Definitions. Non-commercial Version" means a version of the Software, so identified, for use by i) the individual who is a natural person and not a corporation, company, partnership or association or other entity or organization (ii) the individual who is a student, faculty or staff member at an educational institution, and
Definitions. Contribution" means:
a) in the case of the initial Contributor, the initial code and documentation distributed under this Agreement, and
b) in the case of each subsequent Contributor:
i) changes to the Program, and
ii) additions to the Program; where such changes and/or additions to the Program originate from and are distributed by that particular Contributor. A Contribution 'originates' from a Contributor if it was added to the Program by such Contributor itself or anyone acting on such Contributor's behalf.
(i) are separate modules of software distributed in conjunction with the Program under their own license agreement, and
(ii) are not derivative works of the Program. "Contributor" means any person or entity that distributes the Program. "Licensed Patents" mean patent claims licensable by a Contributor which are necessarily infringed by the use or sale of its Contribution alone or when combined with the Program. "Program" means the Contributions distributed in accordance with this Agreement. "Recipient" means anyone who receives the Program under this Agreement, including all Contributors.
Definitions. Throughout this Additional conditions the following words shall have the following meanings unless the context otherwise requires: “Document” means any incoming and outgoing document (e.g. a letter, fax, invoice or sales order) submitted to the Service via a secure Internet connection for processing, delivery to a recipient and/or electronic archiving. “Functional Specifications” refers to the technical documentation available on demand, exposing the main characteristics of the process automation services. “Specific Terms” means Customer’s contact information as well as itemized applicable Service fees, the specific web-based software solutions and/or business automation process services purchased by Customer, and the term of this Additional conditions. “The Service” means the service(s) provided by Service Provider to Customers, distributed under the Esker on Demand brand, designed, monitored and maintained by Esker SA, a French SA company with its principal place of business at 113 boulevard de la Bataille de Stalingrad, Villeurbanne, France. “User Interface”: means the portal that Customer uses to manage its account, its contacts and the follow-up of its processed Documents.
Definitions. “Adobe” means Adobe Systems Incorporated, a Delaware corporation, 345 Xxxx Xxxxxx, Xxx Xxxx, Xxxxxxxxxx 00000, xx subsection 12(a) of this agreement applies; otherwise it means Adobe Systems Software Ireland Limited, 4-6 Riverwalk, Citywest Business Campus, Dublin 24, Ireland, a company organized under the laws of Ireland and an affiliate and licensee of Adobe Systems Incorporated. “Compatible Computer” means a Computer that conforms to the system requirements of the Software as specified in the Documentation. “Computer” means a virtual machine or physical personal electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions. “Personal Computer” or “PC” shall mean a hardware product which is designed and marketed with the primary purpose of operating a wide variety of productivity, entertainment, and other software applications provided by unrelated third party software vendors, which operates depending upon the use of a full function and full feature set computer operating system of the type(s) then in widespread use with hardware to operate general purpose laptop, desktop, server, and large format tablet microprocessor based computers. This definition of Personal Computer shall exclude hardware products that are designed and/or marketed to have as their primary purpose any number of the following: television, television receiver, portable media player, audio/video receiver, radio, audio headphone, audio speaker, personal digital assistant (“PDA”), telephone or similar telephony based device, game console, personal video recorder (“PVR”), player for digital versatile disc (“DVD”) or other optical media, video camera, still camera, camcorder, video editing and format conversion device, video image projection device, and shall further exclude any similar type of consumer, professional or industrial device.
(i) Adobe or third party computer information or software, including Adobe ReaderR (“Adobe Reader”), AdobeR AIRR (“Adobe AIR”), Adobe FlashR Player, ShockwaveR Player and AuthorwareR Player (collectively, Adobe AIR and the Flash, Shockwave and Authorware players are the “Adobe Runtimes”);
(ii) related explanatory written materials or files (“Documentation”); and
(iii) fonts; and (b) upgrades, modified versions, updates, additions, and copies of the foregoing, provided to you by Adobe at any time (collectively, “Updates”). “Use” means to access, install, download, copy, o...
