Rights and Restrictions. 1.1 MicroStrategy grants Licensee and its Affiliates a perpetual (except as otherwise set forth in this Agreement or an Order), non-exclusive and non-transferable (except as set forth in this Agreement) license to (a) install the Products listed on an Order on servers and workstations under the control of Licensee in the Territory, and (b) to grant Named Users access to the Product Licenses in support solely of Licensee’s internal business operations according to the terms and conditions of this Agreement. These rights are granted only for the Products listed on an Order, even if the Products are delivered on media containing other software. Affiliate usage of Product Licenses is subject to the terms and conditions of this Agreement and such Affiliates shall be deemed to be a Licensee when placing an Order or using Product Licenses. 1.2 MicroStrategy shall supply one copy of each Product licensed under this Agreement to Licensee by shipment FCA, point of shipment or by making it available to Licensee via an electronic download. Licensee may make copies of licensed Products (1) for production purposes, not exceeding total licensed capacity; or (2) for archival purposes, as reasonably necessary. 1.3 Licensee shall not: a. copy, display, distribute, or otherwise use the Products, in any manner or for any purpose not expressly authorized by this Agreement; or b. create derivative works of or otherwise modify the Products; or c. reverse engineer, decompile, or disassemble the Products or the metadata created by the Products; or d. disclose results of any benchmarking tests without MicroStrategy’s prior consent; or e. use a Product License for outsourcing or provide any access to the Products through a service bureau, time- sharing or ASP arrangement. 1.4 Licensee acquires no ownership rights in or title to the Products. The Products are licensed and not sold. MicroStrategy and its licensors retain all ownership rights in and title to the Products. 1.5 Subject to the restrictions set forth in this Agreement or an Order, Licensee may allow its contractors or agents under a written agreement with Licensee to use a Product License for the sole benefit of Licensee. Licensee shall be fully responsible for any failure of such parties to comply with the terms of this Agreement and any Order. 1.6 Licensee acknowledges that installation of the Products involves a CD key that may restrict installation of the Products to the Products licensed. MicroStrategy also embeds algorithms in the Products that periodically compare the Product Licenses enabled against the Products licensed. Such algorithms shall not transmit any information outside of Licensee's networks without Licensee's prior written consent. Licensee further acknowledges that the Products require activation on initial installation of the Products and from time to time based on events that include Updates and changes to Licensee hardware on which the Products are installed. Failure to activate the Products within 30 days after installation will cause the Products to cease working, but Licensee may initiate and complete the activation process at any time by accessing the license manager feature in the Products, which will remain functional, in order to activate the Products. Licensee acknowledges that the CD key and internal controls in the Products may not restrict usage to the licensed amounts and do not ensure compliance with this Agreement.
Appears in 2 contracts
Samples: Master Software License and Services Agreement, Master Software License and Services Agreement
Rights and Restrictions. 1.1 MicroStrategy grants Licensee and its Affiliates a perpetual (except as otherwise set forth in this Agreement or an Order), non-exclusive and non-transferable (except as set forth in this Agreement) license to (a) install the Products listed on an Order on servers and workstations under the control of Licensee in the Territory, and (b) to grant Named Users access to the Product Licenses in support solely of Licensee’s internal business operations according to the terms and conditions of this Agreement. These rights are granted only for the Products listed on an Order, even if the Products are delivered on media containing other software. Affiliate usage of Product Licenses is subject to the terms and conditions of this Agreement and such Affiliates shall be deemed to be a Licensee when placing an Order or using Product Licenses.
1.2 MicroStrategy shall supply one copy of each Product licensed under this Agreement to Licensee by shipment FCA, point of shipment or by making it available to Licensee via an electronic download. Licensee may make copies of licensed Products (1) for production purposes, not exceeding total licensed capacity; or (2) for archival purposes, as reasonably necessary.
1.3 Licensee shall not:
a. copy, display, distribute, or otherwise use the Products, in any manner or for any purpose not expressly authorized by this Agreement; or
b. create derivative works of or otherwise modify the Products; or
c. reverse engineer, decompile, decompile or disassemble the Products or the metadata created by the Products; or
d. disclose results of any benchmarking tests without MicroStrategy’s prior consent; or
e. use a Product License for outsourcing or provide any access to the Products through a service bureau, time- time-sharing or ASP arrangement.
1.4 Licensee acquires no ownership rights in or title to the Products. The Products are licensed and not sold. MicroStrategy and its licensors retain all ownership rights in and title to the Products.
1.5 Subject to the restrictions set forth in this Agreement or an Order, Licensee may allow its contractors or agents under a written agreement with Licensee to use a Product License for the sole benefit of Licensee. Licensee shall be fully responsible for any failure of such parties to comply with the terms of this Agreement and any Order.
