Software and License. Use of some features of the Services may require Customer to download Software. Provided that Customer remains in compliance with the terms of this Agreement, we grant Customer a limited, non- exclusive, worldwide, non-transferrable, revocable license to use the Software, solely to the extent necessary to access the Services. Consequently, Customer hereby grants to Xxxxx Server a limited, non-exclusive, worldwide, non-transferrable, revocable at any time license to copy, store and otherwise use the Customer Data solely to the extent necessary to provide the Services.
Software and License. 2.1. Scandit offers two types of “Software”, “Software Components” (which are software development kits, SDKs) and “Software Applications” (which are stand-alone apps). The Software type is identified in the Order Form.
2.2. The Software does not function without a valid license key and will cease to function if the license key expires. A separate and valid license key must be used for each App.
2.3. The Software may transfer certain data to Scandit. The types of data transferred depend on the license key settings that the Company can select in the Order Form. See data description and applicable terms available at xxxxx://xxx.xxxxxxx.xxx/terms/annex-to-scandit-software- license.pdf?version=2023-12-06-00-00.
2.4. Scandit grants the Company a license to the Software as follows: The Company has the license to use, copy, and distribute the Software to Users for them to use the Software. If the licensed Software is a Software Component, the Company has the license to integrate the Software into the App and the licenses are limited to the Software as it is so integrated. All licenses are limited as set out in the Scope and revocable at termination and for breach. Licenses are non-exclusive, non-sublicensable, non-transferable, and non-assignable.
2.5. If so agreed in the Order Form, the Company can allow its Affiliates to use the Software. If the Company uses third-party developers to work on the App, the Company can allow such developers to use the Software for the sole purpose of developing and maintaining the App. Use by Affiliates and developers counts towards the Company’s use. The Company ensures that Affiliates and developers comply with the Agreement.
Software and License. (a) FSMB owns all rights in or has the right to sublicense all of the Software, if any, to be delivered to Purchaser under this Agreement. As part of the sale made hereunder, Purchaser hereby obtains a limited license to use the Software, subject to the following: (i) The Software may be used only in conjunction with equipment specified by FSMB; (ii) The Software shall be kept strictly confidential; (iii) The Software shall not be copied, reverse engineered, or modified; (iv) The Purchaser's right to use the Software shall terminate immediately when the specified equipment is no longer used by the Purchaser or when otherwise terminated, e.g. for breach, hereunder; and (v) the rights to use the Software are non-exclusive and non-transferable, except with FSMB’s prior written consent.
(b) Nothing in this Agreement shall be deemed to convey to Purchaser any title to or ownership in the Software or the intellectual property contained therein in whole or in part, nor to designate the Software a "work made for hire" under the Copyright Act, nor to confer upon any person who is not a named party to this Agreement any right or remedy under or by reason of this Agreement. In the event of termination of this License, Purchaser shall immediately cease using the Software and, without retaining any copies, notes or excerpts thereof, return to FSMB the Software and all copies thereof and shall remove all machine-readable Software from all of Purchaser's storage media.
Software and License. 2.1. Scandit offers two types of “Software”: “Software Components” (which are software development kits, SDKs) and “Software Applications” (which are stand-alone apps). The Software type is identified in the Order Form.
Software and License. 2.1. Scandit offers various types of “Software”. The Software type is identified in the Order Form. Please see the Order Form for product specific terms.
2.2. The Software does not function without a valid license key and will cease to function if the license key expires. A separate and valid license key must be used for each App and each end customer, unless otherwise agreed by the parties in the Order Form.
2.3. The Software may transfer certain data to Scandit. The types of data transferred depend on the license key settings that the Company can select in the Order Form. See data description and applicable terms available at xxxxx://xxx.xx/scandit-sw-license-annex. In respect of the processing of any personal data of end customers, the Company is the processor and Scandit is the Partner’s sub-processor. If Scandit entered into an end user license agreement (“XXXX”) with the end customer (which Scandit will consider on an exceptional basis only), then data (processing) will be part of such XXXX and the data terms will not apply between Scandit and the Company.
2.4. If the Software is a Software application, Scandit grants the Company license to (i) distribute the Software to end customers, and (ii) sublicense to end customers the license to use, copy and distribute the Software. If the Software is a Software component, Scandit grants the Company a license to (i) distribute the Software to end customers, (ii) sublicense to end customers the license to integrate the Software into the End Customer App, and (iii) sublicense to end customers the license to use and copy and distribute the Software as it is so integrated. If the Software is a Software component and the parties agreed in the Order Form that the Company will integrate the Software into the Company App, Scandit grants the Company the license to (i) integrate the Software into the Company App, (ii) distribute the Software only as it is so integrated to end customers, and (iii) sublicense to end customers the license to use, copy and distribute the Software only as it is so integrated. All licenses are limited as set out in the Scope and above and revocable at termination and for breach. Licenses are non-exclusive, non-sublicensable, non-transferable, and non-assignable, unless expressly stated otherwise in the Agreement. The license of the Company to sublicense does not apply if Scandit entered into a XXXX with the end customer (which Scandit will consider on an exceptional basis only).
