Nature of the Software Sample Clauses

The "Nature of the Software" clause defines the essential characteristics and intended use of the software being provided under the agreement. It typically outlines whether the software is custom-developed, off-the-shelf, or a modified version, and may specify its main functionalities, limitations, or compatibility requirements. By clearly describing what the software is and is not, this clause helps set expectations for both parties and reduces the risk of misunderstandings or disputes regarding the software's capabilities.
Nature of the Software. The Software is commercially licensed software. It is not open-source, freeware or shareware.
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Nature of the Software. 7.1 On-premise software The Software is an on-premise software that requires its installation in Licensee’s compatible computing systems (the “Systems”) which must comply with the necessary minimum specifications set out in the Instructions (the “ Software Technical Requirements”). It is the Licensee’s sole responsibility that the System complies with said requirements. The Licensor disclaims any liability for any incidence or malfunction of the Software that may arise as a consequence of the Systems or the integration of the Software thereto. The Licensee acknowledges and accepts that some of the features of the Software may not be fully operational due to the characteristics of the Systems. The Licensee shall be solely responsible for adopting appropriate security measures to protect the Software at the Location. The Licensor shall in no event be liable for the adequacy of such measures and the impact they may have on the Software. In any case, the Licensee shall immediately notify the Licensor of any security incidents relating to the Software of which it may become aware and keep the Licensor harmless of any damages or prejudices arising therefrom. 7.2 Open source software In the event that the Software contains components provided by third parties under an open source software licensing model, these will be identified following the terms set therein.
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Nature of the Software. The KNIME Software offers a platform that Customer can use – depending on the concrete scope of the selected software – to create its own data science applications, services, solutions, and information. It is Customer's responsibility to ensure that the use of applications, services, solutions, and information developed by the Customer via the platform does not have any negative effects for the Customer.
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Nature of the Software. The Software is commercially licensed software. It is not open-source, freeware or shareware. The licence fee payable for use of the Software in accordance with this Licence Agreement is as specified in any supplementary Services Agreement entered into between the Licensee and the Licensor.
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Nature of the Software. 2.1 The Software is commercially licensed software and not open-source, freeware or shareware. The first month following the commencement of the License Agreement shall be a trial period (the “Trial Period”). Following the Trial Period, the licence fee for every month of Use of the Software in accordance with this Licence Agreement is an amount payable every month in advance of the applicable month, and has been or shall be agreed between the Licensee and the Licensor (“Monthly License Fee”). In the event a Monthly License Fee is not agreed between the Licensee and the Licensor, and has not been paid by the Licensee to the Licensor prior to the first month of Use after the Trial Period, the Licensee’s access to the Software and the License Agreement shall be suspended until the Monthly License Fee is agreed and paid, and if none is agreed within a reasonable time in the discretion of the Licensor, the License Agreement shall be terminated by the Licensor. The Monthly License Fee shall be invoiced monthly in advance, and shall become due and payable within a reasonable time following any such invoice, but at all times prior to the commencement of the month of Use to which the Monthly Payment Fee payment applies. 2.2 The Licensee shall notify the Licensor in writing of any dispute with any invoice (along with all relevant details regarding the dispute) within 5 days from the date of invoice. Invoices for which no such timely notification is received shall be deemed accepted by the Licensee as true and correct. All undisputed late payments shall bear interest at the lesser of the rate of 1.5% per month or the highest rate permissible under applicable law, calculated daily and compounded monthly. In addition to all other remedies available under this Agreement or at law (which the Licensor does not waive by the exercise of any rights hereunder), the Licensor shall be entitled to suspend the Licensee's use of the Licensed Software indefinitely if the Licensee fails to pay any amount when due hereunder and such failure continues for 4 days from the due date.
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Nature of the Software. The Software is commercially licensed software. It is not open-source, freeware or shareware. The licence fee payable for Use of the Software in accordance with this Licence Agreement is listed on the product purchase web page at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/download-buy.php. 2.1 The Software contains Third Party Software Components that require notices and/or additional terms and conditions. The notices and/or additional terms and conditions can be found at: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/help/open-source- licenses.html.
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Nature of the Software. System Environment The nature of the Software shall be based exclusively on the Order Form / the order confirmation in connection with the documentation to the Software in its version available at conclusion of the Agreement. The Customer shall make available the system environment in accordance with the requirements in the Order Form / order confirmation or the CoL and the related documentation. The Customer shall install the Software itself and shall configure it.
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Related to Nature of the Software

  • Use of the Software TO THE EXTENT OF A CONFLICT BETWEEN THE PROVISIONS OF THE FOREGOING DOCUMENTS, THE ORDER OF PRECEDENCE SHALL BE (1)THE SIGNED CONTRACT, (2) THE CLICK-ACCEPT AGREEMENT OR THIRD PARTY LICENSE AGREEMENT, AND

  • The Software The End User shall be granted to receive one copy of the Software and the Documentation and to load, install and properly use the Software for the maximum number of servers and users or workflows determined in the Form of Agreement and under the terms and conditions of this ▇▇▇▇ and the ELP. The Form of Agreement contains specific conditions valid for the agreement between the Licensor and the End User for the specific license. References to this ▇▇▇▇ within the present document include the reference to the Form of Agreement concluded with the End User. The Software Licenses defined, described in this document give the rights solely for the Eventus software and no other software or hardware or any other kind of components, unless otherwise stated.

  • Description of the Services 1.1 The scope of the service to be rendered is described more fully in the Annexures and Schedules referred to below: ❑ Annexure A – Scope / Specification ❑ Annexure C – Pricing Schedule The Deliverables, due for completion by and governed by this Schedule 1. In the event that the Service Provider fails to meet the delivery dates as agreed, the following penalties will be imposed:

  • Use of the Services 1.1 We will make the Oracle services listed in Your order (the “Services”) available to You pursuant to this Agreement and Your order. Except as otherwise stated in this Agreement or Your order, You have the non- exclusive, worldwide, limited right to use the Services during the period defined in Your order, unless earlier terminated in accordance with this Agreement or Your order (the “Services Period”), solely for Your internal business operations. You may allow Your Users (as defined below) to use the Services for this purpose, and You are responsible for their compliance with this Agreement and Your order. 1.2 The Service Specifications describe and govern the Services. During the Services Period, we may update the Services and Service Specifications (with the exception of the Data Processing Agreement as described below) to reflect changes in, among other things, laws, regulations, rules, technology, industry practices, patterns of system use, and availability of Third Party Content (as defined below). Oracle updates to the Services or Service Specifications will not materially reduce the level of performance, functionality, security or availability of the Services during the Services Period of Your order. 1.3 You may not, and may not cause or permit others to: (a) use the Services to harass any person; cause damage or injury to any person or property; publish any material that is false, defamatory, harassing or obscene; violate privacy rights; promote bigotry, racism, hatred or harm; send unsolicited bulk e-mail, junk mail, spam or chain letters; infringe property rights; or otherwise violate applicable laws, ordinances or regulations; (b) perform or disclose any benchmarking or availability testing of the Services; (c) perform or disclose any performance or vulnerability testing of the Services without Oracle’s prior written approval, or perform or disclose network discovery, port and service identification, vulnerability scanning, password cracking or remote access testing of the Services; or (d) use the Services to perform cyber currency or crypto currency mining ((a) through (d) collectively, the “Acceptable Use Policy”). In addition to other rights that we have in this Agreement and Your order, we have the right to take remedial action if the Acceptable Use Policy is violated, and such remedial action may include removing or disabling access to material that violates the policy.

  • 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.