SALE OF SOFTWARE. Subject to the terms of this Agreement, FSS Corp., HHCA and HHP (collectively the "Software Owners"), do each hereby sell to VGPO and VGPO hereby purchases from the Software Owners the exclusive right to use, copy, reproduce and license the Software as defined in paragraph 2(b) of this Agreement throughout the United States of America and in all segments of any industries and markets in the United States.
SALE OF SOFTWARE. To the extent that the Contractual Products include software, whether it be software de- veloped or acquired by Unify itself ("Unify Software") or software sold to an authorized dealer by Unify which is not Unify Software ("Third-Party Software"), the Partner shall be entitled to grant to end customers a non-exclusive, non-transferable and non-sub licens- able right to use copies of the software products (hereinafter referred to as "Contractual Software") in accordance with the licensing conditions for the rele- vant Contractual Software and the provisions of the Agreement, in particular Section 5.3, for exclusive use in their business operations.
SALE OF SOFTWARE. In consideration of Section 1.b. below, as of the date of this Agreement, Assignor hereby transfers, sells, assigns and delivers to Assignee all right, title and interest in and to the Software (including Object Code and Source Code).
SALE OF SOFTWARE. Subject to the terms of this Agreement, TNTY (the “Software Owner”), do each hereby sell to Skips and Skips hereby purchases from the Software Owners the source code with an exclusive right to use, copy, reproduce and license the Software for use in its own business operations, and to allow Skips to resell object code versions of the software to third parties, as defined in paragraph 2(b) of this Agreement throughout the United States of America and in all segments of any industries and markets in the United States.
SALE OF SOFTWARE. (a) Licensor shall not transfer ownership interest in the Software during the Initial Term other than to an Affiliate (as defined in the SPA) of Licensor, provided that if such Affiliate ceases to be an Affiliate of Licensor, such cessation shall be deemed a transfer or sale of the Software for purposes of this Paragraph 9.
(b) In the event that Licensor decides to sell the Software after the Initial Term other than to an Affiliate of Licensor, Licensee shall have a right of first offer to purchase the Software to be negotiated in good faith and exercisable by written notice to Licensor within ten (10) days after receipt by Licensee of Licensor's notice that it wishes to sell the Software. If Licensee does not exercise its right of first offer, Licensee may sell the Software to a third party, provided that the sale of the Software shall be subject to the License granted herein. If Licensee exercises its right of first offer but the parties do not come to terms of sale within sixty (60) days of commencing negotiations therefor, Licensor may sell the Software to a third party, provided that the terms and conditions of sale are not materially more favorable to such third party than the final terms and conditions offered to Licensee, and provided further that the sale of the Software shall be subject to the License granted herein.
(c) In the event Licensor does not decide to sell the Software but terminates the Maintenance Services pursuant to Subparagraph 4(b)(ii) hereof, Licensee may notify Licensor of its intent to purchase the Software and Licensor shall negotiate the sale of the Software to Licensee in good faith.
SALE OF SOFTWARE. At the Closing Z-Tel, Touch 1 and direcTEL US shall transfer and assign to WEBSMART, all of their right, title and interest in the proprietary legacy dialing platform, known as"ProDIAL" and/or "ProTEL" ("ProTEL platform"), including all source code and associated intellectual property. Such transfer and assignment shall include all rights to any patents, trademarks or copyrights associated with the ProTEL platform along with all written, printed or electronic documentation. Further, Z-TEL shall release all claims to the ProTEL platform, except to the extent that rights will be licensed back to Z-TEL hereunder. Such transfer document is attached hereto as Exhibit D and made a part hereof.
SALE OF SOFTWARE a. In consideration of Section 1.b. below, as of the date of this Agreement, Assignor hereby transfers, sells, assigns and delivers to Assignee all right, title and interest in and to the Software (including Object Code and Source Code).
b. In consideration of Section 1.a. above, and in consideration of a purchase price of $1.00 per share of common stock, par value $.01 per share of Assignee ("Common Stock"), as of the date of this Agreement, Assignee hereby issues and delivers to Assignor a certificate registered in Assignor's name for 100 shares (the "Shares") of Common Stock, constituting all of the issued and outstanding capital stock of Assignee. Delivery of such certificate shall be made against receipt by the Assignee of a check payable to the order of the Assignee in the full amount of the purchase price for the Shares being purchased by Assignor.
SALE OF SOFTWARE. RAIG TECHNOLOGIES (M) SDN BHD hereby sells to Buyer and Buyer hereby purchases from Developer. The Software shall be installed after the initial payment has been made. Cost of installing and other expenses like transportation shall be absorbed by RAIG TECHNOLOGIES (M) SDN BHD.
SALE OF SOFTWARE. Subject to the terms of this Agreement, SELLER hereby sells to PURCHASER, and PURCHASER hereby purchases from SELLER the exclusive right and ownership of the 420Cloud Software; to use, copy, reproduce and license the 420Cloud Software as defined in section 2.2 of this Agreement throughout the world. 2.
SALE OF SOFTWARE. To the extent that the Contractual Products include software, whether it be software de- veloped or acquired by Atos Unify itself ("Atos Unify Software") or software sold to an authorized dealer by Atos Unify which is not Atos Unify Software ("Third-Party Software"), the Partner shall be entitled to grant to end customers a non-exclusive, non-transferable and non-sub licensable right to use copies of the software products (hereinafter referred to as "Contractual Software") in accordance with the licensing conditions for the relevant Contractual Software and the provisions of the Agreement, in particular Section 5.3, for exclusive use in their business operations.