Software Licence. The following licence terms apply whether HP provides software to Customer as part of a managed service or as a separate software transaction.
Software Licence. 9.1 Equipment and Services provided under this Agreement may contain or use Software. This Software is generally not owned by us. Any Software that is used by our Equipment or Services shall be governed by the terms of the relevant Software licence provided with the relevant Equipment or Service. In all other cases, where Software is provided we grant you a non-exclusive, royalty-free licence to use any such Software for the duration of this Agreement.
9.2 Your licence shall be a single user licence. You may make one copy of the Software for back up purposes. If you do not accept the terms of the relevant Software licence, you shall be prohibited from using the relevant feature of the Service to which the Software relates and we shall not be bound to deliver the relevant Service. You shall be responsible for any Software upgrades (including charges) specified by the licensor or us.
Software Licence. 6.1. If the Customer is provided with a software licence agreement in respect of any Software, the Customer shall sign and return it to NEVION prior to delivery.
6.2. If no software licence agreement is provided to the Customer, the Customer hereby accepts a non-exclusive, non-transferable licence to use the Software on the following conditions:
(a) the Customer shall not copy (except to the extent permissible under applicable law which is not capable of exclusion by agreement) or for normal operation of the Equipment), reproduce, translate, adapt, reverse engineer, decompile, disassemble, vary or modify the Software, nor make derivate works of any Software in whole or in part nor communicate it or sub-license to any third party, without NEVION's prior written consent;
(b) the Customer shall not use the Software on any equipment other than the equipment (being Equipment or equipment not supplied by NEVION) it has been licensed for and shall not remove, adapt or otherwise tamper with any copyright notice, legend or logo which appears in or on the Software on the medium on which it resides;
(c) the licence shall be terminable by NEVION if the continued use or possession of the Software by the Customer infringes a third party's rights, or NEVION is compelled to do so by law, or if the Customer has failed to comply with any term of the Contract.
6.3. The Customer agrees that neither NEVION nor its third party licensors are liable in whole or in part for any claims or damages arising from any use of Software other than normal application (as determined by NEVION) and the Customer shall indemnify and hold NEVION and its third party licensors harmless (on a full indemnity basis) in respect of any claim for loss, cost, damages, expenses or other liability whatsoever arising out of or in connection with any such use.
Software Licence. 8.1 Subject to the terms of the Agreement and any Software Licence provided with the Equipment or Services, Vodafone shall grant or will ensure that the licensor will grant to Customer, a non- transferable, non-sublicensable, and non-exclusive licence to use the Software during the Minimum Term for the applicable Service in object code form for the Customer’s internal use.
8.2 Where Vodafone provides Customer with Equipment or Services which contain Software subject to a Software Licence and Customer does not accept the terms of the Software Licence, Customer will not be able to use the relevant feature of the Service or Equipment to which the Software Licence relates and Vodafone shall not be liable for any failure to provide the Services which rely on acceptance of the Software Licence.
8.3 Where Software is subject to a Software Licence, the terms of the Software Licence shall comprise the Customer’s sole rights and remedies in respect of the Software to which it applies.
8.4 The Customer shall not copy, modify, reverse engineer, adapt, translate, decompile, disassemble, make error corrections, license, sub-license, or resell any Software in whole or part, unless expressly permitted to do so by Vodafone or by relevant law.
Software Licence. 17.1.1 Where software is provided by SW to enable the Licensee to use the Services, SW grants the Licensee, for the duration of this Agreement, a non-exclusive, royalty-free, non-transferable licence to use the software for that purpose (and for no other purpose) and to sub-licence such software with SW's prior written consent.
17.1.2 Except as permitted by applicable law, the Licensee must not, without SW’s prior written consent, copy, de-compile or modify the software, nor copy the manuals or documentation, nor knowingly allow any other person to do so.
17.1.3 Where software is provided by the Licensee to enable SW to provide the Services, the Licensee grants SW, for the duration of this Agreement, a non-exclusive, royalty-free, non-transferable licence to use the software for that purpose (and for no other purpose) and to sub-license such software with the Licensee's prior written consent.
17.1.4 Except as permitted by applicable law, SW must not, without the Licensee's prior written consent, copy, de-compile or modify the software, nor copy the manuals or documentation, nor knowingly allow any other person to do so.
Software Licence. The Licensee acknowledges that all Intellectual Property Rights in the Software and the Documentation belong to the Licensor and to UCD, and the Licensee shall have no rights in or to the Software and/or the Documentation other than the right to use it in accordance with the terms of this Agreement.
Software Licence. 2.1 We hereby grant to you a non-exclusive and non-transferable licence to install, store, run and use the Software on your computer in accordance with the terms and conditions of this Agreement but not further or otherwise.
2.2 Except to the extent permitted by law, you shall not, nor allow others to copy, sub-license, distribute, rent, loan, lease, sell, transfer, exploit, alter, modify, adapt or translate the Software nor decompile, disassemble or reverse engineer the same nor attempt to do such thing.
