Term of License. This License Agreement and Licensee’s license for the Licensed Software is perpetual, unless a subscription/term license has been purchased by Licensee (in which case the term of the license shall be as set forth in the Product Order, specified in Annex 1 or Annex 2, or as otherwise agreed in writing between the Licensee and Licensor), and is subject to earlier termination as provided in this Section 5. If Licensee has purchased a subscription/term license, Licensee’s license to the Licensed Software shall automatically terminate upon expiry of such subscription/term. Licensor may terminate this License Agreement and Licensee’s license to the Licensed Software immediately by giving Licensee written notice of termination in the event that either (i) Licensee breaches any term or condition of this License Agreement and Licensee has failed to remedy such breach within ten (10) days of the date of notice from Licensor to Licensee or (ii) Licensee is wound up, has a receiver appointed or has applied for or enters into liquidation or bankruptcy or analogous process or processes. Termination shall be without prejudice to any other rights or remedies Licensor may have. In the event of any termination Licensee will have no right to keep, access, or use the Licensed Software or any copy of the Licensed Software for any purpose and Licensee shall destroy and erase all copies of such Licensed Software in its possession or control, and forward written certification to Licensor that all such copies of Licensed Software have been destroyed or erased. Termination shall not entitle the Licensee to any refund or reimbursement of any kind of previously paid fees. The rights and obligations of the parties contained in Sections 3, 8, 9, 10, 11, 12, and 13, and other sections that by their nature are intended to survive, will survive the termination or expiration of this License Agreement.
Appears in 34 contracts
Samples: End User License Agreement, End User License Agreement, License Agreement
Term of License. This License Agreement and Licensee’s the license term for the Licensed Software granted herein is perpetual, unless a subscription/term license has been purchased by Licensee (in which case the license term of the license shall be as set forth in the Product Order, specified in Annex 1 Order or Annex 2, or as otherwise agreed in writing between the Licensee and LicensorALA), and is subject to earlier termination as provided in this Section 53. If Licensee has purchased a subscription/term license, Licensee’s such license to the Licensed Software shall automatically terminate upon expiry of such subscription/term, unless earlier terminated under this Section 3. Licensor may terminate this License Agreement and Agreement, along with any or all licenses then in effect with Licensee’s license to the Licensed Software , immediately by giving Licensee written notice of termination in the event that either (i) Licensee breaches any term or condition of this License Agreement and Licensee has failed fails to remedy such breach within ten (10) days of the date receipt of Licensor’s notice from Licensor to Licensee or detailing such breach; (ii) Licensee is wound upbecomes insolvent, has a receiver appointed appointed, or files for or has applied for or enters into liquidation or filed against it, liquidation, bankruptcy or analogous process proceedings; or processes(iii) Licensee infringes or misappropriates the intellectual property rights of Licensor. Termination shall be without prejudice to any other rights or remedies Licensor may have. In the event of any termination Licensee will have no right termination, Licensee’s license(s) to keepinstall, access, access or use the Licensed Software or any copy of the Licensed Software for any purpose will immediately terminate, and Licensee shall destroy and erase all copies of such Licensed Software in its possession or control, control and forward provide written certification to Licensor that all such copies it has complied with this provision. Early termination of Licensed Software have been destroyed or erased. Termination this Agreement shall not entitle the Licensee to any refund or reimbursement of any kind of previously paid fees. The rights and obligations of the parties contained in Sections 33 (Term of License), 86 (Disclaimer of Warranty), 97 (Limitation of Liability), 108 (High Risk Uses), 119 (Ownership), 1210 (Third Party Software and Components), 11 (Notice to U.S. Government End Users), 12 (License Fees and 13Payment Terms), 13 (Audits), 15 (Privacy and other sections that by their nature are intended to survive, Use of Licensee Information),16 (Licensee Trademark and Feedback) and 17 (Miscellaneous) will survive the termination or expiration of this License Agreement.
Appears in 2 contracts
Samples: Enterprise Open End User License Agreement, Enterprise Open End User License Agreement
Term of License. This License Agreement and Licensee’s 's license for the Licensed Software is perpetual, unless a subscription/term license has been purchased by Licensee (in which case the term of the license shall be as set forth in the Product Order, specified in Annex 1 or Annex 2, or as otherwise agreed in writing between the Licensee and Licensor), and is subject to earlier termination as provided in this Section 5. If Licensee has purchased a subscription/term license, Licensee’s 's license to the Licensed Software shall automatically terminate upon expiry of such subscription/term. Licensor may terminate this License Agreement and Licensee’s 's license to the Licensed Software immediately by giving Licensee written notice of termination in the event that either (i) Licensee breaches any term or condition of this License Agreement and Licensee has failed to remedy such breach within ten (10) days of the date of notice from Licensor to Licensee or (ii) Licensee is wound up, has a receiver appointed or has applied for or enters into liquidation or bankruptcy or analogous process or processes. Termination shall be without prejudice to any other rights or remedies Licensor may have. In the event of any termination Licensee will have no right to keep, access, or use the Licensed Software or any copy of the Licensed Software for any purpose and Licensee shall destroy and erase all copies of such Licensed Software in its possession or control, and forward written certification to Licensor that all such copies of Licensed Software have been destroyed or erased. Termination shall not entitle the Licensee to any refund or reimbursement of any kind of previously paid fees. The rights and obligations of the parties contained in Sections 3, 8, 9, 10, 11, 12, and 13, and other sections that by their nature are intended to survive, will survive the termination or expiration of this License Agreement.
Appears in 2 contracts
Samples: License Agreement, End User License Agreement