Common use of Right and License to Use Clause in Contracts

Right and License to Use. (1) Under this SLA the Software shall only be used for an educational or non-commercial purpose. If YOU desire to license the Software for a commercial purpose or other purpose not permitted under the scope of this SLA, YOU must enter into a separate software license agreement with think-cell Sales and pay all applicable license fees before engaging in such use. (2) During the term of this SLA, pursuant to Section 3 (Term and Termination), below, think-cell Sales hereby grants YOU a worldwide, non-exclusive, non-transferable, time-limited and terminable right and license to use the Software free of charge on the limited basis set forth in this SLA. All other right, title and interest in and to the Software and any enhancements or updates remain with think-cell Software, think-cell Sales and/or think-cell Operations. (3) The right and license to use the Software is subject to the provision of a license key (“Key”) which is issued by think-cell Sales and delivered to YOU at the beginning of YOUR license period and expires automatically on the end of YOUR license period. (4) The Software and the Key are delivered to YOU electronically by download and/or other electronic means of delivery provided by think-cell Operations. think-cell Sales shall only be responsible to hand over the Software and/or Key to think-cell Operations and instruct think-cell Operations to deliver the Software and/or the Key to YOU in accordance to the terms and conditions of this SLA. For the purpose of the delivery the Software and/or Key are handled by think-cell Operations. (5) Under this SLA, YOU may use the Software up to the level of use specified in this SLA, and make and install copies, including a backup copy, to support such use. The terms of this SLA apply to each copy made. YOU will reproduce all copyright notices and all other legends of ownership on each copy, or partial copy, of the Software. (6) Under this SLA, YOU are entitled to grant any of YOUR employees, academic staff and students the right and license to use the Software. Any such grant of right and license to use the Software is restricted to the use of the Software for YOUR academic/nonprofit purposes according to YOUR instructions. (7) YOU may not 1) use, copy, modify, or distribute the Software except as provided in this SLA; 2) reverse assemble, reverse compile, or otherwise translate the Software except if and as specifically permitted by this SLA or by mandatory statutory law without the possibility of contractual waiver; 3) sell, sublicense, rent, or lease the Software; or 4) provide graphics services for a fee using the Software. If the applicable laws under YOUR jurisdiction allow YOU to modify the Software, e.g., in case of a defect that is not eliminated by think-cell Sales within reasonable time or to establish compatibility with other software, YOU are not allowed to delegate the modification to a contractor that is or might become a potential competitor of think-cell Software and/or think-cell Sales. (8) YOU must ensure that anyone who uses the Software (accessed either locally or remotely) does so only for YOUR authorized use and fully complies with the terms and conditions of this SLA. YOU must protect YOUR Key against unauthorized use by third parties. In case a third party, including YOUR employees, academic staff or students, infringes the terms and conditions of this SLA and/or the intellectual property rights of think-cell Software, think-cell Sales and/or think-cell Operations, YOU must inform think-cell Sales without undue delay after finding out about the infringement. Furthermore, YOU must closely co-operate with think-cell Software, think-cell Sales and/or think-cell Operations to stop the infringement. The same applies if YOU receive a request from an unauthorized third party to allow and grant access and use of the Software - in particular from individuals or organizations formerly related to YOU. (9) The right and license to use the Software will expire at the termination of this SLA, pursuant to Section 3 (Term and Termination), below.

