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Xxxxx Software Sample Clauses

Xxxxx Software. (a) Subject to the terms and conditions of this Agreement, Xxxxx hereby grants to SAVVIS a non-exclusive, non-transferable (except as set forth in Section 37.1), non-sublicensable (except as set forth in this Section 20.1), limited, revocable right to operate the Xxxxx Software set forth on Schedule P and, to the extent permissible under any applicable third party agreements, the Xxxxx Third Party Software, solely for the purpose of providing and solely to the extent necessary to provide the Services to Xxxxx hereunder. SAVVIS will, except as permitted by law, refrain from taking any steps to modify, reverse assemble, reverse engineer, reverse compile or otherwise derive a Source Code version of the Xxxxx Software and/or Xxxxx Third Party Software for which rights are granted under this paragraph. The Xxxxx Software and Xxxxx Third Party Software shall at all times remain the sole and exclusive property of Xxxxx or its suppliers. (b) SAVVIS may sublicense, to the extent permissible under the applicable third party agreements (if any), to SAVVIS Agents the right to operate and use the Xxxxx Software set forth on Schedule P, and the Xxxxx Third Party Software, solely to the extent necessary to provide the Services that such SAVVIS Agents are responsible for providing to Xxxxx in accordance with this Agreement.
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Xxxxx SoftwareThe XXXXX software licensed to Customer hereunder is licensed on a Concurrent User License basis. If, at any time, Pearson later permits Customer to increase the number of concurrent users that may use such Licensed Product, such additional licenses shall also be subject to the terms and conditions of this Agreement (unless Pearson provides new terms and conditions to Customer at the time such additional licenses are granted, in which case such new terms and conditions shall apply). SUPPORT AND SERVICES POLICIES
Xxxxx SoftwareUse of the Software is governed by these Terms. Xxxxxx.Xxxxx delivers the Software via download and Xxxxxx.Xxxxx will not provide you with any tangible copy of the Software. Subject to your compliance with the Terms, Xxxxxx.Xxxxx grants you a non-assignable, non-transferable, non-sublicensable, revocable, and non-exclusive license to use the Software on computers you own or control solely for your personal or internal business purposes. Because the Software is locally installed, you are responsible for the security of the device on which it is installed, including ensuring that you keep anti-virus software current and otherwise protect the device on which the Software is installed against malware. Xxxxxx.Xxxxx is not responsible for any loss or damages – including loss of funds or lockout from accounts accessed via the Software – resulting from your failure to keep the device on which the Software is installed safe and free of any malware. Xxxxxx.Xxxxx cannot recover passwords or unlock account information stored on the Software in any circumstances, including if the Software is compromised by malware on your computer, and it is your sole responsibility to take all reasonable precautions to secure and backup your copy of the Software and the information stored on it.
Xxxxx Software. Licensee's use of the ----------------------------------------- XXX.Xxxxx Software is subject to the following additional terms and conditions:
Xxxxx Software. Xxxxx and its licensors are the sole owners of the Xxxxx Software and the SaaS Services and of all copyright, trade secret, patent, trademark and other intellectual property rights in and to the Xxxxx Software and the SaaS Services (including any modifications or improvements made to the Xxxxx Software or Xxxxx Platform in the course of providing any services hereunder), and this Agreement does not provide Customer with title to or ownership of the Xxxxx Software, the SaaS Services, or any copies or modifications thereof, but only a right of limited, remote use under the terms and conditions of this Agreement. In addition to the restrictions set forth in Section 2.2, Customer shall not access, attempt to access, copy, modify, reverse engineer, nor interfere with the Xxxxx Software, the SaaS Services or Robin’s computer systems except as permitted by the functionality of the Xxxxx Software accessed via the Internet.
Xxxxx Software. [Vault]11 the 5th Circuit Court refused to enforce the terms of a licence agreement because some terms of the agreement were preempted by federal copyright and patent law. At the district court level, it was stated that the shrinkwrap licence was a contract of adhesion that was only enforceable if the Louisiana statute, explicitly validating the shrinkwrap licence, was valid and not preempted by federal copyright law. The Court concluded the Louisiana statute was not valid, at least to the extent that its provisions were contrary to federal copyright policy on the prohibition of copying for any purpose and prohibition on reverse engineering. More recently, in ProCD, Inc. x. Xxxxxxxxxx, [ProCD]12 it was held that a shrinkwrap licence was binding on the purchaser. In this case, the purchaser had notice of the licence terms as there was a disclaimer on the outside of the box indicating the transaction was subject to a software licence. Under the terms contained inside the box, the purchaser had a right to return the software if the terms were unacceptable. The Court noted that shrinkwrap licences are enforceable as a general matter unless their terms are objectionable on grounds applicable to contract, such as violation of a rule of positive law or unconscionability. There remains little doubt that EULAs can be enforced by courts subject only to substantive contract law. An agreement may be unenforceable if it breaches the established rules of contract law, such as unconscionability.13 Clearly, questions remain about the enforceability of properly drafted shrinkwrap, clickwrap and browsewrap agreements, although many jurisdictions have upheld their enforcement. For the time being, browsewrap and shrinkwrap 10 939 F.2d 91 (3rd Cir. 1991). 11 847 F.2d 255 (5th Cir. 1988) [Vault].
Xxxxx SoftwareTo the extent permitted by the licenses or leases in respect of the Xxxxx Third Party Software, but without limiting Xxxxx’x obligations under Article 17 and the provisions of Section 3.11, Xxxxx hereby grants to PSC, at no cost to PSC, solely to provide the Services, a non-exclusive, non-transferable right to (1) use, (2) copy for archival purposes or as may otherwise be required by this Agreement and (3) modify the Xxxxx Software; provided, however, that PSC may not decompile, disassemble or otherwise reverse engineer the Xxxxx Software in any manner. As of the Effective Date, Xxxxx shall, at no cost to PSC, provide PSC with access to the Xxxxx Software in the form in use by Xxxxx as of the Effective Date. Subject to Section 14.07 and Article 25, PSC may sublicense to PSC’s subcontractors the right to have access to and operate the Xxxxx Software as may be necessary in connection with the provision of the Services. PSC shall not purge source code to any Xxxxx Software without the prior written consent of THC. Except as otherwise agreed by the Parties, rights granted to PSC in this Section 16.01 shall expire upon the later of the expiration or the termination of this Agreement for any reason or the expiration of the Termination Assistance Period.
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Xxxxx Software 

