SPECIFIC PROVISIONS FOR CERTAIN DS OFFERINGS Sample Clauses
The "Specific Provisions for Certain DS Offerings" clause defines tailored terms and conditions that apply exclusively to designated digital service (DS) offerings within an agreement. This clause outlines unique requirements, limitations, or procedures that differ from the general terms, such as special service levels, pricing structures, or compliance obligations relevant only to those particular offerings. By isolating these provisions, the clause ensures that the distinct characteristics and needs of certain DS offerings are clearly addressed, thereby reducing ambiguity and aligning expectations between the parties.
SPECIFIC PROVISIONS FOR CERTAIN DS OFFERINGS. As an exception to the Agreement, as long as the corresponding license for the Licensed Programs is valid, DS grants Customer a non- exclusive, non-transferable license to prepare Derivative Works of the Value Added Technology only. Customer may distribute such Derivative Works of the Value Added Technology to third parties exclusively in Object Code form. In addition, Customer is granted the right to modify, copy, and distribute those parts of the Value Added Technology expressly marked as “sample code,” if applicable. However, Customer shall not use, and shall not permit any third party to use, any form or part of the Value Added Technology (including without limitation, such as included in a Source Code Output File, a Binary Output File and/or Obfuscated Source Code) to develop a software program competing or intended to compete directly or indirectly with the Licensed Programs to which this OST applies, for whatever purpose. For the avoidance of doubt and without prejudice to the Agreement, distribution of any element of the Value Added Technology in whatever form (whether “as is” or included in a Derivative Work, Customer Model, Customer Application or Binary Output File, and/or “sample code”), as authorized pursuant hereto remains subject to the export and re-export laws and regulations provisions of the Agreement. In addition, Customer shall indemnify and defend DS against any claim, expense, cost (including reasonable attorneys’ fees), judgment, damage, or loss of any kind arising out of or in any way relating to, such distribution and/or any third party’s access to or use of such Value Added Technology in whatever form. Notwithstanding any term or condition of the Agreement, DS shall have no obligation whatsoever to defend or indemnify Customer against any claim arising out of or in any way relating to the distribution or redistribution, directly or indirectly, including as part of any services, of the Value Added Technology in whatever form (including, without limitation, such as included in a Customer Model, a Binary Output File or a Customer Application).
SPECIFIC PROVISIONS FOR CERTAIN DS OFFERINGS. To execute certain DS Offerings ordered under a Named User Based licensing scheme, a System License of another DS Offering may be required.
SPECIFIC PROVISIONS FOR CERTAIN DS OFFERINGS. The Licensed Program named Pinpoint (5NP-PIN) to which this OST applies may be granted thru Remote Access for Extended Enterprise Users.
SPECIFIC PROVISIONS FOR CERTAIN DS OFFERINGS. LOST, STOLEN OR DAMAGED SENTINEL/▇▇▇▇▇▇. The following provisions will apply if DS provides to Customer one or more Sentinels and/or Dongles in connection with Customer’s licensed use of Licensed Programs. Each Sentinel and Dongle and all intellectual property rights therein will remain the property of DS and/or its applicable suppliers. Customer (i) will not part with possession of a Sentinel and/or Dongle,
SPECIFIC PROVISIONS FOR CERTAIN DS OFFERINGS. LOST, STOLEN OR DAMAGED SENTINEL/▇▇▇▇▇▇. The following provisions will apply if DS provides to Customer one or more Sentinels/Dongles in connection with Customer’s licensed use of Licensed Programs. Each Sentinel/Dongle and all intellectual property rights therein will remain the property of DS and/or its applicable suppliers. Customer (i) will not part with possession of a Sentinel/Dongle, (ii) will ensure that each Sentinel/Dongle is kept in a safe and secure place, (iii) will take all measures necessary to keep confidential the Sentinel/Dongle, (iv) will not disclose or otherwise make available any Sentinel/Dongle to any person except employees of Customer with a need to know for purposes of this Agreement; and (v) will not reverse engineer or reverse assemble any Sentinel/Dongle or alter or remove any proprietary rights or copyright notice or identification which indicates DS’s ownership of a Sentinel/Dongle. If a Sentinel/Dongle is lost or stolen, DS will provide a replacement provided that an officer of Customer makes a statutory declaration on a form prescribed by DS, and Customer pays to DS the replacement fee prescribed by DS. Upon termination of this Agreement, Customer will return each Sentinel/Dongle to DS.
