Common use of Use of Software and Subscription Services Clause in Contracts

Use of Software and Subscription Services. While you have subscriptions entitling you to receive Subscription Services for a Red Hat Product, you are required to purchase Subscription Services in a quantity equal to the total number of Units of that Red Hat Product (including variants or components thereof). In addition, if you are using Subscription Services to support or maintain a Red Hat Product and/or non-Red Hat Product, then you are required to purchase Subscription Services for each instance of such Red Hat Product and/or non-Red Hat Product for which you use Subscription Services. The Agreement (including pricing) is premised on our understanding that you will use the Subscription Services and Software only for your internal use (which includes Affiliates). You agree not to use Software Subscriptions with higher support service levels (e.g. Standard and/or Premium) to provide such higher support levels to Units with Subscriptions that include lower support levels (e.g. Self-support and/or Standard), unless you report and pay for the higher support service levels on such Units. You may migrate from one Unit of a given Software Subscription to another Unit with the same Subscription Services characteristics (such as from one on-premise System or Physical Node to another on-premise System or Physical Node) without the purchase of additional Software Subscriptions, provided that you do not increase the quantity of Units or other Software Subscription characteristics (such as the number of Socket-pairs, Virtual Guests or vCPUs). Distributing the Software or any portion of the Subscription Services to a third party or using any of the Subscription Services for the benefit of a third party is a material breach of the Agreement even though the open source licenses applicable to individual software packages may give you the right to distribute those packages (and this Appendix is not intended to interfere with your rights under those individual licenses). The foregoing sentence is not intended to limit your internal use of the Software to run a web site and/or to offer your own software as a service, provided such a web site or service (a) does not include a distribution of the Software or Subscription Services and (b) provides a material value added application or service other than the Software and/or Subscription Services. The Subscription Services may be used under the terms of this Appendix by third parties acting on your behalf, such as contractors, subcontractors or outsourcing vendors provided (i) you remain responsible for all of your obligations under the Agreement and this Appendix and for the activities and omissions of the third parties and (ii) you obtain Red Hat’s written consent before you migrate your Software Subscriptions off of your premises and, in the case of a migration to a third party cloud or hosting provider, you are qualified for the Red Hat Cloud Access program and agree to the terms of Red Hat’s Cloud Access program as set forth in Exhibit 1.J. Any unauthorized use of the Subscription Services is a material breach of the Agreement, such as (a) only purchasing or renewing Subscription Services based on some, but not all, of the total number of Units of Software or other Red Hat Products, (b) providing Software Access or Software Maintenance (each defined below) to third parties, (c) using Software Access, Software Maintenance, Production Support and/or Development Support (each defined below) to provide support to third parties, (d) using Subscription Services in connection with any redistribution of Software and/or (e) using Subscription Services to support or maintain any non-Red Hat Software products without purchasing Subscription Services for each instance of such non-Red Hat Product for which you use Subscription Services. For the purposes of this paragraph (for example, in calculating the total number of Units of Software), Software would include versions or copies that have the Red Hat trademark(s) and/or logo file(s) removed. The licenses that are applicable to the individual open source software packages are perpetual (subject to your compliance with their terms), but the other benefits of a Software Subscription will expire if not renewed.

Appears in 9 contracts

Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement

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Use of Software and Subscription Services. While you have subscriptions entitling you to receive Subscription Services for a Red Hat Product, you are required to purchase Subscription Services in a quantity equal to the total number of Units of that Red Hat Product (including variants or components thereof). In addition, if you are using Subscription Services to support or maintain a Red Hat Product and/or non-Red Hat Product, then you are required to purchase Subscription Services for each instance of such Red Hat Product and/or non-Red Hat Product for which you use Subscription Services. The Agreement (including pricing) is premised on our understanding that you will use the Subscription Services and Software only for your internal use (which includes Affiliates). You agree not to use Software Subscriptions with higher support service levels (e.g. Standard and/or Premium) to provide such higher support levels to Units with Subscriptions that include lower support levels (e.g. Self-support and/or Standard), unless you report and pay for the higher support service levels on such Units. You may migrate from one Unit of a given Software Subscription to another Unit with the same Subscription Services characteristics (such as from one on-premise System or Physical Node to another on-premise System or Physical Node) without the purchase of additional Software Subscriptions, provided that you do not increase the quantity of Units or other Software Subscription characteristics (such as the number of Socket-pairs, Virtual Guests Guests, vCPUs or vCPUsManaged Nodes). Distributing A Software Subscription provides you with ongoing access to a variety of services for your personal (internal) use. Accordingly, providing our services to, or using for the Software benefit of, a third party (for example, using Subscription Services to provide hosting services, managed services, Internet service provider (ISP) services, or any portion third party access to or use of the Subscription Services to a third party or using any of the Subscription Services for the benefit of a third party Services) is a material breach of the Agreement even though the open source licenses applicable to individual software packages may give you the right to distribute those packages (and this Appendix is not intended to interfere with your rights under those individual licenses)Agreement. The foregoing sentence is not intended to limit your internal use of the Software to run a web site and/or to offer your own software as a service, provided such a web site or service (a) does not include a distribution distribution, sale or resale of any of the Software or Subscription Services and (b) provides as the primary component of the web site or service a material value added application or service other than the Software and/or Subscription Services. The Subscription Services may be used under the terms of this Appendix by third parties acting on your behalf, such as contractors, subcontractors or outsourcing vendors provided (i) you remain responsible for all of your obligations under the Agreement and this Appendix and for the activities and omissions of the third parties and (ii) you obtain Red Hat’s written consent before you migrate your Software Subscriptions off of your premises andor, in the case of a migration to a third party cloud or hosting provider, you are qualified for the Red Hat Cloud Access program and agree to the terms of Red Hat’s Cloud Access program as set forth in Exhibit 1.J. 1.I. Any unauthorized use of the Subscription Services is a material breach of the Agreement, such as (a) only purchasing or renewing Subscription Services based on some, but not all, of the total number of Units of Software or other Red Hat Products, (b) providing Software Access or Software Maintenance (each defined below) to third parties, (c) using Software Access, Software Maintenance, Pre-Production Support, Production Support and/or Development Support (each defined below) to provide support to third parties, (d) using Subscription Services in connection with any redistribution of Software and/or (e) using Subscription Services to support or maintain any non-Red Hat Software products without purchasing Subscription Services for each instance of such non-Red Hat Product for which you use Subscription Services. For the purposes of this paragraph (for example, in calculating the total number of Units of Software), Software would include includes versions or copies that have with the Red Hat trademark(s) and/or logo file(s) removed. The licenses that are applicable to the individual open source software packages are perpetual (subject to your compliance with their terms), but the other benefits of a Software Subscription will expire if not renewed. This Agreement establishes the rights and obligations associated with Red Hat Products and is not intended to limit your rights to software code under the terms of an open source license.

Appears in 8 contracts

Samples: Red Hat Enterprise Agreement, Enterprise Agreement, Enterprise Agreement

Use of Software and Subscription Services. While you have subscriptions entitling you to receive Subscription Services for a Red Hat Product, you are required to purchase Subscription Services in a quantity equal to the total number of Units of that Red Hat Product (including variants or components thereof). In addition, if you are using Subscription Services to support or maintain a Red Hat Product and/or non-Red Hat Product, then you are required to purchase Subscription Services for each instance of such Red Hat Product and/or non-Red Hat Product for which you use Subscription Services. The Agreement (including pricing) is premised on our understanding that you will use the Subscription Services and Software only for your internal use (which includes Affiliates). You agree not to use Software Subscriptions with higher support service levels (e.g. Standard and/or Premium) to provide such higher support levels to Units with Subscriptions that include lower support levels (e.g. Self-support and/or Standard), unless you report and pay for the higher support service levels on such Units. You may migrate from one Unit of a given Software Subscription to another Unit with the same Subscription Services characteristics (such as from one on-premise System or Physical Node to another on-premise System or Physical Node) without the purchase of additional Software Subscriptions, provided that you do not increase the quantity of Units or other Software Subscription characteristics (such as the number of Socket-pairs, Virtual Guests or vCPUs). Distributing the A Software or any portion of the Subscription Services provides you with ongoing access to a third party variety of services for your personal use. Accordingly, providing our services to, or using any of the Subscription Services for the benefit of a third party is a material breach of the Agreement even though the open source licenses applicable to individual software packages may give you the right to distribute those packages (and this Appendix is not intended to interfere with your rights under those individual licenses)Agreement. The foregoing sentence is not intended to limit your internal use of the Software to run a web site and/or to offer your own software as a service, provided such a web site or service (a) does not include a distribution of the Software or Subscription Services and (b) provides a material value added application or service other than the Software and/or Subscription Services. The Subscription Services may be used under the terms of this Appendix by third parties acting on your behalf, such as contractors, subcontractors or outsourcing vendors provided (i) you remain responsible for all of your obligations under the Agreement and this Appendix and for the activities and omissions of the third parties and (ii) you obtain Red Hat’s written consent before you migrate your Software Subscriptions off of your premises and, in the case of a migration to a third party cloud or hosting provider, you are qualified for the Red Hat Cloud Access program and agree to the terms of Red Hat’s Cloud Access program as set forth in Exhibit 1.J. Any unauthorized use any of the Subscription Services is a material breach of the Agreement, such as (a) only purchasing or renewing Subscription Services based on some, but not all, of the total number of Units of Software or other Red Hat Products, (b) providing Software Access or Software Maintenance (each defined below) to third parties, (c) using Software Access, Software Maintenance, Production Support and/or Development Support (each defined below) to provide support to third parties, (d) using Subscription Services in connection with any redistribution of Software and/or (e) using Subscription Services to support or maintain any non-Red Hat Software products without purchasing Subscription Services for each instance of such non-Red Hat Product for which you use Subscription Services. For the purposes of this paragraph (for example, in calculating the total number of Units of Software), Software would include versions or copies that have the Red Hat trademark(s) and/or logo file(s) removed. The licenses that are applicable to the individual open source software packages are perpetual (subject to your compliance with their terms), but the other benefits of a Software Subscription will expire if not renewed.and

