Additional Licensing Requirements and or Use Rights Clause Samples

Additional Licensing Requirements and or Use Rights a. Multiplexing. Multiplexing (sometimes referred to as “pooling”) is a manner of indirect

Additional Licensing Requirements and or Use Rights. Licensee may not use the System to provide business process outsourcing services to the clients of the Licensee. Licensee may however make user licenses of the Licensee available to business process outsourcers acting on behalf of the Licensee and providing services to the business of the Licensee. License may use the System on computers and other devices that are under the day-to-day management and control of third parties, provided all such computers and other devices are and remain fully dedicated to the use of the Licensee. Licensee is responsible for all of the obligations under the licensing agreement regardless of the physical location of the hardware upon which the System is used. License may modify the System only as necessary to use it for the internal business purposes. If Licensee received it in source code form or Licensee or any third party acting on behalf of License has licensed tools from Licensor that allow Licensee or that WKLUG SDUW\ WR PRGLI\L icWenKsoHr i s n6ot\reVspWoHnsPiblVe f¶or anRyEprMobHleFmsWt haFt reRsGultHfr om modifications made to the System. For any modifications, Licensee will indemnify, defend, and hold harmless Licensor from any claims, including DWWRUQH\V¶ IHHV UHODWHG WR DQ\ PRLiGceLnsIeeLs FprDogWraLmsRthQa t inPclDudGe Han y WmoRd ificWatiKonH. 6\VWHP Licensor does not, and will not have any obligation to, provide technical or other support for any modifications to the System. The System is complex computer software. Its performance will vary depending on the hardware platform of Licensee, software interactions, the configuration of the System, and other factors. The System is neither fault tolerant nor free from errors, conflicts, or interruptions. The System may include third party applications that are licensed to Licensee under this agreement or under their own terms. License terms, notices, and acknowledgements, if any, for the Third-Party applications may be accessible in an accompanying notices file. Even if such applications are governed by other agreements, the disclaimer, limitations on, and exclusions of damages also apply to the extent allowed by applicable law. Licensor may provide additional functionality for the System. Other license terms and fees may apply.

Additional Licensing Requirements and or Use Rights a. Distributable Code. The software contains code that You are permitted to include in Authorized Programs if You comply with the terms below. Right to Use and Distribute. The code and text files listed below are “Distributable Code.”

Additional Licensing Requirements and or Use Rights a. No Client Access Licenses (CALs) Required for Access. Under this core license model, you do not need CALs for users or devices to access your instances of the server software.

Additional Licensing Requirements and or Use Rights. Licensee may not use the System to provide business process outsourcing services to the clients of the Licensee. Licensee may however make user licenses of the Licensee available to business process outsourcers acting on behalf of the Licensee and providing services to the business of the Licensee. License may use the System on computers and other devices that are under the day-to-day management and control of third parties, provided all such computers and other devices are and remain fully dedicated to the use of the Licensee. Licensee is responsible for all of the obligations under the licensing agreement regardless of the physical location of the hardware upon which the System is used. License may modify the System only as necessary to use it for the internal business purposes. If Licensee received it in source code form or Licensee or any third party acting on behalf of License has licensed tools from Licensor that allow Licensee or that third party to modify the Systems’ object code. Licensor is not responsible for any problems that result from modifications made to the System. For any modifications, Licensee will indemnify, defend, and hold harmless Licensor from any claims, including attorneys’ fees, related to any modification made to the System or use of Licensees programs that include any modification. Licensor does not, and will not have any obligation to, provide technical or other support for any modifications to the System. The System is complex computer software. Its performance will vary depending on the hardware platform of Licensee, software interactions, the configuration of the System, and other factors. The System is neither fault tolerant nor free from errors, conflicts, or interruptions. The System may include third party applications that are licensed to Licensee under this agreement or under their own terms. License terms, notices, and acknowledgements, if any, for the Third-Party applications may be accessible in an accompanying notices file. Even if such applications are governed by other agreements, the disclaimer, limitations on, and exclusions of damages also apply to the extent allowed by applicable law. Licensor may provide additional functionality for the System. Other license terms and fees may apply.

Additional Licensing Requirements and or Use Rights a. Windows Server 2016 Client Access Licenses (CALs) i. You must acquire and assign the appropriate CAL to each device or user that accesses your instances of the server software directly or indirectly. A hardware partition or blade is considered to be a separate device. Your CALs permit access to your instances of earlier versions, but not later versions, of the server software. If you are accessing instances of an earlier version, you may also use CALs corresponding to that version. You do not need CALs for: · any of your servers licensed to run instances of the server software; · up to two devices or users to access your instances of the server software only to administer those instances; · any instance running in a physical operating system environment used solely to: run hardware virtualization software; provide hardware virtualization services; run software to manage and service operating system environments on the licensed server. · any user or device that accesses the Web Workloads; · any user or device that accesses an HPC Workload. ii. Some server software functionality requires additional CALs, as listed below: · Windows Server 2016 Remote Desktop Services: Windows Server 2016 Remote Desktop Services CAL · Windows Server 2016 Active Directory Rights Management Services: Windows Server 2016 Active Directory Rights Management Services CAL.

Additional Licensing Requirements and or Use Rights. No Client Access Licenses (CALs)

Additional Licensing Requirements and or Use Rights a) Distributable Code. The software contains code that you are permitted to use to run the purchased software package. b) You agree to: • display the valid copyright notice on this program; (accessed via the HPES Logo located on all software package’s opening screen.) • indemnify, defend, and hold harmless Health Professions Education Solutions, LLC from any claims, including attorneys' fees, related to the use of this program.

Additional Licensing Requirements and or Use Rights a. Windows Server 2008 Client Access Licenses (CALs). i. You must acquire and assign the appropriate CAL to each device or user that accesses your instances of the server software directly or indirectly. A hardware partition or blade is considered to be a separate device. • You do not need CALs for any user or device that accesses your instances of the server software only through the Internet without being authenticated or otherwise individually identified by the server software or through any other means. • You do not need CALs for any of your servers licensed to run instances of the server software. • You do not need CALs for up to two devices or users to access your instances of the server software only to administer those instances. • Your CALs permit access to your instances of earlier versions, but not later versions, of the server software. If you are accessing instances of an earlier version, you may also use CALs corresponding to that version. • Up through May 31, 2009, you may use either: • Windows Small Business Server (SBS) 2003 CALS; or • CALs for the next version of SBS following SBS 2003 R2 instead of Windows Server 2008 CALs to access instances of the server software within an SBS domain. After that date, you may no longer use SBS CALs to access instances of the server software. Your CALs for the next version of SBS, however, continue to permit access after May 31, 2009. ii. Some server software functionality requires additional CALs, as listed below. • Windows Server 2008 Terminal Services: Windows Server 2008 Terminal Services CAL • Windows Server 2008 Rights Management Services: Windows Server 2008 Rights Management Services CAL iii. Types of CALs. There are two types of CALs: one for devices and one for users. Each device CAL permits one device, used by any user, to access instances of the server software on your licensed servers. Each user CAL permits one user, using any device, to access instances of the server software on your licensed servers. You may use a combination of device and user CALs.