Software and Cloud Services. Licensor and its suppliers have and will retain all right, title and interest in and to the Licensor Products and Documentation (including, without limitation, all patent, copyright, trademark, trade secret and other intellectual property rights) and all copies, modifications and derivative works thereof. Customer acknowledges that it is obtaining only a limited license right to access and use (as the case may be) the Licensor Products and Documentation and that irrespective of any use of the words "purchase," "sale," or like terms hereunder no ownership rights are being conveyed to Customer under this Agreement or otherwise. In addition, Licensor will have a royalty-free, worldwide, irrevocable, perpetual license to use for any purpose any suggestions, enhancement requests, recommendations or other feedback provided by Customer, including Users, relating to the Licensor Products.
Software and Cloud Services. Supplier warrants that the Software and Cloud Services will perform in material conformance with current Documentation. As Customer’s sole remedy for any breach of this warranty, if Customer provides notice to Supplier of any reproducible incidence of non-conformance within thirty (30) days of discovering any such non-conformance, Supplier will use commercially reasonable efforts to correct such non-conformance, provided such non-conformance is not caused by: (A) negligence, gross negligence, or intentional misconduct on the part of Customer or any of its Authorised Users, (B) Customer’s failure to use of the Software or Cloud Services in accordance with the terms of the Agreement, (C) Third Party Content or any other product or service not provided by Supplier its Affiliates, or its Personnel, or (D) Harmful Code, to the extent that such Harmful Code was not introduced as a result of Supplier’s negligence, gross negligence, or intentional misconduct. If Supplier cannot correct a non-conformity within ninety (90) days from the date Customer provided notice of the non-conformity (the “Remedy Period”), then Customer may terminate the license for the non-conforming Software or Cloud Service and receive a Pro Rata Refund for the non-conforming Software or Cloud Service. If Customer fails to exercise this right to terminate within fifteen (15) days after the end of the Remedy Period, Customer shall be deemed to have waived this right.
Software and Cloud Services. Code42 grants you a nonexclusive, non-sublicensable, non-transferable (except as set forth in section 12.1 (General: Assignment)), worldwide license to use the Software, Cloud Services and Documentation during the Subscription Term solely for your internal business purposes. You must only use the Software and Cloud Services for up to the number of users or devices listed on your Quote and in accordance with the Documentation. You may copy the Software and Documentation as necessary to install and run the Software, and for backup and archiving. Code42 will provide the Cloud Services in accordance with the applicable Documentation and Service Level Agreement. You will reasonably cooperate with Code42 to resolve any issues relating to your use of the Software and Cloud Services. To use the Cloud Services, you must create login credentials (e.g. a username and password). You are responsible for all activity occurring under your login credentials and will notify Code42 as soon as possible if you believe there has been any unauthorized use of your login credentials.
Software and Cloud Services. VMware warrants that Software and Cloud Services will substantially conform with the Documentation: (a) for Software, for 90 days following Delivery; or (b) for Cloud Services, for the Subscription Term. Customer must properly install and use the Offerings without modification and in accordance with the Documentation. Customer must notify VMware of an alleged breach of this warranty within the applicable warranty period. As Customer’s sole remedy for a breach of this warranty, VMware must either: (1) correct any reproducible error in the Software or Cloud Service; or (2) terminate the Software or Cloud Service and refund applicable license fees (for Software) or unused, prepaid fees (for Cloud Services).
Software and Cloud Services. When you use certain features of the Services, such as online features (where available), you may require special software, applications, and/or access to the Internet. ChargePoint makes no representation or warranty that any software or application installed on your equipment, downloaded to your equipment, or available through the Internet does not contain a virus or other harmful feature. It is your sole responsibility to take appropriate precautions to protect any of your equipment from damage to its software, files, and data as a result of any such virus or other harmful feature. We may, but are not required to, terminate all or any portion of the installation or operation of the Services if a virus or other harmful feature or software is found to be present on your equipment. We are not required to provide you with any assistance in removal of viruses. If we decide, in our sole discretion, to install or run virus check software on your equipment, we make no representation or warranty that the virus check software will detect or correct any or all viruses. You acknowledge that you may incur additional charges for any service call made or required on account of any problem related to a virus or other harmful feature detected on your equipment. NEITHER CHARGEPOINT NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS OR BUSINESS PARTNERS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OF ANY HARDWARE, SOFTWARE, FILES, OR DATA RESULTING FROM A VIRUS, ANY OTHER HARMFUL FEATURE, OR FROM ANY ATTEMPT TO REMOVE IT. In addition, as part of the installation process for the software and other components of the Services, system files on your equipment may be modified. ChargePoint does not represent, warrant or covenant that these modifications will not disrupt the normal operations of any equipment including without limitation your computer(s) or other electrical devices, or cause the loss of files. Charge Point does not represent, warrant, or covenant that the installation of the special software or applications or access to our Web portal(s) will not cause the loss of files or disrupt the normal operations of any equipment, including, but not limited to, your computer(s) and other electrical devices. FOR THESE AND OTHER REASONS, YOU ACKNOWLEDGE AND UNDERSTAND THE IMPORTANCE OF BACKING UP ALL FILES TO ANOTHER STORAGE MECHANISM PRIOR TO SUCH ACTIVITIES. YOU UNDERSTAND AND ACCEPT THE RISKS IF YOU DECIDE NOT TO BACK UP ...
Software and Cloud Services. Staff shall not engage or commit the District to any software or cloud service without first seeking a review and receiving approval from Information Systems and the Purchasing and Contracts Department; to include proof-of-concept or trial installations. Software license tracking is provided by Information Systems. Non-compliant software may be removed during regular software compliance audits without notice.
Software and Cloud Services. Omnissa warrants that Software and Cloud Services will substantially conform with the Documentation: (a) for Software, for 90 days following Delivery; or (b) for Cloud Services, for the Subscription Term. Customer must properly install and use the Offerings without modification and in accordance with the Documentation. Customer must notify Omnissa of an alleged breach of this warranty within the applicable warranty period. As Customer’s sole remedy for a breach of this warranty, Omnissa must either: (1) correct any reproducible error in the Software or Cloud Service; or (2) terminate Customer’s entitlement to the Software or Cloud Service and refund any applicable: (i) prepaid fees for Cloud Services or Subscription Software, prorated for the remaining portion of the then-current Subscription Term; (ii) fees paid for Perpetual Licenses, less straight-line depreciation over a three-year useful life; and (iii) unamortized prepaid fees for discontinued Support Services.