1.6 Licensee acknowledges that installation of the Products involves a CD key that may restrict installation of the Products to the Products licensed. MicroStrategy also embeds algorithms in the Products that periodically compare the Product Licenses enabled against the Products licensed. Such algorithms shall not transmit any information outside of Licensee's networks without Licensee's prior written consent. Licensee further acknowledges that the Products require activation on initial installation of the Products and from time to time based on events that include Updates and changes to Licensee hardware on which the Products are installed. Failure to activate the Products within 30 days after installation will cause the Products to cease working, but Licensee may initiate and complete the activation process at any time by accessing the license manager feature in the Products, which will remain functional, in order to activate the Products. Licensee acknowledges that the CD key and internal controls in the Products may not restrict usage to the licensed amounts and do not ensure compliance with this Agreement.
Appears in 2 contracts
Samples: Software License Agreement, Software License Agreement
Rights and Restrictions. 1.1 MicroStrategy grants Licensee and its Affiliates a perpetual (except as otherwise set forth in this Agreement or an Order), non-exclusive and non-transferable (except as set forth in this Agreement) license to (a) install the Products listed on an Order on servers and workstations under the control of Licensee in the Territory, and (b) to grant Named Users access to the Product Licenses in support solely of Licensee’s internal business operations according to the terms and conditions of this Agreement. These rights are granted only for the Products listed on an Order, even if the Products are delivered on media containing other software. Affiliate usage of Product Licenses is subject to the terms and conditions of this Agreement and such Affiliates shall be deemed to be a Licensee when placing an Order or using Product Licenses.
1.2 MicroStrategy shall supply one copy of each Product licensed under this Agreement to Licensee by shipment FCA, point of shipment or by making it available to Licensee via an electronic download. Licensee may make copies of licensed Products (1a) for production purposes, not exceeding total licensed capacity; or (2b) for archival purposes, as reasonably necessary.
1.3 Licensee shall not:
a. copy, display, distribute, or otherwise use the Products, in any manner or for any purpose not expressly authorized by this Agreement; or
b. create derivative works of or otherwise modify the Products; or
c. reverse engineer, decompile, or disassemble the Products or the metadata created by the Products; or
d. disclose results of any benchmarking tests without MicroStrategy’s prior consent; or
e. use a Product License for outsourcing or provide any access to the Products through a service bureau, time- sharing or ASP arrangement.
1.4 Licensee acquires no ownership rights in or title to the Products. The Products are licensed and not sold. MicroStrategy and its licensors retain all ownership rights in and title to the Products.
1.5 Subject to the restrictions set forth in this Agreement or an Order, Licensee may allow its contractors or agents under a written agreement with Licensee to use a Product License for the sole benefit of Licensee. Licensee shall be fully responsible for any failure of such parties to comply with the terms of this Agreement and any Order.
1.6 Licensee acknowledges that installation of the Products involves a CD key that may restrict installation of the Products to the Products licensed. MicroStrategy also embeds algorithms in the Products that periodically compare the Product Licenses enabled against the Products licensed. Such algorithms shall not transmit any information outside of Licensee's networks without Licensee's prior written consent. Licensee further acknowledges that the Products require activation on initial installation of the Products and from time to time based on events that include Updates and changes to Licensee hardware on which the Products are installed. Failure to activate the Products within 30 days after installation will cause the Products to cease working, but Licensee may initiate and complete the activation process at any time by accessing the license manager feature in the Products, which will remain functional, in order to activate the Products. Licensee acknowledges that the CD key and internal controls in the Products may not restrict usage to the licensed amounts and do not ensure compliance with this Agreement.
Appears in 1 contract
Rights and Restrictions. 1.1 MicroStrategy grants Licensee and its Affiliates a perpetual (except as otherwise set forth in this Agreement or an Order), non-exclusive and non-transferable (except as set forth in this Agreement) license to (a) install the Products listed on an Order on servers and workstations under the control of Licensee in the Territory, and (b) to grant Named Users access to the Product Licenses in support solely of Licensee’s internal business operations according to the terms and conditions of this Agreement. These rights are granted only for the Products listed on an Order, even if the Products are delivered on media containing other software. Affiliate usage of Product Licenses is subject to the terms and conditions of this Agreement and such Affiliates shall be deemed to be a Licensee when placing an Order or using Product Licenses.
1.2 MicroStrategy shall supply one copy of each Product licensed under this Agreement to Licensee by shipment FCA, point of shipment or by making it available to Licensee via an electronic download. Licensee may make copies of licensed Products (1) for production purposes, not exceeding total licensed capacity; or (2) for archival purposes, as reasonably necessary.
