Common use of Use of Licensed Products Clause in Contracts

Use of Licensed Products. a) You agree that you will use the Licensed Products and any data generated from the Licensed Products only for business purposes and not for personal, family or household purposes. The Licensed Products include any enhancements, updates, upgrades, modifications, new releases and corrective programming to the Licensed Products or Documentation that are provided as part of software maintenance (“Enhancements”). The Licensed Products will be installed and used only at the location described in an Order or any other location as to which we have consented to the transfer of the Licensed Products in accordance with Section 2(c) (“Installation Site”) and only on the hardware provided by us or the Computer described in an Order or SOW. Remote access to the Licensed Products directly or indirectly through a server, the Internet, independent software application or otherwise to your computer from locations other than your Installation Site, and use of the Licensed Products to perform services for any third parties, including your affiliates, are prohibited. Additional terms of authorized use will be described in your Order or SOW and may include, among other things, limitations on: (i) the number of Users; and (ii) the number of transactions processed or individual data records accessed using the Licensed Products. Licensed Products licensed for desktop use by a specific number of Users may be installed on the number of devices equal to the number of licenses purchased, or may be installed on multiple devices so long as the number of Users do not exceed the number of User licenses purchased. b) Additional product-specific license terms applicable to certain of the Licensed Products (“Product Terms”) can be found in Exhibit A and are incorporated into this Agreement. If there is a conflict between the Product Terms and any other provision of this Agreement, the Product Terms will control. c) If the Licensed Product is for a designated Computer, you do not need our consent to transfer the Licensed Product from one computer system to another at the Installation Site. However, you need our consent if you wish to transfer the Licensed Product to another location. After obtaining our consent to a transfer to another location, you will certify to us in writing that all copies of the Licensed Product at the prior location were either transferred to the new location or destroyed. d) You may make a reasonable number of copies of the Licensed Products and Documentation solely for back-up or disaster recovery purposes. “Documentation” means the current technical and user documentation for the Licensed Products. The Documentation may be modified from time-to-time to incorporate Enhancements. You must reproduce all copyright, trademark, trade secret and other proprietary notices in your copies. The back-up or disaster recovery copies can only be used to perform disaster recovery testing or if the Computer where the Licensed Products are installed becomes inoperative, those copies cannot be used for recovery production or testing concurrently with the production or testing copies of the Licensed Products. If the Computer becomes inoperative, the Licensed Products can only be used on a back-up computer utilizing the same operating system.

Appears in 14 contracts

Sources: On Premise Software License Agreement, On Premise Software License Agreement, On Premise Software License Agreement

Use of Licensed Products. a) You agree that you will Licensee is permitted to use the Licensed Products and any data generated from the Licensed Products Data Output only for its own internal business purposes and not for personal, family or household purposes. The Licensed Products include any enhancements, updates, upgrades, modifications, new releases and corrective programming to the Licensed Products or Documentation that are provided as part of software maintenance (“Enhancements”). The Licensed Products will be installed and used only at the location described in an Order or any other location as to which we have consented Installation Site on the Computer containing up to the transfer number of Processor Cores, MSUs or MIPS set out in the applicable Order and utilizing the operating system set out therein. If the Licensed Products are installed in accordance with Section 2(c) (“Installation Site”) and only on a virtual environment, the hardware provided by us number of Processor Cores within the environment that may be used, in whole or in any part, to access the Computer described Licensed Products will be set forth in an Order or SOWthe applicable Order. Remote access Access to the Licensed Products directly or indirectly through a server, the Internet, independent software application or otherwise to your computer from locations other than your Installation Site, and use of the Licensed Products to perform services for any third parties, including your affiliates, as a Service Provider are prohibitedprohibited unless otherwise authorized in the applicable Order. Additional terms of authorized use will be described are as set forth in your Order or SOW the applicable Order, and may include, among other things, include limitations on: (i) the number of Users; and (ii) the Application authorized to access the Licensed Products and use the Data Output; and (iii) the number of transactions Transactions processed or individual data records Data Records accessed using the Licensed Products. Licensed Products licensed for desktop use by a specific number of Users may be installed on the number of devices equal to the specific number of User licenses purchased, or may be installed on multiple devices so long as the number of Users do not exceed the number of User licenses purchased. b) Additional product-specific license terms applicable Licensee may add additional Processor Cores, MSUs or MIPS to certain of the Computer, transfer the Licensed Products (“Product Terms”) can be found in Exhibit A to a different computer with more Processor Cores, MSUs or MIPS, utilize the Licensed Products with a different operating system, process additional Transactions or add Users or Applications upon PBSI written consent and are incorporated into this Agreementthe payment of applicable fees. If there the Installation Site is located in the United States, such Installation Site may be changed to another location within the United States upon written notice to Licensor, but may not be changed to a conflict between location outside the Product Terms and any other provision United States absent Licensor’s prior written consent. If the Installation Site set forth in the Order is located outside of this Agreementthe United States, such Installation Site may be changed to another location within the Product Terms will controloriginal country upon notice to Licensor, but may not be changed to a different country absent Licensor’s prior written consent. c) If the Licensed Product is for a designated Computer, you do not need our consent to transfer the Licensed Product from one computer system to another at the Installation Site. However, you need our consent if you wish to transfer the Licensed Product to another location. After obtaining our consent to a transfer to another location, you will certify to us in writing that all copies of the Licensed Product at the prior location were either transferred to the new location or destroyed. d) You Licensee may make a reasonable number of copies of the Licensed Products and Documentation solely for back-back up or disaster recovery purposes. “Documentation” means the current technical and user documentation for the Licensed Products. The Documentation may be modified from time-to-time to incorporate Enhancements. You Licensee must reproduce all copyright, trademark, trade secret and other proprietary notices in your such copies. The back-back up or disaster recovery copies can only be used to perform disaster recovery testing or if the Computer where the Licensed Products are installed becomes inoperative, those copies cannot be used for recovery production or testing concurrently with the production or testing copies of the Licensed Products. If the Computer becomes inoperative, the Licensed Products can only be used on a back-up computer utilizing the same operating systemsystem with equal to or a fewer number of Processor Cores, MSUs or MIPS as the Computer. Except to perform disaster recovery testing in accordance with Licensee’s disaster recovery procedures, Licensee is not permitted to use the back up or disaster recovery copies of the Licensed Products for production or testing concurrently with the production or testing copies of the Licensed Products. d) Licensee may install, for a period not to exceed fifteen (15) days from date of installation, Enhancements in a test environment for the sole purpose of determining if such Enhancements will be deployed by Licensee on the authorized Computer(s). Thereafter, Licensee is permitted to install only the authorized number of licensed copies of the Licensed Products on the authorized Computers. e) Licensee may, upon prior written notice to Licensor, permit its third party contractors to access and use the Licensed Products solely on behalf of, and for the benefit of, Licensee, so long as: (i) contractor agrees to comply fully with all terms and conditions of this Agreement and the applicable Order(s) as if they were Licensee; (ii) Licensee remains responsible for each contractor's compliance with this Agreement and the applicable Order(s) and any breach thereof;

