Software and Support. PFPC shall provide or has previously provided to the GE Fund Products and the GE Fund Products shall acquire from PFPC the right to use the computer software programs (“Software”) set forth in Schedule 1 of this Exhibit C (“Schedule 1”). Software includes related user manuals and reference guides (collectively, “Documentation”). One copy of the Documentation shall be provided to the GE Fund Products at no additional cost. PFPC shall provide only the machine readable object version of the Software and not source code. Additional terms and conditions concerning the Software are set forth in Schedules 1 and 1.A of this Exhibit C (“Software Schedules”). Subject to the Agreement terms and conditions, PFPC grants to the GE Fund Products and the GE Fund Products accept from PFPC the non-exclusive, non-transferable license to use the Software during the term of the Agreement (“License”). Some software components (“Third Party Software”) required to be used with the Software were developed by a third party (“Third Party Vendor”). Schedule 1 shall indicate which Third Party Software the GE Fund Products are licensing from PFPC pursuant to this Agreement (“PFPC Provided Third Party Software”) and which Third Party Software the GE Fund Products are required to obtain directly from Third Party Vendors (“Directly Obtained Third Party Software”). Directly Obtained Third Party Software is licensed to the GE Fund Products only pursuant to shrink wrapped or other agreements between the Third Party Vendor and the GE Fund Products. PFPC Provided Third Party Software is licensed to the GE Fund Products pursuant to the terms and conditions set forth in this Agreement. As part of the Software, PFPC shall provide the GE Fund Products with the interfaces set forth in Schedule 1, between the Software and Third Party Software (“Interfaces”). PFPC shall provide the software support services (“Software Support”) so designated in Schedule 2 of this Exhibit C (“Schedule 2”). Software Support shall include a License to error corrections, minor enhancements and interim upgrades to the Software which are made generally available to PFPC clients of the Software under Software Support, but shall not include a License to substantial added functionality, new interfaces, new architecture, new platforms or other major software development efforts, as determined solely by PFPC.
Software and Support. Except as provided in Section 5.1 above, Customer’s sole and exclusive remedies for any damages or losses in any way connected with the operation of the Software or performance of the Support under this Agreement shall be for Denim Group to: (i) bring the performance of the Software into material compliance with the Documentation; (ii) re-perform the Support; or (iii) if (i) or (ii) is not reasonably possible on a commercially reasonable basis, return to Customer an appropriate pro-rata portion of the license fee paid by Customer to Denim Group for the then current License Term with respect to the applicable portion of the Software or Support.
Software and Support. This Agreement governs User’s use of OpenKM Software and, if applicable, Support. "
Software and Support. This Agreement governs User’s use of Technology Services Group Software and, if applicable, Support. “Support” means Technology Services Group maintenance and support. "Software" means the software accompanying this Agreement and branded by Technology Services Group; provided, Software does not include third-party open-source software that may be provided there with “Order Form” means the ordering documents placed by User. "Subscription" means access to the Software and, where applicable, Support for a defined period of time (the “Subscription Period”), as set forth in an Order Form.
Software and Support. This Agreement governs User’s use of the Software and, if applicable, Support. “Support” means standard maintenance and support for the Software. "Software" means the software accompanying this Agreement and branded Alfresco; provided, Software does not include third-party open- source software that may be provided therewith or Community Versions. “Community Versions” means the free, open-source community versions that Hyland makes available at no charge, including without limitation Digital Business Platform, Alfresco Content Services, Alfresco Process Services and Records Management software. “Order Form” means the ordering documents placed by User. "Subscription" means access to the Software and, where applicable, Support for a defined period of time (the “Subscription Period”), as set forth in an Order Form.
Software and Support. This Agreement governs User’s use of the Software and, if applicable, Support. “Support” means s t a n d a r d maintenance and support provided by Hyland for the Software. "Software" means the software accompanying this Agreement and branded Alfresco; provided, Software does not include third-party open- source software that may be provided therewith or Community Versions. “Community Versions” means the free, open-source community versions that Alfresco makes available at no charge, including without limitation Digital Business Platform, Alfresco Content Services, Alfresco Process Services and Records Management software. “Order Form” means the ordering documents placed by User. "Subscription" means access to the Software and, where applicable, Support for a defined period of time (the “Subscription Period”), as set forth in an Order Form.
