Right of Use. 2.1 Except as expressly otherwise agreed in this Contract, as between the parties all intellectual and industrial property rights in the Supplies, in all documents provided by Siemens in connection with this Contract (the “Documents”) and in all software, hardware, knowhow (“IPR”) and other things provided with or as part of the Supplies and the Documents shall be the exclusive property of and vest in Siemens. The Customer shall not reverse engineer, decompile, or reproduce the Supplies or parts thereof and shall ensure that third parties will not reverse engineer, decompile, or reproduce the Supplies or parts thereof in each case to the extent mandatory law does not prohibit such limitation. 2.2 The Customer may use the Documents unmodified and to the extent necessary for operation and routine maintenance of the Supplies by the Customer’s own personnel, unless explicitly agreed otherwise in writing by Siemens. 2.3 If the Supplies include Siemens software, such software is licenced under the license terms contained in the software documentation, the software itself or in the attached license terms (in each case the “applicable license conditions”), which shall prevail over this Clause 2. The software is issued in object code without source codes. The license hereunder only grants the non-exclusive right to use the software as described in the applicable license conditions or, if there are no applicable license terms, for the purpose of operation and routine maintenance of the Supplies. 2.4 The Supplies may include third party software. Insofar as specific license terms of the third party licensor apply, Siemens will provide such license terms together with the Supplies. The Customer shall comply with such third party license terms. 2.5 Insofar as the software contains Open Source Software (“OSS”), Siemens will provide the applicable OSS license terms together with the Supplies. The OSS license terms shall prevail over this Contract. Details regarding any third-party software and OSS contained in the Supplies are available in the software documentation (e.g. README_OSS). 2.6 The rights granted in Clause 2 shall be transferable to a third party only together with the transfer of ownership of all of the Supplies to that third party. 2.7 Without prejudice to the Customer’s intellectual property rights and subject to compliance with applicable law, Siemens and its Affiliates may for its own business purposes collect, use, modify, and copy any data received in connection with the Supplies. Any legal obligations regarding personal data shall remain unaffected.
Appears in 6 contracts
Samples: Terms and Conditions, Terms and Conditions, Terms and Conditions
Right of Use. 2.1 Except as expressly otherwise agreed in this Contract, as between the parties all intellectual and industrial property rights in the Supplies, in all documents provided by Siemens Trench in connection with this Contract (the “Documents”) and in all software, hardware, knowhow (“IPR”) and other things provided with or as part of the Supplies and the Documents shall be the exclusive property of and vest in SiemensTrench. The Customer shall not reverse engineer, decompile, or reproduce the Supplies or parts thereof and shall ensure that third parties will not reverse engineer, decompile, or reproduce the Supplies or parts thereof in each case to the extent mandatory law does not prohibit such limitation.
2.2 The Customer may use the Documents unmodified and to the extent necessary for operation and routine maintenance of the Supplies by the Customer’s own personnel, unless explicitly agreed otherwise in writing by SiemensXxxxxx.
2.3 If the Supplies include Siemens Trench software, such software is licenced under the license terms contained in the software documentation, the software itself or in the attached license terms (in each case the “applicable license conditions”), which shall prevail over this Clause 2. The software is issued in object code without source codes. The license hereunder only grants the non-exclusive right to use the software as described in the applicable license conditions or, if there are no applicable license terms, for the purpose of operation and routine maintenance of the Supplies.
2.4 The Supplies may include third party software. Insofar as specific license terms of the third party licensor apply, Siemens Trench will provide such license terms together with the Supplies. The Customer shall comply with such third party license terms.
2.5 Insofar as the software contains Open Source Software (“OSS”), Siemens Trench will provide the applicable OSS license terms together with the Supplies. The OSS license terms shall prevail over this Contract. Details regarding any third-party software and OSS contained in the Supplies are available in the software documentation (e.g. README_OSS).
2.6 The rights granted in Clause 2 shall be transferable to a third party only together with the transfer of ownership of all of the Supplies to that third party.
2.7 Without prejudice to the Customer’s intellectual property rights and subject to compliance with applicable law, Siemens Trench and its Affiliates may for its own business purposes collect, use, modify, and copy any data received in connection with the Supplies. Any legal obligations regarding personal data shall remain unaffected.
