Common use of SOFTWARE LIMITATIONS Clause in Contracts

SOFTWARE LIMITATIONS. 1.1 NCR Voyix reserves all rights not expressly granted herein. Except as otherwise agreed to by NCR Voyix, no express or implied license or right of any kind is granted to Customer regarding the NCR Voyix Software or Documentation, including, but not limited to, any right to know, use, produce, receive, reproduce, copy, market, sell, distribute, transfer, translate, modify, or adapt the NCR Voyix Software or Documentation or create derivative works based on the NCR Voyix Software or Documentation or any portions thereof, or obtain possession of any source code or other technical material relating to the NCR Voyix Software. The NCR Voyix Software may not be used for commercial timesharing, service, business or other rental or sharing arrangements. Further, Customer shall not decompile, reverse assemble, or otherwise reverse engineer the NCR Voyix Software. 1.2 With respect to NCR Voyix Software which resides at the Licensed Site, Customer may relocate the NCR Voyix Software and Documentation to another site owned and/or operated by Customer (which new site will replace the old Licensed Site and become the new Licensed Site), but only if Customer gives NCR Voyix at least 15 days’ prior written notice and provided that Customer is current on all payment obligations to NCR Voyix, and all of the NCR Voyix Software and Documentation, and all copies thereof, located at the old Licensed Site are moved to the new Licensed Site. 1.3 In the event that Customer sells a Licensed Site or otherwise ceases operation of business at a Licensed Site, NCR Voyix agrees to allow the transfer of the license to the NCR Voyix Software and Documentation used at such Licensed Site to the new operator of such Licensed Site upon the following terms and conditions: (a) in no event shall the license to the NCR Voyix Software be transferred to any entity that offers for sale or licenses or develops software that is, in NCR Voyix’s reasonable opinion, a potential substitute or replacement for the NCR Voyix Software or any part thereof; (b) the transferee must execute NCR Voyix’s standard form of software license agreement or subscription program agreement, as modified by such terms and conditions as NCR Voyix may reasonably require given the circumstances under which transferee obtained the license to the NCR Voyix Software and Documentation; (c) Customer shall pay the then prevailing transfer fee per Licensed Site charged by NCR Voyix; and (d) prior to the effective date of the transfer, Customer must have paid to NCR Voyix any and all monies due to NCR Voyix, whether under this Agreement or any other agreement between NCR Voyix and Customer. 1.4 The NCR Voyix Software which resides at a Licensed Site may not be interfaced to any third party application without authorization from NCR Voyix. Any NCR Voyix interface to such third party application must be licensed by Customer for each authorized copy of the NCR Voyix Software that has been licensed by Customer in accordance with the terms of this Agreement. 1.5 Customer may not use the NCR Voyix Software in a manner or environment that does not comply with the applicable provisions of the PCI-DSS. Further, Customer may not use any remote access application to access the NCR Voyix Software, except as authorized by NCR Voyix.

Appears in 38 contracts

Samples: Master Hospitality Subscription Program Agreement, Master Hospitality Subscription Program Agreement, Master Hospitality Subscription Program Agreement

