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.
(b) Supplier grants to Customer the non-exclusive, non- transferable, limited right (i) to operate the Software, in connection with the normal and proper use of the Products in accordance with the Specification and (ii) to make copies of the Software only where essential for the operation of the Products or for archival or back-up purposes. Otherwise, Customer shall not copy, modify,
(c) Supplier warrants that the Software shall not contain any material non-conformance with Supplier's Specification for such Software for a period of one (1) year after the date of invoice for the copy of such Software. EXCEPT FOR THE EXPRESS WARRANTIES STATED IN CLAUSES 12 AND 13 ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUPPLIER HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED OR INCORPORATED INTO THE CONTRACT, WHETHER BY STATUTE, COMMON LAW OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS, WARRANTIES OR OTHER TERMS AS TO SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, OPERABILITY AND INTEROPERABILITY, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.
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. 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 Contractor 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.
B. During any period of service suspension, the Contractor shall not take any action to intentionally erase any City data.
C. In the event of termination of any services or agreement in its entirety, the Contractor shall not take any action to intentionally erase any City data for a period of: 10 days after the effective date of termination, if the termination is in accordance with the contract period 30 days after the effective date of termination, if the termination is for convenience 60 days after the effective date of termination, if the termination is for cause. After such period, the Contractor shall have no obligation to maintain or provide any City data and shall thereafter, unless legally prohibited, delete all City data in its systems or otherwise in its possession or under its control.
D. The City shall be entitled to any post-termination assistance generally made available with respect to the services unless a unique data retrieval arrangement has been established as part of the Contract, if applicable. The Contractor shall securely dispose of all requested data in all of its forms, such as disk, CD/DVD, backup tape and paper, when requested by the City. Data shall be permanently deleted and shall not be recoverable, according to National Institute of Standards and Technology (NIST)- approved methods. Certificates of destruction shall be provided to the City.
Software Terms. By installing or using Products, your use and the use by any 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 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 Internet which affects the use or operation of the Software. The warranty ...
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 ...
Software Terms. (Relating to Section 3.2 of the MESA)
Software Terms. 1.1 These Software Terms are incorporated in and form part of this MSA and apply between Cygnus and the Customer in addition to the MSA Terms (subject to clause 12.1 (Conflicts) of the MSA Terms).
1.2 Any terms and phrases defined in the MSA Terms shall have the same meaning in these Software Terms, unless expressly provided otherwise hereunder.
1.3 For the purpose of this Schedule 2:
