LICENSE AND PROTECTION Clause Samples

LICENSE AND PROTECTION. 2.1 Pervasive grants to You or Your Company, subject to the following terms and conditions, a nonexclusive, non- transferable right to use the Host Software on a single Network Server, and a nonexclusive, nontransferable right to use the Client Software on one or more Terminals. In addition, You or Your Company without charge, may reproduce copies of the Client Software solely for this purpose, provided You and Your Company do not receive any payment, commercial benefit, or other consideration for such reproduction or use, or change or omit any proprietary rights notices appearing on or in the Host Software or Client Software, or distribute the same outside Your Company, or exceed the User Count limitations of the Host Software. 2.2 The license granted in Section 2.1 is subject to the following: (i) If a Client Terminal access the Network Host, whether through your LAN, Intranet, the Internet, or other remote access, such Client Terminal is includ- ed in the User Count as one independent client attached to the Network Host, even if such Client Terminal accesses the Network Host by connecting to or through a separate device which in turn accesses the Network Host; (ii) If a Non-Client Terminal accesses the Network Host through your LAN or other remote access (except for Internet or Intranet access), such Non-Client Terminal is included in the User Count as one independent client attached to the Network Host, even if such Client Terminal accesses the Network Host by connecting to or through a separate device which in turn accesses the Network Host; (iii) If a Non-Client Terminal not physical- ly connected to your LAN accesses the Network Host through the Internet or your Intranet, and You or Your Company have paid the appropriate fees for, and have been granted, an Internet/Intranet License, then such Non- Client Terminal is not included in the User Count as one independent client attached to the Network Host, but rather, the device to or through which such Non-Client Terminal accesses the Network Host is included in the User Count, and an unlimited number of Non-Client Terminals may access the Network Host through that device; provided that if You or Your Company add another such device to allow additional Non-Client Terminals to access the Network Host, an additional Internet/Intranet License will need to be purchased and such additional device will be included in the User Count. 2.3 Pervasive reserves all rights not expressly granted to You or Your Compan...
View Source
LICENSE AND PROTECTION. 2.1 Pervasive grants to You or Your Company, subject to the following terms and conditions, a nonexclusive, nontransferable right to use the Software to control backing up a single Database Engine. 2.2 Pervasive reserves all rights not expressly granted to You or Your Company.
View Source
LICENSE AND PROTECTION. 2.1 Pervasive grants to You, subject to the terms and conditions of this Agreement, a nonexclusive, nontransferable, nonsublicensable (except in accordance with Section 2.2 below) right to reproduce, install, and use the Software on a number of Terminals (the “Primary Terminals”) that is not greater than the Authorized Copy Limit and to distribute the Software in accordance with Section 2.2 below. In addition to the copies permitted above, You may make one (1) copy of Software for archival and backup purposes. All proprietary notices contained on the Software must be reproduced and included on all copies. 2.2 You are authorized to distribute the Software to Your customers provided that: (i) You include this Agreement, in paper and/or electronic click-through format, with each copy of the Software you distribute; (ii) Your internal use of the Software in addition to Your distribution of the Software does not exceed the Authorized Copy Limit; and (iii) You remain responsible for compliance with the terms of this Agreement by the customers who receive the Software from You. If You reach the Authorized Copy Limit and desire to install and/or distribute additional copies of the Software, then You must purchase additional Licenses from Pervasive. 2.3 Unless otherwise specified in a writing signed by an authorized representative of Pervasive, the database engine of the Software installed on a single Terminal may not be simultaneously accessed by more than five (5) users at the same time (including the user of the Terminal on which the Software is installed). You are prohibited from using the database engine in the Workgroup edition of the Software to provide connectivity for Internet or Intranet applications, unless You have purchased an Internet/Intranet License. Revision Date: July 6, 2007 4 112-04394-001 2.4 Use with Virtualization Technologies. You may use the Software on a virtual (or otherwise emulated) Terminal which is an instance of a Primary Terminal (each a “Guest Terminal”). If You do so, then You must purchase licenses for each Guest Terminal on which the Software is installed and used in addition to the licenses for the Primary Terminal on which the Software installed and used. 2.5 Pervasive and its licensors reserve all rights not expressly granted to You.
View Source
LICENSE AND PROTECTION. 2.1 Pervasive grants to You, subject to the terms and conditions of this Agreement, a nonexclusive, nontransferable, nonsublicensable (except in accordance with Section 2.2 below) right to reproduce, install, and use the Software on a number of Terminals that is not greater than the Authorized Copy Limit and to distribute the Software in accordance with Section 2.2 below. In addition to the copies permitted above, You may make one (1) copy of Software for archival and backup purposes. All proprietary notices contained on the Software must be reproduced and included on all copies. 2.2 You are authorized to distribute the Software to Your customers provided that: (i) You include this Agreement, in paper and/or electronic click-through format, with each copy of the Software you distribute; (ii) Your internal use of the Software in addition to Your distribution of the Software does not exceed the Authorized Copy Limit; and (iii) You remain responsible for compliance with the terms of this Agreement by the customers who receive the Software from You. If You reach the Authorized Copy Limit and desire to install and/or distribute additional copies of the Software, You must purchase additional Licenses from Pervasive. 2.3 Unless otherwise specified in a writing signed by an authorized representative of Pervasive, the database engine of the Software installed on a single Terminal may not be simultaneously accessed by more than five (5) users at the same time (including the user of the Terminal on which the Software is installed). You are prohibited from using the database engine in the Workgroup edition of the Software to provide connectivity for Internet or Intranet applications, unless You have purchased an Internet/Intranet License. 2.4 Pervasive reserves all rights not expressly granted to You.
View Source
LICENSE AND PROTECTION 
View SourceView Similar (3)

