreement with regard to the continued distribution of compiled binaries created by Customer that (i) incorporate or depend on the Licensed Product, and (ii) were created while under an active Maintenance and Support services subscription, and (iii) do not and have not violated the limitations of Section 4.2(f), is perpetual. However, Customer’s right to any create modified binaries that are incorporated in Customer’s products is term-limited to the period of time that Customer is under an active Maintenance and Support services subscription, as further set forth in detail in Section 4.2(f). Maintenance and Support services subscriptions under Section 10 are generally limited in duration to one (1) year, subject to renewal at Syncfusion’s sole discretion. For the avoidance of doubt, Xxxxxxxx acknowledges and agrees that the only portion of the rights licensed hereunder that is perpetual is the limited right to Distribute re-distribute the compiled binaries that were incorporated in Customer’s product and that were created when all modified binaries were created under an active Maintenance and Support services subscription. (b) Syncfusion agrees that any expiration of this Agreement shall not affect Customer’s right to Distribute re-distribute Licensed Assemblies so long as: (i) such Licensed Assemblies were incorporated into Customer’s products prior to the expiration of an active Maintenance and Support services subscription, and (ii) so long as Customer’s products were distributed for external use (i.e. by Customer to individuals outside of Customer’s organization, subsidiaries, and affiliates) prior to any such expiration of an active Maintenance and Support services subscription, and (iii) so long as Customer is in compliance with the limitations of Section 4.2(f) and all applicable limitations in this Agreement. (c) Customer acknowledges and agrees that any of the following actions are deemed material breaches of this Agreement: (i) creating or modifying any binaries that are incorporated in a Customer product while Customer is not under an active Maintenance and Support services subscription; and/or (ii) Distributing re-distributing any Customer product or other software that include any modified binaries in any part of the Customer product (or other software) that incorporates Syncfusion Licensed Products if created at a time when Customer was not under an active Maintenance and Support services subscription. For the avoidance of doubt, Customer acknowledges and agrees that it may not make any changes, fix any bugs, create any new versions, or otherwise modify any Customer product that includes or depends on the Licensed Product unless Customer is currently operating under an active Maintenance and Support services subscription. (d) Additionally, Customer acknowledges and agrees that upon termination of this Agreement, Customer will remove all Licensed Products and Licensed Assemblies from any Customer product or other software that is used internally within Customer’s organization (including that of its subsidiaries and affiliates). (e) Customer acknowledges and agrees that in the event of the termination of this Agreement for material breach, Customer will no longer have the right to possess the Licensed Assemblies, and subsequently cannot distribute any software code or application that includes the Licensed Product. (ef) This Section only pertains to Retail Licenses and is not applicable to Team, Project, Division, or Global Licenses.

Appears in 3 contracts

Samples: Software License Agreement, Software License Agreement, Software License Agreement

Retail Licenses. (a) Subject to the limitations of the Agreement, and so long as the term of this Agreement is continuous and has never been terminated, the term of the rights licensed under this Agreement with regard to the continued distribution of compiled binaries created by Customer that (i) incorporate or depend on the Licensed Product, and (ii) were created while under an active Maintenance and Support services subscription, and (iii) do not and have not violated the limitations of Section 4.2(f), is perpetual. However, Customer’s right to any create modified binaries that are incorporated in Customer’s products is term-limited to the period of time that Customer is under an active Maintenance and Support services subscription, as further set forth in detail in Section 4.2(f). Maintenance and Support services subscriptions under Section 10 are generally limited in duration to one (1) year, subject to renewal at Syncfusion’s sole discretion. For the avoidance of doubt, Xxxxxxxx acknowledges and agrees that the only portion of the rights licensed hereunder that is perpetual is the limited right to Distribute the compiled binaries that were incorporated in Customer’s product and that were created when all modified binaries were created under an active Maintenance and Support services subscription. (b) Syncfusion agrees that any expiration of this Agreement shall not affect Customer’s right to Distribute Licensed Assemblies so long as: (i) such Licensed Assemblies were incorporated into Customer’s products prior to the expiration of an active Maintenance and Support services subscription, and (ii) so long as Customer’s products were distributed for external use (i.e. by Customer to individuals outside of Customer’s organization, subsidiaries, and affiliates) prior to any such expiration of an active Maintenance and Support services subscription, and (iii) so long as Customer is in compliance with the limitations of Section 4.2(f) and all applicable limitations in this Agreement. (c) Customer acknowledges and agrees that any of the following actions are deemed material breaches of this Agreement: (i) creating or modifying any binaries that are incorporated in a Customer product while Customer is not under an active Maintenance and Support services subscription; and/or (ii) Distributing any Customer product or other software that include any modified binaries in any part of the Customer product (or other software) that incorporates Syncfusion Licensed Products if created at a time when Customer was not under an active Maintenance and Support services subscription. For the avoidance of doubt, Customer acknowledges and agrees that it may not make any changes, fix any bugs, create any new versions, or otherwise modify any Customer product that includes or depends on the Licensed Product unless Customer is currently operating under an active Maintenance and Support services subscription. (d) Additionally, Customer acknowledges and agrees that upon termination of this Agreement, Customer will remove all Licensed Products and Licensed Assemblies from any Customer product or other software that is used internally within Customer’s organization (including that of its subsidiaries and affiliates). (e) Customer acknowledges and agrees that in the event of the termination of this Agreement for material breach, Customer will no longer have the right to possess the Licensed Assemblies, and subsequently cannot distribute any software code or application that includes the Licensed Product. (ef) This Section only pertains to Retail Licenses and is not applicable to Team, Project, Division, or Global Licenses.

