Unacceptability of General License Terms Sample Clauses

Unacceptability of General License Terms. The following terms in the table below, when they appear in the Licensor’s ASA in Exhibit A, have been determined unacceptable to the Government as a result of a conflict with Federal law or as a result of incompatibility with the Government's needs. Any such terms in the Licensor’s ASA in Exhibit A will have no force or effect in any resulting contract. Attorney fees and costs; equitable relief; arbitration The Government does not agree to any clauses relating to the award of attorney's fees and costs or equitable relief because they may violate the Anti- Deficiency Act, 31 U.S.C. § 1341 (a)(1)(B). Equitable relief and the award of attorney's fees, costs, or interest are only allowed to the extent permitted by statute (e.g., the Prompt Payment Act or Equal Access to Justice Act). Disputes will be resolved according to the disputes clause. Binding arbitration will not be used. Taxes The Government does not agree to any clauses purporting to make the Government responsible for all taxes. Any taxes the Licensor believes to be payable by the Government must be submitted individually to the Contracting Officer for adjudication or included in the firm-fixed price. Arbitration The Government does not agree to any provisions relating to mandatory arbitration. Disputes must be resolved in accordance with applicable federal statutes (e.g., Contract Disputes Act) and regulations. Equitable remedies, injunctions The Government does not agree to any clauses consenting to or entitling the Licensor to equitable relief or injunctions. Equitable relief for copyright, trademark, or patent infringement by the Government is only available to the extent permitted by federal statutes. Unilateral termination by Contractor for breach The Government does not agree to any clauses permitting immediate unilateral termination of the contract or license agreement by the Licensor. Any terms in Licensor commercial license that call for immediate termination, or termination in the event a Government corrective action for any alleged claim of non- compliance is not taken within a time frame that is less than 60 days, shall be revoked in favor of a 60 day time period for the Government to take corrective action for any alleged claim of non-compliance. DoD ESI Master License Agreement Recourse against the United States for any alleged breach of this agreement must be made under the terms of the contract disputes clause (Contract Disputes Act). While a dispute is pending, the Licensor shall ...
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Unacceptability of General License Terms. The following terms below have been determined unacceptable to the Government as a result of a conflict with Federal law or as a result of incompatibility with the Government's needs. Any such terms in this Agreement or SLA will have no force or effect in any resulting contract.

Related to Unacceptability of General License Terms

  • General License Terms The Product is licensed, not sold, to you by us under the terms of this XXXX and the Order. The scope of license granted by us to you for the Product is set out in section 3 (Product Family Specific Terms) and section 4 (Product Specific Terms).

  • Mechanical License If any selection or musical composition, or any portion thereof, recorded in the New Song hereunder is written or composed by Producer, in whole or in part, alone or in collaboration with others, or is owned or controlled, in whole or in part, directly or indirectly, by Producer or any person, firm, or corporation in which Producer has a direct or indirect interest, then such selection and/or musical composition shall be hereinafter referred to as a “Controlled Composition”. Producer hereby agrees to issue or cause to be issued, as applicable, to Licensee, mechanical licenses in respect of each Controlled Composition, which are embodied on the New Song. For that license, on the United States and Canada sales, Licensee will pay mechanical royalties at one hundred percent (100%) of the minimum statutory rate, subject to no cap of that rate for albums and/or EPs. For license outside the United States and Canada, the mechanical royalty rate will be the rate prevailing on an industry-wide basis in the country concerned on the date that this agreement has been entered into.

  • Commercial License For information regarding a commercial license please contact the Faculty of Fisheries and Protection of Waters, University of South Bohemia Ceske Budejovice, Xxxxx 000, 000 00 Xxxx Xxxxx, Xxxxx Xxxxxxxx, tel:

  • Perpetual License Notwithstanding anything else in the Agreement, Licensor grants to Licensee and Participating Institutions a nonexclusive, royalty-free, system-wide perpetual license limited to the territory of Czech Republic to use any Licensed Materials that were subscribed to or for which a perpetual license fee has been paid during the term of this Agreement. Such use shall be in accordance with the provisions of this Agreement, which provisions shall survive any termination of this Agreement. The means by which Licensee and/or Participating Institutions shall have access to such Licensed Materials shall be in a manner and form substantially equivalent to the means by which access is provided under this Agreement. If the Licensor’s means of access is not available, the Licensee and/or Participating Institutions may provide substantially equivalent access to the Licensed Materials by use of an archival copy or by engaging the services of third-party trusted archives (such as Portico) and/or participating in collaborative archiving endeavors to exercise its perpetual use rights.