Related to LICENSE AND PROTECTION

  • Safety and Protection Where applicable, the PERFORMING PARTY shall be responsible for requiring employees, contractors, and subcontractors to maintain and supervise all necessary safety precautions and programs in connection with the Grant Activities. The PERFORMING PARTY shall take all necessary precautions to protect the health and safety of the public during performance of the Grant Activities.

  • Intellectual Property Protection The Group Companies shall establish and maintain appropriate intellectual inspection system to protect the Proprietary Rights of the Group Companies. The Group Companies shall, and the Founders shall cause the Group Companies to fully comply with the laws and regulations in respect of the protection of the Proprietary Rights and refrain from infringing the Proprietary Rights of other parties. Ecommerce Company shall, and the other Warrantors shall procure Ecommerce Company to, use its best efforts to obtain as soon as possible and maintain the registration of the core trademarks used in the Business (including without limitation, the marks of “perfect diary”, “完美日记” and the combination of the foregoing) in the appropriate goods and services (including without limitation, cosmetics, cosmetics tools and advertisement). The Group Companies shall take all necessary or desirable actions to protect their trademarks, including initiating trademark petitions against any trademark applications filed by any third party for a trademark identical or similar to the Group Companies’ trademarks.

  • SAFETY AND PROTECTION OF PROPERTY The Contractor shall at all times: A. Initiate, maintain and supervise all safety precautions and programs in connection with its services or performance of its operations under this contract. B. Take all reasonable precautions to prevent injury to employees, including County employees and all other persons affected by their operations. C. Take all reasonable precautions to prevent damage or loss to property of Orange County, or of other Contractors, consultants or agencies and shall be held responsible for replacing or repairing any such loss or damage. D. Comply with all ordinances, rules, regulations, standards and lawful orders from authority bearing on the safety of persons or property or their protection from damage, injury or loss. This includes but is not limited to: o Occupational Safety and Health Act (OSHA) o National Institute for Occupational Safety & Health (NIOSH) o National Fire Protection Association (NFPA) o American Society of Heating, Refrigeration & Air-Conditioning Engineers (ASHRAE) E. The Contractor shall also comply with the guidelines set forth in the Orange County Safety & Health Manual. The manual can be accessed online at the address listed below:

