New Software Sample Clauses

New Software. If Xenogen makes available to third parties any new software suitable for use with in vivo imaging (“New Software”), Xenogen shall make the New Software available to IRM and Permitted Users on terms and conditions at least as favorable as the terms and conditions agreed to by any commercial entity that has in place a Commercial Use License to the *** Confidential Treatment Requested Xenogen Monitoring Technology, for similar quantities of New Software within six (6) months of when the New Software becomes available to IRM and Permitted Users.
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New Software. 2.5.1 In the event that software is developed in the Penn labs of Drs. Xxxxx, XxXxxxx or Xxxxx that is a modification, improvement or enhancement to the Penn Software, Penn shall notify Licensee within 45 days after becoming aware of such development. Licensee shall within 30 days notify Penn that Licensee desires to obtain a license to such software. If Licensee so elects, then Penn and Licensee shall promptly thereafter negotiate in good faith for Licensee to take a license such software under terms substantially the same as those set forth herein; provided, however, that no additional consideration shall be payable to Penn in connection therewith. Notwithstanding the foregoing sentence, Penn reserves the right to renegotiate in good faith the consideration payable to Penn as it pertains to such software as may be required to protect Penn’s tax exempt status under the provisions of the Tax Reform Act of 1986.
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New Software. IT&S may, in its sole discretion, migrate to new Software (“New Software”) to replace any IT&S Software or Third Party Software which shall be offered to Customer by IT&S at a price to be determined as set forth below at the time of such offering; provided, however that the New Software (1) shall provide substantially all of the functionality as the Software that it replaces and (2) shall be suitable for use in Customer’s distributed environment and shall be implemented in a manner that permits it to function effectively in Customer’s distributed environment (i.e., shall not require a centralized approach). * Portions of this exhibit have been omitted pursuant to a request for confidential treatment and have been filed separately with the Commission. Notwithstanding anything to the contrary contained in this Agreement, IT&S shall make available to Customer any and all Software or other developments that are offered generally to other IT&S customers, including HCA Entities. Such Software and developments will be provided to Customer on the same schedule that they are provided to other IT&S customers, including HCA Entities. Notwithstanding the foregoing, IT&S shall have no obligation to provide Software or developments where such Software or developments are licensed from third parties who refuse, after good faith requests by IT&S, to allow such provision of their products. If Customer elects not to implement the New Software, IT&S shall continue to support the Software that it was intended to replace during the Section 3(d) Period (as defined below) with the fees and charges not to exceed the fees and charges determined in accordance with Schedule B this Agreement and Customer may elect to continue to use the old Software for some or all of the Section 3(d) Period. The Section 3(d) Period shall be the longer of (A) * (*) months after the initial notification to Customer by IT&S of its final decision to migrate to New Software or (B) * (*) months after all of the HCA Entities have fully implemented the New Software. Notwithstanding the foregoing, if the change to New Software is due to either the full discontinuation of support of any Third Party Software (without a migration path to a new version or replacement software that is both commercially reasonable and fits within IT&S’s strategic plan as documented in its annual plans and discussed in its quarterly meetings attended by a Customer representative) or the termination or non-renewal of any Third Party...
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New Software. New Software in object code form only shall be provided by Aironet to Telxon at reasonable negotiated prices and terms, not to exceed the prices charged, and on terms no less favorable than those extended, to its most favored customers for similar works or deliverables. Aironet will use its reasonable best efforts to (i) make available under this Section 4.2 no later than March 31, 1999, fully functional access point software in object code form only, which, without limitation, supports 802.11, developed on a commercially available real time operating system and (ii) assist Telxon in its porting to the real time operating system referred to in clause (i) of any improvements, additions, or modifications made by or for Telxon to the 802.11 Supported Access Point Software, and Telxon shall pay Aironet for such assistance at Aironet's cost plus fifty percent (50%).
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New Software. CHSPSC may, in its sole discretion, migrate to new Software (“New Software”) to replace any CHSPSC Software or Third Party Software which shall be offered to Customer by CHSPSC at a price to be determined by CHSPSC below at the time of such offering. If the Customer elects not to purchase such New Software, CHSPSC shall, at its option, either (1) continue to support the current Software utilized by Customer at prices to be reasonably determined by CHSPSC, or (2) permit Customer to contract with a third party to obtain support for the current Software utilized by Customer. The Customer shall make such election within 60 days after CHSPSC provides an offer describing such New Software and specifying the pricing for same.
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New Software. Any new Software to be used in connection with Services after the Statement of Work Effective Date shall only be added to the Statement of Work using the Change Control Procedures and shall be subject to the terms and conditions applicable to such Software as set forth herein or as may be otherwise mutually agreed in the Change Control Procedures.‌
Sample 1
New Software. When Service Provider develops Software pursuant to a Work Agreement or a Change Order, Service Provider and WG shall jointly prepare specifications for such Software, and Service Provider shall warrant for the time period (if any) specified in the applicable Work Agreement or Change Order that such Software shall perform in accordance with such specifications in all material respects. Service Provider shall use and comply with generally accepted coding practices and any standards or requirements expressly set forth in an applicable Work Agreement.
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New Software. Royalties for New Software shall remain on a per copy basis in accordance with the terms of the Agreement.
Sample 1
New Software. The Licensed Programs include only (i) the current versions of such programs as of the Effective Date of this Agreement or the Effective Date of any subsequent Addendum, and (ii) enhancements, modifications or revisions to such programs prepared by DCL pursuant to an Addendum to this Agreement. Any new DCL software or revisions to the Licensed Programs which provide significant functional capabilities over and above those of the Licensed Programs other than revisions prepared for CCC pursuant to this Agreement or an applicable Addendum ("New Software") shall be considered outside the terms of this Agreement; the two parties may agree that DCL will license such New Software to CCC by execution of a new Addendum to this Agreement. In such an event, such license will be at terms no less favourable than licenses granted for the corresponding function to any other DCL licensees.
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Related to New Software

