Common use of STYLES Clause in Contracts

STYLES. The Product may include certain graphical “styles.” Some of the styles included with the Product are intended to be deployed on specific platforms or operating systems as indicated in the documentation. Licensee is not licensed to deploy a platform and/or operating system specific style onto an operating system or platform for which the style is not licensed. IBLITE IBLite usage requires a separate registration process and agreement to supplemental license terms. ADDITIONAL LICENSE TERMS FOR INTERBASE DEVELOPER EDITION AND TOGO TEST DEPLOYMENT The portion of the Product identified as InterBase Developer Edition and ToGo Test Deployment are not a Redistributable and is licensed for development and test purposes only. This license does not permit Licensee to use the InterBase portion of this Product for any commercial, business, governmental institutional or other purpose of any kind, other than development and testing of Applications (defined below). Licensee must obtain a separate InterBase deployment license from Embarcadero before deploying or distributing any Application that uses InterBase. Under the InterBase Developer Edition license, Licensee may install and execute the InterBase Developer Edition on a single computer, subject to the limitations of this section. The Developer's license is limited to use for development purposes only, using solely client applications executing on the same computer as the server, and grants no rights whatsoever for use for production purposes. For purposes of this section, "development purposes" means the purpose of executing the InterBase Developer Edition, alone or in conjunction with other programs or systems solely to evaluate the performance or operation of InterBase Developer Edition or the programs or systems, and "production purposes" means the purpose of executing the Product in conjunction with programs or systems where the results of the programs or systems are, directly or indirectly, used for business operations or relied upon for business decisions. When executing under a Developer's license, the InterBase Developer Edition is subject to limitations on the number of concurrent users, the number of simultaneous database connections and the duration for which the InterBase Developer Edition will execute, as further described in the accompanying documentation and/or README file. Provided Licensee has obtained a Developer license, Licensee may write, compile and use Licensee’s own applications ("Application(s)") using the InterBase Developer Edition including the Client Software, and Licensee may distribute and authorize third parties to distribute the Applications; provided, however, that (a) Licensee’s Application is a product which operates in conjunction with InterBase, (b) Licensee does not use any of Licensor's or its licensors' or suppliers' name, logos or trademarks, or any names, logos or trademarks of any product of Licensor (including InterBase) or its licensors or suppliers to market the Application or any of Licensee’s associated software product(s), (c) Licensee includes Licensor's copyright notice as part of the sign-on message for the Application or any of Licensee’s associated software product(s), (d) Licensee agree to indemnify, hold harmless, and defend Licensor and its licensors and suppliers from and against any claims or lawsuits, including attorney's fees, that arise out of Licensee’s writing, compiling, use or distribution of Licensee’s Application or any of Licensee’s associated software product(s), and (e) Licensee’s Application or any of Licensee’s associated program(s) is not merely a set or subset of InterBase or any libraries or source code included with InterBase. Licensee is not entitled to distribute any part of InterBase with its Application(s) except for the Client Software, without first entering into a separate license agreement with Licensor. Licensee may use the InterBase ToGo Test Deployment license for the purpose of executing the InterBase ToGo Test Deployment software, alone or in conjunction with other programs or systems solely to evaluate the performance or operation of Product or the programs or systems. It may not be used for production purposes. When executing under an InterBase ToGo Test Deployment license, the Product is subject to limitations on the duration for which the Product will execute, as further described in the accompanying documentation and/or README file. Embarcadero may extend the duration at its sole discretion. THIRD PARTY SOFTWARE AND SEPARATELY LICENSED CODE Certain components of the Product use or incorporate third party software programs and/or libraries (but excluding Separately Licensed Code) ("Third Party Software"). Licensee agrees that Licensor's third party licensors and suppliers are intended third party beneficiaries of all terms and conditions of this Agreement intended to protect intellectual property rights in the Product (including the Third Party Software) and limit certain uses thereof. The components listed in the third party license file are considered "Separately Licensed Code". Separately Licensed Code is licensed to Licensee under the terms of the applicable third party license agreement(s) set forth in the third party license file or as provided with the Separately Licensed Code. The terms of such third party license agreement(s) governs Licensee’s use of all Separately Licensed Code. LICENSOR DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, NON- INFRINGEMENT OR INTERFERENCE AND THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SEPARATELY LICENSED CODE; Licensor is not liable to Licensee, and will not defend, indemnify, or hold Licensee harmless for any claims arising from or related to the Separately Licensed Code; and Licensor is not liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages including, but not limited to, lost data, lost savings, and lost profits, with respect to the Separately Licensed Code.

