SOFTWARE AND COMPUTER PROGRAMS. From the date of this Agreement ------------------------------ through the date which is ninety (90) days after the Closing Date, each Seller, Reserves LLC and the Partnership, as applicable, agree to engage in discussions with the licensors of applicable software and computer programs and seismic data and processing identified in a written notice provided to Seller by Buyer on or prior to the Closing Date, the purpose of which discussions shall be to assist Buyer in its efforts to obtain a license with respect to such software and/or computer programs and seismic data and processing with terms acceptable to Buyer. Buyer will pay all fees (including fees agreed to as part of a settlement) required to transfer or retain such records, programs and data that Buyer chooses to retain after Closing.
SOFTWARE AND COMPUTER PROGRAMS. The Product includes circuitry and software programs in binary code form which are designed for use with the Product (the "Circuitry" and the "Software"). For the purpose of this Agreement, the Circuitry and the Software shall not include any portion of the Product which is proprietary to NK or which is developed by or licensed to NK, independently of Rights and Technical Information provided by Aspect hereunder. Aspect hereby grants to NK a non-exclusive and non-transferable worldwide license, without the right to sublicense (except to purchasers of the Product and NK's Affiliates which become sublicensees pursuant to Section 2.4 above), during the Agreement Term to use the Circuitry, the Software and related documentation provided by Aspect (the "Documentation") solely in connection with operation of the Product. NK shall not disclose, furnish, transfer or otherwise make available the Circuitry, the Software, the Documentation or any portion thereof in any form to any third party (other than to purchasers of the Product and NK's Affiliates which becomes sublicensees pursuant to Section 2.4 above) and shall not duplicate the Circuitry, the Software, the Documentation or any Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. part thereof, except in connection with NK's manufacture and assembly of the Product in accordance with this Agreement. Title to and ownership of and all proprietary rights in or related to the Circuitry, the Software, the Documentation and all partial or complete copies thereof shall at all times remain with Aspect or its licensor(s). This Agreement shall not be construed as a sale of any rights in the Circuitry, the Software, the Documentation, any copies thereof or any part thereof. All references in this Agreement to sale, resale or purchase of the Products, or references of like effect, shall, with respect to the Circuitry, the Software and the Documentation mean licenses or sublicenses of the Circuitry, the Software and the Documentation pursuant to this Section 2.6. NK shall not disassemble, decompile or reverse engineer the Circuitry, the Software or any part thereof (except in the European Union and Norway, and only to the extent that it has the right to do so pursuant to applicable law in order to ensure interoperability with other software programs). NK shall retain and shall not alter or obscure any notices, markings or other insignia which are affixe...
SOFTWARE AND COMPUTER PROGRAMS. From the date of this Agreement through the date which is ninety (90) days after the Closing Date, each of the Principal and EPC agrees to engage in discussions with the licensors of applicable software and computer programs and seismic data and processing identified in written notices provided to EPC by the Principal and by the Principal to EPC, in each case on or prior to the Closing Date, the purpose of which discussions shall be to assist EPGC and Westport, as applicable, in their efforts to obtain a license with respect to such software and/or computer programs and seismic data and processing on reasonably acceptable terms. The Combined Entity will pay all fees (including fees agreed to 56 63 as part of a settlement) required to transfer or retain such records, programs and data that the such entity chooses to retain after Closing.
SOFTWARE AND COMPUTER PROGRAMS. Buyer acknowledges and agrees that all title to the software or firmware constituting part of the Goods shall remain vested in Midwest Valve Services or the applicable third party and shall be furnished to and used by Buyer only after execution of, and subject to, a separate license agreement. Buyer's sole and exclusive remedy with respect to any software or firmware provided hereunder shall be limited to the warranties, if any, of the manufacturer or licensor of such software or firmware. Buyer shall have no right to alter, modify, copy or prepare derivative works of any software or firmware except in accordance with such license agreement.
SOFTWARE AND COMPUTER PROGRAMS. Philips shall retain and shall not, without the express written consent of Aspect, alter or obscure any notices, markings or other insignia which are affixed to the Software, the Documentation or any part thereof at the time of delivery of such Software or such Documentation. The Software shall be considered to be the Proprietary Information of Aspect for the purposes of Section 8.
SOFTWARE AND COMPUTER PROGRAMS. In order for the Distributor to sell and for any end-user to use any software listed on Exhibit "A" and/or incorporated into any Product (the "Software"), Distributor shall be required to have each end-user execute an appropriate Software License Agreement submitted by the Company and Distributor shall timely deliver to Company a fully-executed original of the Software License Agreement signed by each such end-user.
SOFTWARE AND COMPUTER PROGRAMS. From the Agreement Date through the date which is 90 days after the Closing Date, BHP Hawaii and BHP Pacific, as applicable, agree to engage in discussions with the licensors of the software and computer programs (i) listed in Disclosure Schedule 4.18(a) and (ii) identified in a written notice provided to BHP Hawaii by Buyer on or prior to the Closing Date, the purpose of which discussions shall be to assist Buyer in its efforts to obtain a license with respect to such software and/or computer programs with terms acceptable to Buyer. Notwithstanding the foregoing, Buyer acknowledges and agrees that there can be no assurance that such discussions will achieve the results desired by Buyer and neither BHP Hawaii nor BHP Pacific make any representation or warranty with respect thereto; provided, however, that BHP Hawaii and BHP Pacific represent to Buyer that Subsidiary will be able to obtain the benefit of the understanding set forth in the letter, dated Marcx 00, 0000, xxxx XXX Xxxxxxxxx xx BHP Petroleum.
