Common use of Stylus Studio Products Clause in Contracts

Stylus Studio Products. If the Product licensed to you is a Stylus Studio product the following requirements apply: 4.3.4.1. If the Product is Stylus Studio, Stylus Studio XML Enterprise Suite, or Stylus Studio XML Professional Suite then the Product is licensed on either: (a) a named user basis meaning specific individuals are authorized to access the Product and the total number of named users may not exceed the total number licensed by you; or (b) a Concurrent User basis meaning the quantity of Concurrent Users (as defined above) identified in the Order for the Product must equal the maximum number of users concurrently using or accessing the Product at any given time in accordance with the Concurrent User license model described above. Stylus Studio, Stylus Studio XML Enterprise Suite and Stylus Studio XML Professional Suite are subject to the additional restriction that it may be used by you solely for development and testing of software applications, and not in conjunction with the deployment of such software applications. 4.3.4.2. If the Product is Stylus Studio XML Home Edition, then the Product is licensed on a single named user basis for personal use only. The Stylus Studio XML Home Edition is subject to the additional restriction that it not be used in conjunction with any commercial or for-profit transactions. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 1.9 (WARRANTIES), AND EXCEPT AS PROHIBITED BY APPLICABLE LAW, STYLUS STUDIO XML HOME EDITION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WE MAKE NO WARRANTIES WITH RESPECT TO THE STYLUS STUDIO XML HOME EDITION, EXPRESS, IMPLIED, OR ARISING BY CUSTOM OR TRADE USAGE, AND SPECIFICALLY MAKE NO WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE OR NONINFRINGEMENT. You have the sole responsibility for adequate protection and back-up of all data use in connection with the product. 4.3.4.3. Notwithstanding anything to the contrary in section 3.4.8 (Evaluation License), if the Product is an evaluation version of Stylus Studio, then the Product is licensed on a single named user basis and is subject to the additional restriction that it be used by you solely for evaluation of software applications, and not in conjunction with the development or deployment of such software applications. You must purchase a license for Stylus Studio for the development and testing of software applications. Evaluation includes the use of Products in performance benchmarking. We update the Product regularly and benchmarking data for the Product is subject to change. Benchmark tests on prior versions of the Product may yield results that are not reflective of the performance of the current version of the Product. The most current version of the Product is available at xxx.xxxxxxxxxxxx.xxx. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE EVALUATION VERSION OF STYLUS STUDIO CONTAINS A DISABLING DEVICE THAT WILL AUTOMATICALLY DISABLE THE PRODUCT FIFTEEN (15) DAYS FROM INSTALLATION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 1.9 (WARRANTIES), THE EVALUATION VERSION OF STYLUS STUDIO IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WE MAKE NO WARRANTIES WITH RESPECT TO THE EVALUATION VERSION OF STYLUS STUDIO, EXPRESS, IMPLIED, OR ARISING BY CUSTOM OR TRADE USAGE, AND SPECIFICALLY MAKE NO WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE OR NONINFRINGEMENT. 4.3.4.4. If you ordered or obtained the Product license from an Authorized Reseller, then, in addition to the terms and conditions of this XXXX, your use of the Product may be subject to additional scope of license terms and conditions (if any) specified in the Order between you and the Authorized Reseller, including, without limitation, a restriction that you limit your use of the Product to use solely in conjunction with the Authorized Reseller’s software product(s) licensed by the Authorized Reseller to you. In the event of conflict between the terms and 4.3.4.5. The Product may contain programs that perform automated collection of system data and transmit said data to equipment owned by us or under our control in order to (i) register your activation of the Product, (ii) perform automated updating services for the Product, and/or (iii) validate whether you are entitled to use the Product. System data collected through such programs may be used by us for the purpose of providing you with remote system services and/or for the purpose of enforcing the terms and conditions of this XXXX. 4.3.4.6. Notwithstanding anything to the contrary in this XXXX, maintenance and support for Stylus Studio products is only available online via the Stylus Studio Developer Network (SSDN).