Appears in 7 contracts

Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement

Use of Software and Subscription Services. While you have subscriptions entitling you to receive Subscription Services for a Red Hat Product, you are required to purchase Subscription Services in a quantity equal to the total number of Units of that Red Hat Product (including variants or components thereof). In addition, if you are using Subscription Services to support or maintain a Red Hat Product and/or non-Red Hat Product, then you are required to purchase Subscription Services for each instance of such Red Hat Product and/or non-Red Hat Product for which you use Subscription Services. The Agreement (including pricing) is premised on our understanding that you will use the Subscription Services and Software only for your internal use (which includes Affiliates). You agree not to use Software Subscriptions with higher support service levels (e.g. Standard and/or Premium) to provide such higher support levels to Units with Subscriptions that include lower support levels (e.g. Self-support and/or Standard), unless you report and pay for the higher support service levels on such Units. You may migrate from one Unit of a given Software Subscription to another Unit with the same Subscription Services characteristics (such as from one on-premise System or Physical Node to another on-premise System or Physical Node) without the purchase of additional Software Subscriptions, provided that you do not increase the quantity of Units or other Software Subscription characteristics (such as the number of Socket-pairs, Virtual Guests or vCPUs). Distributing the A Software or any portion of the Subscription Services provides you with ongoing access to a third party variety of services for your personal use. Accordingly, providing our services to, or using any of the Subscription Services for the benefit of of, a third party is a material breach of the Agreement even though the open source licenses applicable to individual software packages may give you the right to distribute those packages (and this Appendix is not intended to interfere with your rights under those individual licenses)Agreement. The foregoing sentence is not intended to limit your internal use of the Software to run a web site and/or to offer your own software as a service, provided such a web site or service (a) does not include a distribution of any of the Software or Subscription Services and (b) provides a material value added application or service other than the Software and/or Subscription Services. The Subscription Services may be used under the terms of this Appendix by third parties acting on your behalf, such as contractors, subcontractors or outsourcing vendors provided (i) you remain responsible for all of your obligations under the Agreement and this Appendix and for the activities and omissions of the third parties and (ii) you obtain Red Hat’s written consent before you migrate your Software Subscriptions off of your premises and, in the case of a migration to a third party cloud or hosting provider, you are qualified for the Red Hat Cloud Access program and agree to the terms of Red Hat’s Cloud Access program as set forth in Exhibit 1.J. Any unauthorized use of the Subscription Services is a material breach of the Agreement, such as (a) only purchasing or renewing Subscription Services based on some, but not all, of the total number of Units of Software or other Red Hat Products, (b) providing Software Access or Software Maintenance (each defined below) to third parties, (c) using Software Access, Software Maintenance, Pre-Production Support, Production Support and/or Development Support (each defined below) to provide support to third parties, (d) using Subscription Services in connection with any redistribution of Software and/or (e) using Subscription Services to support or maintain any non-Red Hat Software products without purchasing Subscription Services for each instance of such non-Red Hat Product for which you use Subscription Services. For the purposes of this paragraph (for example, in calculating the total number of Units of Software), Software would include includes versions or copies that have with the Red Hat trademark(s) and/or logo file(s) removed. The licenses that are applicable to the individual open source software packages are perpetual (subject to your compliance with their terms), but the other benefits of a Software Subscription will expire if not renewed. This Agreement establishes the rights and obligations associated with Red Hat Products and is not intended to limit your rights to software code under the terms of an open source license.

Appears in 6 contracts

Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement

Use of Software and Subscription Services. While you have subscriptions entitling you to receive Subscription Services for a Red Hat Product, you are required to purchase Subscription Services in a quantity equal to the total number of Units of that Red Hat Product (including variants or components thereof). In addition, if you are using Subscription Services to support or maintain a Red Hat Product and/or non-Red Hat Product, then you are required to purchase Subscription Services for each instance of such Red Hat Product and/or non-Red Hat Product for which you use Subscription Services. The Agreement (including pricing) is premised on our understanding that you will use the Subscription Services and Software only for your internal use (which includes Affiliates). You agree not to use Software Subscriptions with higher support service levels (e.g. Standard and/or Premium) to provide such higher support levels to Units with Subscriptions that include lower support levels (e.g. Self-support and/or Standard), unless you report and pay for the higher support service levels on such Units. You may migrate from one Unit of a given Software Subscription to another Unit with the same Subscription Services characteristics (such as from one on-premise System or Physical Node to another on-premise System or Physical Node) without the purchase of additional Software Subscriptions, provided that you do not increase the quantity of Units or other Software Subscription characteristics (such as the number of Socket-pairs, Virtual Guests or vCPUs). Distributing A Software Subscription provides you with ongoing access to a variety of services for your personal (internal) use. Accordingly, providing our services to, or using for the Software benefit of, a third party (for example, using Subscription Services to provide hosting services, managed services, Internet service provider (ISP) services, or any portion third party access to or use of the Subscription Services to a third party or using any of the Subscription Services for the benefit of a third party Services) is a material breach of the Agreement even though the open source licenses applicable to individual software packages may give you the right to distribute those packages (and this Appendix is not intended to interfere with your rights under those individual licenses)Agreement. The foregoing sentence is not intended to limit your internal use of the Software to run a web site and/or to offer your own software as a service, provided such a web site or service (a) does not include a distribution distribution, sale or resale of any of the Software or Subscription Services and (b) provides as the primary component of the web site or service a material value added application or service other than the Software and/or Subscription Services. The Subscription Services may be used under the terms of this Appendix by third parties acting on your behalf, such as contractors, subcontractors or outsourcing vendors provided (i) you remain responsible for all of your obligations under the Agreement and this Appendix and for the activities and omissions of the third parties and (ii) you obtain Red Hat’s written consent before you migrate your Software Subscriptions off of your premises and, in the case of a migration to a third party cloud or hosting provider, you are qualified for the Red Hat Cloud Access program and agree to the terms of Red Hat’s Cloud Access program as set forth in Exhibit 1.J. Any unauthorized use of the Subscription Services is a material breach of the Agreement, such as (a) only purchasing or renewing Subscription Services based on some, but not all, of the total number of Units of Software or other Red Hat Products, (b) providing Software Access or Software Maintenance (each defined below) to third parties, (c) using Software Access, Software Maintenance, Pre-Production Support, Production Support and/or Development Support (each defined below) to provide support to third parties, (d) using Subscription Services in connection with any redistribution of Software and/or (e) using Subscription Services to support or maintain any non-Red Hat Software products without purchasing Subscription Services for each instance of such non-Red Hat Product for which you use Subscription Services. For the purposes of this paragraph (for example, in calculating the total number of Units of Software), Software would include includes versions or copies that have with the Red Hat trademark(s) and/or logo file(s) removed. The licenses that are applicable to the individual open source software packages are perpetual (subject to your compliance with their terms), but the other benefits of a Software Subscription will expire if not renewed. This Agreement establishes the rights and obligations associated with Red Hat Products and is not intended to limit your rights to software code under the terms of an open source license.

