Software Agreements Clause Samples

Software Agreements. A. Shrink/Click-wrap License Agreement

Software Agreements. Partner is responsible for securing, and may only distribute the Product and maintenance and support thereof to Customers subject to the Software License Agreement and Maintenance Agreement. Partners may not modify or amend the terms and conditions of the Software Agreements with regard to TimeXtender Product without the written approval of TimeXtender. Partner shall assume full responsibility towards Customer for any deviation from Marketing Materials, Software License Agreement and other documents provided by TimeXtender and shall indemnify TimeXtender from any claim by Customer based on such according to section 7e. Sales Summary Document. Partner shall provide all appropriate information required by TimeXtender in addition to completed Software Agreements for purposes of appropriate revenue booking and shipping of product to Customer and/or partners. Pricing. Partner may establish the prices and discounts at which Partner offers the Product to Customers within the Territory. TimeXtender will provide Partner with TimeXtender Product Pricing Sheets in effect from time to time containing TimeXtender’s suggested prices for the Product and Maintenance services. The recommended prices will not affect Partner’s right to establish Partner’s own list prices, discounts or the prices that Partner actually charges any Customer, excluding Maintenance.

Software Agreements. For your convenience, Milestone may make third-party software available to you through or in connection with the Milestone Services. All such software is owned or licensed by third parties, and your downloading and use of the software is subject to the applicable End User License Agreement. Milestone has no control over or responsibility or liability for any software downloaded from or in connection with the Milestone Services, and Milestone makes no representations, warranties or conditions regarding the software. Your downloading and use of the software and your dealings with the owners and providers of the software is at your own risk, and you may not make any claim against Milestone arising out of, connected with, or relating to your downloading and use of any software. The provisions of this Agreement under the section headed Disclaimers, Liability Exclusion, Liability Limitation and Indemnity apply, with all necessary modifications, to your downloading and use of any software downloaded from or in connection with the Milestone Services.

Software Agreements. OptiSeis may cause software to be available for you to download from the Website or through other Websites and Internet resources. The software is protected by copyright, and your downloading and use of the software is governed by the applicable transaction agreement and the Software Licence Agreement specific to the software. By downloading software, you signify your agreement and acceptance of the applicable transaction agreement and Software Licence Agreement.

Software Agreements. Upon expiration or termination for any reason ------------------- reason of this Agreement, Distributor may at its option, and only in the event of USSI's request, assign or perfect the assignment to USSI or its designee of all Software Agreements executed with customers and notify these customers of such assignment. Notwithstanding Subsections 12(a)(2) and (3) above, if Distributor elects not to assign the Software Agreements, Distributor may retain the items of Information that are reasonably necessary for use exclusively in fulfilling Distributor's existing obligations under the unassigned Software Agreements for up to twenty-four (24) months. Upon expiration of such twenty-four (24) month period, Distributor will, at USSI's option, destroy or deliver such items to USSI or its designee. The above 24 month period shall be extended for the same period of time, if any, that USSI fails to meet its milestones as set forth in the Project Plan referenced in Section 11.d.

Software Agreements. In the event Distributor has intentionally and ------------------- willfully breached Davox's intellectual property rights, Distributor will, at Davox's request, assign or perfect the assignment to Davox or its designee of all Software Agreements executed with customers and notify these customers of such assignment.

Software Agreements. 1) Customers acquiring Term Subcription Software Agreement and SaaS Software Service Agreement under this Contract shall hold, use and operate such agreements to compliance with the Term Subcription Software Agreement and SaaS Software Service Agreement set forth in Appendix D and Appendix E of this Contract. No changes to these Agreements terms and conditions may be made unless previously agreed to between Vendor and DIR. Customers may not add, delete or alter any of the language in Appendix D and Appendix E; provided however, that a Customer and Vendor may agree to additional terms and conditions that do not diminish a term or condition in the Term Subcription Software Agreement and the SaaS Services Agreement, or in any manner lessen the rights or protections of Customer or the responsibilities or liabilities of Vendor or order Fulfiller shall make the Term Subcription Software Agreement and SaaS Software Service Agreement terms and conditions available to all Customers at all times. 2) Compliance with Appendix D and E Agreements are the responsibility of the Customer. DIR shall not be responsible for any Customer’s compliance with these Agreement. If DIR purchases Term Subcription Software and/or SaaS Software Service Agreement for its own use under this Contract, it shall be responsible for its compliance with the Term Subcription Software Agreement and SaaS Software Service Agrement terms and conditions.

Software Agreements. Synopsys represents and warrants that: a. each Software Agreement is a valid and binding agreement of Synopsys enforceable against Synopsys in accordance with its terms and Synopsys does not have any knowledge that any Software Agreement is not a valid and binding agreement of the other parties thereto; b. Synopsys has fulfilled all material obligations required pursuant to the Software Agreements to have been performed by Synopsys on its part prior to the Effective Date; c. Synopsys is not in breach of or default under any Software Agreement and no event has occurred which with the passage of time or giving of notice or both would constitute such a default, result in a loss of rights, or result in the creation of any lien, charge or encumbrance, thereunder or pursuant thereto; and d. to the best knowledge of Synopsys, there is no existing breach or default by any other party to any Software Agreement, and no event has occurred which with the passage of time or giving notice or both would constitute a default by such other party, result in a loss of rights or result in the creation of any lien, charge or encumbrance thereunder or pursuant thereto.

Software Agreements. Internet Services Agreement between Favorite Brands International, Inc. and KSI-Net56 dated December 17, 1997.