Appears in 4 contracts

Sources: Participating Addendum, Master License Agreement, Master License Agreement

Use of Licensed Products. a) You agree that you will use the Licensed Products and any data generated from the Licensed Products only for business purposes and not for personal, family or household purposes. The Licensed Products include any enhancements, updates, upgrades, modifications, new releases and corrective programming to the Licensed Products or Documentation that are provided as part of software maintenance (“Enhancements”). The Licensed Products will be installed and used only at the location described in an Order or any other location as to which we have consented to the transfer of the Licensed Products in accordance with Section 2(c) (“Installation Site”) and only on the hardware provided by us or the Computer described in an Order or SOW. Remote access to the Licensed Products directly or indirectly through a server, the Internet, independent software application or otherwise to your computer from locations other than your Installation Site, and use of the Licensed Products to perform services for any third parties, including your affiliates, are prohibited. Additional terms of authorized use will be described in your Order or SOW and may include, among other things, limitations on: (i) the number of Users; and (ii) the number of transactions processed or individual data records accessed using the Licensed Products. Licensed Products licensed for desktop use by a specific number of Users may be installed on the number of devices equal to the number of licenses purchased, or may be installed on multiple devices so long as the number of Users do not exceed the number of User licenses purchased. ba) Additional product-specific license terms applicable to certain of the Licensed Products (“Product Terms”) can be found in Exhibit A and are incorporated into this Agreement. If there is a conflict between the Product Terms and any other provision of this Agreement, the Product Terms will control. cb) If the Licensed Product is for a designated Computer, you do not need our consent to transfer the Licensed Product from one computer system to another at the Installation Site. However, you need our consent if you wish to transfer the Licensed Product to another location. After obtaining our consent to a transfer to another location, you will certify to us in writing that all copies of the Licensed Product at the prior location were either transferred to the new location or destroyed. dc) You may make a reasonable number of copies of the Licensed Products and Documentation solely for back-up or disaster recovery purposes. “Documentation” means the current technical and user documentation for the Licensed Products. The Documentation may be modified from time-to-time to incorporate Enhancements. You must reproduce all copyright, trademark, trade secret and other proprietary notices in your copies. The back-up or disaster recovery copies can only be used to perform disaster recovery testing or if the Computer where the Licensed Products are installed becomes inoperative, those copies cannot be used for recovery production or testing concurrently with the production or testing copies of the Licensed Products. If the Computer becomes inoperative, the Licensed Products can only be used on a back-up computer utilizing the same operating system.

