Commercial Software. The SOFTWARE and its accompanying Documentation are deemed to be “commercial computer software” and “commercial computer software documentation”, respectively, for purposes of Federal Acquisition Regulations (“FAR”) 12.212 and the Defense FAR Supplement (“DFARS”) 227.7202-1, 227.7202-3, and 227.7202-4, and the restrictions set forth in such regulations, and this Agreement shall be deemed to be the license described in such regulations. Any use, modification, reproduction, release, performance, display, or disclosure of the SOFTWARE or its accompanying Documentation by any agency, department, or entity of the United States Government (the “Government”) shall be governed solely by the terms of this Agreement and is prohibited except to the extent expressly permitted by the terms of this Agreement. The SOFTWARE and its accompanying Documentation are also deemed to be “restricted computer software” for purposes of FAR 52.227-14(g)(3) (Alternate III (June 1987)) and FAR 52.227-19, which clauses are incorporated herein by reference subject to the express restrictions and prohibitions set forth above.
Commercial Software. Subject to Your payment of the applicable fees and the terms and conditions of this Agreement, NetIQ hereby grants You a nonexclusive and nontransferable license to install and execute the object form of the Software and the Permitted Derivative Works during the Term, and for the Organization which purchased the Software. SLES® Appliance License. The Sentinel Soft Appliance includes the SUSE® Linux Enterprise Server product (SLES). You acknowledge and agree to the following restriction with respect to use of SLES. Notwithstanding the license grant in the SLES license agreement that may accompany the copy of SLES You received with the Software, You agree to use SLES solely for the purpose of running the Software and not as a general purpose operating system. SLES includes components that are open source packages accompanied by separate license terms. Your license rights with respect to individual components accompanied by separate license terms are defined by those terms; nothing in this Agreement shall restrict, limit, or otherwise affect any rights or obligations You may have, or conditions to which You may be subject, under such open source license terms. SLE High Availability Extensions® Appliance License. The Sentinel HA Soft Appliance includes the SUSE® Linux Enterprise High Availability Extension product (SLE HAE). You acknowledge and agree to the following restriction with respect to use of SLE HAE. Notwithstanding the license grant in the SLE HAE license agreement that may accompany the copy of SLE HAE You received with the Software, You agree to use SLE HAE solely for the purpose of running the Software and not as a general purpose high availability platform. SLE HAE includes components that are open source packages accompanied by separate license terms. Your license rights with respect to individual components accompanied by separate license terms are defined by those terms; nothing in this Agreement shall restrict, limit, or otherwise affect any rights or obligations You may have, or conditions to which You may be subject, under such open source license terms.
Commercial Software. The Programs and the Documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
Commercial Software packaged commercial software programs generally available to the public through retail dealers in computer software or directly from the manufacturer that have been licensed to a Company and that are used in a Company’s business but are in no way a component of or incorporated in or specifically required to develop any of a Company’s products and related trademarks and technology.
Commercial Software. DEFINITIONS:
Commercial Software. The following licenses apply to Your use of the Software depending on which product licenses You have purchased and whether You have purchased licenses to individual products or suite. The Micro Focus File Management Suites are each licensed as a suite of products and are subject to the provisions below regarding suite licensing.
Commercial Software. NetIQ Corporation (“NetIQ”) hereby grants to You as licensee, a nonexclusive, nontransferable license, without right of sublicense, to install, use and execute the software identified in the purchase documentation issued to You by NetIQ, together with any updates and modifications to the foregoing, if any, provided to You by NetIQ (collectively “Software”). The Software is licensed solely in machine readable object code format and solely for Your internal business use, in accordance with the terms of this Agreement, the Purchase Documentation, the Documentation accompanying this Software, and the applicable product use rights and restrictions (“Product Use Rights”) as set forth in the Product Use Rights Appendix which is hereby attached to this Agreement and incorporated by reference.
Commercial Software. The following licenses apply to Your use of the Software depending on which product licenses You have purchased and whether You have purchased licenses to individual products or suite. The Novell File Management Suites are each licensed as a suite of products and are subject to the provisions below regarding suite licensing.
Commercial Software. As defined in FAR section 2.101, the Software and Documentation are “commercial items” and according to DFAR section 252.227-7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software and documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely on the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.
Commercial Software. Licensor hereby grants to You as licensee, a nonexclusive, nontransferable license, without right of sublicense, to install, use and execute the software identified in the purchase documentation issued to You by Licensor, together with any updates and modifications to the foregoing, if any, provided to You by Licensor (collectively “Software”). The Software is licensed solely in machine readable object code format and solely for Your internal business use, in accordance with the terms of this Agreement, the Purchase Documentation, the Documentation accompanying this Software, and the applicable product use rights and restrictions (“Product Use Rights”) as set forth in the Product Use Rights Appendix which is hereby attached to this Agreement and incorporated by reference. Except where otherwise provided in the Product Use Rights Appendix, Non-Production use (as definied therein) is permitted by any Licensee with a licensed installation of Sentinel so long as such Non-Production use is solely for testing and development in support of such Licensee’s Sentinel deployment. Authorized Non-Production use (EPS) are not counted in Total or Stored EPS except as otherwise provided in the Product Use Rights Appendix.
