Common use of Software License Rights Upon Termination Clause in Contracts

Software License Rights Upon Termination. Franchisee acknowledges and agrees that most Software purchased by Franchisees through Franchisor’s procurement process is purchased in Franchisor’s name, and is not assignable to Franchisee upon termination of this License Agreement (“Non-Assignable Software”). As such, upon termination of this License Agreement, Franchisee’s right to use such Non-Assignable Software shall automatically cease. With respect to software purchased through Franchisor’s procurement process that is assignable to Franchisee upon termination of this License Agreement (“Assignable Software”), upon the request of Franchisee, Franchisor will provide reasonable assistance in helping to facilitate assignment of such software, including obtaining consent of the vendor where necessary. Upon termination of this License Agreement, Franchisee shall delete both Assignable Software and Non-Assignable Software obtained through Franchisor’s procurement process and, with respect to Assignable Software, Franchisee may reinstall such software on the applicable computing equipment using software copies obtained by Franchisee directly from the applicable vendor.

Appears in 3 contracts

Samples: Relicensing Franchise Agreement (Apple REIT Eight, Inc.), Relicensing Franchise Agreement (Apple REIT Eight, Inc.), Relicensing Franchise Agreement (Apple REIT Eight, Inc.)

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Software License Rights Upon Termination. Franchisee acknowledges and agrees that most Software purchased by Franchisees through Franchisor’s procurement process is purchased in Franchisor’s name, and is not assignable to Franchisee upon termination of this License Agreement (“Non-Assignable Software”). As such, upon termination of this License Agreement, Franchisee’s right to use such Non-Assignable Software shall will automatically cease. With respect to software purchased through Franchisor’s procurement process that is assignable to Franchisee upon termination of this License Agreement (“Assignable Software”), upon the request of Franchisee, Franchisor will provide reasonable assistance in helping to facilitate assignment of such software, including obtaining consent of the vendor where necessary. Upon termination of this License Agreement, Franchisee shall will delete both Assignable Software and Non-Assignable Software obtained through Franchisor’s procurement process and, with respect to Assignable Software, Franchisee may reinstall such software on the applicable computing equipment using software copies obtained by Franchisee directly from the applicable vendor.

Appears in 3 contracts

Samples: Franchise Agreement (American Realty Capital Hospitality Trust, Inc.), Franchise Agreement (American Realty Capital Hospitality Trust, Inc.), Relicensing Franchise Agreement (Apple REIT Ten, Inc.)

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