Software Licence. 4.1 Any Software or Documentation provided by Us in connection with the provision of the Services is, and will remain, Our property or that of Our licensors. All Intellectual Property Rights in the Software, Documentation and Services are owned by, and will remain vested in, Us or Our licensors. Nothing in this Contract shall operate to assign or otherwise transfer ownership of any such Intellectual Property Rights to You or any third party.
4.2 You are granted a non-exclusive, non-transferable, limited right to use the Software and Documentation during the term of this Contract and only for the purpose of using the Service.
4.3 You agree to be bound by and comply with the licensing terms of Our licensors as set out in clause 6, in respect of Microsoft software and Licensed Products. Where any other Software or Documentation is owned, or licensed to Us, by another third party supplier who determines any terms upon which that Software or Documentation is licensed to You, We shall, if required by that third party supplier or Us, procure the grant of a licence encompassing those terms directly from such third party supplier to You and You shall comply with the terms of such licence.
4.4 You:
(a) shall not make any modifications to the Software or Documentation or use the Software or Documentation in any manner not expressly authorised in this Contract;
(b) shall not (and shall not permit any third party to) copy, adapt, reverse engineer, decompile, disassemble, modify or make error corrections to the Software in whole or in part except as permitted by law or clause 6.5;
(c) shall not rent, lease, lend, make available or distribute the Software or the Documentation; assign the benefit or sub-contract the burden of this Contract in whole or in part; or allow the Software or Documentation to become the subject of any charge, lien or encumbrance; and
(d) shall not (and shall not permit any third party to) export the Software, Documentation or any hardware upon which the Software is embedded, out of the UK without the prior written consent of Us or Our licensors.
4.5 You shall not resell the Services or sub-licence the Software or Documentation to any third party, without Our express consent. Such consent shall be at Our sole discretion and subject to You entering into a separate contract with Us.
4.6 You shall not modify, obscure or remove any copyright or proprietary notices on the Software or Documentation and You shall reproduce such notices on any authorised ...
Software Licence. 12.1 The Supplier grants, subject to these Terms, to the Customer the non-exclusive, non-transferable right to use the Software on the Equipment for its business purposes.
12.2 The Software may be used only by Licensed Users, except as follows:
12.2.1 the Software may be used on any replacement for all or any part of the Equipment;
12.2.2 the Licence may, with the prior written consent of the Supplier, be extended to additional Licensed Users or in respect of additional Equipment, provided that any appropriate additional fee is paid to the Supplier before such use;
12.2.3 if the Equipment becomes inoperable for any reason, the Software may be temporarily used on backup equipment until the Equipment is repaired, and the Customer may use the Software for the purpose of testing whether any such backup equipment is suitable for use while the Equipment is inoperable.
12.3 The Customer shall comply with any Third-Party Licences that are disclosed to it and shall indemnify and hold the Supplier harmless against any loss of damage which it may suffer or incur as a result of the Customer’s breach of such terms howsoever arising. The Supplier may treat the Customer’s breach of any Third-Party Licence as a breach of this Contract.
12.4 The Customer shall not give access to the Software through any network of computers to users who are not employees or agents of the Customer.
12.5 The Supplier will use reasonable endeavours to enable the Customer to use the Software 24 hours a day 7 days a week except for planned and/or unscheduled support provided the Supplier has used reasonable endeavours to give the Customer at least six Working Hours’ notice in advance of such support.
12.6 The Customer may not make adaptations or variations of the Software without the prior written consent of the Supplier or disassemble, decompile, reverse translate or in any other manner decode the Software, except as permitted by law.
Software Licence. (a) This clause 12 applies if we provide you any software to use with the Service except to the extent stated otherwise in the Critical Information Summary or Service Description or agreed in writing by us.
(b) We grant you a revocable, non-exclusive, non-transferable licence to use the software:
(i) if third party software, subject to the terms and conditions of the applicable third party software licence; and
(ii) otherwise, subject to the terms and conditions of any licence agreement packaged with the software; and to the extent there is no conflict, the terms and conditions of this clause 12.
(c) You acknowledge and agree that we do not warrant the performance or features of the software and we are not responsible for providing any upgrades or updates for the software.
(d) You may only use the software until cancellation of the software licence or the Service in connection with which the software is licensed.
(e) You must:
(i) only use the software with the Service and in accordance with our directions;
(ii) comply with any restriction on the number of end users or other capacity restriction applicable to the software;
(iii) not copy, modify, decompile or reverse engineer the software or derive or develop other software based on the software we supply;
(iv) not remove or modify any copyright notice on the software;
(v) not sub-license, assign or otherwise transfer the right to use the software to any other person; and
(vi) cease to use the software on the sooner of our request or cancellation of the Service, and if we request, promptly return to us or delete or destroy all copies of the software in your possession or control.
