Third Party Components. The Products and Services may contain third party components (including open source software) subject to separate license agreements. To the limited extent a third party license expressly supersedes this XXXX, such third party license governs Customer’s use of that third party component.
Third Party Components. The software may include third party components with separate legal notices or governed by other agreements, as may be described in the ThirdPartyNotices file(s) accompanying the software.
Third Party Components. Customer acknowledges that the Software contains components made available to Spirent by third-party suppliers, and Customer agrees that each such supplier is a third-party beneficiary of this Agreement with the right to enforce Customer’s obligations hereunder with respect to the individual components such supplier has supplied.
Third Party Components. Third Party Component" means additional separate open source, freeware, or other software components that might be distributed along with the Software or as part of it, each licensed to You under its own applicable license terms and conditions. By agreeing to the terms of this XXXX, you also agree to the terms of such licenses. Notwithstanding the license grant set forth in Section 1, You acknowledge that certain components of the Software may be Third Party Components. Licensor shall provide a list of Third Party Licenses for a particular version of the Software in the Software user documentation. To the extent required by the licenses covering Third Party Components, the terms of such licenses will apply in lieu of the terms of this Agreement. To the extent the terms of the licenses applicable to Third Party Components prohibit any of the restrictions in this Agreement with respect to such Third Party Component, such restrictions will not apply to such Third Party Component. To the extent the terms of the licenses applicable to Third Party Components require Licensor to make an offer to provide source code of Third Party Component in connection with the Software, this XXXX constitutes such an offer. YOU ACKNOWLEDGE THAT LICENSOR IS NOT THE AUTHOR, OWNER OR LICENSOR OF ANY THIRD PARTY COMPONENT, AND THAT LICENSOR MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE QUALITY, CAPABILITIES, OPER-ATIONS, PERFORMANCE OR SUIT ABILITY OF ANY THIRD PARTY COMPONENT.
Third Party Components. The Services may use or include third party software, files and components that are subject to open source and third party license terms ("Third Party Components"). Your right to use such Third Party Components as part of, or in connection with the Services is subject to any applicable acknowledgements and license terms accompanying such Third Party Components contained therein or related thereto, available upon request, which may be updated from time to time. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail in connection with the related Third Party Components. You hereby agree to such terms associated with the Third Party Components. The Third Party Components are provided on an "AS IS" basis without any warranty of any kind and shall be subject to any and all limitations and conditions required by such third parties. Under no circumstances shall the Services or any portion thereof (except for the Third Party Components contained therein) be deemed "open source" or " publicly available" software.
Third Party Components. The Service may use or include third party open source software, files, libraries or components that may be distributed to Customer and are subject to third party open source license terms. A list of such components can be provided upon request and may be updated from time to time by the Company. If there is a conflict between any open source license and the terms of this Agreement, then the open source license terms shall prevail but solely in connection with the related third party open source software. Company makes no warranty or indemnity hereunder with respect to any third party open source software.
Third Party Components. You acknowledge certain software programs or portions thereof included in the SDK may contain software distributed under third party agreements (“Third Party Components”), which may contain terms that expand or limit rights to use certain portions of the SDK (“Third Party Terms”). Information identifying the copyright holders of the Third Party Components and the Third Party Terms that apply is available in the attached Schedule 1 (if any), SDK, Documentation, or on Avaya’s web site at: xxxx://xxxxxxx.xxxxx.xxx/Copyright (or such successor site as designated by Avaya). The open source software license terms provided as Third Party Terms are consistent with the license rights granted in this Agreement, and may contain additional rights benefiting You, such as modification and distribution of the open source software. The Third Party Terms shall take precedence over this Agreement, solely with respect to the applicable Third Party Components, to the extent that this Agreement imposes greater restrictions on You than the applicable Third Party Terms. Licensee is solely responsible for procuring any necessary licenses for Third Party Components, including payment of licensing royalties or other amounts to third parties, for the use thereof.
