Binary License Grant Clause Samples
A Binary License Grant is a contractual provision that permits the licensee to use, distribute, or sublicense software in its compiled, executable (binary) form rather than in source code form. Typically, this clause outlines the scope of rights granted, such as allowing the licensee to distribute the software as part of a product or to end users, but not to modify or access the underlying source code. Its core practical function is to enable the controlled sharing and use of software while protecting the licensor’s intellectual property by restricting access to the source code.
Binary License Grant. Subject to and conditioned upon Customer's compliance with the payment obligations, limitations and restrictions set forth in this Agreement, with respect to Software, Sun grants to Customer a personal, non-transferrable, and nonexclusive, royalty-bearing, limited right and license as follows:
(a) to make copies of the Software from Master Media, install those copies in Customer's Products as part of the manufacturing process prior to shipment, and distribute such copies as part of Customer's Products in accordance with the terms of this Agreement;
(b) to copy Software from Master Media onto separate packaged product storage media such as CD-ROMs ("White-CD") and distribute for use with Customer's Product one White-CD with each Customer's Product incorporating Software installed from Master Media;
(c) to the extent Updates are made available, to distribute unbundled Updates to Customer's Installed Base for use only with Installed Systems. Updates will be made available solely at Sun's discretion. Such distributions, if any, must be made pursuant to an agreement with each End User restricting use of the Update to Installed Systems.