Appears in 6 contracts

Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement

Use of Software and Subscription Services. While you have subscriptions entitling you to receive Subscription Services for a Red Hat Product, you are required to purchase Subscription Services in a quantity equal to the total number of Units of that Red Hat Product (including variants or components thereof). In addition, if you are using Subscription Services to support or maintain a Red Hat Product and/or non-Red Hat Product, then you are required to purchase Subscription Services for each instance of such Red Hat Product and/or non-Red Hat Product for which you use Subscription Services. The Agreement (including pricing) is premised on our understanding that you will use the Subscription Services and Software only for your internal use (which includes Affiliates). You agree not to use Software Subscriptions with higher support service levels (e.g. Standard and/or Premium) to provide such higher support levels to Units with Subscriptions that include lower support levels (e.g. Self-support and/or Standard), unless you report and pay for the higher support service levels on such Units. You may migrate from one Unit of a given Software Subscription to another Unit with the same Subscription Services characteristics (such as from one on-premise System or Physical Node to another on-premise System or Physical Node) without the purchase of additional Software Subscriptions, provided that you do not increase the quantity of Units or other Software Subscription characteristics (such as the number of Socket-pairs, Virtual Guests Guests, vCPUs or vCPUsManaged Nodes). Distributing A Software Subscription provides you with ongoing access to a variety of services for your personal (internal) use. Accordingly, providing our services to, or using for the Software benefit of, a third party (for example, using Subscription Services to provide hosting services, managed services, Internet service provider (ISP) services, or any portion third party access to or use of the Subscription Services to a third party or using any of the Subscription Services for the benefit of a third party Services) is a material breach of the Agreement even though the open source licenses applicable to individual software packages may give you the right to distribute those packages (and this Appendix is not intended to interfere with your rights under those individual licenses)Agreement. The foregoing sentence is not intended to limit your internal use of the Software to run a web site and/or to offer your own software as a service, provided such a web site or service (a) does not include a distribution distribution, sale or resale of any of the Software or Subscription Services and (b) provides as the primary component of the web site or service a material value added application or service other than the Software and/or Subscription Services. The Subscription Services may be used under the terms of this Appendix by third parties acting on your behalf, such as contractors, subcontractors or outsourcing vendors provided (i) you remain responsible for all of your obligations under the Agreement and this Appendix and for the activities and omissions of the third parties and (ii) you obtain Red Hat’s written consent before you migrate your Software Subscriptions off of your premises and, in the case of a migration to a third party cloud or hosting provider, you are qualified for the Red Hat Cloud Access program and agree to the terms of Red Hat’s Cloud Access program as set forth in Exhibit 1.J. 1.I. Any unauthorized use of the Subscription Services is a material breach of the Agreement, such as (a) only purchasing or renewing Subscription Services based on some, but not all, of the total number of Units of Software or other Red Hat Products, (b) providing Software Access or Software Maintenance (each defined below) to third parties, (c) using Software Access, Software Maintenance, Pre-Production Support, Production Support and/or Development Support (each defined below) to provide support to third parties, (d) using Subscription Services in connection with any redistribution of Software and/or (e) using Subscription Services to support or maintain any non-Red Hat Software products without purchasing Subscription Services for each instance of such non-Red Hat Product for which you use Subscription Services. For the purposes of this paragraph (for example, in calculating the total number of Units of Software), Software would include includes versions or copies that have with the Red Hat trademark(s) and/or logo file(s) removed. The licenses that are applicable to the individual open source software packages are perpetual (subject to your compliance with their terms), but the other benefits of a Software Subscription will expire if not renewed. This Agreement establishes the rights and obligations associated with Red Hat Products and is not intended to limit your rights to software code under the terms of an open source license.

Appears in 5 contracts

Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement

Use of Software and Subscription Services. While you have subscriptions entitling you to receive Subscription Services for a Red Hat Product, you are required to purchase Subscription Services in a quantity equal to the total number of Units of that Red Hat Product (including variants or components thereof). In addition, if you are using Subscription Services to support or maintain a Red Hat Product and/or non-Red Hat Product, then you are required to purchase Subscription Services for each instance of such Red Hat Product and/or non-Red Hat Product for which you use Subscription Services. The Agreement (including pricing) is premised on our understanding that you will use the Subscription Services and Software only for your internal use (which includes Affiliates). You agree not to use Software Subscriptions with higher support service levels (e.g. Standard and/or Premium) to provide such higher support levels to Units with Subscriptions that include lower support levels (e.g. Self-support and/or Standard), unless you report and pay for the higher support service levels on such Units. You may migrate from one Unit of a given Software Subscription to another Unit with the same Subscription Services characteristics (such as from one on-premise System or Physical Node to another on-premise System or Physical Node) without the purchase of additional Software Subscriptions, provided that you do not increase the quantity of Units or other Software Subscription characteristics (such as the number of Socket-pairs, Virtual Guests or vCPUs). Distributing the Software or any portion of the Subscription Services to a third party or using any of the Subscription Services for the benefit of a third party is a material breach of the Agreement even though the open source licenses applicable to individual software packages may give you the right to distribute those packages (and this Appendix is not intended to interfere with your rights under those individual licenses). The foregoing sentence is not intended to limit your internal use of the Software to run a web site and/or to offer your own software as a service, provided such a web site or service (a) does not include a distribution of the Software or and/or Subscription Services Services, and (b) provides a material value added application or service other than the Software and/or Subscription Services. The Subscription Services may be used under the terms of this Appendix by third parties acting on your behalf, such as contractors, subcontractors or outsourcing vendors vendors; provided (i) you remain responsible for all of your obligations under the Agreement and this Appendix and for the activities and omissions of the third parties and (ii) you obtain Red Hat’s written consent before you migrate your Software Subscriptions off of your premises and, in the case of a migration to a third party cloud or hosting provider, you are qualified for the Red Hat Cloud Access program and agree to the terms of Red Hat’s Cloud Access program as set forth in Exhibit 1.J. Any unauthorized use of the Subscription Services is a material breach of the Agreement, such as (a) only purchasing or renewing Subscription Services based on some, but not all, of the total number of Units of Software or other Red Hat Products, Products (b) providing Software Access or Software Maintenance (each defined below) to third parties, (c) using Software Access, Software Maintenance, Production Support and/or Development Support (each defined below) to provide support to third parties, (d) using Subscription Services in connection with any redistribution of Software and/or (e) using Subscription Services to support or maintain any non-non- Red Hat Software products without purchasing Subscription Services for each instance of such non-Red Hat Product for which you use Subscription Services. For the purposes of this paragraph (for example, in calculating the total number of Units of Software), Software would include versions or copies that have the Red Hat trademark(s) and/or logo file(s) removed. The licenses that are applicable to the individual open source software packages are perpetual (subject to your compliance with their terms), but the other benefits of a Software Subscription will expire if not renewed.of

Appears in 3 contracts

Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement

Use of Software and Subscription Services. While you have subscriptions entitling you to receive Subscription Services for a Red Hat Product, you are required to purchase Subscription Services in a quantity equal to the total number of Units of that Red Hat Product (including variants or components thereof). In addition, if you are using Subscription Services to support or maintain a Red Hat Product and/or non-Red Hat Product, then you are required to purchase Subscription Services for each instance of such Red Hat Product and/or non-Red Hat Product for which you use Subscription Services. The Agreement (including pricing) is premised on our understanding that you will use the Subscription Services and Software only for your internal use (which includes Affiliates). You agree not to use Software Subscriptions with higher support service levels (e.g. Standard and/or Premium) to provide such higher support levels to Units with Subscriptions that include lower support levels (e.g. Self-support and/or Standard), unless you report and pay for the higher support service levels on such Units. You may migrate from one Unit of a given Software Subscription to another Unit with the same Subscription Services characteristics (such as from one on-premise System or Physical Node to another on-premise System or Physical Node) without the purchase of additional Software Subscriptions, provided that you do not increase the quantity of Units or other Software Subscription characteristics (such as the number of Socket-pairs, Virtual Guests or vCPUs). Distributing the A Software or any portion of the Subscription Services provides you with ongoing access to a third party variety of services for your personal use. Accordingly, providing our services to, or using any of the Subscription Services for the benefit of a third party is a material breach of the Agreement even though the open source licenses applicable to individual software packages may give you the right to distribute those packages (and this Appendix is not intended to interfere with your rights under those individual licenses)Agreement. The foregoing sentence is not intended to limit your internal use of the Software to run a web site and/or to offer your own software as a service, provided such a web site or service (a) does not include a distribution of the Software or Subscription Services and (b) provides a material value added application or service other than the Software and/or Subscription Services. The Subscription Services may be used under the terms of this Appendix by third parties acting on your behalf, such as contractors, subcontractors or outsourcing vendors provided (i) you remain responsible for all of your obligations under the Agreement and this Appendix and for the activities and omissions of the third parties and (ii) you obtain Red Hat’s written consent before you migrate your Software Subscriptions off of your premises and, in the case of a migration to a third party cloud or hosting provider, you are qualified for the Red Hat Cloud Access program and agree to the terms of Red Hat’s Cloud Access program as set forth in Exhibit 1.J. Any unauthorized use any of the Subscription Services is a material breach of the AgreementServices, such as (a) only purchasing or renewing Subscription Services based on some, but not all, of the total number of Units of Software or other Red Hat Products, (b) providing Software Access or Software Maintenance (each defined below) to third parties, (c) using Software Access, Software Maintenance, Production Support and/or Development Support (each defined below) to provide support to third parties, (d) using Subscription Services in connection with any redistribution of Software and/or (e) using Subscription Services to support or maintain any non-Red Hat Software products without purchasing Subscription Services for each instance of such non-Red Hat Product for which you use Subscription Services. For the purposes of this paragraph (for example, in calculating the total number of Units of Software), Software would include versions or copies that have the Red Hat trademark(s) and/or logo file(s) removed. The licenses that are applicable to the individual open source software packages are perpetual (subject to your compliance with their terms), but the other benefits of a Software Subscription will expire if not renewed.and