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SOFTWARE LIMITATIONS. 1.1 NCR Voyix reserves all rights not expressly granted herein. Except as otherwise agreed to by NCR Voyix, no express or implied license or right of any kind is granted to Customer regarding the NCR Voyix Software or Documentation, including, but not limited to, any right to know, use, produce, receive, reproduce, copy, market, sell, distribute, transfer, translate, modify, or adapt the NCR Voyix Software or Documentation or create derivative works based on the NCR Voyix Software or Documentation or any portions thereof, or obtain possession of any source code or other technical material relating to the NCR Voyix Software. The NCR Voyix Software may not be used for commercial timesharing, service, business or other rental or sharing arrangements. Further, Customer shall not decompile, reverse assemble, or otherwise reverse engineer the NCR Voyix Software. 1.2 With respect to NCR Voyix Software which resides at the Licensed Site, Customer may relocate the NCR Voyix Software and Documentation to another site owned and/or operated by Customer (which new site will replace the old Licensed Site and become the new Licensed Site), but only if Customer gives NCR Voyix at least 15 days’ prior written notice and provided that Customer is current on all payment obligations to NCR VoyixpNrCoR Vvoiyixd, ed t and all of the NCR Voyix Software and Documentation, and all copies thereof, located at the old Licensed Site are moved to the new Licensed Site. 1.3 In the event that Customer sells a Licensed Site or otherwise ceases operation of business at a Licensed Site, NCR Voyix agrees to allow the transfer of the license to the NCR Voyix Software and Documentation used at such Licensed Site to the new operator of such Licensed Site upon the following terms and conditions: (a) in no event shall the license to the NCR Voyix Software be transferred to any entity that offers for sale or licenses or develops software that is, in NCR Voyix’s reasonable opinionreasonabpolteential osupbstiitunte ioron, a potential substitute or replacement for the NCR Voyix Software or any part thereof; (b) the transferee must execute NCR Voyix’s standard form of software license agreement or subscription program agreement, as modified by such terms and conditions as NCR Voyix may reasonably require given the circumstances under which transferee obtained the license to the NCR Voyix Software and Documentation; (c) Customer shall pay the then prevailing transfer fee per Licensed Site charged by NCR Voyix; and (d) prior to the effective date of the transfer, Customer must have paid to NCR Voyix any and all monies due to NCR Voyix, whether under this Agreement or any other agreement between NCR Voyix and Customer. 1.4 The NCR Voyix Software which resides at a Licensed Site may not be interfaced to any third party application without authorization from NCR Voyix. Any NCR Voyix interface to such third party application must be licensed by Customer for each authorized copy of the NCR Voyix Software that has been licensed by Customer in accordance with the terms of this Agreement. 1.5 Customer may not use the NCR Voyix Software in a manner or environment that does not comply with the applicable provisions of the PCI-DSS. Further, Customer may not use any remote access application to access the NCR Voyix Software, except as authorized by NCR Voyix.

Appears in 13 contracts

Samples: Master Hospitality Subscription Program Agreement, Master Hospitality Subscription Program Agreement, Master Hospitality Subscription Program Agreement

SOFTWARE LIMITATIONS. 1.1 NCR Voyix reserves all rights not expressly granted herein. Except as otherwise agreed to by NCR Voyix, no express or implied license or right of any kind is granted to Customer regarding the NCR Voyix Software or Documentation, including, but not limited to, any right to know, use, produce, receive, reproduce, copy, market, sell, distribute, transfer, translate, modify, or adapt the NCR Voyix Software or Documentation or create derivative works based on the NCR Voyix Software or Documentation or any portions thereof, or obtain possession of any source code or other technical material relating to the NCR Voyix Software. The NCR Voyix Software may not be used for commercial timesharing, service, business or other rental or sharing arrangements. Further, Customer shall not decompile, reverse assemble, or otherwise reverse engineer the NCR Voyix Software. 1.2 With respect to NCR Voyix Software which resides at the Licensed Site, Customer may relocate the NCR Voyix Software and Documentation to another site owned and/or operated by Customer (which new site will replace the old Licensed Site and become the new Licensed Site), but only if Customer gives NCR Voyix at least 15 days’ prior written notice and provided that Customer is current on all payment obligations to NCR VoyixOHDVW GD\V¶ SULRU ZULWWHQ QRWLFH DQG SNUCRR VYoLyixG, HG W and all of the NCR Voyix Software and Documentation, and all copies thereof, located at the old Licensed Site are moved to the new Licensed Site. 1.3 In the event that Customer sells a Licensed Site or otherwise ceases operation of business at a Licensed Site, NCR Voyix agrees to allow the transfer of the license to the NCR Voyix Software and Documentation used at such Licensed Site to the new operator of such Licensed Site upon the following terms and conditions: (a) in no event shall the license to the NCR Voyix Software be transferred to any entity that offers for sale or licenses or develops software that is, in NCR Voyix’s reasonable opinion, a potential substitute or Voyix¶V UHDVRQDEpoOteHnti al RsuSbstLituQte LorRQ D replacement for the NCR Voyix Software or any part thereof; (b) the transferee must execute NCR Voyix’s Voyix¶V standard form of software license agreement or subscription program agreement, as modified by such terms and conditions as NCR Voyix may reasonably require given the circumstances under which transferee obtained the license to the NCR Voyix Software and Documentation; (c) Customer shall pay the then prevailing transfer fee per Licensed Site charged by NCR Voyix; and (d) prior to the effective date of the transfer, Customer must have paid to NCR Voyix any and all monies due to NCR Voyix, whether under this Agreement or any other agreement between NCR Voyix and Customer. 1.4 The NCR Voyix Software which resides at a Licensed Site may not be interfaced to any third party application without authorization from NCR Voyix. Any NCR Voyix interface to such third party application must be licensed by Customer for each authorized copy of the NCR Voyix Software that has been licensed by Customer in accordance with the terms of this Agreement. 1.5 Customer may not use the NCR Voyix Software in a manner or environment that does not comply with the applicable provisions of the PCI-DSS. Further, Customer may not use any remote access application to access the NCR Voyix Software, except as authorized by NCR Voyix.

