SOFTWARE AND FIRMWARE. Notwithstanding any other provision herein to the contrary, Seller or applicable third party owner shall retain all rights of ownership and title in its respective firmware and software, including all copyrights relating to such firmware and software and all copies of such firmware and software. Except as otherwise provided herein, Buyer is hereby granted a nonexclusive, royalty free license to use firmware and software, and copies of firmware and software, incorporated into the Goods only in conjunction with such Goods and only at the Buyer’s plant site where the Goods are first used. Buyer’s use of certain firmware (as specified by Seller) and all other software shall be governed exclusively by Seller’s and/or third party owner’s applicable license terms.
SOFTWARE AND FIRMWARE. Buyer acknowledges and agrees that all title to the software or firmware, including copyrights relating to such software and firmware and all copies of such firmware and software constituting part of the Goods shall remain vested in Seller or the applicable third party and shall be furnished to and used by Buyer 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 FIRMWARE. Notwithstanding any other provision herein to the contrary, Seller or applicable third party owner shall retain all rights of ownership and title in its respective firmware and software, including all copyrights relating to such firmware and software and all copies of such firmware and software. Except as otherwise provided herein, Buyer is hereby granted a nonexclusive, royalty free license to use firmware and software, and copies of firmware and software, incorporated into the Goods only in conjunction with such Goods and only at the Buyer’s plant site where the Goods are first used. Buyer may negotiate with Seller separate licenses to use such copies and firmware and software at other plant sites. Buyer’s use of certain firmware (as specified by Seller) and all other software shall be governed exclusively by Seller’s and/or third party owner’s end user license agreements or other applicable license terms.
SOFTWARE AND FIRMWARE. Any software or firmware provided to Purchaser under this Agreement shall be licensed to Purchaser to install and use on Equipment provided by ART under this Agreement. Purchaser covenants and agrees to use such software or firmware provided to it only for the purposes contemplated by this Agreement, and Purchaser retains no right, implied or otherwise, to transfer such software or firmware to any other equipment and covenants and agrees not to permit such software or firmware to be copied or disclosed to third parties without the express, prior written consent of ART. Upon the termination of this Agreement, Purchaser agrees to return all copies of such software and firmware to ART within thirty (30) days of such termination.
SOFTWARE AND FIRMWARE. All Licensed Software and Software incorporated in any Product shall not be sold but shall be provided to Tellabs and its customers subject to a use license. Tellabs may license Software Upgrades to Products for distribution to End Users upon payment of the applicable Software Upgrade license fee.
SOFTWARE AND FIRMWARE. 17.1 Software and firmware provided by SEL shall remain the property of SEL or that of SEL’s licensors and the Customer recognises the confidential nature of the rights owned by SEL. The Customer is granted a personal non-exclusive, non-transferable limited right of use of such software in machine readable form for direct connection with the Equipment for which it was supplied only. In certain circumstances the Customer may be required to enter into a separate licence agreement and pay the standard licence fee for that software.
SOFTWARE AND FIRMWARE. 8.1 The software license terms will be specified in PRODUCT Standard Terms and Conditions of Sale and any Software Maintenance Agreement entered into by the parties.
SOFTWARE AND FIRMWARE. Any software or firmware provided to Purchaser under this Agreement shall be licensed to Purchaser to install and use on Equipment provided by ART under this Agreement. Purchaser covenants and agrees to use such software or firmware provided to it only for the purposes contemplated by this Agreement, and except as otherwise expressly provided herein with respect to certain hardware under the Facilities Ownership Option, Purchaser retains no right, implied or otherwise, to use, transfer such software or firmware to any other equipment and covenants and agrees not to permit such software or firmware to be copied or disclosed to third parties without the express, prior written consent of ART. Upon the termination of this Agreement, Purchaser agrees to return all copies of such software and firmware to ART within thirty (30) days of such termination.
SOFTWARE AND FIRMWARE. To the extent a Product is or includes software proprietary to Seller (“Seller Software”) or is hardware in which proprietary software is embedded (“Seller Firmware”), Buyer acknowledges and agrees that Seller Software and Seller Firmware (collectively, “Licensed Program”), constitute valuable trade secrets and Confidential Information of Seller. Title to the Licensed Program is retained by Seller. Buyer shall not disclose to a third party, or permit a third party to have access to the Licensed Program, or to any portion thereof, except to the extent such access is permitted under a valid, enforceable and written license agreement between Buyer and such third party in form and substance previously approved by Seller (a “License Agreement”). Seller grants to Buyer a non-transferable and non-exclusive license to use the Licensed Program in machine-readable form only, and, in the case of software supplied with hardware, only on systems supplied by Seller to Buyer under these T&Cs. Such license may not be assigned, sublicensed or otherwise transferred by Buyer without Seller’s prior, written and express consent. No right to copy the Licensed Program in whole or in part is granted except as permitted under applicable copyright law. Buyer shall not modify, merge, or incorporate any form or portion of a Licensed Program with other program material, create a derivative work from a Licensed Program, or use a Licensed Program in a network. Xxxxx agrees to maintain Seller’s copyright notice on the Licensed Programs delivered hereunder, and to include the same on any authorized copies it makes, in whole or in part. Buyer shall not, nor will it permit a third party to, reverse engineer, translate, decompile or disassemble the Licensed Program. Buyer agrees that, in those cases in which Seller authorized Buyer to resell Products, Buyer will deliver the Seller Software to end users only pursuant to a software sublicense agreement provided or approved in writing by Seller and that Buyer will use its best efforts to ensure that end users abide by all provisions contained in such software sublicense agreements. Buyer is not authorized to keep any copy of any Seller Software after it is shipped to the end user with a Product. 5.
SOFTWARE AND FIRMWARE. Any software or firmware provided to ISP under this Agreement shall be licensed to ISP to install and use on Equipment provided by ART under this Agreement. ISP covenants and agrees to use such software or firmware provided to it only for the purposes contemplated by this Agreement, and ISP retains no right, implied or otherwise, to use, transfer such software or firmware to any other equipment and covenants and agrees not to permit such software or firmware to be copied or disclosed to third parties without the express, prior written consent of ART. Upon the termination of this Agreement, ISP agrees to return all copies of such software and firmware to ART within thirty (30) days of such termination.
