Common use of Grants to the State Clause in Contracts

Grants to the State. 8.1.1 For Software provided as a SaaS, Contractor hereby grants to the Department a nonexclusive license to: (a) use and access the Contractor Technology, Module and Services, in whole and in part, for supporting the internal operations of the Department and Processing the Data; and, (b) grant Users the right to use and access the Module and Services, in whole or in part. The license hereunder is granted as of the Delivery Date or the date of first access to or delivery of the Contractor Technology, Module, and Services and continue until expiration of the term or earlier termination of the Agreement, subject to Section 23.9.3. 8.1.2 For Software operated on State Equipment or hosted by Contractor on Equipment at a non-State Site other than as a SaaS, Contractor hereby grants to the Department for the Department’s internal purposes and for Processing data for other State agencies and other State tax-supported entities: (a) a nonexclusive, perpetual, non-terminable, irrevocable license to use, demonstrate, modify, prepare derivative works based on, and reproduce the Contractor Technology; (b) a nonexclusive, perpetual license to use, demonstrate, modify, prepare derivative works based on and reproduce Third-Party Software, which Contractor provides to the Department in Source Code format or which the Department receives in whole or in part under Appendix E; and, (c) a nonexclusive, perpetual, license to use and reproduce the Third-Party Software, which Contractor provides to the Department in Executable Code format. The licenses hereunder are granted as of the Delivery Date of the Contractor Technology and Third-Party Software and continue until the Department returns the Contractor Technology and Third-Party Software and copies thereof to Contractor or erases such Software from its Equipment’s storage media. However, the Department will have the right to retain a copy of any such Software for archival purposes.

Grants to the State. 8.1.1 For Software provided as a SaaS, Contractor hereby grants to the Department a nonexclusive license to: (a) use and access the Contractor Technology, Module and Services, in whole and in part, for supporting the internal operations of the Department and Processing the Data; and, (b) grant Users the right to use and access the Module and Services, in whole or in part. The license hereunder is granted as of the Delivery Date or the date of first access to or delivery of the Contractor Technology, Module, and Services and continue until expiration of the term Term or earlier termination of the Agreement, subject to Section 23.9.3. To the extent any Software licensed to the State hereunder constitutes inventory within the meaning of Section 471 of the Internal Revenue Code, such licensed Software is licensed to the State by the Contractor as agent for its product company subsidiary on the terms and conditions contained herein. 8.1.2 For Software operated on State Equipment or hosted by Contractor on Equipment at a non-State Site other than as a SaaS, Contractor hereby grants to the Department for the Department’s internal purposes and for Processing data for other State agencies and other State tax-supported entities: (a) a nonexclusive, perpetual, non-terminable, irrevocable license to use, demonstrate, modify, prepare derivative works based on, and reproduce the Contractor Technology; (b) a nonexclusive, perpetual license to use, demonstrate, modify, prepare derivative works based on and reproduce Third-Party Software, which Contractor provides to the Department in Source Code format or which the Department receives in whole or in part under Appendix E; and, (c) a nonexclusive, perpetual, license to use and reproduce the Third-Party Software, which Contractor provides to the Department in Executable Code format. The licenses hereunder are granted as of the Delivery Date of the Contractor Technology and Third-Party Software and continue until the Department returns the Contractor Technology and Third-Party Software and copies thereof to Contractor or erases such Software from its Equipment’s storage media. However, the Department will have the right to retain a copy of any such Software for archival purposes.