Appears in 2 contracts
Samples: International Terms and Conditions, International Terms and Conditions
Right of Use. 2.1 Except as expressly otherwise agreed in this Contract, as between the parties all intellectual and industrial property rights in the Supplies, in all documents provided by Siemens Innomotics in connection with this Contract (the “Documents”) and in all software, hardware, knowhow (the “IPR”) and other things provided with or as part of the Supplies and the Documents shall be the exclusive property of and vest in SiemensInnomotics. The Customer shall not reverse engineer, decompile, or reproduce the Supplies or parts thereof and shall ensure that third parties will not reverse engineer, decompile, or reproduce the Supplies or parts thereof in each case to the extent mandatory law does not prohibit such limitation.
2.2 The Customer may use the Documents unmodified and to the extent necessary for operation and routine maintenance of the Supplies by the Customer’s own personnel, unless explicitly agreed otherwise in writing by SiemensInnomotics.
2.3 If the Supplies include Siemens Innomotics software, such software is licenced licensed under the license licence terms contained in the software documentation, the software itself or in the attached license licence terms (in each case the “applicable license conditions”), which shall prevail over this Clause 2. The software is issued in object code without source codes. The license hereunder licence only grants the non-exclusive right to use the software as described in the applicable license licence conditions or, if there are no applicable license terms, for the purpose of operation and routine maintenance of the Supplies.
2.4 The Supplies may include contain software and technology from third-party providers, including open-source software licensed by third parties ("Third-Party Technology") under separate terms ("Third-Party Provider Terms”). Innomotics shall indicate the Third-Party Technology and Third-Party Provider Terms in the software documentation, in source code supplied (if any), in the additional supplementary terms and/or in the "Readme_OSS" or similar files insofar as Innomotics is required to do so. If the Third-Party Provider Terms require that Innomotics provide Third-Party Technologies in the form of source code, Innomotics shall do so on request and on reimbursement of its reasonable expenses for so doing.
2.5 The Third-Party Technology may contain open-source software components ("OSS Components") and/or components that are not open-source software ("Commercial Software"). Innomotics describes in the "Readme_OSS" or similar files whether Third-Party Technology is OSS Components or Commercial Software. The Customer is entitled to use OSS Components in accordance with the respective applicable open source software license conditions ("OSS Conditions"), which OSS Conditions shall prevail over the Contract in respect of the OSS Components. These OSS Conditions shall have priority also in relation to the software in the Supplies or parts thereof insofar as the OSS Conditions grant the Customer certain rights of use on the basis of the connection of OSS Components with the software.
2.6 If the software contains Commercial Software that is subject to Third-Party Provider Terms ("Commercial Terms"), these Commercial Terms shall apply to the liability of the third-party softwareprovider in relation to the Customer. Insofar These Commercial Terms shall govern the licensing relationship between the third-party provider and the Customer entirely in respect of the Commercial Software insofar as specific the Commercial Terms specified are expressly identified in the Contract as applying with exclusive effect. If Commercial Terms are specified for the Commercial Software contained in the software in a separate license sheet for the software or in the "Pass-Through Information" section of the Readme_OSS file with the addition "Separate Third-Party Licensor Terms", the Commercial Terms shall additionally apply between Innomotics and the Customer. The Commercial Terms shall have priority over the Contract in the event of contradictions. In terms of the third party licensor applyliability of Innomotics to the Customer, Siemens will provide such license terms together with the Supplies. The Customer Contract shall comply with such third party license termsapply in each case.
2.5 Insofar as the software contains Open Source Software (“OSS”), Siemens will provide the applicable OSS license terms together with the Supplies. The OSS license terms shall prevail over this Contract. Details regarding any third-party software and OSS contained in the Supplies are available in the software documentation (e.g. README_OSS).
2.6 2.7 The rights granted in Clause 2 shall be transferable to a third party only together with the transfer of ownership of all of the Supplies to that third party.
2.7 2.8 Without prejudice to the Customer’s intellectual property rights and subject to compliance with applicable law, Siemens Innomotics and its Affiliates may for its own business purposes collect, use, modify, and copy any data received in connection with the Supplies. Any legal obligations regarding personal data shall remain unaffected.
