Common use of Use of Software Clause in Contracts

Use of Software. 15.1 In consideration of the payment of the Charges by the Customer to Sonardyne, Sonardyne grants to the Customer a personal, non-exclusive licence to use the Sonardyne Software in object code form (only) in accordance with this Agreement including limitations on the use of the Sonardyne Software for the Hire Term. 15.2 Except to the extent expressly permitted in writing by ▇▇▇▇▇▇▇▇▇, the Customer agrees not to: 15.2.1 make any copies of the Sonardyne Software (in any form or media); 15.2.2 share with or sub-licence, transfer, hire, rent, lease, loan, or make the Sonardyne Software or any copies of it available in any way to any third party; 15.2.3 adapt, vary, modify or alter the whole or any part of the Sonardyne Software or combine, merge or incorporate the Sonardyne Software into any other program; 15.2.4 disassemble, decompile, reverse engineer or create derivative works based on the whole or any part of the Sonardyne Software, or remove or circumvent any security devices present within the Sonardyne Software; nor attempt to do anything analogous to the foregoing. 15.3 The Customer acknowledges it has no right to have any access to the Sonardyne Software in source code form, or in unlocked coding of any kind. 15.4 With respect to any Third Party Software, the Customer accepts the terms of the applicable third parties’ licences and maintenance agreements and shall only use the Third Party Software in accordance with the requirements of such licences and agreements. The Customer acknowledges that (without prejudice to clause 4.1.2) Sonardyne is not responsible for the functioning or performance of any Third Party Software or for any infringement claim caused by the use of Third Party Software and it is the responsibility of the Customer to enforce any rights and remedies it has under the terms of the said licence and maintenance agreements against the relevant third party. With respect to Third Party Software that originates from Microsoft, such Third Party Software is provided subject to the relevant Microsoft End User Licence Agreement copies of which can be found at: Windows 10 ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇/en- us/Useterms/OEM/Windows/10/Useterms_OEM_Windows_10_English.htm 15.5 Where no separate third party licence agreement with regard to any specific Third Party Software is provided to the Customer in accordance with clause 15.4, or such license terms are not contained within this Agreement, then with regard only to such specific Third Party Software, the license provisions of clauses 15.1 to 15.3 shall apply as if in clauses 15.1 to 15.3 the definition “Sonardyne Software” reads “Sonardyne Software and Third Party Software”.

Appears in 3 contracts

Sources: Hire Terms and Conditions, Hire Terms and Conditions, Hire Terms and Conditions

Use of Software. 15.1 In consideration of the payment of the Charges by the Customer to Sonardyne, Sonardyne grants to the Customer a personal, non-exclusive licence to use the Sonardyne Software in object code form (only) in accordance with this Agreement including limitations on the use of the Sonardyne Software for the Hire Term.Term.‌ 15.2 Except to the extent expressly permitted in writing by ▇▇▇▇▇▇▇▇▇Sonardyne, the Customer agrees not to: 15.2.1 : make any copies of the Sonardyne Software (in any form or media); 15.2.2 media);‌ share with or sub-licence, transfer, hire, rent, lease, loan, or make the Sonardyne Software or any copies of it available in any way to any third party; 15.2.3 ; adapt, vary, modify or alter the whole or any part of the Sonardyne Software or combine, merge or incorporate the Sonardyne Software into any other program; 15.2.4 ; disassemble, decompile, reverse engineer or create derivative works based on the whole or any part of the Sonardyne Software, or remove or circumvent any security devices present within the Sonardyne Software; nor attempt to do anything analogous to the foregoing. 15.3 The Customer acknowledges it has no right to have any access to the Sonardyne Software in source code form, or in unlocked coding of any kind.kind.‌ 15.4 With respect to any Third Party Software, the Customer accepts the terms of the applicable third parties’ licences and maintenance agreements and shall only use the Third Party Software in accordance with the requirements of such licences and agreements. The Customer acknowledges that (without prejudice to clause 4.1.2) Sonardyne is not responsible for the functioning or performance of any Third Party Software or for any infringement claim caused by the use of Third Party Software and it is the responsibility of the Customer to enforce any rights and remedies it has under the terms of the said licence and maintenance agreements against the relevant third party. party.‌ With respect to Third Party Software that originates from Microsoft, such Third Party Software is provided subject to the relevant Microsoft End User Licence Agreement copies of which can be found at: Windows 7 ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇/app/uploads/2016/09/win-7-▇▇▇▇.pdf Windows 10 ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇/en- us/Useterms/OEM/Windows/10/Useterms_OEM_Windows_10_English.htm 15.5 Where no separate third party licence agreement with regard to any specific Third Party Software is provided to the Customer in accordance with clause 15.4, or such license terms are not contained within this Agreement, then with regard only to such specific Third Party Software, the license provisions of clauses 15.1 to 15.3 shall apply as if in clauses 15.1 to 15.3 the definition “Sonardyne Software” reads “Sonardyne Software and Third Party Software”.

Appears in 3 contracts

Sources: Hire Terms and Conditions, Hire Terms and Conditions, Hire Terms and Conditions