Appears in 2 contracts

Sources: Participating Addendum, Participating Addendum

Use of Licensed Products. a) You agree that you will use the Licensed Products and any data generated from the Licensed Products only for business purposes and not for personal, family or household purposes. The Licensed Products include any enhancements, updates, upgrades, modifications, new releases and corrective programming to the Licensed Products or Documentation that are provided as part of software maintenance (“Enhancements”). The Licensed Products will be installed and used only at the location described in an Order or any other location as to which we have consented to the transfer of the Licensed Products in accordance with Section 2(c2(b) (“Installation Site”) and only on the hardware provided by us or the Computer described in an Order or SOW. Remote access to the Licensed Products directly or indirectly through a server, the Internet, independent software application or otherwise to your computer from locations other than your Installation Site, and use of the Licensed Products to perform services for any third parties, including your affiliates, are prohibited. Additional terms of authorized use will be described in your Order or SOW and may include, among other things, limitations on: (i) the number of Users; and (ii) the number of transactions processed or individual data records accessed using the Licensed Products. Licensed Products licensed for desktop use by a specific number of Users may be installed on the number of devices equal to the number of licenses purchased, or may be installed on multiple devices so long as the number of Users do not exceed the number of User licenses purchased. b) Additional product-specific license terms applicable to certain of the Licensed Products (“Product Terms”) can be found in Exhibit A and are incorporated into this Agreement. If there is a conflict between the Product Terms and any other provision of this Agreement, the Product Terms will control. c) If the Licensed Product is for a designated Computer, you do not need our consent to transfer the Licensed Product from one computer system to another at the Installation Site. However, you need our consent if you wish to transfer the Licensed Product to another location. After obtaining our consent to a transfer to another location, you will certify to us in writing that all copies of the Licensed Product at the prior location were either transferred to the new location or destroyed. dc) You may make a reasonable number of copies of the Licensed Products and Documentation solely for back-up or disaster recovery purposes. “Documentation” means the current technical and user documentation for the Licensed Products. The Documentation may be modified from time-to-time to incorporate Enhancements. You must reproduce all copyright, trademark, trade secret and other proprietary notices in your copies. The back-up or disaster recovery copies can only be used to perform disaster recovery testing or if the Computer where the Licensed Products are installed becomes inoperative, those copies cannot be used for recovery production or testing concurrently with the production or testing copies of the Licensed Products. If the Computer becomes inoperative, the Licensed Products can only be used on a back-up computer utilizing the same operating system.

Appears in 2 contracts

Sources: On Premise Software License Agreement, On Premise Software License Agreement

Use of Licensed Products. a) You agree that you will Licensee is permitted to use the Licensed Products and any data generated from the Licensed Products Data Output only for its own internal business purposes and not for personal, family or household purposes. The Licensed Products include any enhancements, updates, upgrades, modifications, new releases and corrective programming to the Licensed Products or Documentation that are provided as part of software maintenance (“Enhancements”). The Licensed Products will be installed and used only at the location described in an Order or any other location as to which we have consented Installation Site on the Computer containing up to the transfer number of MIPS or Processor Cores set out in the applicable Order and utilizing the operating system set out therein. If the Licensed Products are installed in accordance with Section 2(c) (“Installation Site”) and only on a virtual environment, the hardware provided by us number of Processor Cores within the environment that may be used, in whole or in any part, to access the Computer described Licensed Products will be set forth in an Order or SOWthe applicable Order. Remote access Access to the Licensed Products directly or indirectly through a server, the Internet, independent software application or otherwise to your computer from locations other than your Installation Site, and use of the Licensed Products to perform services for any third parties, including your affiliates, as a Service Provider are prohibitedprohibited unless otherwise authorized in the applicable Order. Additional terms of authorized use will be described are as set forth in your Order or SOW the applicable Order, and may include, among other things, include limitations on: (i) the number of Users; and (ii) the Application authorized to access the Licensed Products and use the Data Output; and (iii) the number of transactions Transactions processed or individual data records Data Records accessed using the Licensed Products. Licensed Products licensed for desktop use by a specific number of Users may be installed on the number of devices equal to the specific number of User licenses purchased, or may be installed on multiple devices so long as the number of Users do not exceed the number of User licenses purchased. b) Additional product-specific license terms applicable Licensee may add additional Processor Cores or MIPS to certain of the Computer, transfer the Licensed Products (“Product Terms”) can be found in Exhibit A to a different computer with more MIPS or Processor Cores, utilize the Licensed Products with a different operating system, process additional Transactions or add Users or Applications upon PBSI written consent and are incorporated into this Agreementthe payment of applicable fees. If there the Installation Site is located in the United States, such Installation Site may be changed to another location within the United States upon written notice to Licensor, but may not be changed to a conflict between location outside the Product Terms and any other provision United States absent Licensor’s prior written consent. If the Installation Site set forth in the Order is located outside of this Agreementthe United States, such Installation Site may be changed to another location within the Product Terms will controloriginal country upon notice to Licensor, but may not be changed to a different country absent Licensor’s prior written consent. c) If the Licensed Product is for a designated Computer, you do not need our consent to transfer the Licensed Product from one computer system to another at the Installation Site. However, you need our consent if you wish to transfer the Licensed Product to another location. After obtaining our consent to a transfer to another location, you will certify to us in writing that all copies of the Licensed Product at the prior location were either transferred to the new location or destroyed. d) You Licensee may make a reasonable number of copies of the Licensed Products and Documentation solely for back-back up or disaster recovery purposes. “Documentation” means the current technical and user documentation for the Licensed Products. The Documentation may be modified from time-to-time to incorporate Enhancements. You Licensee must reproduce all copyright, trademark, trade secret and other proprietary notices in your such copies. The back-back up or disaster recovery copies can only be used to perform disaster recovery testing or if the Computer where the Licensed Products are installed becomes inoperative, those copies cannot be used for recovery production or testing concurrently with the production or testing copies of the Licensed Products. If the Computer becomes inoperative, the Licensed Products can only be used on a back-up computer utilizing the same operating systemsystem with equal to or a fewer number of Processor Cores or MIPS as the Computer. Except to perform disaster recovery testing in accordance with Licensee’s disaster recovery procedures, Licensee is not permitted to use the back up or disaster recovery copies of the Licensed Products for production or testing concurrently with the production or testing copies of the Licensed Products. d) Licensee may install, for a period not to exceed fifteen (15) days from date of installation, Enhancements in a test environment for the sole purpose of determining if such Enhancements will be deployed by Licensee on the authorized Computer(s). Thereafter, Licensee is permitted to install only the authorized number of licensed copies of the Licensed Products on the authorized Computers. e) Licensee may, upon prior written notice to Licensor, permit its third party contractors to access and use the Licensed Products solely on behalf of, and for the benefit of, Licensee, so long as: (i) contractor agrees to comply fully with all terms and conditions of this Agreement and the applicable Order(s) as if they were Licensee; (ii) Licensee remains responsible for each contractor's compliance with this Agreement and the applicable Order(s) and any breach thereof; (iii) any User limitation includes User licenses allocated to Contractors; and (iv) the contractor is not a competitor of PBSI, Licensor or any Licensor Affiliate. All rights granted to any contractor hereunder terminate immediately upon conclusion of the services rendered to Licensee that gives rise to such right. Upon termination of such rights, contractor must immediately cease all use of the Licensed Products, un-install and destroy all copies of the Licensed Products, Documentation and any other Licensor information in its possession, and must certify in writing upon Licensor request of compliance with this section. f) In addition to the terms of this Agreement and the Order(s), product-specific license terms applicable to certain Licensed Products can be found at ▇▇▇▇://▇▇▇.▇▇.▇▇▇/license-terms-of-use/ and are hereby incorporated into this Agreement by reference.

