Software and Deliverables Sample Clauses

Software and Deliverables. 8.1 All software embedded or incorporated in Products sold to Customer shall be governed by the terms of this Section 8. Stand-alone software Products, including without limitation, Thermo Fisher’s informatics software Products, shall be governed by Thermo Fisher’s standard licensing terms for such Products or such other terms as mutually agreed upon by the parties. 8.2 With respect to any software (including without limitation any enhancements, modifications, customizations, upgrades and updates thereto) incorporated in or forming a part of the Products, Thermo ▇▇▇▇▇▇ and Customer intend and agree that such software is being licensed and not sold, and Thermo ▇▇▇▇▇▇ or its licensor, as the case may be, retains ownership of and title to all software provided hereunder. Upon payment of all applicable fees therefor, Thermo ▇▇▇▇▇▇ shall grant to Customer a non-exclusive, nontransferable license, in object code form only without the power to sublicense, to use the software provided hereunder solely for Customer's own internal business purposes on the hardware Products provided hereunder and to use the related documentation solely for Customer's own internal business purposes. This license terminates when Customer's lawful possession of the hardware Products provided hereunder ceases, unless earlier terminated as provided herein. Customer agrees not to (i) sell, transfer, license, loan or otherwise make available to third parties the software and related documentation provided hereunder, except for permitted assignments under Section 13; (ii) modify, enhance or otherwise change or supplement the software provided hereunder without Thermo Fisher's prior written consent; (iii) disassemble, decompile or reverse engineer the software supplied hereunder; (iv) remove any identification, trademark, copyright or other notices from the software or documentation. Customer agrees, upon termination of this license, immediately to return to Thermo ▇▇▇▇▇▇ all software and related documentation provided hereunder and all copies and portions thereof. 8.3 Certain software provided by Thermo ▇▇▇▇▇▇ may be owned by one or more third parties and licensed to Thermo ▇▇▇▇▇▇. Thermo ▇▇▇▇▇▇ and Customer intend and agree that software owned by third parties and provided hereunder are being sublicensed to Customer, that such third parties retain ownership of and title to such software, and that such third parties may directly enforce Customer's obligations hereunder in order to protect th...

Software and Deliverables. 2.5.1. Products may include one or more licenses to Client of software and related materials and documentation licensed by (i) Consultant or one of Consultant’s Business Relationships (“Consultant Software”), and/or (ii) one or more third parties (“Third Party Software”). Client's use of Consultant Software and Third Party Software shall be governed by the license agreement for such software, if any, including any “shrink-wrap,” “click-wrap,” or other form of license agreement accompanying such software, whether in printed, electronic, or other format (“License Agreement”). License Agreements are not considered Related Agreement. 2.5.2. All software and related documentation provided by Consultant, whether Consultant Software or Third Party Software, is covered by such limited warranties, if any, as may be set forth in the applicable License Agreement. All rights and remedies for any errors or defects in any Consultant Software or any Third Party Software, including Client's right to recover any losses or damages suffered by Client as a result thereof, shall be limited and subject to such limitations as are set forth in the applicable License Agreement. Any claims relating to or arising from the use of any Third Party Software shall only be brought against the third party licensor of that Third Party Software, and Client shall not bring any such claims against Consultant, regardless of the basis of the claim. Maintenance and support for Consultant Software and Third Party Software may be available under a separate agreement. 2.5.3. Services may include the development of software, documentation or other materials to be delivered to Client (each is a “Deliverable” and the term Services includes all Deliverables). Deliverables may at Consultant’s option include derivative works and incorporate concepts, know-how, ideas, techniques, wording, modules, subroutines and other materials previously developed by Consultant on prior projects or otherwise. Subject to payment in full for the Services and Client’s compliance with the Agreements, Consultant grants to Client a worldwide, personal, non-exclusive, non-transferable (except as otherwise specifically permitted by the Agreements), royalty-free, license to use Deliverables for Client’s internal business purposes. Except as set forth in a Related Agreement, (i) Client may not allow any third party to use any Deliverable, and (ii) Client may not modify, reverse engineer, or copy any Deliverable (except as may othe...

Software and Deliverables. Subject to Novell’s receipt of the applicable Level 3 Support fees, Novell grants to Partner a non- exclusive, non-transferable, non-assignable, worldwide, perpetual right to use, execute, perform, reproduce, display and distribute copies of any deliverables provided to Partner by Novell as part of the Technical Services or other support materials internally within Partner’s organisation. Deliverables are defined as any Software (Patches, Novell Professional Resource Suite etc.) or documentation or hardware which is made available to Partner by Novell under this Agreement.

Software and Deliverables. [Enter details of Software] [This Agreement is intended to cover ongoing Support Services relating to the Client’s ChildView Youth Justice Case Management System which has already been delivered and implemented prior to entering into this Agreement.]