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.
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Samples: General Terms & Conditions of Sale, General Terms & Conditions of Sale
Software Terms. (a) All use of the Software is subject to Customer’s compliance with the terms and conditions of SupplierTransas’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 SupplierTransas’s discretion. If there is any conflict between these Conditions and the XXXX, these Conditions shall take precedence.
(b) Supplier Transas 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,, disassemble, reverse- engineer or decompile the Software. Customer agrees that it shall not use or attempt to use the Software except as authorised in these Conditions or the Contract. The Software does not include updates or upgrades unless otherwise stated in writing by Transas. Customer shall not have any title or ownership to the Software other than ownership of the physical media.
(c) Supplier Transas warrants that the Software shall not contain any material non-conformance with SupplierTransas'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 TRANSAS 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.
Appears in 2 contracts
Samples: General Terms and Conditions of Sale, General Terms and Conditions of Sale
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 xxxxx://xxx.xxxxxxxx.xxx/docs/default-source/marine- documents/transas/WVL-XXXX.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,up
(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.
Appears in 1 contract
Samples: General Terms & Conditions of Sale
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 xxxxx://xxx.xxxxxxxx.xxx/docs/default-source/marine- documents/transas/WVL-XXXX.pdf (or such other web (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,, disassemble, reverse-engineer or decompile the Software. Customer agrees that it shall not use or attempt to use the Software except as authorised in these Conditions or the Contract. The Software does not include updates or upgrades unless otherwise stated in writing by Supplier. Customer shall not have any title or ownership to the Software other than ownership of the physical media.
(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. .
(d) 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. 14. THIRD PARTY HARDWARE AND SOFTWARE – FOR EXTENDED, SOFTWARE UPGRADE AND LIFECYLE SERVICES ONLY (a) Customer acknowledges that the Software may have been developed by third party software supplier(s) named in the copyright notice(s) included with the Software and agrees that such software suppliers are authorised to hold Customer responsible for any copyright infringement or breach of clause 13 of these Conditions.
Appears in 1 contract
Samples: Support Services Agreement
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 xxxxx://xxx.xxxxxxxx.xxx/docs/default-source/marine- documents/transas/WVL-XXXX.pdf (or such other web (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,up
(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.
Appears in 1 contract
Samples: General Terms & Conditions of Sale