Common use of Software Licence Clause in Contracts

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. 6.1. If the Customer is provided with a software licence license agreement in respect of any Software, the Customer shall sign and return it to NEVION SMARTOPTICS prior to delivery. 6.2. If no software licence license agreement is provided to the Customer, the Customer hereby accepts a non-exclusive, non-transferable licence license 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 SMARTOPTICS’ 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 NEVIONSMARTOPTICS) 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 license shall be terminable by NEVION SMARTOPTICS if the continued use or possession of the Software by the Customer infringes a third party's rights, or NEVION SMARTOPTICS 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 SMARTOPTICS 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 NEVIONSMARTOPTICS) and the Customer shall indemnify and hold NEVION SMARTOPTICS 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. 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.