Appears in 2 contracts

Samples: Enterprise Agreement, Enterprise Agreement

Use of Software and Subscription Services. While you have subscriptions entitling you to receive Subscription Services for a Red Hat Product, you are required to purchase Subscription Services in a quantity equal to the total number of Units of that Red Hat Product (including variants or components thereof). In addition, if you are using Subscription Services to support or maintain a Red Hat Product and/or non-Red Hat Product, then you are required to purchase Subscription Services for each instance of such Red Hat Product and/or non-Red Hat Product for which you use Subscription Services. The Agreement (including pricing) is premised on our understanding that you will use the Subscription Services and Software only for your internal use (which includes Affiliates). You agree not to use Software Subscriptions with higher support service levels (e.g. Standard and/or Premium) to provide such higher support levels to Units with Subscriptions that include lower support levels (e.g. Self-support and/or Standard), unless you report and pay for the higher support service levels on such Units. You may migrate from one Unit of a given Software Subscription to another Unit with the same Subscription Services characteristics (such as from one on-premise System or Physical Node to another on-premise System or Physical Node) without the purchase of additional Software Subscriptions, provided that you do not increase the quantity of Units or other Software Subscription characteristics (such as the number of Socket-pairs, Virtual Guests Guests, vCPUs or vCPUsManaged Nodes). Distributing A Software Subscription provides you with ongoing access to a variety of services for your personal (internal) use. Accordingly, providing our services to, or using for the Software benefit of, a third party (for example, using Subscription Services to provide hosting services, managed services, Internet service provider (ISP) services, or any portion third party access to or use of the Subscription Services to a third party or using any of the Subscription Services for the benefit of a third party Services) is a material breach of the Agreement even though the open source licenses applicable to individual software packages may give you the right to distribute those packages (and this Appendix is not intended to interfere with your rights under those individual licenses)Agreement. The foregoing sentence is not intended to limit your internal use of the Software to run a web site and/or to offer your own software as a service, provided such a web site or service (a) does not include a distribution distribution, sale or resale of any of the Software or Subscription Services and (b) provides as the primary component of the web site or service a material value added application or service other than the Software and/or Subscription Services. The Subscription Services may be used under the terms of this Appendix by third parties acting on your behalf, such as contractors, subcontractors or outsourcing vendors provided (i) you remain responsible for all of your obligations under the Agreement and this Appendix and for the activities and omissions of the third parties and (ii) you obtain Red Hat’s written consent before you migrate your Software Subscriptions off of your premises and, in the case of a migration to a third party cloud or hosting provider, you are qualified for the Red Hat Cloud Access program and agree to the terms of Red Hat’s Cloud Access program as set forth in Exhibit 1.J. 1.I. Any unauthorized use of the Subscription Services is a material breach of the Agreement, such as (a) only purchasing or renewing Subscription Services based on some, but not all, of the total number of Units of Software or other Red Hat Products, (b) providing Software Access or Software Maintenance (each defined below) to third parties, (c) using Software Access, Software Maintenance, Production Support and/or Development Support (each defined below) to provide support to third parties, (d) using Subscription Services in connection with any redistribution of Software and/or (e) using Subscription Services to support or maintain any non-Red Hat Software products without purchasing Subscription Services for each instance of such non-Red Hat Product for which you use Subscription Services. For the purposes of this paragraph (for example, in calculating the total number of Units of Software), Software would include versions or copies that have the Red Hat trademark(s) and/or logo file(s) removed. The licenses that are applicable to the individual open source software packages are perpetual (subject to your compliance with their terms), but the other benefits of a Software Subscription will expire if not renewed.,

Appears in 2 contracts

Samples: Enterprise Agreement, Enterprise Agreement

Use of Software and Subscription Services. While you have subscriptions entitling you to receive Subscription Services for a Red Hat Product, you are required to purchase Subscription Services in a quantity equal to the total number of Units of that Red Hat Product (including variants or components thereof). In addition, if you are using Subscription Services to support or maintain a Red Hat Product and/or non-Red Hat Product, then you are required to purchase Subscription Services for each instance of such Red Hat Product and/or non-Red Hat Product for which you use Subscription Services. The Agreement (including pricing) is premised on our understanding that you will use the Subscription Services and Software only for your internal use (which includes Affiliates). You agree not to use Software Subscriptions with higher support service levels (e.g. Standard and/or Premium) to provide such higher support levels to Units with Subscriptions that include lower support levels (e.g. Self-support and/or Standard), unless you report and pay for the higher support service levels on such Units. You may migrate from one Unit of a given Software Subscription to another Unit with the same Subscription Services characteristics (such as from one on-premise System or Physical Node to another on-premise System or of Physical Node) without the purchase of additional Software Subscriptions, provided that you do not increase the quantity of Units or other Software Subscription characteristics (such as the number of Socket-pairs, Virtual Guests or vCPUs). Distributing the Software or any portion of the Subscription Services to a third party or using any of the Subscription Services for the benefit of a third party is a material breach of the Agreement even though the open source licenses applicable to individual software packages may give you the right to distribute those packages (and this Appendix is not intended to interfere with your rights under those individual licenses). The foregoing sentence is not intended to limit your internal use of the Software to run a web site and/or to offer your own software as a service, provided such a web site or service (a) does not include a distribution of the Software or Subscription Services and (b) provides a material value added application or service other than the Software and/or Subscription Services. The Subscription Services may be used under the terms of this Appendix by third parties acting on your behalf, such as contractors, subcontractors or outsourcing vendors provided (i) you remain responsible for all of your obligations under the Agreement and this Appendix and for the activities and omissions of the third parties and (ii) you obtain Red Hat’s written consent before you migrate your Software Subscriptions off of your premises and, in the case of a migration to a third party cloud or hosting provider, you are qualified for the Red Hat Cloud Access program and agree to the terms of Red Hat’s Cloud Access program as set forth in Exhibit 1.J. Any unauthorized use of the Subscription Services is a material breach of the Agreement, such as (a) only purchasing or renewing Subscription Services based on some, but not all, of the total number of Units of Software or other Red Hat Products, (b) providing Software Access or Software Maintenance (each defined below) to third parties, (c) using Software Access, Software Maintenance, Production Support and/or Development Support (each defined below) to provide support to third parties, (d) using Subscription Services in connection with any redistribution of Software and/or (e) using Subscription Services to support or maintain any non-non- Red Hat Software products without purchasing Subscription Services for each instance of such non-Red Hat Product for which you use Subscription Services. For the purposes of this paragraph (for example, in calculating the total number of Units of Software), Software would include versions or copies that have the Red Hat trademark(s) and/or logo file(s) removed. The licenses that are applicable to the individual open source software packages are perpetual (subject to your compliance with their terms), but the other benefits of a Software Subscription will expire if not renewed.of

