Runtime Product Distribution Requirements Sample Clauses

Runtime Product Distribution Requirements. If Licensee Distributes the Runtime Product to third parties pursuant to sections 4.2.4 or 4.2.5, Licensee shall comply with the following requirements: (a) Licensee Distributes copies of the Runtime Product solely as a part of an application that adds specific and primary functionality to the Runtime Product; (b) Licensee remains solely responsible for support, service, upgrades, and technical or other assistance, required or requested by anyone receiving such Runtime Product copies or sample applications; (c) Licensee does not use the name, logo, or trademark of Licensor, or the Product, without prior written permission from Licensor; (d) Licensee will defend, indemnify and hold Licensor harmless against any claims or liabilities arising out of the use, reproduction or distribution of Runtime Product or the associated application; (e) Licensee shall not distribute the Runtime Product with any general-purpose report writing, data analysis or report delivery product or any other product that performs the same or similar functions as Licensor product offerings; and (f) Licensee shall secure the end user’s (“End User”) consent to terms substantially similar to the following: End User agrees not to modify, disassemble, decompile, translate, adapt or reverse-engineer the Runtime Product or the report file (.RPT) format; End User agrees not to distribute the Runtime Product to any third party; End User agrees not to use the Runtime Product to create for distribution a product that is generally competitive with Licensor product offerings; End User agrees not to use the Runtime Product to create for distribution a product that converts the report file (.RPT) format to an alternative report file format used by any general-purpose report writing, data analysis or report delivery product that is not the property of Licensor; End User agrees not to use the Product on a rental or timesharing basis or to operate a service bureau facility for the benefit of third-parties; LICENSOR AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. LICENSOR AND ITS SUPPLIERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, COVER OR OTHER DAMAGES ARISING UNDER THIS AGREEMENT OR IN CONNECTION WITH THE SOFTWARE.
Sample 1
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