Software Terms. (a) All use of the Software is subject to Customer’s compliance with the terms and conditions of Supplier’s End User License Agreement (the “XXXX”) (available at xxxx://xxx.xxxxxxx.xxx/legal/Transas_EULA.pdf (or such other web page that may be used from time to time), or upon request, or provided by Supplier), which is incorporated herein by this reference and may be updated from time to time at Supplier’s discretion. If there is any conflict between these Conditions and the XXXX, these Conditions shall take precedence.
Software Terms. Additional terms found in Addendum A apply to the extent Subscriber is purchasing a Subscription that includes Software for internal use. Sections 7 and 8 of this Agreement do not apply to any beta versions of Products.
Software Terms. (a) All use of the Software is subject to Customer’s compliance with the terms and conditions of Transas’s End User License Agreement (the “XXXX”) (available at xxxx://xxx.xxxxxxx.xxx/legal/Transas_EULA.pdf or upon request), which is incorporated herein by this reference and may be updated from time to time at Transas’s discretion. If there is any conflict between these Conditions and the XXXX, these Conditions shall take precedence.
Software Terms. The following additional terms apply only to transactions covering Application Software and/or Xerox-brand Equipment:
Software Terms. The following special terms and conditions are applicable to any Third Party Software licensed in conjunction with the Software under the Agreement:
Software Terms. A. In the event of termination of the contract, the service provider shall implement an orderly return of City data in a CSV or another mutually agreeable format at a time agreed to by the parties and the subsequent secure disposal of City data.
Software Terms. Where the Tenderer proposes to use Software, which will require the Client to enter into a license arrangement, then the conditions listed Schedule 7, Software Terms category as noted in this schedule will apply. BRONZE LICENCE TERMS Each licence granted under the Bronze Licence Terms shall be for the Contract Period, royalty free and non-exclusive and shall allow the Customer to Use the software. The Customer may sub-license the rights granted to it pursuant to paragraph 1.1 to a third party provided that: the sub-licence only authorises the third party to Use the software for the benefit of the Customer; and the third party has entered into a confidentiality undertaking with the Customer. The Customer may copy the software licensed pursuant to paragraph 1.1 above in order to create an archival copy and a back up copy of it. When copying such software, the Customer shall include the original machine readable copyright notice, and a label affixed to the media identifying the software and stating: "This medium contains an authorised copy of copyrighted software which is the property of insert name of owner." The Customer may: assign, novate or otherwise dispose of its rights and obligations licensed under the Bronze Licence Terms to any other body (including any private sector body) which substantially performs any of the functions that previously had been performed by the Customer; or transfer the licences granted pursuant to this Contract to other machines or users within the Customer. Any change in the legal status of the Customer which means that it ceases to be a Contracting Body shall not affect the validity of any licence granted under the Bronze Licence Terms. If the Customer ceases to be a Contracting Body, the Bronze Licence Terms shall be binding on any successor body to the Customer. At any time during the Contract Period, the Supplier or third party licensor (as the case may be) may terminate a licence granted under the Bronze Licence Terms with thirty (30) Working Days notice in writing (or such other period as agreed by the Parties) if: the Customer uses the software for any purpose not expressly permitted by the Bronze Licence Terms or the Contract; or the Customer commits any material breach of the Bronze Licence Terms which, if the breach is capable of remedy, is not remedied within twenty (20) Working Days after the Supplier or third party licensor (as the case may be) giving the Customer written notice specifying the breach and requiring...
Software Terms. By installing or using Products, your use and the use by your End Users are governed by the applicable XXXX.
Software Terms. Certain SaaS Services or Email Hosting Services may require Client to install data capture or other software. Such software may be sublicensed to Client by Smarsh (“Software”) or Client may be required to license the software directly from a third party. Smarsh (including its licensors) retains all rights in and to the Software not expressly granted to Client in this Section. If Software is provided to Client by Smarsh, Smarsh grants Client the limited, non-exclusive, non-sublicensable right to download, execute and install the applicable Software onto Client’s end user’s computer, laptop or mobile device (as applicable) for which Client has purchased a Unit, plus one copy for backup or archival purposes. Client will not alter, disable or work around any usage control mechanism within the Software or rent, lease, sell, sublicense, distribute, reproduce, create derivatives of, edit, disassemble or reverse engineer the Software, or remove any proprietary notice from the Software. Client will not use the Software to provide services to third parties. Client is responsible for the supervision, management and control of the use of the Software, and for the provision and proper maintenance of the hardware and supporting software (such as operating-system updates and virus-protection software). The Software may contain automated tracking features. Client will not hinder, impede, alter or prevent the automated tracking features. Smarsh will deliver the Software to Client in a good and workmanlike manner and according to generally accepted industry standards (“Software Performance Warranty”). The foregoing warranty will expire 30 days following Xxxxxx’x delivery of the Software. In the event of a breach of the Software Performance Warranty, Smarsh will repair the Software such that it meets the foregoing Software Performance Warranty or provide Client with a replacement. The foregoing represents Client’s sole and exclusive remedy for any damage, loss or claimarising out of the Software. Smarshmakes no otherrepresentation or warrantywithrespect to the Software. The Software is provided“ASIS.” Smarsh expressly disclaims liability for (a) changes or modifications made to the Software by anyone other than Smarsh; or (b) any changes, modifications, combinations with other software applications or equipment, conditions or issues on or arising from Client’s systems, servers, networks, or the Internet whichaffectsthe use or operation of the Software. The warrantycontained ...
Software Terms. Certain SaaS Services, the Email Hosting Services or the On-Premise Service may require Client to install software. Such software may be sublicensed to Client by Smarsh (“Software”) or Client may be required to license the software directly from a third party. Smarsh (including its licensors) retains all rights in and to the Software not expressly granted to Client in this Section. If Software is provided to Client by Smarsh, upon delivery of the Software Smarsh grants Client the limited, non-exclusive, non-sublicensable right to download, execute and install the applicable Software onto Client’s end user’s computer, laptop or mobile device (as applicable), for which Client has purchased a Unit, or on Client owned or controlled servers, plus one copy for backup or archival purposes. Client will not alter, disable or work around any usage control mechanism within the Software or rent, lease, sell, sublicense, distribute, reproduce, create derivatives of, edit, disassemble or reverse engineer the Software, or remove any proprietary notice from the Software. Client will not use the Software to provide services to third parties. Client is responsible for the supervision, management and control of the use of the Software, and for the provision and proper maintenance of the hardware and any supporting software (such as operating-system updates and virus-protection software). The Software may contain automated tracking features. Client will not hinder, impede, alter or prevent the automated tracking features. Smarsh will deliver the Software to Client in a good and workmanlike manner and per generally accepted industry standards (“Software Performance Warranty”). The foregoing warranty will expire 30 days following Xxxxxx’x delivery of the Software. In the event of a breach of the Software Performance Warranty, Smarsh will repair the Software such that it meets the foregoing Software Performance Warranty or provide Client with a replacement. The foregoing represents Client’s sole and exclusive remedy for any damage, loss or claim arising out of the Software. Smarsh makes no other representation or warranty with respect to the Software. The Software is provided “AS IS.” Smarsh expressly disclaims liability for (a) changes or modifications made to the Software by anyone other than Smarsh; or (b) any changes, modifications, combinations with other software applications or equipment, conditions or issues on or arising from Client’s systems, servers, networks, or the ...