Appears in 1 contract

Sources: Software and Data End User License Agreement

Use of Licensed Products. a) You agree that you will use the Licensed Products and any data generated from the Licensed Products only for business purposes and not for personal, family or household purposes. The Licensed Products include any enhancements, updates, upgrades, modifications, new releases and corrective programming to the Licensed Products or Documentation that are provided as part of software maintenance (“Enhancements”). The Licensed Products will be installed and used only at the location described in an Order or any other location as to which we have consented to the transfer of the Licensed Products in accordance with Section 2(c) (“Installation Site”) and only on the hardware provided by us or the Computer described in an Order or SOW. Remote access to the Licensed Products directly or indirectly through a server, the Internet, independent software application or otherwise to your computer from locations other than your Installation Site, and use of the Licensed Products to perform services for any third parties, including your affiliates, are prohibited. Additional terms of authorized use will be described in your Order or SOW and may include, among other things, limitations on: (i) the number of Users; and (ii) the number of transactions processed or individual data records accessed using the Licensed Products. Licensed Products licensed for desktop use by a specific number of Users may be installed on the number of devices equal to the number of licenses purchased, or may be installed on multiple devices so long as the number of Users do not exceed the number of User licenses purchased. b) Additional product-specific license terms applicable to certain of the Licensed Products (“Product Terms”) can be found in Exhibit A and are incorporated into this Agreement. If there is a conflict between the Product Terms and any other provision of this Agreement, the Product Terms will control. c) If the Licensed Product is for a designated Computer, you do not need our consent to transfer the Licensed Product from one computer system to another at the Installation Site. However, you need our consent if you wish to transfer the Licensed Product to another location. After obtaining our consent to a transfer to another location, you will certify to us in writing that all copies of the Licensed Product at the prior location were either transferred to the new location or destroyedordestroyed. d) You may make a reasonable number of copies of the Licensed Products and Documentation solely for back-up or disaster recovery purposes. “Documentation” means the current technical and user documentation for the Licensed Products. The Documentation may be modified from time-to-time to incorporate Enhancements. You must reproduce all copyright, trademark, trade secret and other proprietary notices in your copies. The back-up or disaster recovery copies can only be used to perform disaster recovery testing or if the Computer where the Licensed Products are installed becomes inoperative, those copies cannot be used for recovery production or testing concurrently with the production or testing copies of the Licensed Products. If the Computer becomes inoperative, the Licensed Products can only be used on a back-up computer utilizing the same operating system.

