Third Party Software and Hardware. Cyberbit may deliver in conjunction with the Product, or the Product may contain third party software programs which are (1) available under open source or; (2) free software licenses or; (3) commercial proprietary software (“Third Party Software”) and are referenced in the Documentation or in Cyberbit’s website. Your use of such Third-Party Software is governed by its respective agreement available at Third Party Software website and subject to its terms or by other third party terms which may be provided by Cyberbit. This Agreement does not modify any rights or obligations You may have under those Third Party Software licenses, however, to the extent permitted under the Third Party Software licenses, the terms of the License shall also apply to such Third Party Software. Notwithstanding anything to the contrary contained in such licenses, the limited warranty and the limitation of liability provisions in this Agreement shall apply to such Third-
Third Party Software and Hardware. 10.1 The Producer shall in the Statement of Work specify the Third Party Software and Hardware required to ensure that the Production can function in accordance with the Statement of Work, and that are compatible with the Production.
10.2 The Customer is solely responsible for the purchase, installation, and all other measures regarding all such Third Party Software and Hardware specified by the Producer as set forth in Section 10.1.
10.3 If Third Party Software Hardware is included in the delivery, the Producer shall not be liable for Late Delivery, Defects, or infringement on any intellectual property rights related to Third
Third Party Software and Hardware. Cyberbit may deliver in conjunction with the Product, or the Product may contain third party software programs which are (1) available under open source or; (2) free software licenses or; (3) commercial proprietary software (“Third Party Software”) and are referenced in the Documentation or in Cyberbit’s website. Your use of such Third-Party Software is governed by its respective agreement available at Third Party Software website and subject to its terms or by other third party terms which may be provided by Cyberbit. This Agreement does not modify any rights or obligations You may have under those Third Party Software licenses, however, to the extent permitted under the Third Party Software licenses, the terms of the License shall also apply to such Third Party Software. Notwithstanding anything to the contrary contained in such licenses, the limited warranty and the limitation of liability provisions in this Agreement shall apply to such Third-Party Software. The Product may incorporate IBM’s QRadar SIEM (“QRadar”), the use of which is subject to the terms and conditions of the specific license under which it is distributed, available for your review at xxxxx://xxx- 00.xxx.xxx/xxxxxxxx/xxx/xxxxx.xxx/xxx/xxxx/$xxxx/xxxx_xx.xxx (“IPLA”). You will defend, indemnify and hold Cyberbit harmless from and against any and all liability or claim arising from or in connection to your violation of any Third Party’s rights and/or your misuse of Third-Party’s Software and/or your breach of Third Party’s license agreement.
Third Party Software and Hardware. MBC is responsible for complying with PSC's reasonable requests to use Third Party Software (including the AMISYS application software) and Hardware in accordance with any reasonable restrictions provided by the vendors of such Software and Hardware to the extent required for PSC to perform its obligations under this Agreement.
Third Party Software and Hardware. Unless otherwise provided for herein, warranty, modification retrofit and maintenance offerings by SunGard Public Sector for its Licensed Program(s) do not apply to any third party hardware or third party software supplied under this Supplement. SunGard Public Sector does not make any warranties nor provide any source code for any non-SunGard Public Sector products unless otherwise provided herein. The return and refund policy of each individual third party hardware or third party software supplier shall prevail unless otherwise provided herein.
Third Party Software and Hardware. Except as otherwise provided by TeleTracking with the TeleTracking Software, Client shall supply all third party software and hardware which is necessary for use of the TeleTracking Software in accordance with the technical specifications set forth in the applicable Documentation. Client is responsible for support of such third party software and hardware, including third party updates and upgrades, to the extent required to permit TeleTracking to provide applicable updates, upgrades or other Improvements to the TeleTracking Software. Any third party hardware to be supplied by TeleTracking shall be identified as being supplied by TeleTracking in the applicable License Agreement, statement of work, or Documentation. Additional rights and obligations in or to any third party software or hardware, and support thereof, to be provided by TeleTracking, may apply under separate terms and conditions with Client.
Third Party Software and Hardware. Practice-Web is not responsible for loss of use of the Product or any other problems due to the unavailability of, lack of performance by, or any other problems with the Client’s local server, Internet connection, computer hardware or network issues, digital x- ray or imaging, or any other third-party software or hardware.
Third Party Software and Hardware. Licensee shall have sole responsibility to obtain and pay for any third-party software or hardware necessary or desirable to access the Content or operate the Licensed Web Application.
Third Party Software and Hardware. RAVENii provides Third Party Software (including software licensed without fee or charge, also referred to as freeware or open source), and Hardware "AS IS" without warranties or indemnities of any kind, although the original manufacturers or third party suppliers of such items may provide their own warranties or indemnities. To the extent permissible, RAVENii will pass through to Customer any available warranties and indemnities that are not provided directly to Customer.
Third Party Software and Hardware. Any and all licenses, product warranties or service contracts provided by third parties in connection with any software, hardware or other software or services provided in the Customer system shall be delivered to Customer for the sole benefit of Customer and, except as expressly provided to the contrary herein, Customer shall retain no further rights therein or thereto after the Coverage Term, except as provided by the vendor of any such hardware or software to the Customer, independent of any responsibilities or actions required by OhmComm, Inc..
3.4.1. Customer understands and acknowledges that the hardware and software provided by OhmComm, Inc. may include third-party software including without limitation, open source software, and other materials not owned by OhmComm, Inc. (collectively, the "Third- Party Software"). Customer’s use of the Third-Party Software, in connection with the use of the system provided by OhmComm, Inc., is subject to the terms and conditions contained in the license agreements issued by the providers of the ThirdParty Software ("Third-Party Licenses"), the terms and conditions of which are binding upon Customer.
3.4.2. OhmComm, Inc. does not make any representations or provide any warranties, expressed or implied, including without limitation ANY IMPLIED WARRANTY OF MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE regarding any Third-Party Software. OhmComm, Inc. WILL NOT BE LEGALLY RESPONSIBLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, OR CONSEQUENTIAL, ARISING FROM THE USE OR INABILITY TO USE ANY THIRD PARTY SOFTWARE.