Related to Xxxxx Software

  • Licensed Software Computer program(s) provided by Contractor in connection with the Deliverables, subject to Section 14 of this Contract.

  • Third Party Software 1. The Software may contain third party software that requires and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions are located at xxxx://xxx.xxxxxxxxx.xxx/thirdparty/index.html and are made a part of and incorporated by reference into this XXXX. By accepting this XXXX, You are also accepting the additional terms and conditions, if any, set forth therein.

  • Embedded Software To the extent any goods contain Embedded Software (defined below) that is not Buyer’s Property, no title to such Embedded Software shall pass to Buyer, and Supplier shall grant Buyer, its customers and all other users a non-exclusive worldwide, irrevocable, perpetual, royalty-free right to use, load, install, execute, demonstrate, market, test, resell, sublicense and distribute such Embedded Software as an integral part of such goods or for servicing the goods (the “Buyer-Required License”). If such Embedded Software or any part thereof is owned by a third party, prior to delivery, Supplier shall obtain the Buyer-Required License from such third-party owner. “Embedded Software” means software necessary for operation of goods and embedded in and delivered as an integral part of goods.

  • Antivirus software All workstations, laptops and other systems that process and/or store PHI COUNTY discloses to CONTRACTOR or CONTRACTOR creates, receives, maintains, or transmits on behalf of COUNTY must have installed and actively use comprehensive anti-virus software solution with automatic updates scheduled at least daily.

  • Server Software Subject to the terms and conditions of this XXXX, Vocera grants you the non-exclusive right to (i) install and run (“Use”) the Server Software on computer systems (each, a “Server Computer”) located at End User’s Facilities in the geographic territory designated above (“Territory”); (ii) to Use the Client Software in conjunction with Authorized Client Devices and such Server Computers; and (iii) for pilot licenses for certain Software provided on a trial basis, use such Software for the limited term specified by Vocera in writing. You may Use the standard Server Software on one primary Server Computer (or a primary cluster of computers suitably configured for productive use of the Server Software). You may install backup copies of the Server Software on backup Server Computers to provide redundancy in the event of failure of the primary Server Computer(s) but, unless you have acquired additional licenses or a failover license from Vocera, you may not run such backup or additional copies concurrently with the primary copies. Vocera grants you the right to use the applicable License Key issued by Vocera only to enable Use of the Server Software in conjunction with the licensed Server Computers. Server Software may be licensed for a Subscription Term as specified in the Quote.

  • Open Source Software The Software product may include certain open source components that are subject to open source licenses (“Open Source Software”), in which case, the embedded Open Source Software is owned by a third party. The Open Source Software is not subject to the terms and conditions of this XXXX. Instead, each item of Open Source Software is licensed under its applicable license terms which accompanies such Open Source Software. Nothing in this XXXX limits your rights under, nor grants you rights that supersede, the terms and conditions of any applicable license terms for the Open Source Software. Any fees charged by GC in connection with the SOFTWARE, do not apply to the Open Source Software for which fees may not be charged under the applicable license terms. The terms and conditions of the applicable license for the Open Source Software are available on the LICENSE.txt file, which is provided with the SOFTWARE.

  • Proprietary Software Depending upon the products and services You elect to access through Electronic Access, You may be provided software owned by BNY Mellon or licensed to BNY Mellon by a BNY Mellon Supplier (“Proprietary Software”). You are granted a limited, non-exclusive, non-transferable license to install the Proprietary Software on Your authorized computer system (including mobile devices registered with BNY Mellon) and to use the Proprietary Software solely for Your own internal purposes in connection with Electronic Access and solely for the purposes for which it is provided to You. You and Your Users may make copies of the Proprietary Software for backup purposes only, provided all copyright and other proprietary information included in the original copy of the Proprietary Software are reproduced in or on such backup copies. You shall not reverse engineer, disassemble, decompile or attempt to determine the source code for, any Proprietary Software. Any attempt to circumvent or penetrate security of Electronic Access is strictly prohibited.

  • Software Updates XXXXX agrees to keep current with software licensed from Skyward and will install new versions on a timeline approved by XXXXX governance. This timeline will be communicated by NWRDC to the Districts.

  • Hardware and Software In order to use the Services, you must obtain and maintain, at your expense, compatible hardware and software as specified by Credit Union from time to time. Credit Union is not responsible for any third party software you may need to use the Services. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at time of download and installation.

  • Software Inclusions Restrictions

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