Seller Software. Seller Software" shall mean any software (including firmware and other software embedded in hardware devices) owned, developed (or currently being developed), used, marketed, distributed, licensed or sold by the Seller at any time (other than non-customized third-party software licensed to the Seller for internal use on a non-exclusive basis).
Seller Software. The warranty for any software provided by Seller shall be as provided in the applicable software license agreement for such software.
Seller Software. A. Performs substantially in accordance with all published specifications for such Programs;
B. Complies in all material respects with all other published documentation, descriptions and literature with respect to such Programs; and
C. Complies in all material respects with all representations, warranties and other requirements specified in all of Seller's License Agreements.
Seller Software. Seller warrants that software will perform in accordance with functional specifications at delivery.1 This warranty does not apply to center network systems with modified computer hardware, additional computers, terminals, or peripherals2 that have been added to the center network system, or if software other than that provided by Seller is installed on or used with center network systems without Seller’s written approval. The total value of such warranty service, including equipment and labor costs, shall not exceed the original purchase price of the software. This warranty specifically excludes all business risks associated with installing, operating and use of this software or system, including, but not limited to, business interruption and lost profits. The following software is approved for use with center network systems without Seller’s written approval but is not supported by Seller:
Seller Software. If the Equipment has the Seller’s Software, then Seller will use it best efforts to test any software provided by Seller to detect and remove any viruses or other malware that could have an adverse impact on the Seller’s Software or the Equipment. If Seller introduces a virus or other malware into the Seller’s Software, the Seller will, at its sole cost and expense, remediate the effects of the virus or malware, including restoring any lost data, such that the Equipment and Seller Software operates in accordance with the OEM specifications. If the Equipment is connected to BCM’s network, then throughout the term of this Agreement, the Seller shall always comply with the BCM’s then current Remote Access Policies.
Seller Software. (a) Schedule 3.12(a) sets forth a complete and accurate list of all material software owned by the Seller, UMKK or UMNet and used by Seller, UMKK or UMNet exclusively in the Business (“Seller Software”). Subject to provisions of applicable Legal Requirements and except as set forth on Schedule 3.12(a), Seller, UMKK or UMNet is the sole and exclusive owner of all right and title and interest in and to the Seller Software, free and clear of Encumbrances.
(b) No written claims have been received by Seller, UMKK or UMNet from any other Person to the effect that the use by Seller, UMKK or UMNet of Seller Software infringes any Intellectual Property of such other Person.
(c) Except as set forth on Schedule 3.12(c), to the Knowledge of Seller, no other Person is infringing upon the Intellectual Property of Seller, UMKK or UMNet in the Seller Software.
(d) Seller, UMKK or UMNet has not licensed or provided to any other Person any source code for any Seller Software (other than with respect to any access or use for the benefit of Seller, UMKK or UMNet). None of Seller, UMKK or UMNet is currently a party to any Contract (or a party to any Contract obligating Seller, UMKK or UMNet to enter into a Contract) requiring the deposit into escrow of source code of any Seller Software.
(e) Except as set forth on Schedule 3.12(e), to the Knowledge of Seller, no third party software is incorporated in, or linked to, any Seller Software that is subject to terms and conditions that require the disclosure to any other Person of any source code of the Seller Software, based on the use of such Seller Software in the Business prior to the Closing Date.
Seller Software. Any computer software, software development tools, software methodologies and processes, or software technologies owned by Seller and which may during the term of this Agreement be operated or used by Seller in connection with the provision of the Transition Services hereunder will remain Seller's sole and exclusive property, and Buyer will have no rights or interests therein.
Seller Software. “Seller Software” shall mean any software (including software development tools and software embedded in hardware devices, and all updates, upgrades, releases, enhancements, and bug fixes) owned, developed (or currently being developed), used, marketed, distributed, licensed, or sold by the Seller in connection with the operation of the Business at any time.
Seller Software. To Seller’s Knowledge, the Seller Software is free of all viruses, worms and other material known contaminants and does not contain any bugs, errors or problems of a material nature that disrupt its operation or have an adverse impact on the operation of other software programs or operating systems. None of the Seller Software is licensed pursuant to an Open Source License or incorporates or is based on any computer software that is licensed pursuant to an Open Source License.
Seller Software. “Seller Software” will mean the software (including firmware and other software embedded in hardware devices) owned, developed, used, marketed, distributed, licensed, or sold by Symbiont at any time (other than non-customized third-party software licensed to Symbiont for internal use on a non-exclusive basis) that was sold, assigned, transferred, conveyed and delivered to Seller pursuant to the Symbiont APA (as well as any developments to such software made by Seller following such purchase).