STYLES. The Product may include certain graphical “"styles.” " Some of the styles included with the Product are intended to be deployed on specific platforms or operating systems as indicated in the documentation. Licensee is not licensed to deploy a platform and/or operating system specific style onto an operating system or platform for which the style is not licensed. IBLITE IBLite usage requires a separate registration process and agreement to supplemental license terms. ADDITIONAL LICENSE TERMS FOR INTERBASE DEVELOPER EDITION AND TOGO TEST DEPLOYMENT The portion of the Product identified as InterBase Developer Edition and ToGo Test Deployment are not a Redistributable and is licensed for development and test purposes only. This license does not permit Licensee to use the InterBase portion of this Product for any commercial, business, governmental institutional or other purpose of any kind, other than development and testing of Applications (defined below). Licensee must obtain a separate InterBase deployment license from Embarcadero before deploying or distributing any Application that uses InterBase. Under the InterBase Developer Edition license, Licensee may install and execute the InterBase Developer Edition on a single computer, subject to the limitations of this section. The Developer's license is limited to use for development purposes only, using solely client applications executing on the same computer as the server, and grants no rights whatsoever for use for production purposes. For purposes of this section, "development purposes" means the purpose of executing the InterBase Developer Edition, alone or in conjunction with other programs or systems solely to evaluate the performance or operation of InterBase Developer Edition or the programs or systems, and "production purposes" means the purpose of executing the Product in conjunction with programs or systems where the results of the programs or systems are, directly or indirectly, used for business operations or relied upon for business decisions. When executing under a Developer's license, the InterBase Developer Edition is subject to limitations on the number of concurrent users, the number of simultaneous database connections and the duration for which the InterBase Developer Edition will execute, as further described in the accompanying documentation and/or README file. Provided Licensee has obtained a Developer license, Licensee may write, compile and use Licensee’s 's own applications ("Application(s)") using the InterBase Developer Edition including the Client Software, and Licensee may distribute and authorize third parties to distribute the Applications; provided, however, that (a) Licensee’s 's Application is a product which operates in conjunction with InterBase, (b) Licensee does not use any of Licensor's or its licensors' or suppliers' name, logos or trademarks, or any names, logos or trademarks of any product of Licensor (including InterBase) or its licensors or suppliers to market the Application or any of Licensee’s 's associated software product(s), (c) Licensee includes Licensor's copyright notice as part of the sign-on message for the Application or any of Licensee’s 's associated software product(s), (d) Licensee agree to indemnify, hold harmless, and defend Licensor and its licensors and suppliers from and against any claims or lawsuits, including attorney's fees, that arise out of Licensee’s 's writing, compiling, use or distribution of Licensee’s 's Application or any of Licensee’s 's associated software product(s), and (e) Licensee’s 's Application or any of Licensee’s 's associated program(s) is not merely a set or subset of InterBase or any libraries or source code included with InterBase. Licensee is not entitled to distribute any part of InterBase with its Application(s) except for the Client Software, without first entering into a separate license agreement with Licensor. Licensee may use the InterBase ToGo Test Deployment license for the purpose of executing the InterBase ToGo Test Deployment software, alone or in conjunction with other programs or systems solely to evaluate the performance or operation of Product or the programs or systems. It may not be used for production purposes. When executing under an InterBase ToGo Test Deployment license, the Product is subject to limitations on the duration for which the Product will execute, as further described in the accompanying documentation and/or README file. Embarcadero may extend the duration at its sole discretion. THIRD PARTY SOFTWARE AND SEPARATELY LICENSED CODE Certain components of the Product use or incorporate third party software programs and/or libraries (but excluding Separately Licensed Code) ("Third Party Software"). Licensee agrees that LicensorXxxxxxxx's third party licensors and suppliers are intended third party beneficiaries of all terms and conditions of this Agreement intended to protect intellectual property rights in the Product (including the Third Party Software) and limit certain uses thereof. The components listed in the third party license file are considered "Separately Licensed Code". Separately Licensed Code is licensed to Licensee under the terms of the applicable third party license agreement(s) set forth in the third party license file or as provided with the Separately Licensed Code. The terms of such third party license agreement(s) governs Licensee’s 's use of all Separately Licensed Code. LICENSOR DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, NON- INFRINGEMENT OR INTERFERENCE AND THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SEPARATELY LICENSED CODE; Licensor is not liable to Licensee, and will not defend, indemnify, or hold Licensee harmless for any claims arising from or related to the Separately Licensed Code; and Licensor is not liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages including, but not limited to, lost data, lost savings, and lost profits, with respect to the Separately Licensed Code.