2.5. If so ...
Software and License. 5.1 Customer acknowledges that certain Software and/or certain components of the Software are fully powered by a software developed and maintained by a third party supplier. If such Software is to be provided by the third party supplier (“Third Party Software”), Customer acknowledges that Konica Minolta is not the author, developer, provider or seller of such Third Party Software. Customer further agrees that Konica Minolta shall not be liable for any defects, flaws, programming errors, inefficiencies or malfunctions in any such Third Party Software, or for any lack of functionality in or non-performance of the Third Party Software. Customer agrees: (i) that its exclusive remedies with respect to any Third Party Software will be against the supplier or provider thereof; (ii) not to assert against Konica
Software and License. All software is and shall remain the sole property of Positron. Use of such software is subject to the terms of a separate license agreement to be signed by Customer prior to or upon delivery of the Equipment. No license or other right is granted to Customer or to any other party except as specifically set forth in this section and Positron has not authorized any employee or agent to grant any other licenses or other rights with respect to or under any patent application, patent, copyright, trademark, trade secret, or proprietary right of Positron or any of Positron's suppliers. Upon Customer's signing the standard Positron license agreement, Positron grants to Customer a nonexclusive and paid-up right and license to use the Equipment, its operating software, and any documentation required for Customer's personal use of such operating software in connection with the Equipment for so long as Customer may own or use the Equipment. Such right and license does not include any right to copy, reproduce, sell, assign, transfer, or sublicense the same and does not include any rights or licenses whatsoever in any maintenance or service software or any related documentation. Any maintenance or service software and documentation shipped to or located at Customer's premises is intended solely to assist Positron employees in the installation, testing, service, and maintenance of the Equipment, as may be required by the terms and conditions hereof or by a separate service support agreement, and Customer agrees to restrict access to such maintenance or service software and documentation to Positron employees only. IN THE EVENT OF ANY UNAUTHORIZED TRANSFER OR DISCLOSURE OF THE SOFTWARE IDENTIFIED IN THIS SECTION (OR ANY TRANSFER OF OTHER RIGHTS OR LICENSES GRANTED HEREBY) RESULTING Quotation Number SAMPLE FROM CUSTOMER'S ACTS OR OMISSIONS, CUSTOMER SHALL BE LIABLE FOR ALL DAMAGES RESULTING FROM SUCH TRANSFER OR DISCLOSURE AND POSITRON SHALL HAVE THE RIGHT TO REVOKE ALL RIGHTS AND LICENSES GRANTED TO CUSTOMER. Customer will take such steps as may be reasonably required to preserve the confidentiality of all proprietary information referenced in this section (and all other proprietary information which Customer may acquire) and to cause any employees, agents, representatives, or other persons to whom such proprietary information is disclosed to abide by the terms and conditions of this section as if each were a party hereto. Customer will restrict the dissemination of propr...
Software and License. As long as you comply with these Terms, Xxxxx Server grants you a limited, a non-exclusive, worldwide, non-transferrable, revocable license to use the Software to the extent necessary to access the Services. Xxxxx Server may sometimes use third-party software to provide the Services. In such event, the use of such third-party software may be subject to separate terms and conditions, and your use of such third-party software may be subject to your acceptance of such terms and conditions. You will be notified in the event that any use of third-party software is subject to separate terms and conditions, and you will have an opportunity to accept or decline such terms and conditions and consequently to use or to not use the applicable third-party software.
Software and License. Controller S software, Services software, and any and all other software and / or firmware contains proprietary code of Company or third parties licensed under the terms of this Agreement and may include third-party code separately licensed as more particularly described in any documentation accompanying the Controller S. Company grants to Customer, during the term of this Agreement, the limited, non-exclusive right and revocable license to: (a) download any Company application necessary for Customer to access and use the Software and System; and (b) use any documentation accompanying the System in connection with Customer’s access to and use of the Software and System and Customer’s receipt of the Software and System.
Software and License. The Equipment includes proprietary software and documentation owned by Seller ("Seller Software"), which is hereby licensed to Quest Diagnostics under a non-exclusive, non-transferable license solely for Quest Diagnostics' own use in connection with the use of Equipment, Reagents or Supplies supplied by Seller. Quest Diagnostics may not copy or modify in whole or in part the Seller Software owned by Seller nor make it available in any form to any third party. If Quest Diagnostics is a unit or agency of the U.S. Government or a contractor which will or may supply any Seller Software to a unit or agency of the U.S. Government, Quest Diagnostics agrees that any software included with or in the Equipment represents "Commercial Computer Software," that the government's use of such software is subject to "Restricted Rights" and that before such software is transferred, it shall be marked with the required restricted rights legend(s) as provided in the Department of Defense Federal Acquisition Regulations 52.227-7013 or corresponding government regulations. The term of the license(s) extends from the date of this Agreement and shall continue in perpetuity unless Quest Diagnostics breaches and fails to cure within thirty (30) days of notice thereof any material term of this Agreement, at which xxxx Xxxxxx may revoke the license(s). -------------------------------------------------------------------------------- [LOGO] Quest Diagnostics(R)
