Common use of Commercial Software License Clause in Contracts

Commercial Software License. Subject to the terms and conditions of this Agreement, including the payment of any and all applicable Subscription fees, Elastic hereby grants MSP during the term of this Agreement a non-exclusive, non-transferable, royalty-free, fully paid up, limited, right and license, without the right to grant or authorize sublicenses, to: (i) use the Commercial Software for Non-Production Purposes; (ii) use the Eligible Features and Functions of the Commercial Software that are applicable to the Subscription Level purchased, for the number of Billable Nodes and/or Resource Units for which the applicable Subscription was purchased and for the duration of the applicable Subscription Term, solely as part of a Managed Services Offering made available to MSP Clients that have entered into an MSP Client Agreement, and (iii) prepare derivative works from the Documentation provided by Elastic to MSP, for the purpose of creating documentation for the Managed Services Offering. The Subscription Level, the number of Billable Nodes and/or Resource Units and the Managed Services Offering for which the applicable Subscription was purchased, are set forth on the applicable Order Form entered into by Elastic and MSP for the purchase of the applicable Subscription. For the avoidance of doubt, MSP’s use of any Open Source Software is subject to the applicable open source license, which may set forth terms and conditions that are in addition to or different from those set forth in this Agreement, but which will not restrict the license rights granted to MSP hereunder, and which may contain additional rights.