Appears in 1 contract

Sources: On Premise Software License Agreement

Use of Licensed Products. a) You agree that you will Licensee is permitted to use the Licensed Products and any data generated from the Licensed Products Data Output only for its own internal business purposes and not for personal, family or household purposes. The Licensed Products include any enhancements, updates, upgrades, modifications, new releases and corrective programming to the Licensed Products or Documentation that are provided as part of software maintenance (“Enhancements”). The Licensed Products will be installed and used only at the location described in an Order or any other location as to which we have consented Installation Site on the Computer containing up to the transfer number of MIPS or Processor Cores set out in the applicable Order and utilizing the operating system set out therein. If the Licensed Products are installed in accordance with Section 2(c) (“Installation Site”) and only on a virtual environment, the hardware provided by us number of Processor Cores within the environment that may be used, in whole or in any part, to access the Computer described Licensed Products will be set forth in an Order or SOWthe applicable Order. Remote access Access to the Licensed Products directly or indirectly through a server, the Internet, independent software application or otherwise to your computer from locations other than your Installation Site, and use of the Licensed Products to perform services for any third parties, including your affiliates, as a Service Provider are prohibitedprohibited unless otherwise authorized in the applicable Order. Additional terms of authorized use will be described are as set forth in your Order or SOW the applicable Order, and may include, among other things, include limitations on: (i) the number of Users; and (ii) the Application authorized to access the Licensed Products and use the Data Output; and (iii) the number of transactions Transactions processed or individual data records Data Records accessed using the Licensed Products. Licensed Products licensed for desktop use by a specific number of Users may be installed on the number of devices equal to the specific number of User licenses purchased, or may be installed on multiple devices so long as the number of Users do not exceed the number of User licenses purchased. b) Additional product-specific license terms applicable Licensee may add additional Processor Cores or MIPS to certain of the Computer, transfer the Licensed Products (“Product Terms”) can be found in Exhibit A to a different computer with more MIPS or Processor Cores, utilize the Licensed Products with a different operating system, process additional Transactions or add Users or Applications upon PBDMT written consent and are incorporated into this Agreementthe payment of applicable fees. If there the Installation Site is located in the United States, such Installation Site may be changed to another location within the United States upon written notice to Licensor, but may not be changed to a conflict between location outside the Product Terms and any other provision United States absent Licensor’s prior written consent. If the Installation Site set forth in the Order is located outside of this Agreementthe United States, such Installation Site may be changed to another location within the Product Terms will controloriginal country upon notice to Licensor, but may not be changed to a different country absent Licensor’s prior written consent. c) If the Licensed Product is for a designated Computer, you do not need our consent to transfer the Licensed Product from one computer system to another at the Installation Site. However, you need our consent if you wish to transfer the Licensed Product to another location. After obtaining our consent to a transfer to another location, you will certify to us in writing that all copies of the Licensed Product at the prior location were either transferred to the new location or destroyed. d) You Licensee may make a reasonable number of copies of the Licensed Products and Documentation solely for back-back up or disaster recovery purposes. “Documentation” means the current technical and user documentation for the Licensed Products. The Documentation may be modified from time-to-time to incorporate Enhancements. You Licensee must reproduce all copyright, trademark, trade secret and other proprietary notices in your such copies. The back-back up or disaster recovery copies can only be used to perform disaster recovery testing or if the Computer where the Licensed Products are installed becomes inoperative, those copies cannot be used for recovery production or testing concurrently with the production or testing copies of the Licensed Products. If the Computer becomes inoperative, the Licensed Products can only be used on a back-up computer utilizing the same operating systemsystem with equal to or a fewer number of Processor Cores or MIPS as the Computer. Except to perform disaster recovery testing in accordance with Licensee’s disaster recovery procedures, Licensee is not permitted to use the back up or disaster recovery copies of the Licensed Products for production or testing concurrently with the production or testing copies of the Licensed Products. d) Licensee may install, for a period not to exceed fifteen (15) days from date of installation, Enhancements in a test environment for the sole purpose of determining if such Enhancements will be deployed by Licensee on the authorized Computer(s). Thereafter, Licensee is permitted to install only the authorized number of licensed copies of the Licensed Products on the authorized Computers. e) Licensee may, upon prior written notice to Licensor, permit its third party contractors to access and use the Licensed Products solely on behalf of, and for the benefit of, Licensee, so long as: (i) contractor agrees to comply fully with all terms and conditions of this Agreement and the applicable Order(s) as if they were Licensee; (ii) Licensee remains responsible for each contractor's compliance with this Agreement and the applicable Order(s) and any breach thereof;