Stylus Studio Products. If the Product licensed to you Licensee is a Stylus Studio product the following requirements shall apply: 4.3.4.1. (i) If the Product is Stylus Studio, Stylus Studio XML Enterprise Suite, or Stylus Studio XML Professional Suite then the Product is licensed on either: (a) a named user basis meaning specific individuals are authorized to access the Product and the total number of named users may not exceed the total number licensed by you; or (b) a Concurrent User basis meaning the quantity of Concurrent Users (as defined above) identified in the Order for the Product must equal the maximum number of users concurrently using or accessing the Product at any given time in accordance with the Concurrent User license model described aboveLicensee. Stylus Studio, Stylus Studio XML Enterprise Suite and Stylus Studio XML Professional Suite are subject to the additional restriction that it may be used by you Licensee solely for development and testing of software applications, and not in conjunction with the deployment of such software applications. 4.3.4.2. (ii) If the Product is Stylus Studio XML Home Edition, then the Product is licensed on a single named user basis for personal use only. The Stylus Studio XML Home Edition is subject to the additional restriction that it not be used in conjunction with any commercial or for-profit transactions. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 1.9 (WARRANTIES)3 OF THE AGREEMENT, AND EXCEPT AS PROHIBITED BY APPLICABLE LAW, STYLUS STUDIO XML HOME EDITION IS PROVIDED “"AS IS” " WITHOUT WARRANTY OF ANY KIND. WE MAKE PROGRESS MAKES NO WARRANTIES WITH RESPECT TO THE STYLUS STUDIO XML HOME EDITION, EXPRESS, IMPLIED, OR ARISING BY CUSTOM OR TRADE USAGE, AND SPECIFICALLY MAKE MAKES NO WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE OR NONINFRINGEMENT. You Licensee shall have the sole responsibility for adequate protection and back-up of all data use in connection with the product. 4.3.4.3. (iii) Notwithstanding anything to the contrary in section 3.4.8 (Evaluation License)License Model set forth below, if the Product is an evaluation version of Stylus Studio, then the Product is licensed on a single named user basis and is subject to the additional restriction that it be used by you Licensee solely for evaluation of software applications, and not in conjunction with the development or deployment of such software applications. You Licensee must purchase a license for Stylus Studio for the development and testing of software applications. Evaluation includes the use of Products in performance benchmarking. We update Progress updates the Product regularly and benchmarking data for the Product is subject to change. Benchmark tests on prior versions of the Product may yield results that are not reflective of the performance of the current version of the Product. The most current version of the Product is available at xxx.xxxxxxxxxxxx.xxx. YOU UNDERSTAND LICENSEE UNDERSTANDS AND ACKNOWLEDGE ACKNOWLEDGES THAT THE EVALUATION VERSION OF STYLUS STUDIO CONTAINS A DISABLING DEVICE THAT WILL AUTOMATICALLY DISABLE THE PRODUCT FIFTEEN (15) DAYS FROM INSTALLATION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 1.9 (WARRANTIES)3 OF THE AGREEMENT, THE EVALUATION VERSION OF STYLUS STUDIO IS PROVIDED “"AS IS” " WITHOUT WARRANTY OF ANY KIND. WE MAKE PROGRESS MAKES NO WARRANTIES WITH RESPECT TO THE EVALUATION VERSION OF STYLUS STUDIO, EXPRESS, IMPLIED, OR ARISING BY CUSTOM OR TRADE USAGE, AND SPECIFICALLY MAKE MAKES NO WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE OR NONINFRINGEMENT. 4.3.4.4. (iv) If you Licensee ordered or obtained the Product license from an Authorized a third party authorized by Progress to resell the Product in conjunction with such third party's software product(s) ("Third Party Reseller"), then, in addition to the terms and conditions of this XXXXAgreement, your Licensee's use of the Product may be subject to additional scope of license terms and conditions (if any) specified in by the Order between you and the Authorized Third Party Reseller, including, without limitation, a restriction that you Licensee limit your its use of the Product to use solely in conjunction with the Authorized Third Party Reseller’s 's software product(s) licensed by the Authorized Third Party Reseller to youLicensee. To the extent that any additional scope of license terms and conditions communicated by the Third Party Reseller to Licensee are in direct conflict with the scope of license specified herein, then the scope of license terms and conditions specified by the Third Party Reseller shall apply. Otherwise the terms and conditions of this Agreement shall govern. In no event does Progress make any representations or warranties, express, implied or arising by custom or trade usage, regarding the event of conflict between the terms andThird Party Reseller's software products and assumes no liability or responsibility with regard to said software products. 4.3.4.5. (v) The Product may contain programs that perform automated collection of system data and transmit said data to equipment owned by us or under our the control of Progress in order to (i) register your the Licensee's activation of the Product, (ii) perform automated updating services for the Product, and/or (iii) validate whether you are Licensee is entitled to use the Product. System data collected through such programs may be used by us Progress for the purpose of providing you Licensee with remote system services and/or for the purpose of enforcing the terms and conditions of this XXXXAgreement. 4.3.4.6. (vi) Notwithstanding anything to the contrary in this XXXXSection 9.1 of the Agreement, maintenance and support for Stylus Studio products is only available online via the Stylus Studio Developer Network (SSDN).

