SOFTWARE LICENSE AND WARRANTY Sample Clauses

SOFTWARE LICENSE AND WARRANTY. For software developed by Resonon and used with any Product, including but not limited to Resonon's Spectronon and SpectrononPro software, and all related documentation (collectively "Software"), Resonon does not transfer ownership (which shall remain solely with Resonon) but only grants the Customer a non-exclusive license to use the Software. The terms and conditions of such license shall be as set forth in the End-User Software License Agreement ("XXXX") applicable to the particular Software made available for use with the Product. The applicable XXXX is made available in the documentation accompanying the Software, and Resonon will furnish a copy of the XXXX at Customer's request. The XXXX for Spectronon software is also available in the online users manual at Xxxxxxxxxx.xxx.
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SOFTWARE LICENSE AND WARRANTY. For software developed by JDSU and contained in any Product and all related documentation (collectively "Software"), JDSU does not transfer ownership (which shall remain solely with JDSU) but only grants the Customer a perpetual, non-exclusive license to use the Software only in conjunction with a single unit of JDSU Product.. Such license is transferable only with the transfer of ownership of the Product in which it is used. Except for making a backup or archival copy or as permitted by law and provided that the said copies contains all of the JDSU proprietary notices contained in the original Software, Customer shall not (a) modify, translate, reproduce, copy, reverse engineer, decompile or disassemble all or any portion of the Software, (b) distribute, market, disclose, rent, lease or create derivative works, or sublicense the use of, the Software to any third party, or (c) permit or authorize anyone within Customer's reasonable control to do any acts in (a) or (b). JDSU warrants that the Software under normal use and service as originally delivered to Customer will function substantially in accordance with the functional description set out in the Product specification and/or user manual supplied with the Software for a period of ninety (90) days from the date of shipment. JDSU's sole liability and Customer's sole remedy for a breach of this Software warranty shall be JDSU's commercially reasonable efforts to rectify the non-conformity or, if after repeated efforts JDSU is unable to rectify the non-conformity, JDSU shall accept return of the Product containing the non-conforming Software and shall issue a credit to Customer for all amounts paid by Customer for the corresponding Product. This warranty is void if failure of the Software has resulted from accident, misuse, abuse, misapplication or modification. JDSU's Software is provided to non-Department of Defense (DOD) agencies of the United States Government with RESTRICTED RIGHTS and its supporting documentation is provided with LIMITED RIGHTS. Use, duplication, or disclosure by the United States Government is subject to the restrictions as set forth in subparagraph "C" of the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19. In the event the sale is to a DOD agency, the Government's rights in Software, supporting documentation, and technical data are governed by the restrictions in the Technical Data Commercial Items clause at DFARS 252.227-7015 and DFARS 227.7202. If Custom...
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SOFTWARE LICENSE AND WARRANTY. ATTENTION! Use of the software program on the enclosed disks and/or installed on the computer is subject to the terms of the License Agreement printed on the license card, in the license booklet, or in the user documentation. You should not use this software until you have read the License Agreement. By using the software, you signify that you have read the License Agreement and accept its terms.
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SOFTWARE LICENSE AND WARRANTY a. Components may contain pre-existing ANALOGIC proprietary software (“ANALOGIC proprietary software”) and software licensed to ANALOGIC by independent third parties (ANALOGIC licensed “Third Party Software”). TOMOTHERAPY also may add TOMOTHERAPY Software to the Components and/or to the System(s) into which the Components are integrated that may be its own proprietary software or other software licensed by TOMOTHERAPY directly from other third parties (collectively, TOMOTHERAPY Software). ANALOGIC proprietary Software and ANALOGIC licensed Third-Party Software are sometimes referred to collectively herein as the “ANALOGIC Software.” ANALOGIC hereby grants to TOMOTHERAPY for the term of this Agreement, subject to the conditions set forth herein, a non-exclusive, non-transferable (except as provided in Section 24 of this Agreement) worldwide license:
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SOFTWARE LICENSE AND WARRANTY. Upon terms and limitations and against full and timely payment of all applicable fees and charges and subject to agreed amount of User profiles, Firstbeat grants to the Customer a restricted, non-exclusive and non-transferable license:
