Common use of AND ADDITIONAL COPIES Clause in Contracts

AND ADDITIONAL COPIES. For purposes of this Agreement, "Software" shall include (and the terms and conditions of this Agreement shall apply to) any upgrades, updates, bug fixes or modified versions (collectively, "Upgrades") or backup copies of the Software licensed or provided to Customer by Brocade or its authorized distributor; provided that Customer has paid the applicable license fees and holds the corresponding license keys for such copies or Upgrades. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, CUSTOMER HAS NO LICENSE OR RIGHT TO USE ANY SUCH ADDITIONAL COPIES OR UPGRADES 29 30 UNLESS (1) CUSTOMER, AT THE TIME OF ACQUIRING SUCH COPY OR UPGRADE, ALREADY HOLDS A VALID LICENSE AND THE CORRESPONDING LICENSE KEYS TO THE ORIGINAL SOFTWARE; (2) SUCH ADDITIONAL COPIES OR UPGRADES ARE USED ONLY ON THE BROCADE EQUIPMENT FOR WHICH THE ORIGINAL SOFTWARE IS LICENSED; AND (3) CUSTOMER IS THE ORIGINAL END USER PURCHASER OR LESSEE OF SUCH BROCADE EQUIPMENT. Except as explicitly provided for in the Limited Warranty section below, Brocade reserves the right to charge additional fees for such additional copies and Upgrades. NOTICES OF PROPRIETARY RIGHTS. Customer may make such backup copies of the Software as may be necessary for Customer's lawful use, provided Customer affixes to such copies all trademark, copyright, patent, and notices of other proprietary rights on any such copies, in whatever form, of the Software in the same form and manner that such notices appear in the Software. Except as expressly authorized in this Agreement, Customer shall not make any copies or duplicates of any Software without the prior written permission of Brocade.

AND ADDITIONAL COPIES. For purposes of this Agreement, "Software" shall include (and the terms and conditions of this Agreement shall apply to) any upgrades, updates, bug fixes or modified versions (collectively, "Upgrades") or backup copies of the Software licensed or provided to Customer by Brocade or its authorized distributor; provided that Customer has paid the applicable license fees and holds the corresponding license keys for such copies or Upgrades. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, CUSTOMER HAS NO LICENSE OR RIGHT TO USE ANY SUCH ADDITIONAL COPIES OR UPGRADES 29 30 UNLESS (1) CUSTOMER, AT THE TIME OF ACQUIRING SUCH COPY OR UPGRADE, ALREADY HOLDS A VALID LICENSE AND THE CORRESPONDING LICENSE KEYS TO THE ORIGINAL SOFTWARE; (2) SUCH ADDITIONAL COPIES OR UPGRADES ARE USED ONLY ON THE BROCADE EQUIPMENT FOR WHICH THE ORIGINAL SOFTWARE IS LICENSED; AND (3) CUSTOMER IS THE ORIGINAL END USER PURCHASER OR LESSEE OF SUCH BROCADE EQUIPMENT. Except as explicitly provided for in the Limited Warranty section below, Brocade reserves the right to charge additional fees for such additional copies and Upgrades. NOTICES OF PROPRIETARY RIGHTS. Customer may make such backup copies of the Software as may be necessary for Customer's lawful use, provided Customer affixes to such copies all trademark, copyright, patent, and notices of other proprietary rights on any such copies, in whatever form, of the Software in the same form and manner that such notices appear in the Software. Except as expressly authorized in this Agreement, Customer shall not make any copies or duplicates of any Software without the prior written permission of Brocade.

AND ADDITIONAL COPIES. For purposes of this Agreement, "Software" shall include (and the terms and conditions of this Agreement shall apply to) any upgrades, updates, bug fixes or modified versions (collectively, "Upgrades") or backup copies of the Software licensed or provided to Customer by Brocade BCS or its an authorized distributor; provided that distributor for which Customer has paid the applicable license fees and holds the corresponding license keys for such copies or Upgradessoftware keys. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, : (1) CUSTOMER HAS NO LICENSE OR RIGHT TO USE ANY SUCH ADDITIONAL COPIES OR UPGRADES 29 30 UNLESS (1) CUSTOMER, AT THE TIME OF ACQUIRING SUCH COPY OR UPGRADE, ALREADY HOLDS A VALID LICENSE AND THE CORRESPONDING LICENSE Software KEYS TO THE ORIGINAL SOFTWARESoftware; AND (2) SUCH ADDITIONAL COPIES OR USE OF UPGRADES ARE USED ONLY ON THE BROCADE IS LIMITED TO BCS EQUIPMENT FOR WHICH THE ORIGINAL SOFTWARE IS LICENSED; AND (3) CUSTOMER IS THE ORIGINAL END USER PURCHASER OR LESSEE OF SUCH BROCADE EQUIPMENT. Except as explicitly provided for in the Limited Warranty section below, Brocade reserves the right to charge additional fees for such additional copies and UpgradesLESSEE. NOTICES OF PROPRIETARY RIGHTS. Customer agrees to maintain and reproduce all trademark, copyright, patent, and notices of other proprietary rights on all copies, in any form, of the Software in the same form and manner that such trademark, copyright, patent, and notices of other proprietary notices rights are included on the Software. Except as expressly authorized in this Agreement, Customer shall not make any copies or duplicates of any Software without the prior written permission of BCS. Customer may make such backup copies of the Software as may be necessary for Customer's lawful use, provided Customer affixes to such copies all trademark, copyright, confidentiality, and patent, and notices of other proprietary notices rights that appear on any such copies, in whatever form, of the Software in the same form and manner that such notices appear in the Software. Except as expressly authorized in this Agreement, Customer shall not make any copies or duplicates of any Software without the prior written permission of Brocadeoriginal.