Appears in 4 contracts

Samples: Master Hospitality Subscription Program Agreement, Master Hospitality Subscription Program Agreement, Master Hospitality Subscription Program Agreement

SOFTWARE LIMITATIONS. 1.1 NCR Voyix reserves all rights not expressly granted herein. Except as otherwise agreed to by NCR Voyix, no express or implied license or right of any kind is granted to Customer regarding the NCR Voyix Software or Documentation, including, but not limited to, any right to know, use, produce, receive, reproduce, copy, market, sell, distribute, transfer, translate, modify, or adapt the NCR Voyix Software or Documentation or create derivative works based on the NCR Voyix Software or Documentation or any portions thereof, or obtain possession of any source code or other technical material relating to the NCR Voyix Software. The NCR Voyix Software may not be used for commercial timesharing, service, business or other rental or sharing arrangements. Further, Customer shall not decompile, reverse assemble, or otherwise reverse engineer the NCR Voyix Software. 1.2 With respect to NCR Voyix Software which resides at the Licensed Site, Customer may relocate the NCR Voyix Software and Documentation to another site owned and/or operated by Customer (which new site will replace the old Licensed Site and become the new Licensed Site), but only if Customer gives NCR Voyix at least 15 days’ prior written notice and provided that Customer is current on all payment obligations to NCR VoyixOHDVW GD\V¶ SULRU ZULWWHQ QRWLFH DQG SNUCRR VYoLyixG, HG W and all of the NCR Voyix Software and Documentation, and all copies thereof, located at the old Licensed Site are moved to the new Licensed Site. 1.3 In the event that Customer sells a Licensed Site or otherwise ceases operation of business at a Licensed Site, NCR Voyix agrees to allow the transfer of the license to the NCR Voyix Software and Documentation used at such Licensed Site to the new operator of such Licensed Site upon the following terms and conditions: (ai) in no event shall the license to the NCR Voyix Software be transferred to any entity that offers for sale or licenses or develops software that is, in NCR Voyix’s reasonable opinion, a potential substitute or Voyix¶V UHDVRQDEOH RSLQLRQ D replacement for the NCR Voyix Software or any part thereof; (bii) the transferee must execute NCR Voyix’s Voyix¶V standard form of software license agreement or subscription program agreement, as modified by such terms and conditions as NCR Voyix may reasonably require given the circumstances under which transferee obtained the license to the NCR Voyix Software and Documentation; (ciii) Customer shall pay the then prevailing transfer fee per Licensed Site charged by NCR Voyix; and (div) prior to the effective date of the transfer, Customer must have paid to NCR Voyix any and all monies due to NCR Voyix, whether under this Agreement or any other agreement between NCR Voyix and Customer. 1.4 The NCR Voyix Software which resides at a Licensed Site may not be interfaced to any third party application without authorization from NCR Voyix. Any NCR Voyix interface to such third party application must be licensed by Customer for each authorized copy of the NCR Voyix Software that has been licensed by Customer in accordance with the terms of this Agreement. 1.5 Customer may not use the NCR Voyix Software in a manner or environment that does not comply with the applicable provisions of the PCI-DSS. Further, Customer may not use any remote access application to access the NCR Voyix Software, except as authorized by NCR Voyix.