Software and Support. 1.1 The EdgeView® software and the Edgeview® Service Control Center are governed by these terms and conditions along with the Edgeview® End User License Agreement located at xxxx://xxx.xxxxxxxxxxxxxxxxx.xxx/edgeview‐service‐ xxxx?hs_preview=PyoMDJDt‐6744190085 (collectively, “Software”) Edgewater Networks, Inc., (a wholly owned subsidiary of Ribbon Communications, Inc.) (“Ribbon”) Ribbon will use commercially reasonable efforts to provide Customer the Software described herein; the Customer quote in conjunction with these terms and conditions comprise the “Agreement.” As part of the registration process, Customer will identify an administrative user name and password for Customer’s Ribbon account. Ribbon reserves the right to refuse registration or cancel passwords it deems inappropriate. Pursuant to the terms of the Agreement, Ribbon will provide Customer with reasonable technical support services in accordance with Ribbon support practices as defined at: xxxx://xxxxxxxxxxxxxxxxx.xxxxx.xxx/kb/articles/KnowledgeBase_Q_A/E10 8138.
Software and Support. 2.1 Subject to the terms of this Agreement, Company will provide Customer with a non-exclusive, non-transferable, revocable license (which may only be revoked in the case of material breach of this Agreement) to use the Software and Services in accordance with the Documentation. Company shall exclusively own and retain all rights, title and interest in and to the Software, Services, and Documentation, including all related Company Intellectual Property Rights or other similar rights, which shall not include Customer Data. Company’s Intellectual Property Rights shall extend to all Updates, customizations or other changes to the user interface, functionality, compatibility, capabilities, performance, efficiency, or quality of Software and Services developed by Company at any time.
2.2 During the Subscription Term, Company will provide Customer access to, and use of, the Software, Services, and Documentation by enabling an account for Customer to access through a web browser (herein “Account”). Customer will designate individuals authorized by Customer to manage, use, and support the Account, including, the creation of usernames and passwords for Users. Customer is solely responsible for maintaining the status of its Users and the confidentiality of all usernames, passwords, and other Account access information under its control. Customer will contact Company promptly if Account information is lost, stolen, or disclosed to an unauthorized person or any other breach of security in relation to its passwords, usernames, or other Account access information that may have occurred or is likely to occur.
2.3 Company may make Beta Services available to Customer. Customer may choose to try such Beta Services in its sole discretion. Beta Services are intended for evaluation purposes only and not for production use, are not fully supported by this Agreement, and may be subject to additional terms. Beta Services are not considered Software or Services under this Agreement, but all restrictions, reservation of rights, Customer’s obligations concerning the Software and Services, and rights granted by Customer to Company regarding Customer Data will apply equally to Customer’s use of Beta Services. Company may discontinue Beta Services at any time in its sole discretion and may never make them generally available. Unless otherwise agreed by the Parties, Customer’s use of Beta Services shall expire on either (a) the date a version of such Beta Services becomes generally avai...
Software and Support. 5.1 Adaytum hereby grants to Xxxxxxxx a worldwide, royalty-free license to market, use, modify, install, copy, and display Adaytum Software, except for the source code, for the following purposes: (i) marketing, promoting and demonstrating the Adaytum Software in exhibits, Xxxxxxxx demonstration centers, and to potential Clients; (ii) developing and demonstrating implementation methodology and application programs utilizing the Adaytum Software; (iii) training Xxxxxxxx personnel; and (iv) in conjunction with providing Business Integration Services *** Denotes confidential information that has been omitted from the exhibit and filed separately, accompanied by a confidential treatment request, with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933. to Clients who have a license from Adaytum for the Adaytum Software. On an as needed basis, as mutually determined by the parties, Adaytum hereby grants Xxxxxxxx license to use the source code, which will be used by Xxxxxxxx as mutually agreed to by both parties in writing.
5.2 In addition to the license granted in Section 5.1, Xxxxxxxx shall have the right to purchase additional copies of the Adaytum Software for Xxxxxxxx'x internal use at a price equal to *** of the then-current list price of the Licensed Software during the term of this Agreement.
5.3 Adaytum will be solely responsible for obtaining any and all rights necessary to allow Xxxxxxxx to market, in accordance with this Agreement, any computer code, modules, programs, data files and Documentation that is proprietary to a third party and that is embedded or inseparable from the Adaytum Software, or used in conjunction with the Adaytum Software and Services ("THIRD PARTY PRODUCTS"), including responsibility for any administrative or financial arrangements in relation to such Third Party Products.
5.4 Adaytum shall license the Adaytum Software directly to the Client and shall be responsible for packaging, delivery, support and maintenance of the Adaytum Software. However, when the situation requires such an arrangement, as mutually determined by the Parties, Adaytum shall grant to Xxxxxxxx, on an exception-only basis, the right to sub-license Adaytum Software. Xxxxxxxx shall not sub-license the Adaytum Software without the prior written consent of Adaytum. In the event of such a sub-license, (i) Xxxxxxxx shall provide to Adaytum copies of the executed sub-license, and (ii) will use reasonable efforts to notify Aday...
Software and Support. All software and support provided by XXX must enable DGS to comply in all respects with applicable provisions of Division II of the State Finance and Procurement Article of the Annotated Code of Maryland and Title 21 of the Code of Maryland Regulations.
