Examples of ES&S Software in a sentence
All Updates shall be deemed to be ES&S Software for purposes of this Agreement upon delivery.
Customer shall be responsible to ensure that it has installed and is using only certified versions of ES&S Software in accordance with applicable law.
If Customer proposes changes in the ES&S Software to ES&S, such proposals will become ES&S’ property.
All licensed items shall be deemed to be ES&S Software for purposes of this Exhibit A.
Customer shall keep the ES&S Software and related Documentation free and clear of all claims, liens and encumbrances and shall maintain all copyright, trademark, patent or other intellectual or proprietary rights notices that are set forth on the ES&S Equipment, the ES&S Software, the Documentation, training materials and ballots that are provided, and all permitted copies of the foregoing.
The Software License, Maintenance and Support Fee shall be comprised of (i) a fee for the Software License, Maintenance and Support provided for the ES&S Firmware, and (ii) a fee for the Software License, Maintenance and Support provided for all other ES&S Software, and shall be in addition to any fees or charges separately referred to in any Section of this Exhibit A.
During the Initial License Term or any License Renewal Term, ES&S may provide new releases, upgrades or maintenance patches to the ES&S Software, together with appropriate Documentation (“Updates”), on a schedule defined by ES&S.
All replaced components of the ES&S Equipment or ES&S Software will become the property of ES&S.
Any repaired or replaced item of ES&S Equipment or ES&S Software shall be warranted only for the unexpired term of the Warranty Period.
Risk of loss for the ES&S Equipment and ES&S Software shall pass to Customer when such items are delivered to Customer’s designated location.