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SOFTWARE LICENSE AND WARRANTY. Purchasing software allows the buyer to use a license for a version of a software program as specified at the time of purchase on a computer for an unlimited amount of time and in accordance with the user license agreement. The purchase of software also includes a 90- day warranty as stipulated in the user license agreement. To use the purchased software, you must first accept the terms and conditions of the license agreement as they are presented at the time of the software’s installation. The terms and conditions of the license agreement are also available on the following webpage: xxxxx://xxx.xxx.xxx/xxxx/ . Payment You can purchase the software from our website using the payment methods specified on the payment webpage: American Express, Bancontact/Mister Cash, Mastercard, VISA, Sofort Überweisung (AT), giropay, iDEAL, and PAYPAL. Your card will be billed immediately at the time of purchase. You will also receive a software activation key that you will need to enter after installing and launching the software. Support For help with your order (billing and downloading), please contact DxO through our website, xxxxx://xxxxxxx.xxx.xxx/hc/en-us , or email address, xxxxxxx@xxx.xxx . Purchase of our software – Return and refund policy Software bought on our website and activated Pursuant to article L.121-21 of the Consumer Code, and internation practices for the protection of software against misuse, a software product cannot be returned nor exchanged after it has been bought, downloaded from our website, and then activated. Similarly, a software product bought from a dealer cannot be returned nor exchanged after it has been installed and activated. We remind you that you can see if our products meet your needs by using the fully-functional trial versions of the software that you can download from our website. We invite you to download and use these trial versions before making any purchase of our software. Software bought on our website but not activated If you have not activated the product (s) software (s) purchased from our website - so if you have not used the activation code obtained during the purchase - you can use your right to purchase withdrawal, provided to do within 14 calendar days of receipt of your order online. You must notify us of your decision to withdraw through a clear statement indicating that you intend to withdraw your purchase and giving all the information required to identify your order. The date taken into account is that of send...
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SOFTWARE LICENSE AND WARRANTY. For software developed by Phenix and used with any Product, and all related documentation (collectively "Software"), Phenix does not transfer ownership (which shall remain solely with Phenix) but only grants the Customer a non-exclusive license to use the Software.
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SOFTWARE LICENSE AND WARRANTY. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Subject to licenses that may be granted from time to time, all title and copyrights in and to the Software, any accompanying printed materials, and any copies of the Software, are owned by Shark Byte Systems Inc. (“SBS”). The copies of the Software sold by SBS to the Customer are subject to the End-User License Agreement (“XXXX”) between SBS and the Customer attached to the Customer’s copy or copies of the Software or displayed in a sign-on screen visible to the Customer upon commencing use of the Software. By its use of the Software, the Customer agrees to be bound by the terms of the XXXX. If the Customer does not agree to the terms of the XXXX, the Customer may not use the Software and must deliver all copies to SBS for a refund (subject to transportation and handling charges, which will be deducted from Customer’s deposit). The Customer understands that after acceptance and the commencing of use, SBS may terminate the XXXX if the Customer fails to comply with the terms and conditions of the XXXX. (If such failure to comply is a harmless and understandable mistake, a simple warning will be given to the Customer). In such event, this Agreement will terminate automatically and The Customer will return to SBS all copies of the Software, and the Customer will not be entitled to any refund of the purchase price or fees paid under this Agreement. The Customer may use GarageNet only in the parking industry. Limitation of Software License SBS will have no responsibility for any damage or defect caused by the Customer’s negligence (please define negligence? We already used the version in the office and ran into glitches. Are you saying that’s our fault and a damage caused by GGMC) or as a result of any attempt by the Customer to make copies of or modifications to the Software, which are strictly prohibited by the XXXX and this Agreement. In case, of modifying the software this Agreement will be terminated, and the Customer will return to SBS all copies of the Software, (but the data that was/is stored to date by SBS servers and Third-Party co-location facilities will be returned to GGMC), and the Customer will not be entitled to any refund of the purchase price or fees paid under this Agreement.
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Related to SOFTWARE LICENSE AND WARRANTY