Right and License to Use. (1) Under this SLA the Software shall only be used for an educational or non-commercial purpose. If YOU desire to license the Software for a commercial purpose or other purpose not permitted under the scope of this SLA, YOU must enter into a separate software license agreement with think-cell Sales Software and pay all applicable license fees before engaging in such use. (2) During the term of this SLA, pursuant to Section 3 (Term and Termination), below, think-cell Sales Software hereby grants YOU a worldwide, non-exclusive, non-transferable, time-limited and terminable right and license to use the Software free of charge on the limited basis set forth in this SLA. All other right, title and interest in and to the Software and any enhancements or updates remain with think-cell Software, think-cell Sales Software and/or think-cell Operations. (3) The right and license to use the Software is subject to the provision of a license key (“Key”) which is issued by think-cell Sales Software and delivered to YOU at the beginning of YOUR license period and expires automatically on the end of YOUR license period. (4) The Software and the Key are delivered to YOU electronically by download and/or other electronic means of delivery provided by think-cell Operations. think-cell Sales Software shall only be responsible to hand over the Software and/or Key to think-cell Operations and instruct think-cell Operations to deliver the Software and/or the Key to YOU in accordance to the terms and conditions of this SLA. For the purpose of the delivery the Software and/or Key are handled by think-cell Operations. (5) Under this SLA, YOU may use the Software up to the level of use specified in this SLA, and make and install copies, including a backup copy, to support such use. The terms of this SLA apply to each copy made. YOU will reproduce all copyright notices and all other legends of ownership on each copy, or partial copy, of the Software. (6) Under this SLA, YOU are entitled to grant any of YOUR employees, academic staff and students the right and license to use the Software. Any such grant of right and license to use the Software is restricted to the use of the Software for YOUR academic/nonprofit purposes according to YOUR instructions. (7) YOU may not 1) use, copy, modify, or distribute the Software except as provided in this SLA; 2) reverse assemble, reverse compile, or otherwise translate the Software except if and as specifically permitted by this SLA or by mandatory statutory law without the possibility of contractual waiver; 3) sell, sublicense, rent, or lease the Software; or 4) provide graphics services for a fee using the Software. If the applicable laws under YOUR jurisdiction allow YOU to modify the Software, e.g., in case of a defect that is not eliminated by think-cell Sales Software within reasonable time or to establish compatibility with other software, YOU are not allowed to delegate the modification to a contractor that is or might become a potential competitor of think-cell Software and/or think-cell SalesOperations. (8) YOU must ensure that anyone who uses the Software (accessed either locally or remotely) does so only for YOUR authorized use and fully complies with the terms and conditions of this SLA. YOU must protect YOUR Key against unauthorized use by third parties. In case a third party, including YOUR employees, academic staff or students, infringes the terms and conditions of this SLA and/or the intellectual property rights of think-cell Software, think-cell Sales Software and/or think-cell Operations, YOU must inform think-cell Sales Software without undue delay after finding out about the infringement. Furthermore, YOU must closely co-operate with think-cell Software, think-cell Sales Software and/or think-cell Operations to stop the infringement. The same applies if YOU receive a request from an unauthorized third party to allow and grant access and use of the Software - in particular from individuals or organizations formerly related to YOU. (9) The right and license to use the Software will expire at the termination of this SLA, pursuant to Section 3 (Term and Termination), below.

Right and License to Use. (1) Under this SLA the Software shall only be used for an educational or non-commercial purpose. If YOU desire to license the Software for a commercial purpose or other purpose not permitted under the scope of this SLA, YOU must enter into a separate software license agreement with think-cell Sales and pay all applicable license fees before engaging in such use. (2) During the term of this SLA, pursuant to Section 3 (Term and Termination), below, think-cell Sales hereby grants YOU a worldwide, non-exclusive, non-transferable, time-limited and terminable right and license to use the Software free of charge on the limited basis set forth in this SLA. All other right, title and interest in and to the Software and any enhancements or updates remain with think-cell Software, think-cell Sales and/or think-cell Operations. (3) The right and license to use the Software is subject to the provision of a license key (“Key”) which is issued by think-cell Sales and delivered to YOU at the beginning of YOUR license period and expires automatically on the end of YOUR license period. (4) The Software and the Key are delivered to YOU electronically by download and/or other electronic means of delivery provided by think-cell Operations. think-cell Sales shall only be responsible to hand over the Software and/or Key to think-cell Operations and instruct think-cell Operations to deliver the Software and/or the Key to YOU in accordance to the terms and conditions of this SLA. For the purpose of the delivery the Software and/or Key are handled by think-cell Operations. (5) Under this SLA, YOU may use the Software up to the level of use specified in this SLA, and make and install copies, including a backup copy, to support such use. The terms of this SLA apply to each copy made. YOU will reproduce all copyright notices and all other legends of ownership on each copy, or partial copy, of the Software. (6) Under this SLA, YOU are entitled to grant any of YOUR employees, academic staff and students the right and license to use the Software. Any such grant of right and license to use the Software is restricted to the use of the Software for YOUR academic/nonprofit purposes according to YOUR instructions. (7) YOU may not 1) use, copy, modify, or distribute the Software except as provided in this SLA; 2) reverse assemble, reverse compile, or otherwise translate the Software except if and as specifically permitted by this SLA or by mandatory statutory law without the possibility of contractual waiver; 3) sell, sublicense, rent, or lease the Software; or 4) provide graphics services for a fee using the Software. If the applicable laws under YOUR jurisdiction allow YOU to modify the Software, e.g., in case of a defect that is not eliminated by think-cell Sales within reasonable time or to establish compatibility with other software, YOU are not allowed to delegate the modification to a contractor that is or might become a potential competitor of think-cell Software and/or think-cell Sales. (8) YOU must ensure that anyone who uses the Software (accessed either locally or remotely) does so only for YOUR authorized use and fully complies with the terms and conditions of this SLA. YOU must protect YOUR Key against unauthorized use by third parties. In case a third party, including YOUR employees, academic staff or students, infringes the terms and conditions of this SLA and/or the intellectual property rights of think-cell Software, think-cell Sales and/or think-cell Operations, YOU must inform think-cell Sales without undue delay after finding out about the infringement. Furthermore, YOU must closely co-operate with think-cell Software, think-cell Sales and/or think-cell Operations to stop the infringement. The same applies if YOU receive a request from an unauthorized third party to allow and grant access and use of the Software - in particular from individuals or organizations formerly related to YOU. (9) The right and license to use the Software will expire at the termination of this SLA, pursuant to Section 3 (Term and Termination), below.