SPECIFIC PROVISIONS FOR CERTAIN DS OFFERINGS. The Licensed Program named Semiconductor Design Specialist (5NP-PIN) to which this OST applies may be granted thru Remote Access for Extended Enterprise Users.
SPECIFIC PROVISIONS FOR CERTAIN DS OFFERINGS. Center Of Excellence (5MP-ACE) and Center Of Excellence for an additional site (5MP-1CE) DS Offerings: For System License based licensing scheme, licenses for such DS Offerings are granted for use on Machine(s) by the Users or the Affiliate’s Users only for a determined number of identified Sites, as listed in the Transaction Document and for which the licenses are ordered. A System License for a Center Of Excellence for an additional site (5MP-1CE) DS Offering requires a System License of the Center Of Excellence (5MP- ACE) DS Offering to be executed. Time & Labor (5MP-ATL) and Time & Labor - for 1 Employee (5MP-T1L) DS Offerings: For System License based licensing scheme, licenses for such DS Offerings are granted for use on Machine(s) by the Users or the Affiliate’s Users only (i) on the Site or Satellite Site and (ii) for a determined number of Customer’s or Affiliate’s employees, as identified in the Transaction Document and for which the licenses are ordered. A System License for a Time & Labor - for 1 Employee (5MP-T1L) DS Offering requires a System License of the Time & Labor (5MP-ATL) DS Offering to be executed.
SPECIFIC PROVISIONS FOR CERTAIN DS OFFERINGS. The following definitions will prevail on definitions mentioned in section 5.3 for the specified Licensed Programs
SPECIFIC PROVISIONS FOR CERTAIN DS OFFERINGS. Additional information for ISI (InSite Integration Adaptor – Simple), IMI (InSite Integration Adaptor – Moderate) and ICI (InSite Integration Adaptor – Complex) Licensed Programs: • Within the Licensed Programs to which this OST applies, several types of adaptors are available: o The list of adaptors authorized by ISI Licensed Program are the ones identified as “Simple” in the Documentation of this DS Offering, o The list of adaptors authorized by IMI Licensed Program are the ones identified as “Moderate” in the Documentation of this DS Offering, o The list of adaptors authorized by ICI Licensed Program are the ones identified as “Complex” in the Documentation of this DS Offering. • The grant of one license of a DS Offering authorizes use of one and only one of available adaptors. As a consequence, if several adaptors are required, then Customer needs as many licenses of a said DS Offering as number of required adaptors. • The selection of the adaptor(s) cannot be changed by Customer after the delivery of the Licensed Program(s).
SPECIFIC PROVISIONS FOR CERTAIN DS OFFERINGS. To execute certain DS Offerings ordered under a Named User Based, Credit Based or Token Based licensing scheme and to be able to have access to a virtual exclusive environment, Customer must be current with the rights to use and access one (1) Proxem Virtual Exclusive Environment (5MP-PVP-OP) DS Offering ordered under the System License licensing scheme. Each Proxem Document Pack (5TB-PXT-S-OC) or Proxem Document Pack (5TB-PXT-S-OP) Online Service is eligible for production purpose for a capacity of ten thousand (10,000) Documents, unless specified differently in the Documentation, under a Token Based licensing scheme. Customer must order the number of Proxem Document Pack (5TB-PXT-S-OC) or Proxem Document Pack (5TB-PXT-S-OP) Online Services to address the global number of Documents required by Customer. Once the total number of Token Based Documents ordered by the Customer is reached, Customer must order additional Proxem Document Pack (5TB-PXT-S-OC) or Proxem Document Pack (5TB-PXT-S-OP) DS Offerings to manage additional Documents. Each Proxem Document Flow Pack (5TB-PXC-S-OC) or Proxem Document Flow Pack (5TB-PXC-S-OP) Online Service is eligible for production purpose for a capacity of ten thousand (10,000) Documents, unless specified differently in the Documentation, under a Credit Based licensing scheme. Customer must order the required number of Proxem Document Flow Pack (5TB-PXC-S-OC) or Proxem Document Flow Pack (5TB-PXC-S-OP) Online Services to address the number of Documents to be treated and managed by the DS Offerings on a yearly basis. Once the total number of Credit Based Documents ordered by the Customer for an annual period is reached, Customer must order additional Proxem Document Flow Pack (5TB-PXC-S-OC) or Proxem Document Flow Pack (5TB-PXC-S-OP) DS Offerings to manage additional Documents for the remaining period.