Common use of Upgrade Software Clause in Contracts

Upgrade Software. This section applies to You if You have purchased the Software based upon upgrade pricing or otherwise received an upgrade or update to the Software. “Original Product” means the product from which You are upgrading. You are authorized to use the Software only if You are the authorized user of the Original Product and You may use the Software to replace Your licensed unit count of the Original Product on a one-for-one basis, not exceeding the authorized licensed unit count for the Original Software. This Agreement shall replace and govern any license agreement for the surviving units of Original Product. This Agreement is specific to the Software (by product and version) that it accompanies, and You may not re-allocate Your Software licensed unit count to another product or version except under express written permission from Licensor. Maintenance and Support. Licensor has no obligation to provide support unless You purchase an offering that expressly includes support services. If You make such a purchase and no separate agreement specifically applies to the support services, then the terms of this Agreement will govern the provision of such support services (“Services”). For more information on Licensor's current support offerings, see xxxxx://xxx.xxxxx.xxx/support. iOS Apps. If the Software is a mobile application for the iOS platform, Apple requires that NetIQ include certain terms in this Agreement. You hereby agree to and acknowledge the following terms (for purposes of this addendum, the term “Licensed Application” refers to the Software). You acknowledge that this Agreement is concluded between You and NetIQ only, and not with Apple. NetIQ is solely responsible for the Licensed Application and the content thereof. To the extent that this Agreement provides for usage rules for the Licensed Application that are less restrictive than the Usage Rules set forth for Licensed Applications in, or otherwise are in conflict with, the App Store Terms of Service, then those more restrictive terms in the App Store Terms of Service also apply. Your license to use the Licensed Application is limited to a non-transferable license to use the Licensed Application on an iOS Product that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application. You acknowledge that Apple is not responsible for addressing any claims relating to the Licensed Application or Your possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Intellectual Property Rights: You acknowledge that, in the event of any third party claim that the Licensed Application or Your and use of that Licensed Application infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and You are not listed on any U.S. Government list of prohibited or restricted parties. You must comply with applicable third party terms of agreements when using Your Application, e.g., if use VoIP, then You must not be in violation of Your wireless data service agreement when using the Licensed Application. Apple, and Apple’s subsidiaries, are third party beneficiaries of the Agreement. Upon Your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against You as a third party beneficiary thereof.

Upgrade Software. This section applies to You if You have purchased the Software based upon upgrade pricing or otherwise received an upgrade or update to the Software. “Original Product” means the product from which You are upgrading. You are authorized to use the Software only if You are the authorized user of the Original Product and You may use the Software to replace Your licensed unit count of the Original Product on a one-for-one basis, not exceeding the authorized licensed unit count for the Original Software. This Agreement shall replace and govern any license agreement for the surviving units of Original Product. This Agreement is specific to the Software (by product and version) that it accompanies, and You may not re-allocate Your Software licensed unit count to another product or version except under express written permission from Licensor. Maintenance and Support. Licensor has no obligation to provide support unless You purchase an offering that expressly includes support services. If You make such a purchase and no separate agreement specifically applies to the support services, then the terms of this Agreement will govern the provision of such support services (“Services”). For more information on Licensor's current support offerings, see xxxxx://xxx.xxxxx.xxx/supportxxxx://xxx.xxxxx.xxx/support. iOS AppsApp. If the Software is a mobile application for the iOS platform, Apple requires that NetIQ include certain terms in this Agreement. You hereby agree to and acknowledge the following terms (for purposes of this addendum, the term “Licensed Application” refers to the Software). You acknowledge that this Agreement is concluded between You and NetIQ only, and not with Apple. NetIQ is solely responsible for the Licensed Application and the content thereof. To the extent that this Agreement provides for usage rules for the Licensed Application that are less restrictive than the Usage Rules set forth for Licensed Applications in, or otherwise are in conflict with, the App Store Terms of Service, then those more restrictive terms in the App Store Terms of Service also apply. Your license to use the Licensed Application is limited to a non-transferable license to use the Licensed Application on an iOS Product that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application. You acknowledge that Apple is not responsible for addressing any claims relating to the Licensed Application or Your possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Intellectual Property Rights: You acknowledge that, in the event of any third party claim that the Licensed Application or Your and use of that Licensed Application infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and You are not listed on any U.S. Government list of prohibited or restricted parties. You must comply with applicable third party terms of agreements when using Your Application, e.g., if use VoIP, then You must not be in violation of Your wireless data service agreement when using the Licensed Application. Apple, and Apple’s subsidiaries, are third party beneficiaries of the Agreement. Upon Your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against You as a third party beneficiary thereof.

Upgrade Software. This section applies to You if You have purchased the Software based upon upgrade pricing or otherwise received an upgrade or update to the Software. “Original Product” means the product from which You are upgrading. You are authorized to use the Software only if You are the authorized user of the Original Product and You may use the Software to replace Your licensed unit count of the Original Product on a one-for-one basis, not exceeding the authorized licensed unit count for the Original Software. This Agreement shall replace and govern any license agreement for the surviving units of Original Product. This Agreement is specific to the Software (by product and version) that it accompanies, and You may not re-allocate Your Software licensed unit count to another product or version except under express written permission from Licensor. Maintenance and Support. Licensor has no obligation to provide support unless You purchase an offering that expressly includes support services. If You make such a purchase and no separate agreement specifically applies to the support services, then the terms of this Agreement will govern the provision of such support services (“Services”). For more information on Licensor's current support offerings, see xxxxx://xxx.xxxxx.xxx/supportxxxxx://xxx.XxxXX.xxx/support. iOS AppsApp. If the Software is a mobile application for the iOS platform, Apple requires that NetIQ include certain terms in this Agreement. You hereby agree to and acknowledge the following terms (for purposes of this addendum, the term “Licensed Application” refers to the Software). You acknowledge that this Agreement is concluded between You and NetIQ only, and not with Apple. NetIQ is solely responsible for the Licensed Application and the content thereof. To the extent that this Agreement provides for usage rules for the Licensed Application that are less restrictive than the Usage Rules set forth for Licensed Applications in, or otherwise are in conflict with, the App Store Terms of Service, then those more restrictive terms in the App Store Terms of Service also apply. Your license to use the Licensed Application is limited to a non-transferable license to use the Licensed Application on an iOS Product that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application. You acknowledge that Apple is not responsible for addressing any claims relating to the Licensed Application or Your possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Intellectual Property Rights: You acknowledge that, in the event of any third party claim that the Licensed Application or Your and use of that Licensed Application infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and You are not listed on any U.S. Government list of prohibited or restricted parties. You must comply with applicable third party terms of agreements when using Your Application, e.g., if use VoIP, then You must not be in violation of Your wireless data service agreement when using the Licensed Application. Apple, and Apple’s subsidiaries, are third party beneficiaries of the Agreement. Upon Your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against You as a third party beneficiary thereof.