Escrow of Software Sample Clauses

The Escrow of Software clause establishes that a copy of the software's source code and related materials will be deposited with a neutral third-party escrow agent. This arrangement typically applies when a licensee relies on the software for critical operations and wants assurance of continued access in case the licensor fails to support or maintain the software, such as due to bankruptcy or breach of contract. The core function of this clause is to protect the licensee by ensuring they can obtain the source code under specified conditions, thereby mitigating the risk of losing access to essential software.
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Escrow of Software. StormMQ agrees to provide the source code of all versions of the Software Solution that are covered by this Agreement to an escrow agent selected by mutual agreement who will hold in escrow the source code of those software components described in Schedule C as being appropriate for escrow throughout the term of this Agreement. Schedule C also describes the Non-Escrow Software which will not be supplied for escrow under this Agreement. In the event that StormMQ, for any reason, is (i) unable to provide ▇▇▇▇▇ with the Software Solution, services and support for the Software Solution, or the use of the Software Solution, (ii) discontinues its business operations, or (iii) becomes insolvent, ▇▇▇▇▇ shall have the immediate right to the Software Solution source code held in escrow and shall have a non-exclusive, world-wide, perpetual licence to use the Software Solution, as identified in Schedule A to this Agreement, for the ▇▇▇▇▇ Business Purpose within the Market. The costs of the escrow provision, including the services of the escrow agent, will be met by ▇▇▇▇▇. The terms of service of the escrow agent and the detailed escrow terms will be agreed separately between the Parties, such agreement to be reasonably reached and discussed in good faith with best endeavours, and with clear reference to the content and intent of this Agreement.
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Escrow of Software. On the Closing Date, the Company shall deliver to one copy of the Software to Fort ▇▇▇▇ (the "ESCROW AGENT"), which copy shall serve as a prototype of the Software delivered to ActaMed on the Closing Date and which copy shall be made available to UHC for the defense of any claims by ActaMed or others regarding the functionality and performance of the Software.
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Escrow of Software. H.O. Software shall contract with a third party (the "Escrow Provider") for the on-going storage and protection of the source code and related documentation for the Licensed Software and other products made available to Customer under this Agreement. The Escrow provider shall be mutually agreed to by H.O. Software and the Customer. Immediately following the execution of the escrow contract, H.O. shall deposit with the Escrow Provider a copy of the source code and related documentation for the release or releases of the Licensed Software being made available to the Customer. Further, as additional versions of the Licensed Software are created and issued by H.O., H.O. will provide copies of source code and related documentation to the Escrow Provider within 30 days of the new version being utilized by the Customer. The term of the escrow contract shall coincide with the term of this Agreement. The escrow contract will be established such that deposited materials may only be released to the Customer under the following conditions: o H.O. or any subsequent acquirer of H.O. ceases operations as a provider of the Licensed Software; or
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Escrow of Software. To afford protection to LICENSEE, NEW PARADIGM maintains the source code for the SOFTWARE SYSTEM in escrow with an established independent escrow agent. 11.
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Escrow of Software. The Software, including, without limitation, all source code, and all Updates and Upgrades thereof or thereto, shall be placed in escrow by QOS within thirty (30) days after the date hereof and maintained in accordance with an Escrow Agreement. The Escrow Agreement shall be among IQO and QOS and a mutually acceptable independent third party that customarily serves as an escrow agent for companies seeking to place software in escrow and will provide that the Software and all Updates and Upgrades thereof or thereto will be released from escrow to IQO in the event of the bankruptcy or dissolution of QOS.
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Escrow of Software. Within 90 days of the execution of this license agreement, HO Software shall contract with a third party Escrow Provider for the on-going storage and protection of the source code and related documentation for all products made available to Customer under this License Agreement. The Escrow provider shall be mutually agreed to by HO Software and the Customer. Immediately following the execution of the contract HO shall deposit, with the Escrow provider, a copy of the source code and related documentation for the release or releases of software being made available to the Customer. Further, as additional versions of the software are created and issued by HO, HO will provide copies of source code and related documentation to the Escrow Provider within 30 days of the new version being utilized by the Customer. The term of the Escrow agreement shall coincide with the term of this license agreement. The Escrow contract will be established such that deposited materials may only be released to the Customer under the following conditions: HO Software or any subsequent acquirer of HO Software ceases operation as a provider of the HO Cellular Information Management System (HO CIMS); HO Software ceases to provide Maintenance as defined in paragraph 6 for a period of 12 consecutive months; It is understood that the release of deposited materials shall be solely to allow the Customer to continue using the software for the originally intended purposes as defined else where in this license agreement. Under no circumstances will the release of deposited materials to Customer be for any purpose other than for Customer to use for internal processing of the Customer's transactions. Customer represents that it has read this Agreement and understands and agrees to all terms and conditions stated herein. ACCEPTED: ACCEPTED:
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Escrow of Software 
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Related to Escrow of Software

  • Limited Software Warranty MyECheck represents, warrants, and covenants that: MyECheck warrants to the original end user (“Customer”), and not to subsequent end users, of the Extreme Networks software product (“Software”) that for ninety (90) days from the date of installation of the Software from MyECheck, the Software shall substantially conform with the specification for the Software at the (“Documentation”). MyECheck does not warrant (i) that the Software is error free, (ii) that Customer will be able to operate the Software without problems or interruptions or (iii) that the Software will be free of vulnerability to intrusion or attack. Except for the limited warranty set forth in this section, the Software is provided “AS IS.”

  • Software Warranty We warrant that the Tyler Software will perform without Defects during the term of this Agreement. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the maintenance and support process set forth in Section C(9), below, the SLA and our then current Support Call Process.

  • Malicious Software Any software program or code intended to destroy, interfere with, corrupt, or cause undesired effects on program files, data or other information, executable code or application software macros, whether or not its operation is immediate or delayed, and whether the malicious software is introduced wilfully, negligently or without knowledge of its existence. Management Charge The sum paid by the Supplier to CCS being an amount of up to 1% but currently set at 0.75% of all Charges for the Services invoiced to Buyers (net of VAT) in each month throughout the duration of the Framework Agreement and thereafter, until the expiry or End of any Call-Off Contract. Management Information The management information specified in Framework Agreement Schedule 6. Material Breach Those breaches which have been expressly set out as a Material Breach and any other single serious breach or persistent failure to perform as required under this Call-Off Contract.

  • Third Party Software The Software may contain third party software which requires notices and/or additional terms and conditions. Such required Third Party Software notices and/or additional terms and conditions are located at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇▇-third-party/ (or a successor website thereto) and are made a part of and incorporated by reference into this Agreement.

  • Embedded Software To the extent any goods contain Embedded Software (defined below) that is not Buyer’s Property, no title to such Embedded Software shall pass to Buyer, and Supplier shall grant Buyer, its customers and all other users a non-exclusive worldwide, irrevocable, perpetual, royalty-free right to use, load, install, execute, demonstrate, market, test, resell, sublicense and distribute such Embedded Software as an integral part of such goods or for servicing the goods (the “Buyer-Required License”). If such Embedded Software or any part thereof is owned by a third party, prior to delivery, Supplier shall obtain the Buyer-Required License from such third-party owner. “Embedded Software” means software necessary for operation of goods and embedded in and delivered as an integral part of goods.