Commercially Available Software definition

Commercially Available Software means software that is generally and readily available to commercial licensees, (a) the loss of the use of which by any of the Company or any Subsidiary would not be materially adverse to the Company or any Subsidiary and (b) the license to which would be replaceable in the ordinary course on substantially similar terms as the current license to such software.

Commercially Available Software means Software that (i) is generally commercially available and licensed to the Company or its Subsidiaries pursuant to a non-negotiated “off-the-shelf”, “shrinkwrap”, “clickwrap” or website terms of use or terms of service that is easily obtainable without material expense; (ii) has not been modified or customized for the Company or any of its Subsidiaries; and (iii) is licensed to the Company or its Subsidiaries for a one-time fee or an annual fee of $25,000 or less.

Commercially Available Software means “shrink wrap,” “click through,” “browse wrap” or generally available commercial off-the-shelf Software that has not been modified or customized by a third party for the Company or any of its Subsidiaries and that is licensed pursuant to a non-negotiated Contract not requiring a physical signature, including Open Source Materials.

Examples of Commercially Available Software in a sentence

• If the Contractor wishes to use any Third Party Software in relation to the performance of the Services, it shall (wherever reasonably practicable, and except where expressly provided otherwise in Schedule 5.2 (Software)) use Commercially Available Software.

• Schedule 4.13(c) lists all Intellectual Property, excluding any Commercially Available Software, licensed by Terra BDC or the Terra BDC Subsidiaries that is used in the business of Terra BDC or any Terra BDC Subsidiary.

• Section 2.15(c) of the Disclosure Schedule sets forth a true and complete list of all licenses, sublicenses or other agreements to which the Company is a party and pursuant to which the Company is authorized to use any Intellectual Property owned by a third party that is (i) material to the Company and not for Commercially Available Software, or (ii) incorporated in, is or forms a part of any Company Product or Company-Owned Software (collectively, “In-Bound IP Licenses”).

• No licenses (other than In-Bound IP Licenses and Commercially Available Software) or other consents are required from any Person to permit Parent to fully exploit the Company Intellectual Property and otherwise license, sell or distribute the Company Products consistent with the Company's past practice.

• Each copy of any Commercially Available Software used by the Companies or their subsidiaries is used pursuant to, and in accordance with, valid license rights in favor of the Companies or their subsidiaries, other than instances of misuse that could not reasonably be expected to result in a liability of the Companies or their subsidiaries of an aggregate amount in excess of $250,000.

More Definitions of Commercially Available Software

Commercially Available Software means any computer software which is off-the-shelf, generally commercially available pursuant to shrink-wrap, click-through or other standard licensing terms, used by the Company with little or no modification.

Commercially Available Software means commercially available software available on a non-exclusive basis under standard terms and conditions that has not been modified or customized by a third party for the Company.

Commercially Available Software means any computer software which is off-the-shelf, generally commercially available pursuant to shrink-wrap, click-through or other standard licensing terms, used by the Company with little or no modification other than standard integrations.

Commercially Available Software means commonly available off-the-shelf software programs that are generally available on nondiscriminatory pricing terms under which any Acquired Company is the licensee and which any Acquired Company uses in the Ordinary Course of Business.

Commercially Available Software means software provided or licensed to the public under standard terms and conditions, early release or beta test versions of such software and any correction code applied to such software in order to resume the proper operation of such software.

Commercially Available Software means commercially available software that has not been modified or customized by a Third Person for a Party and that is licensed pursuant to a non-negotiated agreement, and for which a Party or its Subsidiaries pay less than $100,000 in licensing or other fees per software title per annum.

Commercially Available Software means Software that (a) is generally commercially available and licensed to the Company pursuant to a non-negotiated “off-the-shelf”, “shrinkwrap”, “clickwrap” or website terms of use or terms of service that is easily obtainable without material expense; (b) has not been modified or customized for the Company; and (c) is licensed to the Company for a one-time fee or an annual fee of $25,000 or less.