1.3 Licensee shall not:
a. copy, display, distribute, or otherwise use the Products, in any manner or for any purpose not expressly authorized by this Agreement; or
b. create derivative works of or otherwise modify the Products; or
c. reverse engineer, decompile, or disassemble the Products or the metadata created by the Products; or
d. disclose results of any benchmarking tests without MicroStrategy’s prior consent; or
e. use a Product License for outsourcing or provide any access to the Products through a service bureau, time- sharing or ASP arrangement.
1.4 Licensee acquires no ownership rights in or title to the Products. The Products are licensed and not sold. MicroStrategy and its licensors retain all ownership rights in and title to the Products.
1.5 Subject to the restrictions set forth in this Agreement or an Order, Licensee may allow its contractors or agents under a written agreement with Licensee to use a Product License for the sole benefit of Licensee. Licensee shall be fully responsible for any failure of such parties to comply with the terms of this Agreement and any Order.
1.6 Licensee acknowledges that installation of the Products involves a CD key that may restrict installation of the Products to the Products licensed. MicroStrategy also embeds algorithms in the Products that periodically compare the Product Licenses enabled against the Products licensed. Such algorithms shall not transmit any information outside of Licensee's networks without Licensee's prior written consent. Licensee further acknowledges that the Products require activation on initial installation of the Products and from time to time based on events that include Updates and changes to Licensee hardware on which the Products are installed. Failure to activate the Products within 30 days after installation will cause the Products to cease working, but Licensee may initiate and complete the activation process at any time by accessing the license manager feature in the Products, which will remain functional, in order to activate the Products. Licensee acknowledges that the CD key and internal controls in the Products may not restrict usage to the licensed amounts and do not ensure compliance with this Agreement.
Appears in 1 contract
Rights and Restrictions. 1.1 MicroStrategy grants Licensee and its Affiliates a perpetual (except as otherwise set forth in this Agreement or an Order), non-exclusive and non-transferable (except as set forth in this Agreement) license to (a) install the Products listed on an Order on servers and workstations under the control of Licensee in the Territory, and (b) to grant Named Users access to the Product Licenses in support solely of Licensee’s internal business operations according to the terms and conditions of this Agreement. These rights are granted only for the Products listed on an Order, even if the Products are delivered on media containing other software. Affiliate usage of Product Licenses is subject to the terms and conditions of this Agreement and such Affiliates shall be deemed to be a Licensee when placing an Order or using Product Licenses.
1.2 MicroStrategy shall supply one copy of each Product licensed under this Agreement to Licensee by shipment FCA, point of shipment or by making it available to Licensee via an electronic download. Licensee may make copies of licensed Products (1) for production purposes, not exceeding total licensed capacity; or (2) for archival purposes, as reasonably necessary.
1.3 Licensee shall not:
a. copy, display, distribute, or otherwise use the Products, in any manner or for any purpose not expressly authorized by this Agreement; or
b. create derivative works of or otherwise modify the Products; or
c. reverse engineer, decompile, decompile or disassemble the Products or the metadata created by the Products; or
d. disclose results of any benchmarking tests without MicroStrategy’s prior consent; or
e. use a Product License for outsourcing or provide any access to the Products through a service bureau, time- time-sharing or ASP arrangement.
1.4 Licensee acquires no ownership rights in or title to the Products. The Products are licensed and not sold. MicroStrategy and its licensors retain all ownership rights in and title to the Products.
1.5 Subject to the restrictions set forth in this Agreement or an Order, Licensee may allow its contractors or agents under a written agreement with Licensee to use a Product License for the sole benefit of Licensee. Licensee shall be fully responsible for any failure of such parties to comply with the terms of this Agreement and any Order.
1.6 Licensee acknowledges that installation of the Products involves a CD key that may restrict installation of the Products to the Products licensed. MicroStrategy also embeds algorithms in the Products that periodically compare the Product Licenses enabled against the Products licensed. Such algorithms shall not transmit any information outside of Licensee's networks without Licensee's prior written consent. Licensee further acknowledges that the Products require activation on initial installation of the Products and from time to time based on events that include Updates and changes to Licensee hardware on which the Products are installed. Failure to activate the Products within 30 days after installation will cause the Products to cease working, but Licensee may initiate and complete the activation process at any time by accessing the license manager feature in the Products, which will remain functional, in order to activate the Products. Licensee acknowledges that the CD key and internal controls in the Products may not restrict usage to the licensed amounts and do not ensure compliance with this Agreement.
Appears in 1 contract
Samples: Software License Agreement