Appears in 2 contracts
Samples: Supply Agreement, Supply Agreement
Right of Use. 2.1 Except as expressly otherwise agreed in this Contract, as between the parties all intellectual and industrial property rights in the Supplies, in all documents provided by Siemens Trench in connection with this Contract (the “Documents”) and in all software, hardware, knowhow (“IPR”) and other things provided with or as part of the Supplies and the Documents shall be the exclusive property of and vest in SiemensTrench. The Customer shall not reverse engineer, decompile, or reproduce the Supplies or parts thereof and shall ensure that third parties will not reverse engineer, decompile, or reproduce the Supplies or parts thereof in each case to the extent mandatory law does not prohibit such limitation.
2.2 The Customer may use the Documents unmodified and to the extent necessary for operation and routine maintenance of the Supplies by the Customer’s own personnel, unless explicitly agreed otherwise in writing by SiemensXxxxxx.
2.3 If the Supplies include Siemens Trench’s software, such software is licenced under the license terms contained in the software documentation, the software itself or in the attached license terms (in each case the “applicable license conditionsApplicable License Conditions”), which shall prevail over this Clause 2. The software is issued in object code without source codes. The license hereunder only grants the non-exclusive right to use the software as described in the applicable license conditions Applicable License Conditions or, if there are no applicable license terms, for the purpose of operation and routine maintenance of the Supplies.
2.4 The Supplies may include third party software. Insofar as specific license terms of the third third-party licensor apply, Siemens Trench will provide such license terms together with the Supplies. The Customer shall comply with such third third-party license terms.
2.5 Insofar as the software contains Open Source Software (“OSS”), Siemens Trench will provide the applicable OSS license terms together with the Supplies. The OSS license terms shall prevail over this Contract. Details regarding any third-party software and OSS contained in the Supplies are available in the software documentation (e.g. README_OSS).
2.6 The rights granted in Clause 2 shall be transferable to a third party only together with the transfer of ownership of all of the Supplies to that third party.
2.7 Without prejudice to the Customer’s intellectual property rights and subject to compliance with applicable law, Siemens Trench and its Affiliates may for its own business purposes collect, use, modify, and copy any data received in connection with the Supplies. Any legal obligations regarding personal data shall remain unaffected.
Appears in 2 contracts
Samples: International Terms and Conditions, International Terms and Conditions
Right of Use. 2.1 Except as expressly otherwise agreed in this Contract, as between the parties all intellectual and industrial property rights in the Supplies, in all documents provided by Siemens Flender in connection with this Contract (the “Documents”) and in all software, hardware, knowhow (“IPR”) and other things provided with or as part of the Supplies and the Documents shall be the exclusive property of and vest in SiemensFlender. The Customer shall not be entitled to reverse engineer, to decompile, or to reproduce (or have reverse engineered, decompiled, or reproduced) the Supplies or parts thereof and shall ensure that third parties will not reverse engineer, decompile, or reproduce the Supplies or parts thereof in each case except to the extent mandatory law does not prohibit that such limitationrestrictions are unenforceable under the applicable law.
2.2 The Customer may use the Documents unmodified and to the extent necessary for operation and routine maintenance of the Supplies by the Customer’s own personnel, unless explicitly agreed otherwise in writing by SiemensXxxxxxx.
2.3 If the Supplies include Siemens Flender software, such software is licenced licensed under the license terms contained in the software documentation, the software itself or in the attached license terms (in each case the “applicable license conditions”), which shall prevail over this Clause 2. The software is issued in object code without source codes. The license hereunder only grants the non-non- exclusive right to use the software as described in the applicable license conditions or, if there are no applicable license terms, for the purpose of operation and routine maintenance of the Supplies.
2.4 The Supplies may include third party software. Insofar as specific license terms of the third party licensor apply, Siemens Flender will provide such license terms together with the Supplies. The Customer shall comply with such third party license terms.
2.5 Insofar as the software contains Open Source Software (“OSS”), Siemens Flender will provide the applicable OSS license terms together with the Supplies. The OSS license terms shall prevail over this Contract. Details regarding any third-party software and OSS contained in the Supplies are available in the software documentation (e.g. README_OSS).
2.6 The rights granted in Clause 2 shall be transferable to a third party only together with the transfer of ownership of all of the Supplies to that third party.
2.7 Without prejudice to the Customer’s intellectual property rights and subject to compliance with applicable law, Siemens Flender and its Affiliates may for its own business purposes collect, use, modify, and copy any data received in connection with the Suppliesunder this Contract. Any legal obligations regarding personal data shall remain unaffected.