Appears in 2 contracts

Samples: Red Hat Enterprise Agreement, Red Hat Enterprise Agreement

Use of Software and Subscription Services. While you have subscriptions entitling you to receive Subscription Services for a Red Hat Product, you are required to purchase Subscription Services in a quantity equal to the total number of Units of that Red Hat Product (including variants or components thereof). In addition, if you are using Subscription Services to support or maintain a Red Hat Product and/or non-Red Hat Product, then you are required to purchase Subscription Services for each instance of such Red Hat Product and/or non-Red Hat Product for which you use Subscription Services. The Agreement (including pricing) is premised on our understanding that you will use the Subscription Services and Software only for your internal use (which includes Affiliates). You agree not to use Software Subscriptions with higher support service levels (e.g. Standard and/or Premium) to provide such higher support levels to Units with Subscriptions that include lower support levels (e.g. Self-support and/or Standard), unless you report and pay for the higher support service levels on such Units. You may migrate from one Unit of a given Software Subscription to another Unit with the same Subscription Services characteristics (such as from one on-premise System or Physical Node to another on-premise System or Physical Node) without the purchase of additional Software Subscriptions, provided that you do not increase the quantity of Units or other Software Subscription characteristics (such as the number of Socket-pairs, Virtual Guests Guests, vCPUs or vCPUsManaged Nodes). Distributing A Software Subscription provides you with ongoing access to a variety of services for your personal (internal) use. Accordingly, providing our services to, or using for the Software benefit of, a third party (for example, using Subscription Services to provide hosting services, managed services, Internet service provider (ISP) services, or any portion third party access to or use of the Subscription Services to a third party or using any of the Subscription Services for the benefit of a third party Services) is a material breach of the Agreement even though the open source licenses applicable to individual software packages may give you the right to distribute those packages (and this Appendix is not intended to interfere with your rights under those individual licenses)Agreement. The foregoing sentence is not intended to limit your internal use of the Software to run a web site and/or to offer your own software as a service, provided such a web site or service (a) does not include a distribution distribution, sale or resale of any of the Software or Subscription Services and (b) provides as the primary component of the web site or service a material value added application or service other than the Software and/or Subscription Services. The Subscription Services may be used under the terms of this Appendix by third parties acting on your behalf, such as contractors, subcontractors or outsourcing vendors provided (i) you remain responsible for all of your obligations under the Agreement and this Appendix and for the activities and omissions of the third parties and (ii) you obtain Red Hat’s written consent before you migrate your Software Subscriptions off of your premises andor , in the case of a migration to a third party cloud or hosting provider, you are qualified for the Red Hat Cloud Access program and agree to the terms of Red Hat’s Cloud Access program as set forth in Exhibit 1.J. 1.I. Any unauthorized use of the Subscription Services is a material breach of the Agreement, such as (a) only purchasing or renewing Subscription Services based on some, but not all, of the total number of Units of Software or other Red Hat Products, (b) providing Software Access or Software Maintenance (each defined below) to third parties, (c) using Software Access, Software Maintenance, Production Support and/or Development Support (each defined below) to provide support to third parties, (d) using Subscription Services in connection with any redistribution of Software and/or (e) using Subscription Services to support or maintain any non-Red Hat Software products without purchasing Subscription Services for each instance of such non-Red Hat Product for which you use Subscription Services. For the purposes of this paragraph (for example, in calculating the total number of Units of Software), Software would include versions or copies that have the Red Hat trademark(s) and/or logo file(s) removed. The licenses that are applicable to the individual open source software packages are perpetual (subject to your compliance with their terms), but the other benefits of a Software Subscription will expire if not renewed.,

Appears in 2 contracts

Samples: Enterprise Agreement, Enterprise Agreement

Use of Software and Subscription Services. While you have subscriptions entitling you to receive Subscription Services for a Red Hat Product, you are required to purchase Subscription Services in a quantity equal to the total number of Units of that Red Hat Product (including variants or components thereof). In addition, if you are using Subscription Services to support or maintain a Red Hat Product and/or non-Red Hat Product, then you are required to purchase Subscription Services for each instance of such Red Hat Product and/or non-Red Hat Product for which you use Subscription Services. The Agreement (including pricing) is premised on our understanding that you will use the Subscription Services and Software only for your internal use (which includes Affiliates). You agree not to use Software Subscriptions with higher support service levels (e.g. Standard and/or Premium) to provide such higher support levels to Units with Subscriptions that include lower support levels (e.g. Self-support and/or Standard), unless you report and pay for the higher support service levels on such Units. You may migrate from one Unit of a given Software Subscription to another Unit with the same Subscription Services characteristics (such as from one on-premise System or Physical Node to another on-premise System or Physical Node) without the purchase of additional Software Subscriptions, provided that you do not increase the quantity of Units or other Software Subscription characteristics (such as the number of Socket-pairs, Virtual Guests Guests, vCPUs or vCPUsManaged Nodes). Distributing A Software Subscription provides you with ongoing access to a variety of services for your personal (internal) use. Accordingly, providing our services to, or using for the Software benefit of, a third party (for example, using Subscription Services to provide hosting services, managed services, Internet service provider (ISP) services, or any portion third party access to or use of the Subscription Services to a third party or using any of the Subscription Services for the benefit of a third party Services) is a material breach of the Agreement even though the open source licenses applicable to individual software packages may give you the right to distribute those packages (and this Appendix is not intended to interfere with your rights under those individual licenses)Agreement. The foregoing sentence is not intended to limit your internal use of the Software to run a web site and/or to offer your own software as a service, provided such a web site or service (a) does not include a distribution distribution, sale or resale of any of the Software or Subscription Services and (b) provides as the primary component of the web site or service a material value added application or service other than the Software and/or Subscription Services. The Subscription Services may be used under the terms of this Appendix by third parties acting on your behalf, such as contractors, subcontractors or outsourcing vendors provided (i) you remain responsible for all of your obligations under the Agreement and this Appendix and for the activities and omissions of the third parties and (ii) you obtain Red Hat’s 's written consent before you migrate your Software Subscriptions off of your premises andor, in the case of a migration to a third party cloud or hosting provider, you are qualified for the Red Hat Cloud Access program and agree to the terms of Red Hat’s 's Cloud Access program as set forth in Exhibit 1.J. 1.I. Any unauthorized use of the Subscription Services is a material breach of the Agreement, such as (a) only purchasing or renewing Subscription Services based on some, but not all, of the total number of Units of Software or other Red Hat Products, (b) providing Software Access or Software Maintenance (each defined below) to third parties, (c) using Software Access, Software Maintenance, Pre-Production Support, Production Support and/or Development Support (each defined below) to provide support to third parties, (d) using Subscription Services in connection with any redistribution of Software and/or (e) using Subscription Services to support or maintain any non-Red Hat Software products without purchasing Subscription Services for each instance of such non-Red Hat Product for which you use Subscription Services. For the purposes of this paragraph (for example, in calculating the total number of Units of Software), Software would include includes versions or copies that have with the Red Hat trademark(s) and/or logo file(s) removed. The licenses that are applicable to the individual open source software packages are perpetual (subject to your compliance with their terms), but the other benefits of a Software Subscription will expire if not renewed. This Agreement establishes the rights and obligations associated with Red Hat Products and is not intended to limit your rights to software code under the terms of an open source license.

Appears in 2 contracts

Samples: Enterprise Agreement, Enterprise Agreement

Use of Software and Subscription Services. While you have subscriptions entitling you to receive Subscription Services for a Red Hat Product, you are required to purchase Subscription Services in a quantity equal to the total number of Units of that Red Hat Product (including variants or components thereof). In addition, if you are using Subscription Services to support or maintain a Red Hat Product and/or non-Red Hat Product, then you are required to purchase Subscription Services for each instance of such Red Hat Product and/or non-Red Hat Product for which you use Subscription Services. The Agreement (including pricing) is premised on our understanding that you will use the Subscription Services and Software only for your internal use (which includes Affiliates). You agree not to use Software Subscriptions with higher support service levels (e.g. Standard and/or Premium) to provide such higher support levels to Units with Subscriptions that include lower support levels (e.g. Self-support and/or Standard), unless you report and pay for the higher support service levels on such Units. You may migrate from one Unit of a given Software Subscription to another Unit with the same Subscription Services characteristics (such as from one on-premise System or Physical Node to another on-premise System or Physical Node) without the purchase of additional Software Subscriptions, provided that you do not increase the quantity of Units or other Software Subscription characteristics (such as the number of Socket-pairs, Virtual Guests or vCPUs). Distributing the A Software or any portion of the Subscription Services provides you with ongoing access to a third party variety of services for your personal use. Accordingly, providing our services to, or using any of the Subscription Services for the benefit of of, a third party is a material breach of the Agreement even though the open source licenses applicable to individual software packages may give you the right to distribute those packages (and this Appendix is not intended to interfere with your rights under those individual licenses)Agreement. The foregoing sentence is not intended to limit your internal use of the Software to run a web site and/or to offer your own software as a service, provided such a web site or service (a) does not include a distribution of any of the Software or Subscription Services and (b) provides a material value added application or service other than the Software and/or Subscription Services. The Subscription Services may be used under the terms of this Appendix by third parties acting on your behalf, such as contractors, subcontractors or outsourcing vendors provided (i) you remain responsible for all of your obligations under the Agreement and this Appendix and for the activities and omissions of the third parties and (ii) you obtain Red Hat’s written consent before you migrate your Software Subscriptions off of your premises and, in the case of a migration to a third party cloud or hosting provider, you are qualified for the Red Hat Cloud Access program and agree to the terms of Red Hat’s Cloud Access program as set forth in Exhibit 1.J. Any unauthorized use of the Subscription Services is a material breach of the Agreement, such as (a) only purchasing or renewing Subscription Services based on some, but not all, of the total number of Units of Software or other Red Hat Products, (b) providing Software Access or Software Maintenance (each defined below) to third parties, (c) using Software Access, Software Maintenance, Production Support and/or Development Support (each defined below) to provide support to third parties, (d) using Subscription Services in connection with any redistribution of Software and/or (e) using Subscription Services to support or maintain any non-Red Hat Software products without purchasing Subscription Services for each instance of such non-Red Hat Product for which you use Subscription Services. For the purposes of this paragraph (for example, in calculating the total number of Units of Software), Software would include versions or copies that have the Red Hat trademark(s) and/or logo file(s) removed. The licenses that are applicable to the individual open source software packages are perpetual (subject to your compliance with their terms), but the other benefits of a Software Subscription will expire if not renewed. This Agreement establishes the rights and obligations associated with Red Hat Products, and is not intended to limit your rights to software code under the terms of an open source license.

