TCS Software Clause Samples

The "TCS Software" clause defines the rights and obligations related to software provided by Tata Consultancy Services (TCS) under an agreement. Typically, this clause specifies what constitutes TCS Software, outlines any restrictions on its use, and may address issues such as licensing, intellectual property ownership, and permitted modifications or distribution. For example, it might clarify that the client can use the software only for internal business purposes and cannot share it with third parties. The core function of this clause is to clearly delineate the scope of use and ownership of the software, thereby protecting TCS’s intellectual property and ensuring both parties understand their rights and limitations regarding the software.
TCS Software. All TCS Software furnished as part of the Work shall be suitable for its intended purpose and free from programming errors affecting performance and from defects in workmanship and materials and shall operate in conformity with the performance capabilities, specifications, functions and other applicable descriptions and standards set forth in the Contract Documents, and such Software shall conform to the standards generally observed in the industry for similar Software. All TCS Software shall be compatible with the TCS equipment. THE SOFTWARE WARRANTIES SET FORTH IN THIS SECTION 11.1.3 ARE EXCLUSIVE AND ARE IN LIEU OF ANY IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
TCS Software. Schedule K lists the TCS Software (including TCS Project Tools and TCS Productivity Tools), and TCS Third Party Software that TCS will provide in connection with the Services at no additional cost. Any license or other fees associated with such Software shall be TCS’ sole responsibility. Attachment A to Schedule K describes the optional TCS Productivity Tools along with applicable license fees and usage charges. Attachment B to the Schedule K describes TCS Software which will be used by TCS only in providing the Services (e.g., ▇▇▇▇▇▇▇ will not need to use the Software), and ▇▇▇▇▇▇▇ will not be granted any license to use such TCS Software.
TCS Software. (including TCS Productivity and TCS Project Tools) (a) TCS shall not introduce any TCS Software, TCS Project Tools or TCS Productivity Tools other than as described in Schedule K and subject to the Change Control Procedure, without ▇▇▇▇▇▇▇'▇ prior written approval, which approval Nielsen may withhold in its discretion and which must be signed by ▇▇▇▇▇▇▇’▇ Global Project Manager, without delegation. If Nielsen provides its approval, TCS may use such TCS Software, TCS Project Tools or TCS Productivity Tools described in Schedule K and charge Nielsen the usage charges described in Schedule K in addition to the Charges and fees for Services. For the avoidance of doubt, each time that Nielsen provides its approval for TCS to introduce any TCS Software, TCS Project Tools, or TCS Productivity Tools in accordance with this Section 14.4(a), such approved TCS Software, TCS Project Tools, or TCS Productivity Tools, and usage fees associated therewith, shall be added to Schedule K. (b) To the extent it is reasonably necessary for Nielsen to receive or use the Services, Deliverables and Developed Software, TCS grants to Nielsen during the Term a non-exclusive, worldwide, fully paid up license to use such TCS Software and TCS Project Tools described in Schedule K, and any TCS-made improvements or derivative works thereof, (excluding TCS Productivity Tools described in Attachment A to Schedule K), ** solely for the receipt and use of Services, Deliverables and Developed Software for the benefit of Nielsen (with a right to Nielsen to allow Affiliates and contractors of Nielsen to access and use such TCS Software ,TCS Project Tools, and any such TCS-made improvements or derivative works thereof, solely to provide services to Nielsen in connection with the Services, Deliverables and Developed Software, subject to TCS’ reasonable requirement for confidentiality requirements). The license granted pursuant to this Section 14.4(b) shall extend perpetually beyond the Term without charge if any such TCS Software and TCS Project Tools described in Schedule K, and any TCS-made improvements or derivative works thereof (excluding TCS Productivity Tools described in Schedule K), is a TCS product not commercially available to others. If any such TCS Software and TCS Project Tools described in Schedule K, and any TCS-made improvements or derivative works thereof, (excluding TCS Productivity Tools described in Schedule K) is a TCS product commercially offered to others by TCS, subject to...
TCS Software. The Programs (in Object Code only) owned by TCS which consist of wireless communications application software, together with related services. TCS Software is to be provided to End-Users by Compaq in unmodified form.
TCS Software. (a) If TCS (or its Affiliate acting in conjunction with TCS) desires to license to ▇▇▇▇▇▇▇ computer software that (i) is part of TCS’ (or such Affiliate’s) commercial offerings, (ii) has not previously been used by TCS to provide the Services to ▇▇▇▇▇▇▇, and (iii) is not then licensed to ▇▇▇▇▇▇▇ (e.g., a renewal or expansion is being considered, licenses that have lapsed for more than an insubstantial period of time shall not qualify) (or at the time it was first licensed to ▇▇▇▇▇▇▇ it was deemed TCS Commercially Available Software), TCS (or such Affiliate) may suggest to ▇▇▇▇▇▇▇ that such computer software be licensed to ▇▇▇▇▇▇▇ provided that (x) TCS assist ▇▇▇▇▇▇▇ in completing a formal software selection process to identify and evaluate competitive offerings provided by unaffiliated third parties, (y) ▇▇▇▇▇▇▇ concludes that such software selection process establishes that there is at least one bona fide competitive alternatives available to meet ▇▇▇▇▇▇▇’▇ requirements, and (z) if ▇▇▇▇▇▇▇ selects the TCS software and executes a license agreement therefor before TCS has introduced such software into ▇▇▇▇▇▇▇’▇ environment, then such TCS software shall be deemed “TCS Commercially Available Software”. (b) All software of TCS and its Affiliates that is not TCS Commercially Available Software shall be deemed “TCS Non-Commercially Available Software”.

