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.
Third Party Software and Hardware. Cyberbit may deliver in conjunction with the Product, or the Product may contain third party software programs which are (i) available under open source; or (ii) free software licenses or; (iii) commercial proprietary software (“Third Party Software”). 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 /pdf/ipla/$file/ipla_en.pdf (“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. 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. 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. 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. Contractor shall notify and obtain the written approval of the Authority prior to making any purchase of third-party hardware or Software. Approval of such purchases by the Authority shall not limit or absolve Contractor’s duties, obligations or warranties under this Agreement for any specific Hardware or Software, or any part of the System or Project. Based on Contractor's representations in this Agreement and the Proposal, the initial list of Third Party Software and Hardware listed in Exhibit “A” shall be deemed approved for inclusion in the System by the Authority.
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. Certain third-party software, such as Microsoft SQL, is required for the Software to function; other third-party software, such as Business Objects, is required only if certain applications are requested by Customer. The Software also requires use of certain hardware. Partner is required to either resell or ensure that a reseller is made available to its Customers for all required third-party software and hardware (including RF equipment and servers). In the event that Partner sublicenses third-party software from KSC, the terms of all third-party software license agreements apply to such sublicense and upgrades and updates for the third-party software are available only upon payment of the then-current license fees. There may be third-party software embedded in the Software. Partner may use such third-party software as part of the Software only as permitted herein, and is otherwise prohibited from using, copying, distributing, modifying, displaying, exporting, or disclosing any such third-party software. Partner may not separate any third- party software from any of the Software.
Third Party Software and Hardware. If Tenant has leased or licensed any Hardware or Software of any Third Party for use at the Arena in connection with any Centralized Services, the City will have the right, at its option, to request that either (i) Tenant transfer such lease or license to the City, or (ii) the City buy out the lease or license at the City’s expense. Any such transfer or buy-out of the lease or license will be subject to the consent or approval of the Third Party lessor or licensor. If the lease or license is not transferable or cannot be bought out, Tenant will, at its sole cost and expense but subject to Section 12.4(a), remove all such Hardware or Software from the Arena within 30 days after the effective date of expiration, cancellation, or termination of this Ground Lease.