Appears in 2 contracts

Samples: Enterprise Agreement, Enterprise Agreement

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Use of Software and Subscription Services. While you have subscriptions entitling you to receive Subscription Services for a Red Hat Product, you are required to purchase Subscription Services in a quantity equal to the total number of Units of that Red Hat Product (including variants or components thereof). In addition, if you are using Subscription Services to support or maintain a Red Hat Product and/or non-Red Hat Product, then you are required to purchase Subscription Services for each instance of such Red Hat Product and/or non-Red Hat Product for which you use Subscription Services. The Agreement (including pricing) is premised on our understanding that you will use the Subscription Services and Software only for your internal use (which includes Affiliates). You agree not to use Software Subscriptions with higher support service levels (e.g. Standard and/or Premium) to provide such higher support levels to Units with Subscriptions that include lower support levels (e.g. Self-support and/or Standard), unless you report and pay for the higher support service levels on such Units. You may migrate from one Unit of a given Software Subscription to another Unit with the same Subscription Services characteristics (such as from one on-premise System or Physical Node to another on-premise System or Physical Node) without the purchase of additional Software Subscriptions, provided that you do not increase the quantity of Units or other Software Subscription characteristics (such as the number of Socket-Socket- pairs, Virtual Guests Guests, vCPUs or vCPUsManaged Nodes). Distributing A Software Subscription provides you with ongoing access to a variety of services for your personal (internal) use. Accordingly, providing our services to, or using for the Software benefit of, a third party (for example, using Subscription Services to provide hosting services, managed services, Internet service provider (ISP) services, or any portion third party access to or use of the Subscription Services to a third party or using any of the Subscription Services for the benefit of a third party Services) is a material breach of the Agreement even though the open source licenses applicable to individual software packages may give you the right to distribute those packages (and this Appendix is not intended to interfere with your rights under those individual licenses)Agreement. The foregoing sentence is not intended to limit your internal use of the Software to run a web site and/or to offer your own software as a service, provided such a web site or service (a) does not include a distribution distribution, sale or resale of any of the Software or Subscription Services and (b) provides as the primary component of the web site or service a material value added application or service other than the Software and/or Subscription Services. The Subscription Services may be used under the terms of this Appendix by third parties acting on your behalf, such as contractors, subcontractors or outsourcing vendors provided (i) you remain responsible for all of your obligations under the Agreement and this Appendix and for the activities and omissions of the third parties and (ii) you obtain Red Hat’s written consent before you migrate your Software Subscriptions off of your premises andor, in the case of a migration to a third party cloud or hosting provider, you are qualified for the Red Hat Cloud Access program and agree to the terms of Red Hat’s Cloud Access program as set forth in Exhibit 1.J. 1.I. Any unauthorized use of the Subscription Services is a material breach of the Agreement, such as (a) only purchasing or renewing Subscription Services based on some, but not all, of the total number of Units of Software or other Red Hat Products, (b) providing Software Access or Software Maintenance (each defined below) to third parties, (c) using Software Access, Software Maintenance, Pre-Production Support, Production Support and/or Development Support (each defined below) to provide support to third parties, (d) using Subscription Services in connection with any redistribution of Software and/or (e) using Subscription Services to support or maintain any non-Red Hat Software products without purchasing Subscription Services for each instance of such non-non- Red Hat Product for which you use Subscription Services. For the purposes of this paragraph (for example, in calculating the total number of Units of Software), Software would include versions or copies that have the Red Hat trademark(s) and/or logo file(s) removed. The licenses that are applicable to the individual open source software packages are perpetual (subject to your compliance with their terms), but the other benefits of a Software Subscription will expire if not renewed.includes versions

Appears in 1 contract

Samples: Enterprise Agreement

Use of Software and Subscription Services. While you have subscriptions entitling you to receive Subscription Services for a Red Hat Product, you are required to purchase Subscription Services in a quantity equal to the total number of Units of that Red Hat Product (including variants or components thereof). In addition, if you are using Subscription Services to support or maintain a Red Hat Product and/or non-Red Hat Product, then you are required to purchase Subscription Services for each instance of such Red Hat Product and/or non-Red Hat Product for which you use Subscription Services. The Agreement (including pricing) is premised on our understanding that you will use the Subscription Services and Software only for your internal use (which includes Affiliates). You agree not to use Software Subscriptions with higher support service levels (e.g. Standard and/or Premium) to provide such higher support levels to Units with Subscriptions that include lower support levels (e.g. Self-support and/or Standard), unless you report and pay for the higher support service levels on such Units. You may migrate from one Unit of a given Software Subscription to another Unit with the same Subscription Services characteristics (such as from one on-premise System or Physical Node to another on-premise System or Physical Node) without the purchase of additional Software Subscriptions, provided that you do not increase the quantity of Units or other Software Subscription characteristics (such as the number of Socket-pairs, Virtual Guests or vCPUs). Distributing the A Software or any portion of the Subscription Services provides you with ongoing access to a third party variety of services for your personal (internal) use. Accordingly, providing our services to, or using any of the Subscription Services for the benefit of a third party (for example, using Subscription Services to provide hosting services, managed services, Internet service provider (ISP) services, or third party access to or use of the Subscription Services) is a material breach of the Agreement even though the open source licenses applicable to individual software packages may give you the right to distribute those packages (and this Appendix is not intended to interfere with your rights under those individual licenses)Agreement. The foregoing sentence is not intended to limit your internal use of the Software to run a web site and/or to offer your own software as a service, provided such a web site or service (a) does not include a distribution distribution, sale or resale of any of the Software or Subscription Services and (b) provides as the primary component of the web site or service a material value added application or service other than the Software and/or Subscription Services. The Subscription Services may be used under the terms of this Appendix by third parties acting on your behalf, such as contractors, subcontractors or outsourcing vendors provided (i) you remain responsible for all of your obligations under the Agreement and this Appendix and for the activities and omissions of the third parties and (ii) you obtain Red Hat’s written consent before you migrate your Software Subscriptions off of your premises and, in the case of a migration to a third party cloud or hosting provider, you are qualified for the Red Hat Cloud Access program and agree to the terms of Red Hat’s Cloud Access program as set forth in Exhibit 1.J. Any unauthorized use of the Subscription Services is a material breach of the Agreement, such as (a) only purchasing or renewing Subscription Services based on some, but not all, of the total number of Units of Software or other Red Hat Products, (b) providing Software Access or Software Maintenance (each defined below) to third parties, (c) using Software Access, Software Maintenance, Production Support and/or Development Support (each defined below) to provide support to third parties, (d) using Subscription Services in connection with any redistribution of Software and/or (e) using Subscription Services to support or maintain any non-Red Hat Software products without purchasing Subscription Services for each instance of such non-Red Hat Product for which you use Subscription Services. For the purposes of this paragraph (for example, in calculating the total number of Units of Software), Software would include versions or copies that have the Red Hat trademark(s) and/or logo file(s) removed. The licenses that are applicable to the individual open source software packages are perpetual (subject to your compliance with their terms), but the other benefits of a Software Subscription will expire if not renewed.,