Appears in 1 contract

Samples: Software License Agreement

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Retail Licenses. (a) Subject to the limitations of the Agreement, and so long as the term of this Agreement is continuous and has never been terminated, the term of the rights licensed under this Agreement with regard to the continued distribution of compiled binaries created by Customer that (i) incorporate or depend on the Licensed Product, and (ii) were created while under an active Maintenance and Support services subscription, and (iii) do not and have not violated the limitations of Section 4.2(f), is perpetual. However, Customer’s right to any create modified binaries that are incorporated in Customer’s products is term-limited to the period of time that Customer is under an active Maintenance and Support services subscription, as further set forth in detail in Section 4.2(f). Maintenance and Support services subscriptions under Section 10 are generally limited in duration to one (1) year, subject to renewal at Syncfusion’s sole discretion. For the avoidance of doubt, Xxxxxxxx Customer acknowledges and agrees that the only portion of the rights licensed hereunder that is perpetual is the limited right to Distribute re-distribute the compiled binaries that were incorporated in Customer’s product and that were created when all modified binaries were created under an active Maintenance and Support services subscription. (b) Syncfusion agrees that any expiration of this Agreement shall not affect Customer’s right to Distribute re-distribute Licensed Assemblies so long as: (i) such Licensed Assemblies were incorporated into Customer’s products prior to the expiration of an active Maintenance and Support services subscription, and (ii) so long as Customer’s products were distributed for external use (i.e. by Customer to individuals outside of Customer’s organization, subsidiaries, and affiliates) prior to any such expiration of an active Maintenance and Support services subscription, and (iii) so long as Customer is in compliance with the limitations of Section 4.2(f) and all applicable limitations in this Agreement. (c) Customer acknowledges and agrees that any of the following actions are deemed material breaches of this Agreement: (i) creating or modifying any binaries that are incorporated in a Customer product while Customer is not under an active Maintenance and Support services subscription; and/or (ii) Distributing re-distributing any Customer product or other software that include any modified binaries in any part of the Customer product (or other software) that incorporates Syncfusion Licensed Products if created at a time when Customer was not under an active Maintenance and Support services subscription. For the avoidance of doubt, Customer acknowledges and agrees that it may not make any changes, fix any bugs, create any new versions, or otherwise modify any Customer product that includes or depends on the Licensed Product unless Customer is currently operating under an active Maintenance and Support services subscription. (d) Additionally, Customer acknowledges and agrees that upon termination of this Agreement, Customer will remove all Licensed Products and Licensed Assemblies from any Customer product or other software that is used internally within Customer’s organization (including that of its subsidiaries and affiliates). (e) Customer acknowledges and agrees that in the event of the termination of this Agreement for material breach, Customer will no longer have the right to possess the Licensed Assemblies, and subsequently cannot distribute any software code or application that includes the Licensed Product. (ef) This Section only pertains to Retail Licenses and is not applicable to Team, Project, Division, or Global Licenses.

Appears in 1 contract

Samples: Software License Agreement

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