Appears in 1 contract

Sources: Master License Agreement

Use of Licensed Products. a) You agree that you will Licensee is permitted to use the Licensed Products and any data generated from the Licensed Products Data Output only for its own internal business purposes and not for personal, family or household purposes. The Licensed Products include any enhancements, updates, upgrades, modifications, new releases and corrective programming to the Licensed Products or Documentation that are provided as part of software maintenance (“Enhancements”). The Licensed Products will be installed and used only at the location described in an Order or any other location as to which we have consented Installation Site on the Computer containing up to the transfer number of MIPS or Processor Cores set out in the applicable Order and utilising the operating system set out therein. If the Licensed Products are installed in accordance with Section 2(c) (“Installation Site”) and only on a virtual environment, the hardware provided by us number of Processor Cores within the environment that may be used, in whole or in any part, to access the Computer described Licensed Products will be set forth in an Order or SOWthe applicable Order. Remote access Access to the Licensed Products directly or indirectly through a server, the Internet, independent software application or otherwise to your computer from locations other than your Installation Site, and use of the Licensed Products to perform services for any third parties, including your affiliates, as a Service Provider are prohibitedprohibited unless otherwise authorised in the applicable Order. Additional terms of authorized authorised use will be described are as set forth in your Order or SOW the applicable Order, and may include, among other things, include limitations on: (i) the number of Users; and (ii) the Application authorised to access the Licensed Products and use the Data Output; and (iii) the number of transactions Transactions processed or individual data records Data Records accessed using the Licensed Products. Licensed Products licensed for desktop use by a specific number of Users may be installed on the number of devices equal to the specific number of User licenses purchased, or may be installed on multiple devices so long as the number of Users do not exceed the number of User licenses purchased. b) Additional product-specific license terms applicable Licensee may add additional Processor Cores or MIPS to certain of the Computer, transfer the Licensed Products (“Product Terms”) can be found in Exhibit A to a different computer with more MIPS or Processor Cores, utilises the Licensed Products with a different operating system, process additional Transactions or add Users or Applications upon PBS written consent and are incorporated into this Agreementthe payment of applicable fees. If there the Installation Site is located in Australia, such Installation Site may be changed to another location within Australia upon written notice to Licensor, but may not be changed to a conflict between location outside Australia without the Product Terms and any other provision Licensor’s prior written consent. If the Installation Site set forth in the Order is located outside of this AgreementAustralia, such Installation Site may be changed to another location within the Product Terms will controloriginal country upon notice to Licensor, but may not be changed to a different country without the Licensor’s prior written consent. c) If the Licensed Product is for a designated Computer, you do not need our consent to transfer the Licensed Product from one computer system to another at the Installation Site. However, you need our consent if you wish to transfer the Licensed Product to another location. After obtaining our consent to a transfer to another location, you will certify to us in writing that all copies of the Licensed Product at the prior location were either transferred to the new location or destroyed. d) You Licensee may make a reasonable number of copies of the Licensed Products and Documentation solely for back-back up or disaster recovery purposes. “Documentation” means the current technical and user documentation for the Licensed Products. The Documentation may be modified from time-to-time to incorporate Enhancements. You Licensee must reproduce all copyright, trademark, trade secret and other proprietary notices in your such copies. The back-back up or disaster recovery copies can only be used to perform disaster recovery testing or if the Computer where the Licensed Products are installed becomes inoperative, those copies cannot be used for recovery production or testing concurrently with the production or testing copies of the Licensed Products. If the Computer becomes inoperative, the Licensed Products can only be used on a back-up computer utilizing utilising the same operating systemsystem with equal to or a fewer number of Processor Cores or MIPS as the Computer. Except to perform disaster recovery testing in accordance with Licensee’s disaster recovery procedures, Licensee is not permitted to use the back up or disaster recovery copies of the Licensed Products for production or testing concurrently with the production or testing copies of the Licensed Products. d) Licensee may install, for a period not to exceed fifteen (15) days from date of installation, Enhancements in a test environment for the sole purpose of determining if such Enhancements will be deployed by Licensee on the authorised Computer(s). Thereafter, Licensee is permitted to install only the authorised number of licensed copies of the Licensed Products on the authorised Computers. e) Licensee may, upon prior written notice to Licensor, permit its third party contractors to access and use the Licensed Products solely on behalf of, and for the benefit of, Licensee, so long as: (i) contractor agrees to comply fully with all terms and conditions of this Agreement and the applicable Order(s) as if they were Licensee; (ii) Licensee remains responsible for each contractor's compliance with this Agreement and the applicable Order(s) and any breach thereof; (iii) any User limitation includes User licenses allocated to Contractors; and (iv) the contractor is not a competitor of PBS, Licensor or any Licensor Affiliate. All rights granted to any contractor hereunder terminate immediately upon conclusion of the services rendered to Licensee that gives rise to such right. Upon termination of such rights, contractor must immediately cease all use of the Licensed Products, un-install and destroy all copies of the Licensed Products, Documentation and any other Licensor information in its possession, and must certify in writing upon Licensor request of compliance with this section. f) In addition to the terms of this Agreement and the Order(s), product-specific license terms applicable to certain Licensed Products can be found at ▇▇▇▇://▇▇▇.▇▇.▇▇▇/license-terms-of-use/ and are hereby incorporated into this Agreement by reference.

