Software. Title and ownership to Existing Software Product(s) delivered by Contractor under the Contract that is normally commercially distributed on a license basis by the Contractor or other independent software vendor proprietary owner (“Existing Licensed Product”), embedded in the Custom Products, shall remain with Contractor or the proprietary owner of other independent software vendor(s) (ISV). Effective upon acceptance, such Product shall be licensed to Authorized User in accordance with the Contractor or ISV owner’s standard license agreement, provided, however, that such standard license, must, at a minimum: (a) grant Authorized User a non-exclusive, perpetual license to use, execute, reproduce, display, perform, adapt (unless Contractor advises Authorized User as part of Contractor’s proposal that adaptation will violate existing agreements or statutes and Contractor demonstrates such to the Authorized User’s satisfaction) and distribute Existing Licensed Product to the Authorized User up to the license capacity stated in the Purchase Order or work order with all license rights necessary to fully effect the general business purpose(s) stated in the Bid or Authorized User’s Purchase Order or work order, including the financing assignment rights set forth in paragraph (c) below; and (b) recognize the State of New York as the licensee where the Authorized User is a state agency, department, board, commission, office or institution. Where these rights are not otherwise covered by the ISV’s owner’s standard license agreement, the Contractor shall be responsible for obtaining these rights at its sole cost and expense. The Authorized User shall reproduce all copyright notices and any other legend of ownership on any copies authorized under this clause. Open source software is developed independently of Contractor and may be governed by a separate license (“open source software”). If the open source software is governed by a separate License and provided under this Contract, Contractor shall provide a copy of that license in the applicable Documentation and the Authorized User's license rights and obligations with respect to that open source software shall be defined by those separate license terms and subject to the conditions, if any, therein. Nothing in this Contract shall restrict, limit, or otherwise affect any rights or obligations the Authorized User may have, or conditions to which the Authorized User may be subject, under such separate open source license...
Software. Microsoft warrants that the Software version that is current at the time will perform substantially as described in the applicable Product documentation for one year from the date Customer acquires a license for that version. If it does not, and Customer notifies Microsoft within the warranty term, Microsoft will, at its option, (a) return the price Customer paid for the Software license or (b) repair or replace the Software. The remedies above are Customer’s sole remedies for breach of the warranties in this section. Customer waives any warranty claims not made during the warranty period.
Software. Each type of Software is governed by a license grant or an end user license agreement, which license terms are contained or referenced in the appendices to this Agreement or the applicable Order Form.
Software. Inclusions Software Licenses for Contractor’s proprietary product line, including o Perpetual licenses o Term licenses Pre-Packaged Software Maintenance/Support for Contractor’s proprietary product line Pre-Packaged Software Installation for Contractor’s proprietary product line Configuration Services (Limited in amount to 10% of the net NYS Contract Price for the total Products being procured not to exceed $25,000 total.) Pre-Packaged Software Training Packages, Remote and On-Site that are standardized for Contractor’s proprietary product line Fleet management (management of software license inventory) Electronic Health Records Software Software Bundles, including: o Software Third Party Products o Maintenance Enterprise Software Purchases Legacy Software Maintenance Restrictions On Premise Software Only Third Party Products are allowed as part of a Software Bundle only if they are required to facilitate the provision of the Software solution.
Software. This Lot provides Authorized Users with a mechanism to purchase Products including Software licenses (perpetual and term), Maintenance/Support for Contractor’s Proprietary product line, training, and fleet management as set forth below. Competition is required at the Authorized User transactional level from Contractors and Resellers. The Products must be commercially released Products and available for purchase through the Manufacturer’s normal marketing channels. Alpha, beta, experimental or unannounced equipment shall not be offered. Contractor shall not offer stand-alone third party Products through this Contract. No Products at End of Life or within six months prior to End-of- Life are to be sold, except with prior written approval by the Authorized User.
Software. The Software is licensed to you subject to any terms and conditions presented when you downloaded it from a source authorized by NCR Voyix, as well as those contained in this Agreement. If there is a conflict, this Agreement will control. You are licensed to use the Software only with the Service and with Hardware purchased or subscribed from NCR Voyix or its Resellers. Your license to any Software will end when your subscription to the Service ends. The Software is copyrighted and licensed, not sold, and is NCR Voyix’s confidential and unpublished information. You will retain any copyright notices and proprietary legends on all copies of the Software and the media on which it is delivered. Any attempt to transfer the Software is void and will automatically cause your license to end.
Software. Inclusions Software Licenses for Contractor’s proprietary product line, including o Perpetual licenses o Term licenses Pre-packaged Software Maintenance/Support for Contractor’s proprietary product line Pre-packaged Software Installation Configuration Services (Limited in amount to 10% of the net NYS Contract Price for the total Products being procured not to exceed $25,000 total.) Software Training Packages, Remote and On-Site that are standardized and prepackaged Fleet management (management of software license inventory) Software Bundles, including: o Software Third Party Products o Maintenance Enterprise Software Purchases Restrictions On Premise Software Only Manufacturers Only, as defined in the Glossary as Manufacturer – Software Hardware Third Party Products are allowed as part of a Software Bundle only if they are required to facilitate the provision of the Software solution.
Software. (i) If during the ninety (90) day period following delivery of the Software to You (the "Warranty Period"), the Software as made available by RIM or any RIM authorised distributor is not capable of performing the functions described in the standard end user Documentation for that item of Software ("Specifications") when used as specified by RIM in the Documentation applicable to the specific type and version of the Software in conjunction with other unaltered portions of Your BlackBerry Solution, RIM will, at its sole option and discretion, either make reasonable efforts to correct or provide You with a workaround for such problem (which fix or workaround may be provided to You at RIM's reasonable discretion in one of a variety of forms, including in the course of telephonic or email customer support provided to You, in a generally available software fix release, on RIM's web site or in any other form of which RIM advises You) or provide You with a refund for the one time fees paid by You for the applicable Software if You cease to use the Software and the media on which the Software was provided to You and all packaging related thereto is returned to RIM in accordance with Your normal warranty return mechanism (which may be through Your Airtime Service Provider, if applicable, or point of purchase) within the Warranty Period together with proof of purchase.
Software. If you are acquiring an on-premise software license or on-demand subscription services, additional terms apply which are available by clicking on the hyperlink for that software or subscription service located at xxxxxxxxxxx.xxx/xx/xxxxxxx-xxxxx-xx-xxx/xxxxxxxx-xxx-xxxxxxxxxxxx-xxxxx-xxx-xxxxxxxxxx.xxxx. Those additional terms are incorporated by reference.
Software. This Lot provides Authorized Users with a mechanism to purchase Products including software licenses (perpetual and term), Maintenance/Support for Contractor’s Proprietary product line, training, and fleet management as set forth below. Competition is required at the Authorized User transactional level from Contractors and Resellers. Products that are provided under other Lots shall not be purchased under this Lot.