  • Occupational License The Contractor shall obtain and maintain an occupational license with the City of Joplin, Missouri, if required by city code and any required state or federal license. The cost for this occupational license shall be borne by the Contractor. No contract will be executed by the City until this occupational license has been obtained and that the Contractor is current on any City taxes is verified.

  • Trial License We grant you a free-of-charge, non-assignable, non-sublicensable, non-exclusive, worldwide right and license for one (1) Authorized User to install and use one (1) copy of the Software solely for internal Non-Production purposes to evaluate the Software to determine whether to purchase a license to the Software. You may not download more than one (1) copy of the Software unless otherwise authorized by us. You may not use the Software for any other purpose. You may only use the Software for thirty (30) days from the Effective Date, unless otherwise authorized by us ("Trial Period"). Unless you pay the applicable fee for the Software, the Software may become inoperable and, in any event, your right to use Software automatically expires at the end of the Trial Period. We may terminate your license to the trial version of the Software upon written notice at any time for any reason and without liability of any kind. If you subsequently license a non-trial version of the Software, your license to the trial version of the Software shall immediately terminate.

  • Additional Licensing Requirements and or Use Rights a. Multiplexing. Multiplexing (sometimes referred to as “pooling”) is a manner of indirect hardware or software access (“indirect access”) that • pools connections, • reroutes information, • reduces the number of users that directly access or use the software, or • reduces the number of users the software directly manages. Any user accessing the ERP Solution through a multiplexed connection must be appropriately licensed with an Access License.

  • Annual License Fee Upon the mutual execution of this Agreement, GROWER shall pay PVMI a single Annual License Fee as above.

  • GRANT OF RENEWAL LICENSE Pursuant to the authority of Chapter 166A of the General Laws of the Commonwealth of Massachusetts, and subject to the terms and conditions set forth herein, the Board of Selectmen of the Town of Concord, Massachusetts, as the Issuing Authority of the Town, hereby grants a non-exclusive Cable Television Renewal License to the Licensee authorizing the Licensee to construct, install, operate and maintain a Cable Television System within the corporate limits of the Town of Concord. This Renewal License is subject to the terms and conditions contained in Chapter 166A of the laws of Massachusetts, as amended; the Cable Act, the regulations of the FCC; and all lawful Town, State and Federal statutes and by-laws of general application. Subject to the terms and conditions herein, the Issuing Authority hereby grants to the Licensee the right to construct, install, operate and maintain a Cable Television System in, under, over, along, across or upon the Streets, lanes, avenue, alleys, sidewalks, bridges, highways and other public places under the jurisdiction of the Town of Concord within the municipal boundaries and subsequent additions thereto, including property over, under or on which the Town has an easement or right-of- way, for the purpose of reception, transmission, collection, amplification, origination, distribution, and/or redistribution of Signals in accordance with the laws of the United States of America, the Commonwealth of Massachusetts and the Town of Concord. In exercising rights pursuant to this Renewal License, the Licensee shall not endanger or unreasonably interfere with the lives of Persons, with any installations of the Town, any public utility serving the Town or any other Persons permitted to use Public Ways and places. Grant of this Renewal License does not establish priority for use over other present or future permit holders or the Town’s own use of Public Ways and places. Disputes between the Licensee and other parties regarding use of Public Ways and places shall be resolved in accordance with applicable, lawful regulations of the Department of Public Works (“DPW”) and any applicable, lawful Town by-laws.

  • Additional Licenses Customer shall not, and shall not authorize or permit any other person to (i) charge a cover charge or admission fee to the Service Location(s) at the time Video and/or Public View Video (or any part thereof) is being or is to be performed therein; (ii) permit dancing, skating or other similar forms of entertainment or physical activity in conjunction with the performance of Video and/or Public View Video (or any part thereof) unless Customer has obtained all necessary licenses and authorizations from the applicable copyright owners (Customer acknowledges and agrees that it shall be solely responsible for the payment of any charges or fees in connection therewith); or (iii) insert any commercial announcements into Video and/or Public View Video, or interrupt any performance of Video and/or Public View Video for the making of any commercial announcements, except that public address commercial announcements may be made concerning goods or services sold or offered to the public at the Service Location provided that no compensation (whether in money or in any other form) is paid by any person or entity, directly or indirectly, for such announcements unless pursuant to a separate written agreement which permits store-casting or ad- casting. Customer acknowledges and understands Customer may be responsible for additional music licensing or copyright fees for music contained in any or all of the Services, including, but not limited to Video and/or Public View Video.

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