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.
17.2 The Customer undertakes not to disclose any part of the software or firmware to third parties without SEL’s written consent, nor to copy or modify the software or firmware. SEL may at is discretion carry out minor modifications to software or firmware. Major modifications shall only be undertaken by SEL at the Customer’s request, which will be the subject of a separate agreement and will be charged separately.
17.3 All software and firmware is warranted against defects in media for a period of 3 (three) months from delivery. Within this period SEL will correct errors and defects or, at its option, arrange free of charge software or firmware replacements provided that the Customer returns the software or firmware to SEL postage paid.
17.4 Other than as set out in Condition 17.3 above, SEL makes no representations or warranties expressed or implied such as by way of example but not of limitation regarding merchantability or fitness for any particular purpose or that the software or firmware is error free.
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. 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.
8.2 One or more components of equipment Reseller purchases may contain firmware programs built into their circuitry. Reseller’s purchase of that equipment includes a non-exclusive license to use and sub-license the firmware only as part of the equipment and only under the following conditions: (a) COMPANY (or its supplier) retains all title and ownership to the programs; (b) the firmware may not be copied, disassembled, decompiled or reverse engineered under any circumstances; and (c) Reseller will only transfer possession of the programs in conjunction with a transfer of equipment.
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.
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 limited, 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. 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. Xxxxx acknowledges that all other intellectual property rights in the Goods and Services, including any modifications thereto in relation to this Agreement, are owned by Seller.