Appears in 1 contract
Samples: General Terms and Conditions
Right of Use. 2.1 Except as expressly otherwise agreed in this Contract, as between the parties all intellectual and industrial property rights in the Supplies, in all documents provided by Siemens Flender in connection with this Contract (the “Documents”) and in all software, hardware, knowhow (“IPR”) and other things provided with or as part of the Supplies and the Documents shall be the exclusive property of and vest in SiemensFlender. The Customer shall not be entitled to reverse engineer, to decompile, or to reproduce (or have reverse engineered, decompiled, or reproduced) the Supplies or parts thereof and shall ensure that third parties will not reverse engineer, decompile, or reproduce the Supplies or parts thereof in each case except to the extent mandatory law does not prohibit that such limitationrestrictions are unenforceable under the applicable law.
2.2 The Customer may use the Documents unmodified and to the extent necessary for operation and routine maintenance of the Supplies by the Customer’s own personnel, unless explicitly agreed otherwise in writing by SiemensXxxxxxx.
2.3 If the Supplies include Siemens Flender software, such software is licenced licensed under the license terms contained in the software documentation, the software itself or in the attached license terms (in each case the “applicable license conditions”), which shall prevail over this Clause 2. The software is issued in object code without source codes. The license hereunder only grants the non-exclusive right to use the software as described in the applicable license conditions or, if there are no applicable license terms, for the purpose of operation and routine maintenance of the Supplies.
2.4 The Supplies may include third party software. Insofar as specific license terms of the third party licensor apply, Siemens Flender will provide such license terms together with the Supplies. The Customer shall comply with such third party license terms.
2.5 Insofar as the software contains Open Source Software (“OSS”), Siemens Flender will provide the applicable OSS license terms together with the Supplies. The OSS license terms shall prevail over this Contract. Details regarding any third-party software and OSS contained in the Supplies are available in the software documentation (e.g. README_OSS).
2.6 The rights granted in Clause 2 shall be transferable to a third party only together with the transfer of ownership of all of the Supplies to that third party.
2.7 Without prejudice to the Customer’s intellectual property rights and subject to compliance with applicable law, Siemens Flender and its Affiliates may for its own business purposes collect, use, modify, and copy any data received in connection with the Suppliesunder this Contract. Any legal obligations regarding personal data shall remain unaffected.
Appears in 1 contract
Samples: General Terms and Conditions
Right of Use. 2.1 1.1 Except as expressly otherwise agreed in this Contract, as between the parties all intellectual and industrial property rights in the Supplies, in all documents provided by Siemens in connection with this Contract (the “Documents”) and in all software, hardware, knowhow (“IPRIPRs”) and other things provided with or as part of the Supplies and the Documents shall be the exclusive property of and vest in Siemens. The Customer shall not reverse engineer, decompile, or reproduce the Supplies or parts thereof and shall ensure that third parties will not reverse engineer, decompile, decompile or reproduce the Supplies or parts thereof in each case to the extent mandatory law does not prohibit such limitation.
2.2 The Customer may use the Documents unmodified and to the extent necessary for operation and routine maintenance of the Supplies by the Customer’s own personnel, unless explicitly agreed otherwise in writing by Siemens.
2.3 If the Supplies include Siemens software, such software is licenced licensed under the license terms contained in the software documentation, the software itself or in the attached license licensed terms (in each case the “applicable license conditions”), which shall prevail over this Clause 2. The software is issued in object code without source codes. The license hereunder only grants the non-exclusive right to use the software as described in the applicable license conditions or, if there are no applicable license terms, for the purpose of operation and routine maintenance of the Supplies.
2.4 The Supplies may include third party software. Insofar as specific license terms of the third party licensor apply, Siemens will provide such license terms together with the Supplies. The Customer shall comply with such third party license terms.
2.5 Insofar as the software contains Open Source Software (“OSS”), Siemens will provide the applicable OSS license terms together with the Supplies. The OSS license terms shall prevail over this Contract. Details regarding any third-party software and OSS contained in the Supplies are available in the software documentation (e.g. README_OSS).
2.6 The rights granted in Clause 2 shall be transferable to a third party only together with the transfer of ownership of all of the Supplies to that third party.
2.7 Without prejudice to the Customer’s intellectual property rights and subject to compliance with applicable law, Siemens and its Affiliates may for its own business purposes collect, use, modify, and copy any data received in connection with the Supplies. Any legal obligations regarding personal data shall remain unaffected.
Appears in 1 contract
Samples: Supplies Terms & Conditions