The Licensed Software. Contractor will provide all on-site services necessary to install the Licensed Software. Contractor will provide the following training for the use and operation of the Licensed Software:
The Licensed Software. 2.2.1 UNITED shall install the Licensed Software on the Hardware.
2.2.2 UNITED may from time to time, at its discretion, add additional sporting events which can be added to the Licensed Software. If additional events become available, the Licensee may request to have the additional events added to the Licensed Software at the actual cost to UNITED.
2.2.3 UNITED may from time to time, at its discretion, translate part or all of the Games into other languages, which can be added to the Licensed Software. If additional languages become available, the Licensee may request to have the additional languages added to the Licensed Software at fees to be negotiated between United and the Licensee.
2.2.4 Notwithstanding anything stated in this section 2.2, any changes requested by the Licensee to be made to the graphics portion of the Licensed Software, shall be charged to the Licensee at market rates, which in this instance shall be UNITED's actual cost.
2.2.5 UNITED shall only be required to provide the Licensed Software in the English language.
2.2.6 UNITED will provide all upgrades of the Licensed Software that do not require changes to the graphical interface, at no charge to the Licensee.
2.2.7 All upgrades are to be made available to the Licensee within 30 days of the completion of testing.
2.2.8 The Licensee may operate the Sports-book on only one URL.
The Licensed Software. 2.2.1. Webcast shall install the Licensed Software on the Hardware.
2.2.2. Webcast shall allow all of the Licensee's customers and all persons who seek to be Licensee's customers Internet access to the Licensed Software.
2.2.3. Webcast may from time to time, at its discretion, create additional E-Community Utilities which can be added to the Licensed Software. If additional E-Community Utilities become available the Licensee may request to have the additional Utilities added to the Licensed Software at an additional license and setup cost.
2.2.4. Notwithstanding anything stated in this section 2.2, any changes requested by the Licensee to be made to the graphics portion of the Licensed Software shall be charged to the Licensee at market rates or supplied by the Licensee, whichever the Licensee prefers.
2.2.5. Webcast shall only be required to provide the Licensed Software in the English language only.
2.2.6. Webcast will provide all upgrades of the Licensed Software that do not require changes to the graphical interface, at no charge to the Licensee.
2.2.7. All upgrades are to be made available to the Licensee within 30 days of the completion of testing.
The Licensed Software. The Licensed Software. [SECTION INSTRUCTIONS: if the Judicial Council will be licensing Licensed Software from Contractor (usually, commercially available software), add description of the Licensed Software, and include specifications/requirements. As necessary, identify Documentation for the Licensed Software. If the Judicial Council will NOT be licensing Licensed Software, omit this Appendix E from the Agreement and make conforming edits to the other appendixes.] Contractor will provide all on-site services necessary to install the Licensed Software. Contractor will provide the following training for the use and operation of the Licensed Software:
The Licensed Software the Software and all components thereof will operate on the Hardware and all components of the System, will be fully compatible with each other, and shall operate together as a fully integrated turnkey System. Further, Company's data and information as it currently exists on Company's data processing information system is capable of being converted to operate with the Software.
The Licensed Software the Software and the System, and all portions or components thereof, shall be free of material defects, malfunctions or Nonconformities and operate in all respects in conformance with the Specifications to acceptance and for a period of three years from the date of acceptance.
The Licensed Software. [SECTION INSTRUCTIONS: if the JBE will be licensing Licensed Software from Contractor (usually, commercially available software), add description of the Licensed Software, and include specifications/requirements. As necessary, identify Documentation for the Licensed Software. If the JBE will NOT be licensing Licensed Software, omit this Appendix E from the Agreement and make conforming edits to the other appendixes.] Contractor will provide all on-site services necessary to install the Licensed Software. Contractor will provide the following training for the use and operation of the Licensed Software: [SECTION INSTRUCTIONS: describe training, as applicable.]
The Licensed Software. SmartServ hereby grants to DTN and its subsidiaries an exclusive, perpetual, worldwide license (the "License") to use the object code of the Internet Software as part of DTN's and its subsidiaries' business operations and to allow the subscribers of DTN and its subsidiaries to use the Internet Software to access the Internet Services. SmartServ agrees not to license, sell, convey or otherwise transfer to anyone other than DTN any rights in the Internet Software except SmartServ may license the "Order Entry FIX Protocol" software to the **** as provided in this paragraph. In addition, SmartServ shall not use or allow anyone other than DTN to use the Internet Software to compete with the Internet Services. If during any calendar year ending after year 2000 (the "Base Year"), the aggregate SmartServ Trading Revenue for such calendar year does not equal or exceed the aggregate SmartServ Trading Revenue for the Base Year plus **** thereof for each calendar year following the Base Year, to and including such calendar year, then the exclusivity with respect to the License shall cease and the License shall become nonexclusive unless DTN pays to SmartServ the ****REPRESENTS MATERIAL REDACTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT PURSUANT TO RULE 24B-2 UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. difference within thirty (30) days after the end of such calendar year. If during any calendar quarter ending after the first twelve months of the License Term, DTN does not obtain at least **** subscribers to the Internet Services (exclusive of renewing subscribers, but not net of terminating subscribers) at an average of at least **** per subscriber per month, which dollar amount shall be reduced **** each year thereafter but not below an average of **** per subscriber per month, then the exclusivity with respect to the License shall cease and the License shall become nonexclusive; provided, however, in the event of a sale to any entity listed in Schedule C to this Agreement or to an affiliate of such entity of (i) all or substantially all of the assets of DTN or (ii) sufficient stock of DTN to effect a change in control of DTN, by whatever manner including, without limitation, any merger, consolidation, sale of assets, sale of capital stock or similar transaction, the **** subscribers requirement shall temporarily be raised to **** subscribers for the eighteen (18) month period immediately following the occurrence of such event. SmartServ is negotiat...
The Licensed Software. The Licensed Software. Contractor will provide all on-site services necessary to install the Licensed Software. Contractor will provide the all necessary training for the use and operation of the Licensed Software.
The Licensed Software the Software, the System, or any portion thereof, does not contain any timer, clock, counter or other limiting design or routine which causes the Licensed Software, the Software, the System (or any portion thereof), to become erased, inoperable, impaired, or otherwise incapable of being used in the full manner for which it was designed and licensed (including without limitation any design or routine that would impede copying thereof) after being used or copied a certain number of times, or after the lapse of a certain period of time, or after the occurrence or lapse of any other triggering factor or event. Furthermore, none of the Software, the System, or any portion thereof, contains any limiting design or routine which causes any of the same to be erased, become inoperable, impaired, or otherwise incapable of being used in the full manner for which it was designed and licensed pursuant to this Agreement solely because any of the same has been installed on or moved to a central processing unit or system which has a serial number, model number, or other identification different from that on which the Software was originally installed.