Appears in 1 contract

Samples: Red Hat Enterprise Agreement

Use of Software and Subscription Services. While you have subscriptions entitling you to receive Subscription Services for a Red Hat Product, you are required to purchase Subscription Services in a quantity equal to the total number of Units of that Red Hat Product (including variants or components thereof). In addition, if you are using Subscription Services to support or maintain a Red Hat Product and/or non-Red Hat Product, then you are required to purchase Subscription Services for each instance of such Red Hat Product and/or non-Red Hat Product for which you use Subscription Services. The Agreement (including pricing) is premised on our understanding that you will use the Subscription Services and Software only for your internal use (which includes Affiliates). You agree not to use Software Subscriptions with higher support service levels (e.g. Standard and/or Premium) to provide such higher support levels to Units with Subscriptions that include lower support levels (e.g. Self-support and/or Standard), unless you report and pay for the higher support service levels on such Units. You may migrate from one Unit of a given Software Subscription to another Unit with the same Subscription Services characteristics (such as from one on-premise System or Physical Node to another on-premise System or of Physical Node) without the purchase of additional Software Subscriptions, provided that you do not increase the quantity of Units or other Software Subscription characteristics (such as the number of Socket-pairs, Virtual Guests Guests, vCPUs or vCPUsManaged Nodes). Distributing A Software Subscription provides you with ongoing access to a variety of services for your personal (internal) use. Accordingly, providing our services to, or using for the Software benefit of, a third party (for example, using Subscription Services to provide hosting services, managed services, Internet service provider (ISP) services, or any portion third party access to or use of the Subscription Services to a third party or using any of the Subscription Services for the benefit of a third party Services) is a material breach of the Agreement even though the open source licenses applicable to individual software packages may give you the right to distribute those packages (and this Appendix is not intended to interfere with your rights under those individual licenses). The foregoing sentence is not intended to limit your internal use of the Software to run a web site and/or to offer your own software as a service, provided such a web site or service (a) does not include a distribution distribution, sale or resale of any of the Software or Subscription Services and (b) provides as the primary component of the web site or service a material value added application or service other than the Software and/or Subscription Services. The Subscription Services may be used under the terms of this Appendix by third parties acting on your behalf, such as contractors, subcontractors or outsourcing vendors provided (i) you remain responsible for all of your obligations under the Agreement and this Appendix and for the activities and omissions of the third parties and (ii) you obtain Red Hat’s written consent before you migrate your Software Subscriptions off of your premises andor, in the case of a migration to a third party cloud or hosting provider, you are qualified for the Red Hat Cloud Access program and agree to the terms of Red Hat’s Cloud Access program as set forth in Exhibit 1.J. 1.I. Any unauthorized use of the Subscription Services is a material breach of the Agreement, such as (a) only purchasing or renewing Subscription Services based on some, but not all, of the total number of Units of Software or other Red Hat Products, (b) providing Software Access or Software Maintenance (each defined below) to third parties, (c) using Software Access, Software Maintenance, Production Support and/or Development Support (each defined below) to provide support to third parties, (d) using Subscription Services in connection with any redistribution of Software and/or (e) using Subscription Services to support or maintain any non-Red Hat Software products without purchasing Subscription Services for each instance of such non-Red Hat Product for which you use Subscription Services. For the purposes of this paragraph (for example, in calculating the total number of Units of Software), Software would include versions or copies that have the Red Hat trademark(s) and/or logo file(s) removed. The licenses that are applicable to the individual open source software packages are perpetual (subject to your compliance with their terms), but the other benefits of a Software Subscription will expire if not renewed.,

Appears in 1 contract

Samples: Enterprise Agreement

Use of Software and Subscription Services. While you have subscriptions entitling you to receive Subscription Services for a Red Hat Product, you are required to purchase Subscription Services in a quantity equal to the total number of Units of that Red Hat Product (including variants or components thereof). In addition, if you are using Subscription Services to support or maintain a Red Hat Product and/or non-Red Hat Product, then you are required to purchase Subscription Services for each instance of such Red Hat Product and/or non-Red Hat Product for which you use Subscription Services. The Agreement (including pricing) is premised on our understanding that you will use the Subscription Services and Software only for your internal use (which includes Affiliates). You agree not to use Software Subscriptions with higher support service levels (e.g. Standard and/or Premium) to provide such higher support levels to Units with Subscriptions that include lower support levels (e.g. Self-support and/or Standard), unless you report and pay for the higher support service levels on such Units. You may migrate from one Unit of a given Software Subscription to another Unit with the same Subscription Services characteristics (such as from one on-premise System or Physical Node to another on-premise System or Physical Node) without the purchase of additional Software Subscriptions, provided that you do not increase the quantity of Units or other Software Subscription characteristics (such as the number of Socket-pairs, Virtual Guests or vCPUs). Distributing the A Software or any portion of the Subscription Services provides you with ongoing access to a third party variety of services for your personal (internal) use. Accordingly, providing our services to, or using any of the Subscription Services for the benefit of a third party (for example, using Subscription Services to provide hosting services, managed services, Internet service provider (ISP) services, or third party access to or use of the Subscription Services) is a material breach of the Agreement even though the open source licenses applicable to individual software packages may give you the right to distribute those packages (and this Appendix is not intended to interfere with your rights under those individual licenses). Agreement.The foregoing sentence is not intended to limit your internal use of the Software to run a web site and/or to offer your own software as a service, provided such a web site or service (a) does not include a distribution distribution, sale or resale of any of the Software or Subscription Services Services, and (b) provides as the primary component of the web site or service a material value added application or service other than the Software and/or or Subscription Services. The Subscription Services may be used under the terms of this Appendix by third parties acting on your behalf, such as contractors, subcontractors or outsourcing vendors vendors; provided (i) you remain responsible for all of your obligations under the Agreement and this Appendix and for the activities and omissions of the third parties and (ii) you obtain Red Hat’s written consent before you migrate your Software Subscriptions off of your premises and, in the case of a migration to a third party cloud or hosting provider, you are qualified for the Red Hat Cloud Access program and agree to the terms of Red Hat’s Cloud Access program as set forth in Exhibit 1.J. Any unauthorized use of the Subscription Services is a material breach of the Agreement, such as (a) only purchasing or renewing Subscription Services based on some, but not all, of the total number of Units of Software or other Red Hat Products, Products (b) providing Software Access or Software Maintenance (each defined below) to third parties, (c) using Software Access, Software Maintenance, Production Support and/or Development Support (each defined below) to provide support to third parties, (d) using Subscription Services in connection with any redistribution of Software Software, and/or (e) using Subscription Services to support or maintain any non-Red Hat Software products without purchasing Subscription Services for each instance of such non-Red Hat Product for which you use Subscription Services. For the purposes of this paragraph (for example, in calculating the total number of Units of Software), Software would include versions or copies that have the Red Hat trademark(s) and/or logo file(s) removed. The licenses that are applicable to the individual open source software packages are perpetual (subject to your compliance with their terms), but the other benefits of a Software Subscription will expire if not renewed.of

Appears in 1 contract

Samples: Enterprise Agreement

Use of Software and Subscription Services. While you have subscriptions entitling you to receive Subscription Services for a Red Hat Product, you are required to purchase Subscription Services in a quantity equal to the total number of Units of that Red Hat Product (including variants or components thereof). In addition, if you are using Subscription Services to support or maintain a Red Hat Product and/or non-Red Hat Product, then you are required to purchase Subscription Services for each instance of such Red Hat Product and/or non-Red Hat Product for which you use Subscription Services. The Agreement (including pricing) is premised on our understanding that you will use the Subscription Services and Software only for your internal use (which includes Affiliates). You agree not to use Software Subscriptions with higher support service levels (e.g. Standard and/or Premium) to provide such higher support levels to Units with Subscriptions that include lower support levels (e.g. Self-support and/or Standard), unless you report and pay for the higher support service levels on such Units. You may migrate from one Unit of a given Software Subscription to another Unit with the same Subscription Services characteristics (such as from one on-premise System or Physical Node to another on-premise System or Physical Node) without the purchase of additional Software Subscriptions, provided that you do not increase the quantity of Units or other Software Subscription characteristics (such as the number of Socket-pairs, Virtual Guests Guests, vCPUs or vCPUsManaged Nodes). Distributing the A Software or any portion of the Subscription Services provides you with ongoing access to a third party variety of services for your personal (internal) use. Accordingly, providing our services to, or using any of the Subscription Services for the benefit of a third party (for example, using Subscription Services to provide hosting services, managed services, Internet service provider (ISP) services, or third party access to or use of the Subscription Services) is a material breach of the Agreement even though the open source licenses applicable to individual software packages may give you the right to distribute those packages (and this Appendix is not intended to interfere with your rights under those individual licenses)Agreement. The foregoing sentence is not intended to limit your internal use of the Software to run a web site and/or to offer your own software as a service, provided such a web site or service (a) does not include a distribution distribution, sale or resale of any of the Software or Subscription Services and (b) provides as the primary component of the web site or service a material value added application or service other than the Software and/or Subscription Services. The Subscription Services may be used under the terms of this Appendix by third parties acting on your behalf, such as contractors, subcontractors or outsourcing vendors provided (i) you remain responsible for all of your obligations under the Agreement and this Appendix and for the activities and omissions of the third parties and (ii) you obtain Red Hat’s written consent before you migrate your Software Subscriptions off of your premises and, in the case of a migration to a third party cloud or hosting provider, you are qualified for the Red Hat Cloud Access program and agree to the terms of Red Hat’s Cloud Access program as set forth in Exhibit 1.J. 1.I. Any unauthorized use of the Subscription Services is a material breach of the Agreement, such as (a) only purchasing or renewing Subscription Services based on some, but not all, of the total number of Units of Software or other Red Hat Products, (b) providing Software Access or Software Maintenance (each defined below) to third parties, (c) using Software Access, Software Maintenance, Production Support and/or Development Support (each defined below) to provide support to third parties, (d) using Subscription Services in connection with any redistribution of Software and/or (e) using Subscription Services to support or maintain any non-Red Hat Software products without purchasing Subscription Services for each instance of such non-Red Hat Product for which you use Subscription Services. For the purposes of this paragraph (for example, in calculating the total number of Units of Software), Software would include versions or copies that have the Red Hat trademark(s) and/or logo file(s) removed. The licenses that are applicable to the individual open source software packages are perpetual (subject to your compliance with their terms), but the other benefits of a Software Subscription will expire if not renewed.,