Appears in 1 contract

Samples: Hospitality Subscription Program Agreement

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SOFTWARE LIMITATIONS. 1.1 NCR Voyix reserves all rights not expressly granted herein. Except as otherwise agreed to by NCR VoyixNCR, no express or implied license or right of any kind is granted to Customer regarding the NCR Voyix Software or Documentation, including, but not limited to, any right to know, use, produce, receive, reproduce, copy, market, sell, distribute, transfer, translate, modify, or adapt the NCR Voyix Software or Documentation or create derivative works based on the NCR Voyix Software or Documentation or any portions thereof, or obtain possession of any source code or other technical material relating to the NCR Voyix Software. The NCR Voyix Software may not be used for commercial timesharing, service, business or other rental or sharing arrangements. Further, Customer shall not decompile, reverse assemble, or otherwise reverse engineer the NCR Voyix Software. 1.2 With respect to NCR Voyix Software which resides at the Licensed Site, Customer may relocate the NCR Voyix Software and Documentation to another site owned and/or operated by Customer (which new site will replace the old Licensed Site and become the new Licensed Site), but only if Customer gives NCR Voyix at least 15 days’ prior written notice and provided that Customer is current on all payment obligations to NCR VoyixNCR, and all of the NCR Voyix Software and Documentation, and all copies thereof, located at the old Licensed Site are moved to the new Licensed Site. 1.3 In the event that Customer sells a Licensed Site or otherwise ceases operation of business at a Licensed Site, NCR Voyix agrees to allow the transfer of the license to the NCR Voyix Software and Documentation used at such Licensed Site to the new operator of such Licensed Site upon the following terms and conditions: (ai) in no event shall the license to the NCR Voyix Software be transferred to any entity that offers for sale or licenses or develops software that is, in NCR VoyixNCR’s reasonable opinion, a potential substitute or replacement for the NCR Voyix Software or any part thereof; (bii) the transferee must execute NCR VoyixNCR’s standard form of software license agreement or subscription program agreement, as modified by such terms and conditions as NCR Voyix may reasonably require given the circumstances under which transferee obtained the license to the NCR Voyix Software and Documentation; (ciii) Customer shall pay the then prevailing transfer fee per Licensed Site charged by NCR VoyixNCR; and (div) prior to the effective date of the transfer, Customer must have paid to NCR Voyix any and all monies due to NCR VoyixNCR, whether under this Agreement or any other agreement between NCR Voyix and Customer. 1.4 The NCR Voyix Software which resides at a Licensed Site may not be interfaced to any third party application without authorization from NCR VoyixNCR. Any NCR Voyix interface to such third party application must be licensed by Customer for each authorized copy of the NCR Voyix Software that has been licensed by Customer in accordance with the terms of this Agreement. 1.5 Customer may not use the NCR Voyix Software in a manner or environment that does not comply with the applicable provisions of the PCI-DSS. Further, Customer may not use any remote access application to access the NCR Voyix Software, except as authorized by NCR VoyixNCR.

Appears in 1 contract

Samples: Hospitality Subscription Program Agreement

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