Common use of Licensing Arrangements Clause in Contracts

Licensing Arrangements. The Provider declares that the Software is a work within the meaning of Section 2(2) of the CA, to which the Provider exercises proprietary copyrights. For the duration of the Licensing Period, the Provider grants the User the right to use the Software, subject to the following conditions and to the following (exclusive) extent: User is authorized to install or use the Software on End devices of End Users; End Users are entitled to use all the functions of the Software, depending on its variant, exclusively for the purpose of performing their work duties in relation to the User; the licence is worldwide; the licence is granted for the Licensing Period as non-exclusive and the User is not obliged to use the licence (the right of use as defined in this Article hereinafter referred to as the "Licence"). The user is entitled to use 1 Licence for number of substocks (substock is a group of fish from one stock, which are bred in one tank) as specified in the order. The number of substocks shall be determined by the highest number of substocks used by the User during the relevant Licencing period of this Agreement. A reduction/ non-utilization on the User’s side of the number of substocks shall not entitle the User to a refund of either the Licence Fee or the Service Fee. In the event that the User needs a greater number of substocks than originally anticipated, the Parties shall conclude an amendment to this Agreement to increase the number of licensed substocks; the billing provisions of this Agreement shall apply similarly. Without the prior written consent of the Provider, the User is not entitled to grant the Licence or any part thereof for use, transfer or assignment to a third party, in whole or in part, even in the case of transfer of the User's plant or any part thereof. The Licence shall not be transferred to the User's successor in title without the prior written consent of the Provider. The Parties have agreed on a Free trial period.

Appears in 2 contracts

Sources: Licensing Agreements, Licensing Agreements