Stylus Studio Products. If the Product licensed to you Licensee is a Stylus Studio product the following requirements shall apply: 4.3.4.1. (i) If the Product is Stylus Studio, Stylus Studio XML Enterprise Suite, or Stylus Studio XML Professional Suite then the Product is licensed on either: (a) a named user basis meaning specific individuals are authorized to access the Product and the total number of named users may not exceed the total number licensed by youLicensee; or (b) a Concurrent User basis meaning the quantity of Concurrent Users (as further defined abovebelow) identified in the Order for the Product must equal the maximum number of users concurrently using or accessing accessing, the Product at any given time in accordance with the Concurrent User license model described abovebelow. Stylus Studio, Stylus Studio XML Enterprise Suite and Stylus Studio XML Professional Suite are subject to the additional restriction that it may be used by you Licensee solely for development and testing of software applications, and not in conjunction with the deployment of such software applications. 4.3.4.2. (ii) If the Product is Stylus Studio XML Home Edition, then the Product is licensed on a single named user basis for personal use only. The Stylus Studio XML Home Edition is subject to the additional restriction that it not be used in conjunction with any commercial or for-profit transactions. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 1.9 (WARRANTIES)3 OF THE AGREEMENT, AND EXCEPT AS PROHIBITED BY APPLICABLE LAW, STYLUS STUDIO XML HOME EDITION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WE MAKE PROGRESS MAKES NO WARRANTIES WITH RESPECT TO THE STYLUS STUDIO XML HOME EDITION, EXPRESS, IMPLIED, OR ARISING BY CUSTOM OR TRADE USAGE, AND SPECIFICALLY MAKE MAKES NO WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE OR NONINFRINGEMENT. You Licensee shall have the sole responsibility for adequate protection and back-up of all data use in connection with the product. 4.3.4.3. (iii) Notwithstanding anything to the contrary in section 3.4.8 (Evaluation License)License Model set forth below, if the Product is an evaluation version of Stylus Studio, then the Product is licensed on a single named user basis and is subject to the additional restriction that it be used by you Licensee solely for evaluation of software applications, and not in conjunction with the development or deployment of such software applications. You Licensee must purchase a license for Stylus Studio for the development and testing of software applications. Evaluation includes the use of Products in performance benchmarking. We update Progress updates the Product regularly and benchmarking data for the Product is subject to change. Benchmark tests on prior versions of the Product may yield results that are not reflective of the performance of the current version of the Product. The most current version of the Product is available at xxx.xxxxxxxxxxxx.xxx. YOU UNDERSTAND LICENSEE UNDERSTANDS AND ACKNOWLEDGE ACKNOWLEDGES THAT THE EVALUATION VERSION OF STYLUS STUDIO CONTAINS A DISABLING DEVICE THAT WILL AUTOMATICALLY DISABLE THE PRODUCT FIFTEEN (15) DAYS FROM INSTALLATION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 1.9 (WARRANTIES)3 OF THE AGREEMENT, THE EVALUATION VERSION OF STYLUS STUDIO IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WE MAKE PROGRESS MAKES NO WARRANTIES WITH RESPECT TO THE EVALUATION VERSION OF STYLUS STUDIO, EXPRESS, IMPLIED, OR ARISING BY CUSTOM OR TRADE USAGE, AND SPECIFICALLY MAKE MAKES NO WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE OR NONINFRINGEMENT. 4.3.4.4. (iv) If you Licensee ordered or obtained the Product license from an Authorized a third party authorized by Progress to resell the Product in conjunction with such third party’s software product(s) (“Third Party Reseller”), then, in addition to the terms and conditions of this XXXXAgreement, your Licensee’s use of the Product may be subject to additional scope of license terms and conditions (if any) specified in by the Order between you and the Authorized Third Party Reseller, including, without limitation, a restriction that you Licensee limit your its use of the Product to use solely in conjunction with the Authorized Third Party Reseller’s software product(s) licensed by the Authorized Third Party Reseller to youLicensee. To the extent that any additional scope of license terms and conditions communicated by the Third Party Reseller to Licensee are in direct conflict with the scope of license specified herein, then the scope of license terms and conditions specified by the Third Party Reseller shall apply. Otherwise the terms and conditions of this Agreement shall govern. In no event does Progress make any representations or warranties, express, implied or arising by custom or trade usage, regarding the event of conflict between the terms andThird Party Reseller’s software products and assumes no liability or responsibility with regard to said software products. 4.3.4.5. (v) The Product may contain programs that perform automated collection of system data and transmit said data to equipment owned by us or under our the control of Progress in order to (i) register your the Licensee’s activation of the Product, (ii) perform automated updating services for the Product, and/or (iii) validate whether you are Licensee is entitled to use the Product. System data collected through such programs may be used by us Progress for the purpose of providing you Licensee with remote system services and/or for the purpose of enforcing the terms and conditions of this XXXXAgreement. 4.3.4.6. (vi) Notwithstanding anything to the contrary in this XXXXSection 9.1 of the Agreement, maintenance and support for Stylus Studio products is only available online via the Stylus Studio Developer Network (SSDN).

