Licensed Software and Documentation Sample Clauses

Licensed Software and Documentation. Any and all software provided by Mo’mix as part of the Service, including data extraction software, and the Service documentation, sample data, marketing materials, training material and other material provided through the Service or by Mo’mix (Licensed Software and Documentation) are licensed to Customer as follows: Mo’mix grants Customer a non-exclusive license during the Term, to use and copy such Licensed Software and Documentation, solely in connection with the Service.

Licensed Software and Documentation. All software provided by Novo as part of the Service, and the Services documentation, sample data, marketing materials, training material and other material provided through the Services or by Novo (Licensed Software and Documentation) are licensed to Customer as follows: Novo grants Customer a non-exclusive, license during the Term, to such Licensed Software and Documentation, for use solely with the Services.

Licensed Software and Documentation. Subject to the terms and conditions of this Agreement, Openwave grants to Distributor a non-exclusive, non-transferable revocable (in accordance with Section 13), license to (a) use one copy of the Licensed Software, in Object Code only, and the Documentation solely for the purposes of (a) conducting demonstrations for potential customers, (b) supporting End Users that receive the Licensed Software from Distributor, (c) installing and testing the Licensed Software for End Users that receive the Licensed Software from Distributor, and (d) training Distributor's personnel; and

Licensed Software and Documentation. 1. Upon execution of Appendix X by CONTRACTOR, CONTRACTOR shall deliver, at CONTRACTOR’s expense: (i) the necessary/required media and documentation which would be needed to install or re-install the Product; and (ii) one (1) hard copy and one (1) master electronic copy of the Product Documentation necessary to operate the software in a mutually agreeable format. Software media must be in a format specified by OMH (i.e., 3 ½” floppy discs) without requiring any type of conversion. 2. CONTRACTOR hereby grants to OMH a license to make, reproduce (including downloading electronic copies of the Product) and distribute, either electronically or otherwise, copies of Product Documentation as necessary to enjoy full use of the Product in accordance with the terms of the license. 3. CONTRACTOR shall provide OMH with all passwords for users and administrators which are necessary for OMH to enjoy full use of the Product in accordance with the terms of the license, including but not limited to any passwords required to maintain or modify the system (e.g., to add or subtract devices within the system). 4. Nothing in this Agreement is intended to provide OMH with access to the Product source code.

Licensed Software and Documentation. Customer acknowledges and agrees that as between Ad Lightning and Customer, all rights, title and interest in the Licensed Software and Documentation, including related Intellectual Property Rights therein, will remain the exclusive property of Ad Lightning subject only to the rights of third parties in any open source components and materials and information, in any form or medium, that are not proprietary to Ad Lightning and the limited license granted to Customer under this Agreement. No right or license is granted or implied under any of Ad Lightning’s Intellectual Property Rights to use the Licensed Software or to license or authorize others to use the Licensed Software beyond the rights and restrictions set forth in this Agreement. Customer shall not let the Licensed Software be accessed or used by any person other than Customer’s employees or contractors whose duties require such access or use.

Licensed Software and Documentation. Contractor warrants the following with respect to the Licensed Software: (I) Contractor warrants, for County’s benefit only, that the Licensed Standard Software will perform as specified in its user manuals based on the then-current release of the Licensed Standard Software. (II) Contractor represents that all services shall be provided with a reasonable standard of care, in a workmanlike and professional manner; and each of the human resources assigned to perform services for County shall be fully qualified, experienced, and technically trained and shall perform the services in a reasonably cost-efficient manner. (III) Contractor is possessed of superior knowledge with respect to its Response to County’s RFP and warrants, for County’s benefit only, that the items coded ”Proposed System Complies with Requirement” in the Response to County’s RFP, Appendix F: Functional Requirements, will be met as described in Exhibit A, Appendix 10. Contractor is aware that County is relying on Contractor’s skill and judgment in providing these services pursuant to Contractor’s RFP Response. (IV) Contractor has used its best efforts through quality assurance procedures that are consistent with industry best practices to ensure that there are no Computer viruses or undocumented features in the Licensed Software at the time of the delivery to the County. Contractor will take action to remediate any such issues that do arise upon or after delivery to the County in accordance with the Priority 1 procedures in Exhibit C to this Agreement. Contractor warrants that the Licensed Software does not contain any embedded device or code (e.g., time bomb) that is intended to obstruct or prevent the County’s use of the Licensed Software. Notwithstanding any rights granted under this Contract or at law, Contractor hereby waives under any and all circumstances any right it may have or may hereafter have to exercise Electronic Self-Help. Contractor agrees that the County may pursue all remedies provided under law in the event of a breach or threatened breach of this Section, including injunctive or other equitable relief. (V) Contractor shall notify the County if the Licensed Software provided by Contractor under this contract contains any Open Source code and will identify the specific Open Source License that applies to any embedded code that is dependent on Open Source code (VI) Contractor represents that the Licensed Software shall be compatible and shall perform as stated with the Hard...

Licensed Software and Documentation. Licensee acknowledges that it has received the Licensed Software, Server Software, and Documentation (not including the Source Code), found it to be acceptable, and agrees not to make any claims against Duke based upon the performance of the Licensed Software, Server Software, or adequacy of the Documentation.

Licensed Software and Documentation. 6.1 Elo grants ERP a limited, royalty-free, personal, non-exclusive, non-transferable, non- assignable right to use the provided software (hereinafter Software) and related documentation including manuals, handbooks and training materials (“Documentation”), for the sole purpose of ERP's fulfillment of its obligations under this Agreement. This also applies to any Web-based tools, software, and processes that are provided to ERP. Except as specifically provided herein, no license under any intellectual property rights, express or implied, are granted to ERP or Customers. 6.2 If a license agreement between Elo and a third party whose software is included in the Software provided for herein is terminated, ERP shall stop using such software after receiving Elo’s notice. 6.3 Within ten (10) days following the termination of this Addendum or the Agreement, ERP shall return all complete or partial copies of Software, and Documentation and other intellectual property or confidential information of Elo and shall certify such return upon Elo’s request to do so. 6.4 During the term of this Agreement, ERP shall report all licensing of Elo software or third party software to Elo. ERP must allow Elo or the licensors inspection of such licensing reports by appointment. The Elo Software shall not be combined with other third party software, firmware, or products, without the prior written permission of Elo. 6.5 Elo makes no representation or warranty, express, implied or statutory, with respect to the Software or Documentation provided. Software and Documentation are made available to ERP on an "AS IS" basis. Elo does not warrant that the Software and/or documentation are error free, that they will meet ERP's requirements, that their exploitation does not or will not infringe any existing or future patent of another person. ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY PATENTS OR INTELLECTUAL PROPERTY ARE EXPRESSLY DISCLAIMED AND EXCLUDED. THE ENTIRE RISK AS TO THE RESULTS OBTAINED BY PRACTICING UNDER THE SOFTWARE AND UTILIZING THE DOCUMENTATION IS ASSUMED BY ERP. ELO SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, ARISING FROM OR RELATED TO THE OPERATION OR USE OF THE SOFTWARE INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM LOSS OF DATA OR PROGRAMMING, LOSS OF REVENUE OR PROFITS, FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, DAMAGE ...