  • PATENT PROTECTION 10.1. LICENSEE shall be responsible for all past, present and future costs of filing, prosecution and maintenance of all United States patent applications contained in the LICENSED PATENTS. Any and all such United States patent applications, and resulting issued patents, shall remain the property of YALE. 10.2. LICENSEE shall be responsible for all past, present and future costs of filing, prosecution and maintenance of all foreign patent applications, and patents contained in the LICENSED PATENTS in the countries outside the United States in the LICENSED TERRITORY selected by YALE and agreed to by LICENSEE. All such applications or patents shall remain the property of YALE. 10.3. If LICENSEE does not agree to pay the expenses of filing, prosecuting or maintaining a patent application or patent in any country outside the United States, or fails to pay the expenses of filing, prosecuting or maintaining a patent application or patent in the United States, then the LICENSE with respect to such patent application or patent shall terminate automatically with respect to that country. 10.4. The costs mentioned in Sections 10.2 and 10.3 shall include, but are not limited to, any past, present and future taxes, annuities, working fees, maintenance fees, renewal and extension charges. Payment of such costs shall be made, at YALE’s option, either directly to patent counsel or by reimbursement to YALE. In either case, LICENSEE shall make payment directly to the appropriate party within thirty (30) days of receiving its invoice. If LICENSEE fails to make payment to YALE or patent counsel, as appropriate, within the thirty (30) day period, LICENSEE shall be charged a five percent (5%) surcharge on the invoiced amount per month or fraction thereof or such other amount (higher or lower) as may be charged by patent counsel. Failure of LICENSEE to pay the surcharge shall be grounds for termination by YALE under Section 13.1 as and to the extent the same constitutes a TERMINATION EVENT. 10.5. All patent applications under the LICENSED PATENTS shall be prepared, prosecuted, filed and maintained by independent patent counsel chosen by YALE and reasonably acceptable to LICENSEE. Said independent patent counsel shall be ultimately responsible to YALE. LICENSEE shall have the right to retain, at its own expense, separate patent counsel to advise LICENSEE regarding such patent matters. YALE shall instruct its patent counsel to keep YALE, LICENSEE and LICENSEE’s patent counsel, if any, fully informed of the progress of all patent applications and patents, and to give both YALE and LICENSEE reasonable opportunity to comment on the type and scope of useful claims and the nature of supporting disclosures and other matters in the course of patent prosecution and maintenance. YALE will not finally abandon any patent application for which LICENSEE is bearing expenses without LICENSEE’s consent. In making its decisions regarding patent matters YALE shall (1) give due regard to the advice of its patent counsel, (2) instruct its patent counsel to consider any advice offered by LICENSEE’s patent counsel, if any, and (3) conduct such preparation, prosecution and maintenance of patent applications and patents in a manner that is commercially reasonable and with a view to assisting LICENSEE in complying with its obligations under this AGREEMENT and to facilitate LICENSEE’s ability to commercialize PRODUCTS IN CLASS and/or LICENSED METHODS for which royalties will be payable by LICENSEE under Section 6.1. YALE shall have no liability to LICENSEE for damages, whether direct, indirect or incidental, consequential or otherwise, allegedly arising from its good faith decisions, actions and omissions taken in compliance with this AGREEMENT in connection with such patent prosecution. 10.6. LICENSEE shall ▇▇▇▇, and shall require SUBLICENSEES to ▇▇▇▇, all LICENSED PRODUCTS with the numbers of all patents included in LICENSED PATENTS that cover the PRODUCTS IN CLASS. Without limiting the foregoing, all PRODUCTS IN CLASS shall be marked in such a manner as to conform with the patent marking notices required by the law of any country where such PRODUCTS IN CLASS are made, sold, used or shipped, including, but not limited to, the applicable patent laws of that country.

  • PROTECTION OF WORK AND PROPERTY Contractor shall erect and properly maintain at all times, as required by conditions and progress of the Work, all necessary safeguards, signs, barriers, lights, and security persons for protection of workers and the public, and shall post danger signs warning against hazards created by the Work. In an emergency affecting life and safety of life or of Work or of adjoining property, Contractor, without special instruction or authorization from District, is permitted to act at his discretion to prevent such threatened loss or injury.