Third Party Components. Lenovo Website and Services may operate in conjunction with or using certain third-party tools, formats, software, or products (“Third-Party Components”), and Lenovo expressly disclaims any liability relating to such functionality. Any Third-Party Components incorporated into or accompanying Lenovo Website and Services are third parties’ intellectual property and are protected by applicable local laws, international copyright laws, and applicable treaties. Lenovo has obtained such rights, permissions, and consents as are necessary for Lenovo to use the Third-Party Components in conjunction with the Lenovo Website and Services as licensed by this Agreement. However, all such Third-Party Components incorporated into or accompanying Lenovo Website and Services are or may be subject to a separate software licensing agreement containing separate and discrete terms, conditions, and restrictions governing Customer’s right to use the Third-Party Components. Customer hereby acknowledges that under this Agreement Lenovo provides Customer only with a right of limited use under the terms and conditions of this Agreement. And Customer hereby agrees and confirms to use the Third-Party Components only in conjunction with Lenovo Website and Services, as permitted by this Agreement, and as permitted by the more restrictive of any Third-Party Components license agreement applicable to Customer’s and/or Lenovo’s use of the Third-Party Components. Customer acknowledges the foregoing and agrees to obtain, at Xxxxxxxx’s own expense, all necessary licenses, waivers, or consents for use and operation of such Third-Party Components from their respective owners and/or license holders.
Third Party Components. The Software and future Enhancements may contain certain third party components (“Third Party Components”) which are provided to you under terms and conditions which are different from this Agreement, or which require Licensor to provide you with certain notices or information. Your use of each Third Party Component which contains or is accompanied by its own license agreement will be subject to the terms and conditions of such other license agreement, and not this Agreement. Notwithstanding the foregoing, the following terms and conditions apply to all “Third Party Components”: (i) all Third Party Components are provided on an “AS IS” basis; (ii) Licensor will not be liable to you or indemnify you for any claims related to the Third Party Components; and (iii) Licensor will not be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages with respect to the Third Party Components. Your sole and exclusive remedy with regard to any defect, claim, or other dispute relating to the Third Party Components is to cease use of such components. • Intellectual Property Ownership. The Software contains material that is protected by United States copyright and trade secret law, and by international treaty provisions. All rights not expressly granted to Licensee under this Agreement are expressly reserved by Licensor and its licensors. Licensee shall not modify, remove or destroy any proprietary markings or confidential legends placed upon or contained within the Software, the Documentation, or any related materials. All copyrights, patents, trade secrets, trademarks, service marks, trade names, moral rights and other intellectual property and proprietary rights in the Software shall remain the sole and exclusive property of Licensor or its licensors, as applicable. • Beta Software. Licensor may designate certain Enhancements or new releases of the Software as “Beta Software.” Such Beta Software will not be ready for use in a production environment. At this early stage of development, operation of the Beta Software may be unpredictable and lead to erroneous results. You acknowledge and agree that: (i) the Beta Software is experimental and has not been fully tested; (ii) the Beta Software may not meet your requirements; (iii) the use or operation of the Beta Software may not be uninterrupted or error free;
Third Party Components. 1. The Software may use or include certain software, files, components and materials that are subject to open source and/or third party license terms (“Third Party Components”). These Third Party Components are licensed to you under the terms of their applicable open source license conditions and/or copyright notices that can be found in the license file, the Software or its documentation. If there is a conflict between the licensing terms of such Third Party Components and this XXXX, the licensing terms of the Third Party Components shall prevail in connection with the related Third Party Components. Such Third Party Components are provided on an “AS IS” basis without any warranty of any kind and shall be subject to any and all limitations and conditions required by its third party licensors. A list of Third Party Components is available in the license file, the Software or its documentation (the “About Box“) and will be updated from time to time.
2. The licenses of certain Third Party Components may require the provision of the source code of these Third Party Components. With respect to any licenses of Third Party Components that require the provision of the open source code of these Components, JFrog will provide to you and any third party, during a period set forth by each such license, for a charge of no more than JFrog’s cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, on a medium customarily used for software interchange. For that purpose, you should contact JFrog at: xxxxxxxx@xxxxx.xxx. Under no circumstances shall the Software or any portion thereof (except for the Third Party Components) be deemed to be “open source” or “publicly available” software.