STYLES. The Product may include certain graphical “styles.” Some of the styles included with the Product are intended to be deployed on specific platforms or operating systems as indicated in the documentation. Licensee is not licensed to deploy a platform and/or operating system specific style onto an operating system or platform for which the style is not licensed. IBLITE IBLite usage requires a separate registration process and agreement to supplemental license terms. ADDITIONAL LICENSE TERMS FOR INTERBASE DEVELOPER EDITION AND TOGO TEST DEPLOYMENT The portion of the Product identified as InterBase Developer Edition and ToGo Test Deployment are Deploymentare not a Redistributable and is licensed for development and test purposes only. This license does not permit Licensee to use the InterBase portion of this Product for any commercial, business, governmental institutional or other purpose of any kind, other than development and testing of Applications (defined below). Licensee must obtain a separate InterBase deployment license from Embarcadero before deploying or distributing any Application that Applicationthat uses InterBase. Under the InterBase Developer Edition license, Licensee may install and execute the InterBase Developer Edition on a single computer, subject to the limitations of this section. The Developer's license is limited to use for development purposes only, using solely client applications executing on the same computer as the server, and grants no rights whatsoever for use for production purposes. For purposes of this section, "development purposes" means the purpose of executing the InterBase Developer Edition, alone or in conjunction with other programs or systems solely to evaluate the performance or operation of InterBase Developer Edition or the programs or systems, and "production purposes" means the purpose of executing the Product in conjunction with programs or systems where the results of the programs or systems are, directly or indirectly, used for business operations or relied upon for business decisions. When executing under a Developer's license, the InterBase Developer Edition is subject to limitations on the number of concurrent users, the number of simultaneous database connections and the duration for which the InterBase Developer Edition will execute, as further described in the accompanying documentation and/or README file. Provided Licensee has obtained a Developer license, Licensee may write, compile and use Licensee’s own applications ("Application(s)") using the InterBase Developer Edition including the Client Software, and Licensee may distribute and authorize third parties to distribute the Applications; provided, however, that (a) Licensee’s Application is a product which operates in conjunction with InterBase, (b) Licensee does not use any of Licensor's or its licensors' or suppliers' name, logos or trademarks, or any names, logos or trademarks of any product of Licensor (including InterBase) or its licensors or suppliers to market the Application or any of Licensee’s associated software product(s), (c) Licensee includes Licensor's copyright notice as part of the sign-on message for the Application or any of Licensee’s associated software product(s), (d) Licensee agree to indemnify, hold harmless, and defend Licensor and its licensors and suppliers from and against any claims or lawsuits, including attorney's fees, that arise out of Licensee’s writing, compiling, use or distribution of Licensee’s Application or any of Licensee’s associated software product(s), and (e) Licensee’s Application or any of Licensee’s associated program(s) is not merely a set or subset of InterBase or any libraries or source code included with InterBase. Licensee is not entitled to distribute any part of InterBase with its Application(s) except for the Client Software, without first entering into a separate license agreement with Licensor. Licensee may use the InterBase ToGo Test Deployment license for the purpose of executing the InterBase ToGo Test Deployment software, alone or in conjunction with other programs or systems solely to evaluate the performance or operation of Product or the programs or systems. It may not be used for production purposes. When executing under an InterBase ToGo Test Deployment license, the Product is subject to limitations on the duration for which the Product will execute, as further described in the accompanying documentation and/or README file. Embarcadero may extend the duration at its sole discretion. THIRD PARTY SOFTWARE AND SEPARATELY LICENSED CODE Third Party Software and Separately Licensed Code Certain components of the Product use or incorporate third party software programs and/or libraries (but excluding Separately Licensed Code) ("Third Party Software"). Licensee agrees that LicensorXxxxxxxx's third party licensors and suppliers are intended third party beneficiaries of all terms and conditions of this Agreement intended to protect intellectual property rights in the Product (including the Third Party Software) and limit certain uses thereof. The components listed in the third party license thirdpartylicense file are considered "Separately Licensed Code". Separately Licensed Code is licensed to Licensee under the terms of the applicable third party license agreement(s) set forth in the third party license thirdpartylicense file or as provided with the Separately Licensed Code. The terms of such third party license agreement(s) governs Licensee’s use of all Separately Licensed Code. LICENSOR DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, NON- INFRINGEMENT OR INTERFERENCE AND THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SEPARATELY LICENSED CODE; Licensor is not liable to Licensee, and will not defend, indemnify, or hold Licensee harmless for any claims arising from or related to the Separately Licensed Code; and Licensor is not liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages including, but not limited to, lost data, lost savings, and lost profits, with respect to the Separately Licensed Code.