Stylus Studio Products. If the Product licensed to you is a Stylus Studio product the following requirements apply: 4.3.4.1. If the Product is Stylus Studio, Stylus Studio XML Enterprise Suite, or Stylus Studio XML Professional Suite then the Product is licensed on either: (a) a named user basis meaning specific individuals are authorized to access the Product and the total number of named users may not exceed the total number licensed by you; or (b) a Concurrent User basis meaning the quantity of Concurrent Users (as defined above) identified in the Order for the Product must equal the maximum number of users concurrently using or accessing the Product at any given time in accordance with the Concurrent User license model described above. Stylus Studio, Stylus Studio XML Enterprise Suite and Stylus Studio XML Professional Suite are subject to the additional restriction that it may be used by you solely for development and testing of software applications, and not in conjunction with the deployment of such software applications. 4.3.4.2. If the Product is Stylus Studio XML Home Edition, then the Product is licensed on a single named user basis for personal use only. The Stylus Studio XML Home Edition is subject to the additional restriction that it not be used in conjunction with any commercial or for-profit transactions. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 1.9 SECTION 1. G (WARRANTIES), AND EXCEPT AS PROHIBITED BY APPLICABLE LAW, STYLUS STUDIO XML HOME EDITION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WE MAKE NO WARRANTIES WITH RESPECT TO THE STYLUS STUDIO XML HOME EDITION, EXPRESS, IMPLIED, OR ARISING BY CUSTOM OR TRADE USAGE, AND SPECIFICALLY MAKE NO WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE OR NONINFRINGEMENT. You have the sole responsibility for adequate protection and back-up of all data use in connection with the product. 4.3.4.3. Notwithstanding anything to the contrary in section 3.4.8 (Evaluation License), if the Product is an evaluation version of Stylus Studio, then the Product is licensed on a single named user basis and is subject to the additional restriction that it be used by you solely for evaluation of software applications, and not in conjunction with the development or deployment of such software applications. You must purchase a license for Stylus Studio for the development and testing of software applications. Evaluation includes the use of Products in performance benchmarking. We update the Product regularly and benchmarking data for the Product is subject to change. Benchmark tests on prior versions of the Product may yield results that are not reflective of the performance of the current version of the Product. The most current version of the Product is available at xxx.xxxxxxxxxxxx.xxx. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE EVALUATION VERSION OF STYLUS STUDIO CONTAINS A DISABLING DEVICE THAT WILL AUTOMATICALLY DISABLE THE PRODUCT FIFTEEN (15) DAYS FROM INSTALLATION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 1.9 (WARRANTIES), THE EVALUATION VERSION OF STYLUS STUDIO IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WE MAKE NO WARRANTIES WITH RESPECT TO THE EVALUATION VERSION OF STYLUS STUDIO, EXPRESS, IMPLIED, OR ARISING BY CUSTOM OR TRADE USAGE, AND SPECIFICALLY MAKE NO WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE OR NONINFRINGEMENT. 4.3.4.4. If you ordered or obtained the Product license from an Authorized Reseller, then, in addition to the terms and conditions of this XXXX, your use of the Product may be subject to additional scope of license terms and conditions (if any) specified in the Order between you and the Authorized Reseller, including, without limitation, a restriction that you limit your use of the Product to use solely in conjunction with the Authorized Reseller’s software product(s) licensed by the Authorized Reseller to you. In the event of conflict between the terms andand conditions specified in the Order between you and the Authorized Reseller and the terms of this XXXX, the order of precedence will be as set forth in section 1.2.8 (Order of Precedence between XXXX and Order). 4.3.4.5. The Product may contain programs that perform automated collection of system data and transmit said data to equipment owned by us or under our control in order to (i) register your activation of the Product, (ii) perform automated updating services for the Product, and/or (iii) validate whether you are entitled to use the Product. System data collected through such programs may be used by us for the purpose of providing you with remote system services and/or for the purpose of enforcing the terms and conditions of this XXXXEULA. 4.3.4.6. Notwithstanding anything to the contrary in this XXXX, maintenance and support for Stylus Studio products is only available online via the Stylus Studio Developer Network (SSDN).