Appears in 1 contract

Samples: Enterprise Agreement

Use of Software and Subscription Services. While you have subscriptions entitling you to receive Subscription Services for a Red Hat Product, you are required to purchase Subscription Services in a quantity equal to the total number of Units of that Red Hat Product (including variants or components thereof). In addition, if you are using Subscription Services to support or maintain a Red Hat Product and/or non-Red Hat Product, then you are required to purchase Subscription Services for each instance of such Red Hat Product and/or non-Red Hat Product for which you use Subscription Services. The Agreement (including pricing) is premised on our understanding that you will use the Subscription Services and Software only for your internal use (which includes Affiliates). You agree not to use Software Subscriptions with higher support service levels (e.g. Standard and/or Premium) to provide such higher support levels to Units with Subscriptions that include lower support levels (e.g. Self-support and/or Standard), unless you report and pay for the higher support service levels on such Units. You may migrate from one Unit of a given Software Subscription to another Unit with the same Subscription Services characteristics (such as from one on-premise System or Physical Node to another on-premise System or Physical Node) without the purchase of additional Software Subscriptions, provided that you do not increase the quantity of Units or other Software Subscription characteristics (such as the number of Socket-pairs, Virtual Guests or vCPUs). Distributing the A Software or any portion of the Subscription Services provides you with ongoing access to a third party variety of services for your personal (internal) use. Accordingly, providing our services to, or using any of the Subscription Services for the benefit of a third party (for example, using Subscription Services to provide hosting services, managed services, Internet service provider (ISP) services, or third party access to or use of the Subscription Services) is a material breach of the Agreement even though the open source licenses applicable to individual software packages may give you the right to distribute those packages (and this Appendix is not intended to interfere with your rights under those individual licenses)Agreement. The foregoing sentence is not intended to limit your internal use of the Software to run a web site and/or to offer your own software as a service, provided such a web site or service (a) does not include a distribution distribution, sale or resale of any of the Software or Subscription Services and (b) provides as the primary component of the web site or service a material value added application or service other than the Software and/or Subscription Services. The Subscription Services may be used under the terms of this Appendix by third parties acting on your behalf, such as contractors, subcontractors or outsourcing vendors provided (i) you remain responsible for all of your obligations under the Agreement and this Appendix and for the activities and omissions of the third parties and (ii) you obtain Red Hat’s 's written consent before you migrate your Software Subscriptions off of your premises and, in the case of a migration to a third party cloud or hosting provider, you are qualified for the Red Hat Cloud Access program and agree to the terms of Red Hat’s 's Cloud Access program as set forth in Exhibit 1.J. Any unauthorized use of the Subscription Services is a material breach of the Agreement, such as (a) only purchasing or renewing Subscription Services based on some, but not all, of the total number of Units of Software or other Red Hat Products, (b) providing Software Access or Software Maintenance (each defined below) to third parties, (c) using Software Access, Software Maintenance, Production Support and/or Development Support (each defined below) to provide support to third parties, (d) using Subscription Services in connection with any redistribution of Software and/or (e) using Subscription Services to support or maintain any non-Red Hat Software products without purchasing Subscription Services for each instance of such non-Red Hat Product for which you use Subscription Services. For the purposes of this paragraph (for example, in calculating the total number of Units of Software), Software would include versions or copies that have the Red Hat trademark(s) and/or logo file(s) removed. The licenses that are applicable to the individual open source software packages are perpetual (subject to your compliance with their terms), but the other benefits of a Software Subscription will expire if not renewed.,

Appears in 1 contract

Samples: Red Hat Enterprise Agreement

Use of Software and Subscription Services. While you have subscriptions entitling you to receive Subscription Services for a Red Hat Product, you are required to purchase Subscription Services in a quantity equal to the total number of Units of that Red Hat Product (including variants or components thereof). In addition, if you are using Subscription Services to support or maintain a Red Hat Product and/or non-Red Hat Product, then you are required to purchase Subscription Services for each instance of such Red Hat Product and/or non-Red Hat Product for which you use Subscription Services. The Agreement (including pricing) is premised on our understanding that you will use the Subscription Services and Software only for your internal use (which includes Affiliates). You agree not to use Software Subscriptions with higher support service levels (e.g. Standard and/or Premium) to provide such higher support levels to Units with Subscriptions that include lower support levels (e.g. Self-support and/or Standard), unless you report and pay for the higher support service levels on such Units. You may migrate from one Unit of a given Software Subscription to another Unit with the same Subscription Services characteristics (such as from one on-premise System or Physical Node to another on-premise System or Physical Node) without the purchase of additional Software Subscriptions, provided that you do not increase the quantity of Units or other Software Subscription characteristics (such as the number of Socket-pairs, Virtual Guests Guests, vCPUs or vCPUsManaged Nodes). Distributing the A Software or any portion of the Subscription Services provides you with ongoing access to a third party variety of services for your personal (internal) use. Accordingly, providing our services to, or using any of the Subscription Services for the benefit of a third party (for example, using Subscription Services to provide hosting services, managed services, Internet service provider (ISP) services, or third party access to or use of the Subscription Services) is a material breach of the Agreement even though the open source licenses applicable to individual software packages may give you the right to distribute those packages (and this Appendix is not intended to interfere with your rights under those individual licenses)Agreement. The foregoing sentence is not intended to limit your internal use of the Software to run a web site and/or to offer your own software as a service, provided such a web site or service (a) does not include a distribution distribution, sale or resale of any of the Software or Subscription Services and (b) provides as the primary component of the web site or service a material value added application or service other than the Software and/or Subscription Services. The Subscription Services may be used under the terms of this Appendix by third parties acting on your behalf, such as contractors, subcontractors or outsourcing vendors provided (i) you remain responsible for all of your obligations under the Agreement and this Appendix and for the activities and omissions of the third parties and (ii) you obtain Red Hat’s written consent before you migrate your Software Subscriptions off of your premises andor, in the case of a migration to a third party cloud or hosting provider, you are qualified for the Red Hat Cloud Access program and agree to the terms of Red Hat’s Cloud Access program as set forth in Exhibit 1.J. 1.I. Any unauthorized use of the Subscription Services is a material breach of the Agreement, such as (a) only purchasing or renewing Subscription Services based on some, but not all, of the total number of Units of Software or other Red Hat Products, (b) providing Software Access or Software Maintenance (each defined below) to third parties, (c) using Software Access, Software Maintenance, Production Support and/or Development Support (each defined below) to provide support to third parties, (d) using Subscription Services in connection with any redistribution of Software and/or (e) using Subscription Services to support or maintain any non-Red Hat Software products without purchasing Subscription Services for each instance of such non-Red Hat Product for which you use Subscription Services. For the purposes of this paragraph (for example, in calculating the total number of Units of Software), Software would include versions or copies that have the Red Hat trademark(s) and/or logo file(s) removed. The licenses that are applicable to the individual open source software packages are perpetual (subject to your compliance with their terms), but the other benefits of a Software Subscription will expire if not renewed.,

Appears in 1 contract

Samples: Enterprise Agreement

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