Right and License to Use. (1) Under this SLA the Software shall only be used for an educational or non-commercial purpose. If YOU desire to license the Software for a commercial purpose or other purpose not permitted under the scope of this SLA, YOU must enter into a separate software license agreement with think-cell Sales and pay all applicable license fees before engaging in such use. (2) During the term of this SLA, pursuant to Section 3 (Term and Termination), below, and subject to the payment of the license fee, pursuant to Section 4 (License Fee), below, think-cell Sales hereby grants YOU a worldwide, non-exclusive, non-transferable, time-limited and terminable right and license to use the Software free of charge on the limited basis set forth in this SLA. All other right, title and interest in and to the Software and any enhancements or updates remain with think-cell Software, think-cell Sales and/or think-cell Operations. (32) The right and license to use the Software is subject to the provision of a license key (“Key”) which is issued by think-cell Sales and delivered to YOU at the beginning of YOUR license period and expires automatically on the end of YOUR license period. (43) The Software and the Key are delivered to YOU electronically by download and/or other electronic means of delivery provided by think-cell Operations. think-cell Sales shall only be responsible to hand over the Software and/or Key to think-cell Operations and instruct think-cell Operations to deliver the Software and/or the Key to YOU in accordance to the terms and conditions of this SLA. For the purpose of the delivery the Software and/or Key are handled by think-cell Operations. (54) Under this SLA, YOU may use the Software up to the level of use specified in this SLA, and make and install copies, including a backup copy, to support such use. The terms of this SLA apply to each copy made. YOU will reproduce all copyright notices and all other legends of ownership on each copy, or partial copy, of the Software. (65) Under this SLA, YOU are entitled to grant any of YOUR employees, academic staff and students employees the right and license to use the Software, provided that YOU have included the specific employee whom YOU grant the right and license to use the Software in the number of individual users, pursuant to Section 4 (License Fee), below. Any such grant of right and license to use the Software is restricted to the use of the Software for YOUR academic/nonprofit commercial purposes according to YOUR instructions. Private use of the Software by YOUR employees is never permitted. (76) YOU may not 1) use, copy, modify, or distribute the Software except as provided in this SLA; 2) reverse assemble, reverse compile, or otherwise translate the Software except if and as specifically permitted by this SLA or by mandatory statutory law without the possibility of contractual waiver; or 3) sell, sublicense, rent, or lease the Software; or 4) provide graphics services for a fee using the Software. If the applicable laws under YOUR jurisdiction allow YOU to modify the Software, e.g., in case of a defect that is not eliminated by think-cell Sales within reasonable time or to establish compatibility with other software, YOU are not allowed to delegate the modification to a contractor that is or might become a potential competitor of think-cell Software and/or think-cell Sales. (8) 7) YOU must ensure that anyone who uses the Software (accessed either locally or remotely) does so only for YOUR authorized use and fully complies with the terms and conditions of this SLA. YOU must protect YOUR Key against unauthorized use by third parties. In case a third party, including YOUR employees, academic staff or students, infringes the terms and conditions of this SLA and/or the intellectual property rights of think-cell Software, think-cell Sales and/or think-cell Operations, YOU must inform think-cell Sales without undue delay after finding out about the infringement. Furthermore, YOU must closely co-operate with think-cell Software, think-cell Sales and/or think-cell Operations to stop the infringement. The same applies if YOU receive a request from an unauthorized third party to allow and grant access and use of the Software - in particular from individuals or organizations formerly related to YOUSoftware. (9) 8) The right and license to use the Software will expire at the termination of this SLA, pursuant to Section 3 (Term and Termination), below.