  • Software License Agreement 1) Customers acquiring software licenses under the Contract shall hold, use and operate such software subject to compliance with the Software License Agreement set forth in Appendix D of this Contract. No changes to the Software License Agreement terms and conditions may be made unless previously agreed to between Vendor and DIR. Customers may not add, delete or alter any of the language in Appendix D; provided however, that a Customer and Vendor may agree to additional terms and conditions that do not diminish a term or condition in the Software License Agreement, or in any manner lessen the rights or protections of Customer or the responsibilities or liabilities of Vendor. Order Fulfiller shall make the Software License Agreement terms and conditions available to all Customers at all times.

  • Software Warranty We warrant that the Tyler Software will perform without Defects during the term of this Agreement. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the maintenance and support process set forth in Section C(9), below, the SLA and our then current Support Call Process.

  • Software License Subject to the terms of this Agreement, Viasat grants to you a personal, non-exclusive, non-assignable and non-transferable license to use and display the software provided by or on behalf of Viasat (including any updates) only for the purpose of accessing the Service ("Software") on any computer(s) on which you are the primary user or which you are authorized to use. Our Privacy Policies provide important information about the Software applications we utilize. Please read the terms very carefully, as they contain important disclosures about the use and security of data transmitted to and from your computer. Unauthorized copying of the Software, including, without limitation, software that has been modified, merged or included with the Software, or the written materials associated therewith, is expressly forbidden. You may not sublicense, assign, or transfer this license or the Software except as permitted in writing by Viasat. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations under this license is void and may result in termination by Viasat of this Agreement and the license. You agree that you shall not copy or duplicate or permit anyone else to copy or duplicate any part of the Software, or create or attempt to create, or permit others to create or attempt to create, by reverse engineering or otherwise, the source programs or any part thereof from the object programs or from other information made available under this Agreement.

  • Software Licenses Seller has all necessary licenses to use all material third-party software used in Seller's business, and Seller's use of third-party software does not infringe the rights of any Person.

  • Third Party Software 1. The Software may contain third party software that requires and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions are located at xxxx://xxx.xxxxxxxxx.xxx/thirdparty/index.html and are made a part of and incorporated by reference into this XXXX. By accepting this XXXX, You are also accepting the additional terms and conditions, if any, set forth therein.

  • Services Warranty The Contractor warrants and represents that each of its employees, Subcontractors, or agents assigned to perform any services under the terms of this Agreement shall have the skills, training, and background reasonably commensurate with his or her level of performance or responsibility, so as to be able to perform in a competent and professional manner. The Contractor further warrants that the services provided hereunder will conform to the requirements of this Agreement. All warranties, including any special warranties specified elsewhere herein, shall inure to the Judicial Council, its successors, assigns, customer agencies, and any other recipients of the services provided hereunder.

  • Licensed Software Computer program(s) provided by Contractor in connection with the Deliverables, subject to Section 14 of this Contract.

  • Open Source Software The Software product may include certain open source components that are subject to open source licenses (“Open Source Software”), in which case, the embedded Open Source Software is owned by a third party. The Open Source Software is not subject to the terms and conditions of this XXXX. Instead, each item of Open Source Software is licensed under its applicable license terms which accompanies such Open Source Software. Nothing in this XXXX limits your rights under, nor grants you rights that supersede, the terms and conditions of any applicable license terms for the Open Source Software. Any fees charged by GC in connection with the SOFTWARE, do not apply to the Open Source Software for which fees may not be charged under the applicable license terms. The terms and conditions of the applicable license for the Open Source Software are available on the LICENSE.txt file, which is provided with the SOFTWARE.

  • License Agreement The Trust shall have the non-exclusive right to use the name "Invesco" to designate any current or future series of shares only so long as Invesco Advisers, Inc. serves as investment manager or adviser to the Trust with respect to such series of shares.

  • Customer Warranties Customer represents and warrants that:

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