Appears in 1 contract

Sources: Software and Data End User License Agreement

Use of Licensed Products. a) You agree that you will Licensee is permitted to use the Licensed Products and any data generated from the Licensed Products Data Output only for its own internal business purposes and not for personal, family or household purposes. The Licensed Products include any enhancements, updates, upgrades, modifications, new releases and corrective programming to the Licensed Products or Documentation that are provided as part of software maintenance (“Enhancements”). The Licensed Products will be installed and used only at the location described in an Order or any other location as to which we have consented Installation Site on the Computer containing up to the transfer number of MIPS or Processor Cores set out in the applicable Order and utilizing the operating system set out therein. If the Licensed Products are installed in accordance with Section 2(c) (“Installation Site”) and only on a virtual environment, the hardware provided by us number of Processor Cores within the environment that may be used, in whole or in any part, to access the Computer described Licensed Products will be set forth in an Order or SOWthe applicable Order. Remote access Access to the Licensed Products directly or indirectly through a server, the Internet, independent software application or otherwise to your computer from locations other than your Installation Site, and use of the Licensed Products to perform services for any third parties, including your affiliates, as a Service Provider are prohibitedprohibited unless otherwise authorized in the applicable Order. Additional terms of authorized use will be described are as set forth in your Order or SOW the applicable Order, and may include, among other things, include limitations on: (i) the number of Users; and (ii) the Application authorized to access the Licensed Products and use the Data Output; and (iii) the number of transactions Transactions processed or individual data records Data Records accessed using the Licensed Products. Licensed Products licensed for desktop use by a specific number of Users may be installed on the number of devices equal to the specific number of User licenses purchased, or may be installed on multiple devices so long as the number of Users do not exceed the number of User licenses purchased. b) Additional product-specific license terms applicable Licensee may add additional Processor Cores or MIPS to certain of the Computer, transfer the Licensed Products (“Product Terms”) can be found in Exhibit A to a different computer with more MIPS or Processor Cores, utilize the Licensed Products with a different operating system, process additional Transactions or add Users or Applications upon PBDMT written consent and are incorporated into this Agreementthe payment of applicable fees. If there the Installation Site is located in the United States, such Installation Site may be changed to another location within the United States upon written notice to Licensor, but may not be changed to a conflict between location outside the Product Terms and any other provision United States absent Licensor’s prior written consent. If the Installation Site set forth in the Order is located outside of this Agreementthe United States, such Installation Site may be changed to another location within the Product Terms will controloriginal country upon notice to Licensor, but may not be changed to a different country absent Licensor’s prior written consent. c) If the Licensed Product is for a designated Computer, you do not need our consent to transfer the Licensed Product from one computer system to another at the Installation Site. However, you need our consent if you wish to transfer the Licensed Product to another location. After obtaining our consent to a transfer to another location, you will certify to us in writing that all copies of the Licensed Product at the prior location were either transferred to the new location or destroyed. d) You Licensee may make a reasonable number of copies of the Licensed Products and Documentation solely for back-back up or disaster recovery purposes. “Documentation” means the current technical and user documentation for the Licensed Products. The Documentation may be modified from time-to-time to incorporate Enhancements. You Licensee must reproduce all copyright, trademark, trade secret and other proprietary notices in your such copies. The back-back up or disaster recovery copies can only be used to perform disaster recovery testing or if the Computer where the Licensed Products are installed becomes inoperative, those copies cannot be used for recovery production or testing concurrently with the production or testing copies of the Licensed Products. If the Computer becomes inoperative, the Licensed Products can only be used on a back-up computer utilizing the same operating systemsystem with equal to or a fewer number of Processor Cores or MIPS as the Computer. Except to perform disaster recovery testing in accordance with Licensee’s disaster recovery procedures, Licensee is not permitted to use the back up or disaster recovery copies of the Licensed Products for production or testing concurrently with the production or testing copies of the Licensed Products. d) Licensee may install, for a period not to exceed fifteen (15) days from date of installation, Enhancements in a test environment for the sole purpose of determining if such Enhancements will be deployed by Licensee on the authorized Computer(s). Thereafter, Licensee is permitted to install only the authorized number of licensed copies of the Licensed Products on the authorized Computers. e) Licensee may, upon prior written notice to Licensor, permit its third party contractors to access and use the Licensed Products solely on behalf of, and for the benefit of, Licensee, so long as: (i) contractor agrees to comply fully with all terms and conditions of this Agreement and the applicable Order(s) as if they were Licensee; (ii) Licensee remains responsible for each contractor's compliance with this Agreement and the applicable Order(s) and any breach thereof; (iii) any User limitation includes User licenses allocated to Contractors; and (iv) the contractor is not a competitor of PBDMT, Licensor or any Licensor Affiliate. All rights granted to any contractor hereunder terminate immediately upon conclusion of the services rendered to Licensee that gives rise to such right. Upon termination of such rights, contractor must immediately cease all use of the Licensed Products, un-install and destroy all copies of the Licensed Products, Documentation and any other Licensor information in its possession, and must certify in writing upon Licensor request of compliance with this section. f) In addition to the terms of this DirectViewTM Agreement and the Order(s), product-specific license terms applicable to certain Licensed Products can be found at ▇▇▇▇://▇▇▇.▇▇.▇▇▇/license-terms-of-use/ and are hereby incorporated into this DirectViewTM Agreement by reference.

Appears in 1 contract

Sources: Participating Addendum

Use of Licensed Products. a) You agree that you will use the Licensed Products and any data generated from the Licensed Products only for business purposes and not for personal, family or household purposes. The Licensed Products include any enhancements, updates, upgrades, modifications, new releases and corrective programming to the Licensed Products or Documentation that are provided as part of software maintenance (“Enhancements”). The Licensed Products will be installed and used only at the location described in an Order or any other location as to which we have consented to the transfer of the Licensed Products in accordance with Section 2(c) (“Installation Site”) and only on the hardware provided by us or the Computer described in an Order or SOW. Remote access to the Licensed Products directly or indirectly through a server, the Internet, independent software application or applicationor otherwise to your computer from locations other than your Installation Site, and use of the Licensed Products to perform services for any third parties, including your affiliates, are prohibited. Additional terms of authorized use will be described in your Order or SOW and may include, among other things, limitations on: (i) the number of Users; and (ii) the number of transactions processed or individual data records accessed using the Licensed Products. Licensed Products licensed for desktop use by a specific number of Users may be installed on the number of devices equal to the number of licenses purchased, or may be installed on multiple devices so long as the number of Users do not exceed the number of User licenses purchased. ba) Additional product-specific license terms applicable to certain of the Licensed Products (“Product Terms”) can be found in Exhibit A and are incorporated into this Agreement. If there is a conflict between the Product Terms and any other provision of this Agreement, the Product Terms will control. cb) If the Licensed Product is for a designated Computer, you do not need our consent to transfer the Licensed Product from one computer system to another at the Installation Site. However, you need our consent if you wish to transfer the Licensed Product to another location. After obtaining our consent to a transfer to another location, you will certify to us in writing that all copies of the Licensed Product at the prior location were either transferred to the new location or destroyedordestroyed. dc) You may make a reasonable number of copies of the Licensed Products and Documentation solely for back-up or disaster recovery purposes. “Documentation” means the current technical and user documentation for the Licensed Products. The Documentation may be modified from time-to-time to incorporate Enhancements. You must reproduce all copyright, trademark, trade secret and other proprietary notices in your copies. The back-up or disaster recovery copies can only be used to perform disaster recovery testing or if the Computer where the Licensed Products are installed becomes inoperative, those copies cannot be used for recovery production or testing concurrently with the production or testing copies of the Licensed Products. If the Computer becomes inoperative, the Licensed Products can only be used on a back-up computer utilizing the same operating system.

