Excluded Software definition

Excluded Software has the meaning set forth in Section 2.2(h).

Excluded Software means all computer software owned by or licensed for use by the Partnership or its Affiliates, including, without limitation, all source codes, user codes and data, whether on tape, disc or other computerized format, and all related user manuals, computer records, service codes, programs, stored materials and databases (including, without limitation, all access codes and instructions needed to obtain access to and to utilize the information contained on such computer records), together with any and all updates and modifications of all of the foregoing and all copyrights related to the computer software, including without limitation the Customer Database and any customer tracking system, except for software or other items (i) under any Assumed Contract or (ii) used exclusively at the Hotel/Casino, but only to the extent transferable.

Excluded Software means (i) Customized Software; (ii) Embedded Software; and (iii) Experimental Software.

Examples of Excluded Software in a sentence

• Resellers shall advise the LSCA or designee of any Excluded Software Publishers and provide explanations for the non-representation.

• Certain Excluded Software may be covered by open source software licenses (“Open Source Components”), which means any software licenses approved as open source licenses by the Open Source Initiative or any substantially similar licenses, including but not limited to any license that, as a condition of distribution of the software licensed under such license, requires that the distributor make the software available in source code format.

• The Purchaser shall defend and indemnify the Sellers for all third party claims regarding any and all software that is resident on the Transferred Information Technology Hardware, including any software licensed to either of the Sellers under the Excluded Software License Agreements that remains on the Transferred Information Technology Hardware.

• Notwithstanding the foregoing, "Pitney Xxxxx Software" excludes any Pitney Xxxxx proprietary software and any third-party software that is subject to a separate software license agreement ("Excluded Software").

• All obligations with respect to Excluded Software shall be exclusively governed by such separate software license agreement and, in the case of Excluded Software that is third-party software, shall be exclusively owed to Licensee by the third-party licensor thereof.

More Definitions of Excluded Software

Excluded Software means all Software owned, held or operated by Sellers in connection with the Business, excluding Software constituting part of the Mobile Platform or Business Internet Properties.

Excluded Software means any computer software on Schedule 5.1(c) that is designated as “Excluded” or “NA / Discontinued”.

Excluded Software means any computer software used by Seller or any of its Affiliates (including the Companies) in the operation of their respective businesses, including any proprietary casino management computer software developed by Seller or any of its Affiliates (including the Companies).

Excluded Software means all computer software owned by or licensed for use by Flamingo or its Affiliates and all source code, user codes and data, whether on tape, disc or other computerized format, and all related user manuals, computer records, service codes, programs, stored materials and databases (including, without limitation, all access codes and instructions needed to obtain access to and to utilize the information contained on such computer records), together with any and all updates and modifications of all of the foregoing and all copyrights related to the computer software, including, without limitation, the Customer Database and any customer tracking system.

Excluded Software means, as it relates to each Seller, all computer software owned by or licensed for use by such Seller or its Affiliates, including, without limitation, all source codes, user codes and data, whether on tape, disc or other computerized format, and all related user manuals, computer records, service codes, programs, stored materials and databases (including, without limitation, all access codes and instructions needed to obtain access to and to utilize the information contained on such computer records), together with any and all updates and modifications of all of the foregoing and all copyrights related to the computer software, including without limitation the Customer Database and any customer tracking system; provided, however, Excluded Software shall not be deemed to include (i) the Customer List, (ii) the Property Specific Data or (iii) any software for which Buyer has received a license prior to Closing.

Excluded Software see Section 2.04(c).

Excluded Software means the software listed on Schedule 1.1(g) attached hereto.