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

  • Third Party Software 1. The Software may contain third party software that requires and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions are located at xxxx://xxx.xxxxxxxxx.xxx/thirdparty/index.html and are made a part of and incorporated by reference into this XXXX. By accepting this XXXX, You are also accepting the additional terms and conditions, if any, set forth therein.

  • Company Software “Company Software” shall mean any software (including software development tools and software embedded in hardware devices, and all updates, upgrades, releases, enhancements and bug fixes) owned, developed (or currently being developed), used, marketed, distributed, licensed or sold by an Acquired Corporation at any time (other than non-customized third-party software that is not incorporated into any Company Product and is licensed to an Acquired Corporation solely in object code form and solely for internal use on a non-exclusive basis).

  • Proprietary Software Depending upon the products and services You elect to access through Electronic Access, You may be provided software owned by BNY Mellon or licensed to BNY Mellon by a BNY Mellon Supplier (“Proprietary Software”). You are granted a limited, non-exclusive, non-transferable license to install the Proprietary Software on Your authorized computer system (including mobile devices registered with BNY Mellon) and to use the Proprietary Software solely for Your own internal purposes in connection with Electronic Access and solely for the purposes for which it is provided to You. You and Your Users may make copies of the Proprietary Software for backup purposes only, provided all copyright and other proprietary information included in the original copy of the Proprietary Software are reproduced in or on such backup copies. You shall not reverse engineer, disassemble, decompile or attempt to determine the source code for, any Proprietary Software. Any attempt to circumvent or penetrate security of Electronic Access is strictly prohibited.

  • Software Title and ownership to Existing Software Product(s) delivered by Contractor under the Contract that is normally commercially distributed on a license basis by the Contractor or other independent software vendor proprietary owner (“Existing Licensed Product”), embedded in the Custom Products, shall remain with Contractor or the proprietary owner of other independent software vendor(s) (ISV). Effective upon acceptance, such Product shall be licensed to Authorized User in accordance with the Contractor or ISV owner’s standard license agreement, provided, however, that such standard license, must, at a minimum: (a) grant Authorized User a non-exclusive, perpetual license to use, execute, reproduce, display, perform, adapt (unless Contractor advises Authorized User as part of Contractor’s proposal that adaptation will violate existing agreements or statutes and Contractor demonstrates such to the Authorized User’s satisfaction) and distribute Existing Licensed Product to the Authorized User up to the license capacity stated in the Purchase Order or work order with all license rights necessary to fully effect the general business purpose(s) stated in the Bid or Authorized User’s Purchase Order or work order, including the financing assignment rights set forth in paragraph (c) below; and (b) recognize the State of New York as the licensee where the Authorized User is a state agency, department, board, commission, office or institution. Where these rights are not otherwise covered by the ISV’s owner’s standard license agreement, the Contractor shall be responsible for obtaining these rights at its sole cost and expense. The Authorized User shall reproduce all copyright notices and any other legend of ownership on any copies authorized under this clause. Open source software is developed independently of Contractor and may be governed by a separate license (“open source software”). If the open source software is governed by a separate License and provided under this Contract, Contractor shall provide a copy of that license in the applicable Documentation and the Authorized User's license rights and obligations with respect to that open source software shall be defined by those separate license terms and subject to the conditions, if any, therein. Nothing in this Contract shall restrict, limit, or otherwise affect any rights or obligations the Authorized User may have, or conditions to which the Authorized User may be subject, under such separate open source license terms.

  • Open Source Software The Software product may include certain open source components that are subject to open source licenses (“Open Source Software”), in which case, the embedded Open Source Software is owned by a third party. The Open Source Software is not subject to the terms and conditions of this XXXX. Instead, each item of Open Source Software is licensed under its applicable license terms which accompanies such Open Source Software. Nothing in this XXXX limits your rights under, nor grants you rights that supersede, the terms and conditions of any applicable license terms for the Open Source Software. Any fees charged by GC in connection with the SOFTWARE, do not apply to the Open Source Software for which fees may not be charged under the applicable license terms. The terms and conditions of the applicable license for the Open Source Software are available on the LICENSE.txt file, which is provided with the SOFTWARE.

  • Software Warranty We warrant that the Tyler Software will perform without Defects during the term of this Agreement. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the maintenance and support process set forth in Section C(9), below, the SLA and our then current Support Call Process.

  • Computer Software The Grantee certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Grant Agreement for the acquisition, operation, or maintenance of computer software in violation of copyright laws.

  • Intellectual Property; Software (a) Schedule 4.12 contains a list and description (showing in each case any product, device, process, service, business or publication covered thereby, the registered or other owner, expiration date and number, if any) of all Copyrights, Patent Rights and Trademarks owned by, licensed to or used by the Company.

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