Appears in 1 contract

Sources: Master Agreement

Use of Licensed Products. a) You agree that you will use Subject to the terms of an Order, the Licensed Products and any data generated from the Licensed Products only for business purposes and not for personal, family or household purposes. The Licensed Products include any enhancements, updates, upgrades, modifications, new releases and corrective programming to the Licensed Products or Documentation that are provided as part of software maintenance (“Enhancements”). The Licensed Products will shall be installed and used only at on the location described Computer containing up to the number of MIPS or Processors set out in an Order or any other location as to which we and utilizing the operating system set out therein. The Licensed Products shall also only be used by and for the benefit of Licensee and, unless permitted in an Order, Licensee shall not have consented to the transfer of Remote Access nor shall Licensee use the Licensed Products in accordance with Section 2(c) (“Installation Site”) and only on the hardware provided by us or the Computer described in an Order or SOWas a Service Provider. Remote access to the Licensed Products directly or indirectly through a serverIn addition, the Internet, independent software application or otherwise to your computer from locations other than your Installation Site, and use of the Licensed Products shall, subject to perform services for any third parties, including your affiliates, are prohibited. Additional the terms of authorized use will an Order, only be described in your Order or SOW and may include, among other things, limitations onused: (i) by up to the specified number of Users; and (ii) in conjunction with the designated Application; (iii) at the Installation Site; and (iv) to process up to the identified number of transactions processed or individual data records accessed using the Licensed Products. Licensed Products licensed for desktop use by a specific number of Users may be installed on the number of devices equal to the number of licenses purchased, or may be installed on multiple devices so long as the number of Users do not exceed the number of User licenses purchasedTransactions. b) Additional product-specific license terms Licensee may, as applicable and upon Licensor’s prior written consent, which consent may be conditioned upon payment by Licensee of any applicable fees, add additional Processors or MIPS to certain of the Computer, transfer the Licensed Products (“Product Terms”) can to a different computer with more MIPS or Processors, utilize the Licensed Products with a different operating system, process additional Transactions or add Users or Applications. Licensee may, upon prior written notice to Licensor, transfer the Licensed Products to a computer that has an equal or fewer numbers of processors or MIPS and utilizes the same operating system as the prior Computer. The Installation Site may be found changed by Licensee to another location in Exhibit A and are incorporated into this Agreementthe United States upon prior written notice to Licensor. If there is a conflict between The Installation Site shall not be changed to any location outside the Product Terms and any other provision of this Agreement, the Product Terms will controlUnited States except upon Licensor’s prior written consent. c) If Licensee shall not copy the Licensed Product is for a designated ComputerProducts or Documentation, you do not need our consent except to transfer the Licensed Product from one computer system to another at the Installation Site. However, you need our consent if you wish to transfer the Licensed Product to another location. After obtaining our consent to a transfer to another location, you will certify to us in writing that all copies of the Licensed Product at the prior location were either transferred to the new location or destroyed. d) You may make a reasonable number of copies of the Licensed Products and Documentation solely for back-back up or disaster recovery purposes. “Documentation” means the current technical and user documentation for the Licensed Products. The Documentation may be modified from time-to-time to incorporate Enhancements. You must Licensee shall reproduce all copyright, trademark, trade secret and other proprietary notices in your such copies. The back-back up or disaster recovery copies can shall only be used to perform disaster recovery testing or if the Computer where the Licensed Products are installed becomes inoperative, those copies cannot be used for recovery production or testing concurrently with the production or testing copies of the Licensed Products. If the Computer becomes inoperative, the Licensed Products can shall only be used on a back-up computer utilizing with equal to or a fewer number of Processors or MIPS as the Computer and that utilizes the same operating system. Except to perform disaster recovery testing in accordance with Licensee’s disaster recovery procedures, Licensee shall not use the back up or disaster recovery copies of the Licensed Products for production or testing concurrently with the use of the Licensed Products in production or testing. d) Licensee shall not make derivative works of the Licensed Products, reverse engineer or decompile the Licensed Products or any portion thereof, attempt to unlock or bypass any initialization system, encryption methods or copy protection devices in the Licensed Products, modify, alter or change the Licensed Products, alter, remove or obscure any patent, trademark or copyright notice in the Licensed Products, or use components of a Licensed Product independent of the Licensed Products they comprise. Any modifications, alterations or changes to the Licensed Products, unless authorized by Licensor, shall terminate the warranties provided herein and Licensor may, at its sole discretion, terminate Maintenance Services for such Licensed Products.

Appears in 1 contract

Sources: Master License Agreement