Common use of Applicable Use Rights Clause in Contracts

Applicable Use Rights. The Product use rights in the SPUR when Customer first provides Software Services with a Product during the term of this SPLA remain in effect for the term of this SPLA, subject to the following: if Microsoft introduces a new version of a Product and Customer uses the new version, Customer must abide by the use rights for the new version; and if Customer provides Software Services with an earlier version of a Product (“Downgrade”) and the Downgrade contains components that are not part of the Product version identified in the applicable Product use rights, then the use rights specific to those components from the SPUR last associated with the Downgrade will apply to those components. During the term of the Agreement, Microsoft may revise the SPUR in order to (1) add use rights for new Products or new versions of Products, (2) to make non-substantive changes, and (3) to remove Products. Removal of Products from the SPUR. Notwithstanding anything to the contrary, if Microsoft notifies Customer of the removal of a Product or Client Software from the SPUR due to an intellectual property infringement claim or in accordance with a court or other governmental order, Customer must immediately cease any use or distribution of the allegedly infringing Product or Client Software. If a Product or Client Software is removed from the SPUR for any other reason, Customer may continue to license the removed Product or Client Software for the term of this SPLA. End User License Agreement applicability. The Agreement supersedes any end user license agreement (“▇▇▇▇”) that may accompany a Product. If a EULA accompanies a fix, the use rights contained in that EULA (but not any warranties from Microsoft) that do not conflict with the SPUR apply.

Appears in 1 contract

Sources: Services Provider License Agreement

Applicable Use Rights. The Product use rights in the SPUR when Customer first provides Software Services with a Product during the term of this SPLA remain in effect for the term of this SPLA, subject to the following: if Microsoft introduces a new version of a Product and Customer uses the new version, Customer must abide by the use rights for the new version; and if Customer provides Software Services with an earlier version of a Product (“Downgrade”) and the Downgrade contains components that are not part of the Product version identified in the applicable Product use rights, then the use rights specific to those components from the SPUR last associated with the Downgrade will apply to those components. During the term of the Agreement, Microsoft may revise the SPUR in order to (1) add use rights for new Products or new versions of Products, (2) to make non-substantive changes, and (3) to remove Products. Removal of Products from the SPUR. Notwithstanding anything to the contrary, if Microsoft notifies Customer of the removal of a Product or Client Software from the SPUR due to an intellectual property infringement claim or in accordance with a court or other governmental order, Customer must immediately cease any use or distribution of the allegedly infringing Product or Client Software. If a Product or Client Software is removed from the SPUR for any other reason, Customer may continue to license the removed Product or Client Software for the term of this SPLA. End User License Agreement applicability. The Agreement supersedes any end user license agreement (“▇▇▇▇”) that may accompany a Product. If a EULA ▇▇▇▇ accompanies a fix, the use rights contained in that EULA ▇▇▇▇ (but not any warranties from Microsoft) that do not conflict with the SPUR apply.

Appears in 1 contract

Sources: Services Provider License Agreement