Definitions. Throughout this Additional conditions the following words shall have the following meanings unless the context otherwise requires: “Document” means any incoming and outgoing document (e.g. a letter, fax, invoice or sales order) submitted to the Service via a secure Internet connection for processing, delivery to a recipient and/or electronic archiving. “Functional Specifications” refers to the technical documentation available on demand, exposing the main characteristics of the process automation services. “Specific Terms” means Customer’s contact information as well as itemized applicable Service fees, the specific web-based software solutions and/or business automation process services purchased by Customer, and the term of this Additional conditions. “The Service” means the service(s) provided by Service Provider to Customers, distributed under the Esker on Demand brand, designed, monitored and maintained by Esker SA, a French SA company with its principal place of business at 000 xxxxxxxxx xx xx Xxxxxxxx xx Xxxxxxxxxx, Xxxxxxxxxxxx, Xxxxxx. “User Interface”: means the portal that Customer uses to manage its account, its contacts and the follow-up of its processed Documents.
Definitions. The following terms shall be defined as such within this Agreement:
Definitions. Unless defined elsewhere in this Agreement, the capitalized terms utilized in this Agreement are defined below.
9.1.1. “Agreement” means this Qlik User License Agreement, any applicable Product Addendum, and any Order Form(s) and Statement(s) of Work between Qlik and Customer for the provision of Qlik Products or Services.
9.1.2. “Authorized Third Party” means any third party authorized by Customer to access and use Qlik Products designated for external use in the Documentation.
9.1.3. “Authorized Reseller” means a reseller, distributor or other partner authorized by Qlik to sell Qlik Products or Services.
9.1.4. “Authorized User” means an employee or independent contractor of the Customer, who has been authorized by Customer to use the Qlik Products in accordance with the terms and conditions of this Agreement and has been allocated a license for which the applicable fees have been paid.
9.1.5. “Confidential Information” means non-public information that is disclosed by or on behalf of a Party under or in relation to this Agreement that is identified as confidential at the time of disclosure or should be reasonably understood to be confidential or proprietary due to the nature of the information and/or the circumstances surrounding its disclosure. Confidential Information does not include information which, and solely to the extent it:
(i) is generally available to the public other than as a result of a disclosure by the receiving Party or any of its representatives;
(ii) was known to the receiving Party prior to the date hereof on a non-confidential basis from a source other than disclosing Party or its representatives;
(iii) is independently developed by the receiving Party without the benefit of any of the disclosing Party’s Confidential Information;
(iv) becomes lawfully known to the receiving Party on a non-confidential basis from a source (other than disclosing Party or its representatives) who is not prohibited from disclosing the information to the receiving Party by any contractual, legal, fiduciary or other obligation; or (v) was disclosed by the disclosing Party to a third party without an obligation of confidence. In any dispute concerning the applicability of these exclusions, the burden of proof will be on the receiving Party and such proof will be by clear and convincing evidence.
Definitions. Vienna Symphonic Library GmbH is the copyright owner and“Licensor”of the Vienna Ensemble Software, Vienna Instruments Software, Soundware, USB Protection Device (ViennaKey), and accompanying documentation, hereafter referred to as“Software”.“You”,“Your”, and“Licensee”means the person who purchased this license to use this product or for whom the license was purchased.“Documentation” means the manual or guide and any other material provided by the Licensor, in any printed or electronic form, provided with or in connection with the Software.“License”means the license purchased and granted pursuant to this Agreement.
Definitions. (a) “Authorizing SRO” means each of the authorizing self-regulatory organizations
Definitions. 1.1 “Addendum” means an addendum to this Agreement setting forth additional Territory- specific and/or service-specific terms, as made available and as updated by the Company from time to time.
1.2 “Affiliate” means an entity that, directly or indirectly, controls, is under the control of, or is under common control with a party, where control means having more than fifty percent (50%) of the voting stock or other ownership interest or the majority of the voting rights of such entity. 1.3 “Cancellation Fee” has the meaning set forth in Section 4.5.