Related to TCS Software

  • Embedded Software To the extent any goods contain Embedded Software (defined below) that is not Buyer’s Property, no title to such Embedded Software shall pass to Buyer, and Supplier shall grant Buyer, its customers and all other users a non-exclusive worldwide, irrevocable, perpetual, royalty-free right to use, load, install, execute, demonstrate, market, test, resell, sublicense and distribute such Embedded Software as an integral part of such goods or for servicing the goods (the “Buyer-Required License”). If such Embedded Software or any part thereof is owned by a third party, prior to delivery, Supplier shall obtain the Buyer-Required License from such third-party owner. “Embedded Software” means software necessary for operation of goods and embedded in and delivered as an integral part of goods.

  • Antivirus software All workstations, laptops and other systems that process and/or store PHI COUNTY discloses to CONTRACTOR or CONTRACTOR creates, receives, maintains, or transmits on behalf of COUNTY must have installed and actively use comprehensive anti-virus software solution with automatic updates scheduled at least daily.

  • Licensed Software Computer program(s) provided by Contractor in connection with the Deliverables, subject to Section 14 of this Contract.

  • 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.

  • Server Software Subject to the terms and conditions of this ▇▇▇▇, Vocera grants you the non-exclusive right to (i) install and run (“Use”) the Server Software on computer systems (each, a “Server Computer”) located at End User’s Facilities in the geographic territory designated above (“Territory”); (ii) to Use the Client Software in conjunction with Authorized Client Devices and such Server Computers; and (iii) for pilot licenses for certain Software provided on a trial basis, use such Software for the limited term specified by Vocera in writing. You may Use the standard Server Software on one primary Server Computer (or a primary cluster of computers suitably configured for productive use of the Server Software). You may install backup copies of the Server Software on backup Server Computers to provide redundancy in the event of failure of the primary Server Computer(s) but, unless you have acquired additional licenses or a failover license from Vocera, you may not run such backup or additional copies concurrently with the primary copies. Vocera grants you the right to use the applicable License Key issued by Vocera only to enable Use of the Server Software in conjunction with the licensed Server Computers. Server Software may be licensed for a Subscription Term as specified in the Quote.