SOFTWARE LICENSE AND WARRANTY Sample Clauses

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. 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. 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: i. to market and sublicense the ANALOGIC Software in object code form only; ii. to use internally the ANALOGIC proprietary Software in source code form, solely for the purposes of understanding the operation of the Product, supporting TOMOTHERAPY’s installed Product base, and accomplishing the purposes of clause (iii) below; and iii. to make modifications and improvements to the ANALOGIC proprietary Software for distribution per clause (i) above. Neither TOMOTHERAPY nor any of its sub-licensees shall be permitted to transfer the ANALOGIC Software in any form except in connection with the sale of a HI-ART II System, or as provided in Section 24 of this Agreement. Table of Contents b. During the term of this Agreement, TOMOTHERAPY may sublicense its distributors to distribute and sub-license the ANALOGIC Software solely in connection with Customers’ use of the Components which are part of a System purchased by the customer. c. TOMOTHERAPY expressly acknowledges that this Agreement does not grant TOMOTHERAPY the right to copy, reproduce, or transmit in any form the ANALOGIC Software or any part thereof, or to authorize or permit others to do so, except as expressly provided herein. TOMOTHERAPY shall not reverse engineer, decompile or disassemble the ANALOGIC Software not provided hereunder in source code form. d. Except as expressly provided herein, all right, title and interest in and to the ANALOGIC Software shall at all times remain and vest solely with ANALOGIC and its suppliers. TOMOTHERAPY shall have no access to or rights in the ANALOGIC licensed Third-Party Software in source code form. Except with respect ...
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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: (i) to install the Software to as many workstation(s) or device(s) as required for agreed number of User(s) permitted in the Agreement; (ii) to use the Software during validity of license acquired by the Customer as agreed upon these General Terms, solely for the agreed purpose in compliance with the Documentation; (iii) to access and to use the Service during the validity of right to use the Service (which depends on license type acquired by the Customer). If the subscription for license of Customer is valid for fixed period (e.g. one-year license), the license contains a right to use the Service during validity of the fixed license. After the initial period the right to access and use the Service is valid as offered by Firstbeat. The Service is revocable at the sole direction of Firstbeat and Firstbeat is entitled to change, alter or close the Service at any time, except that Firstbeat undertakes to keep the Service available during the guaranteed fixed period (e.g. one year or four years, as applicable) defined above. (iv) to use the Documentation for internal, non-commercial reference purposes only during the validity of the rights of use. In case Firstbeat shall close the Service or Customer's right to use the Service expires, the license to Software remains in force as long as the license is valid. Upon expiration or termination of the Agreement for any reason the Customer must uninstall the Software and destroy all copies of the Software and Documentation. Firstbeat warrants for the sole benefit of the Customer, that the Software, when operated in accordance with the terms of these General Terms, shall be capable of operating in the Operating Environment and materially conform to the specifications. The said warranty shall be valid for a period of ninety (90) days commencing from the date of delivery. In the event of an Error in the Service, further details are agreed in Section 4.4. The warranty for the Software shall expire, if the Software is not used in the agreed Operating Environment or the Customer makes or commissions third party to make changes to the Software or to the Operating Environment, which have not been approved by Firstbeat in writing in advance or the Customer refuse to update the basic software co...
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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. 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/ .
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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. 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 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 The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.

  • Software License Terms (a) Software that is made available by a Provider to Recipient in connection with any Service (any such Software being referred to herein as “TSA-Licensed Software”) provided hereunder will be subject to the terms set forth in this Section 3.5 except as otherwise provided in the applicable Service Schedule. The Provider hereby grants to the Recipient a non-exclusive, non-transferable license to use, in object code form, any TSA-Licensed Software that is made available by the Provider pursuant to a Service Schedule. For the avoidance of doubt, the Provider that makes available any TSA-Licensed Software in connection with the provision of any Service retains the unrestricted right to enhance or otherwise modify such TSA-Licensed Software at any time, provided that such enhancements or other modifications do not disrupt the provision of such Service to the Recipient. (b) The Recipient may not exceed the number of licenses, agents, tiers, nodes, seats, or other use restrictions or authorizations, if any, specified in the applicable Service Schedule. Some TSA-Licensed Software may require license keys or contain other technical protection measures. The Recipient acknowledges that the Provider may monitor the Recipient’s compliance with use restrictions and authorizations remotely, or otherwise. If the Provider makes a license management program available which records and reports license usage information, the Recipient agrees to appropriately install, configure and execute such license management program. (c) Unless otherwise permitted by the Provider, the Recipient may only make copies or adaptations of the TSA-Licensed Software for archival purposes or when copying or adaptation is an essential step in the authorized use of TSA-Licensed Software. If the Recipient makes a copy for backup purposes and installs such copy on a backup device, the Recipient may not operate such backup installation of the TSA-Licensed Software without paying an additional license fee, except in cases where the original device becomes inoperable. If a copy is activated on a backup device in response to failure of the original device, the use on the backup device must be discontinued when the original or replacement device becomes operable. The Recipient may not copy the TSA-Licensed Software onto or otherwise use or make it available on, to, or through any public or external distributed network. Licenses that allow use over the Recipient’s intranet require restricted access by authorized users only. (d) The Recipient must reproduce all copyright notices that appear in or on the TSA-Licensed Software (including documentation) on all permitted copies or adaptations. Copies of documentation are limited to internal use. (e) Notwithstanding anything to the contrary herein, certain TSA-Licensed Software may be licensed under the applicable Service Schedule for use only on a computer system owned, controlled, or operated by or solely on behalf of the Recipient and may be further identified by the Provider by the combination of a unique number and a specific system type (“Designated System”) and such license will terminate in the event of a change in either the system number or system type, an unauthorized relocation, or if the Designated System ceases to be within the possession or control of the Recipient. (f) The Recipient will not modify, reverse engineer, disassemble, decrypt, decompile, or make derivative works of the TSA-Licensed Software. Where the Recipient has other rights mandated under statute, the Recipient will provide the Provider with reasonably detailed information regarding any intended modifications, reverse engineering, disassembly, decryption, or decompilation and the purposes therefor. (g) The Recipient may permit a consultant or subcontractor to use TSA-Licensed Software at the licensed location for the sole purpose of providing services to the Recipient. (h) Upon expiration or termination of the Service Schedule under which TSA-Licensed Software is made available, the Recipient will destroy the TSA-Licensed Software. The Recipient will remove and destroy or return to the Provider any copies of the TSA-Licensed Software that are merged into adaptations, except for individual pieces of data in the Recipient’s database. The Recipient will provide certification of the destruction of TSA-Licensed Software, and copies thereof, to the Provider. The Recipient may retain one copy of the TSA-Licensed Software subsequent to expiration or termination solely for archival purposes. (i) The Recipient may not sublicense, assign, transfer, rent, or lease the TSA-Licensed Software to any other person except as permitted in this Section 3.5. (j) The Recipient agrees that the Provider may engage a third party designated by the Provider and approved by the Recipient (such approval not to be unreasonably withheld) to audit the Recipient’s compliance with the Software License terms. Any such audit will be at the Provider’s expense, require reasonable notice, and will be performed during normal business hours. Such third party will be required to execute a non-disclosure agreement that restricts such third party from disclosing confidential information of the Recipient to the Provider, except to the extent required to report on the extent to which the Recipient is not in compliance with the Software License terms.

  • Customer Warranty Customer’s and its End Users’ use of the Services must always comply with all applicable Laws and this Agreement.

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