Common use of Conditions of Use Clause in Contracts

Conditions of Use. Under the present Software License, the Licensee shall: • maintain the Software and the relating documentation in good working condition, in order to ensure the correct operation thereof; • use the Software in accordance with such documentation and the User Guide, and ensure that the staff using the Software has received the appropriate training; • use the Software exclusively in the technical environment defined in the applicable User Guide, except as otherwise agreed in writing between the parties (subject to said agreement, decompilation may be exceptionally agreed to by the Licensor in order for the Licensee to obtain the necessary information to enable the Software to function in another technical environment); • use the Software for its own internal needs and on its network only, when technically possible, and exclusively on the machine referenced and the site declared; • not alter, reverse engineer, modify or adapt the Software, nor integrate all or part of the Software in any manner whatsoever into another software product; • when the source code is provided to the Licensee, the Licensee shall have the right to study and test the Software, under conditions to be expressly specified by the Licensor, but in no event shall the Licensee have the right to correct, modify or translate the Software; AVA - A320 Family PA AMENDED AND RESTATED • not correct the Software, except that such correction right may exceptionally be granted to the Licensee by the Licensor in writing • not translate, disassemble or decompile the Software, nor create a software product derived from the Software; • not attempt to or authorize a third party to discover or re-write the Software source codes in any manner whatsoever; • not delete any identification or declaration relative to the intellectual property rights, trademarks or any other information related to ownership or intellectual property rights provided in the Software by the Licensor; • not pledge, sell, distribute, grant, sub-license, lease, lend, whether on a free-of-charge basis or against payment, or permit access on a time-sharing basis or any other utilization of the Software, whether in whole or in part, for the benefit of a third party; • not permit any third party to use the Software in any manner, including but not limited to, any outsourcing, loan, commercialization of the Software or commercialization by merging the Software into another software or adapting the Software, without prior written consent from the Licensor. The Licensor shall be entitled, subject to providing reasonable prior written notice thereof to the Licensee, to come and verify in the Licensee’s facilities whether the conditions specified in the present Software License are respected. This shall not however engage the responsibility of the Licensor in any way whatsoever.

Appears in 3 contracts

Samples: Letter Agreement (Avianca Holdings S.A.), Letter Agreement (Avianca Holdings S.A.), Letter Agreement (Avianca Holdings S.A.)

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Conditions of Use. Under the present Software LicenseLicence, the Licensee shall: · do its utmost to maintain the Software and the relating documentation in good working condition, in order to ensure the correct operation thereof; · use the Software in accordance with such documentation and the User Guide, and ensure that the staff using the Software has received the appropriate training; · use the Software exclusively in the technical environment defined in the applicable User Guide, except as otherwise agreed in writing between the parties (subject to said agreement, decompilation may be exceptionally agreed to by the Licensor in order for the Licensee to obtain the necessary information to enable the Software to function in another technical environment); · use the Software for its own internal needs and on its network only, when technically possible, and exclusively on the machine referenced and the site declared; · not alter, reverse engineer, modify or adapt the Software, nor integrate all or part of the Software in any manner whatsoever into another software product; · when the source code is provided to the Licensee, the Licensee shall have the right to study and test the Software, under conditions to be expressly specified by the Licensor, but in no event shall the Licensee have the right to correct, modify or translate the Software; AVA - A320 Family PA AMENDED AND RESTATED • not · nor correct the Software, except that such correction right may exceptionally be granted to the Licensee by the Licensor in writing · not translate, disassemble or decompile the Software, nor create a software product derived from the Software; · not attempt to or authorize a third party to discover or re-write the Software source codes in any manner whatsoever; · not delete any identification or declaration relative to the intellectual property rights, trademarks or any other information related to ownership or intellectual property rights provided in the Software by the Licensor; · not pledge, sell, distribute, grant, sub-licenselicence, lease, lend, whether on a free-of-charge *** basis or against payment, or permit access on a time-sharing basis or any other utilization of the Software, whether in whole or in part, for the benefit of a third party; · not permit any third party to use the Software in any manner, including but not limited to, any outsourcing, loan, commercialization of the Software or commercialization by merging the Software into another software or adapting the Software, without prior written consent from the Licensor. *** This information is subject to confidential treatment and has been omitted and filed separately with the Commission. A319/A320 – CSN – 01/04 CC-C 3370036/02 APPENDIX A TO CLAUSE 14 The Licensor shall be entitled, subject to providing reasonable prior written notice thereof to the Licensee, to come and verify in the Licensee’s facilities whether the conditions specified in the present Software License Licence are respected. This shall not however engage the responsibility of the Licensor in any way whatsoever.

Appears in 2 contracts

Samples: Letter Agreement (China Southern Airlines Co LTD), Letter Agreement (China Southern Airlines Co LTD)

Conditions of Use. Under the present Software LicenseLicence, the Licensee shall: - do its utmost to maintain the Software and the relating documentation in good working condition, in order to ensure the correct operation thereof; - use the Software in accordance with such documentation and the User Guide, and ensure that the staff using the Software has received the appropriate training; - use the Software exclusively in the technical environment defined in the applicable User Guide, except as otherwise agreed in writing between the parties (subject to said agreement, decompilation may be exceptionally agreed to by the Licensor in order for the Licensee to obtain the necessary information to enable the Software to function in another technical environment); - use the Software for its own internal needs and on its network only, when technically possible, and exclusively on the machine referenced and the site declared; - not alter, reverse engineer, modify or adapt the Software, nor integrate all or part of the Software in any manner whatsoever into another software product; - when the source code is provided to the Licensee, the Licensee shall have the right to study and test the Software, under conditions to be expressly specified by the Licensor, but in no event shall the Licensee have the right to correct, modify or translate the Software; AVA - A320 Family PA AMENDED AND RESTATED • not nor correct the Software, except that such correction right may exceptionally be granted to the Licensee by the Licensor in writing - not translate, disassemble or decompile the Software, nor create a software product derived from the Software; - not attempt to or authorize a third party to discover or re-write the Software source codes in any manner whatsoever; - not delete any identification or declaration relative to the intellectual property rights, trademarks or any other information related to ownership or intellectual property rights provided in the Software by the Licensor; - not pledge, sell, distribute, grant, sub-licenselicence, lease, lend, whether on a free-of-charge basis or against payment, or permit access on a time-sharing basis or any other utilization of the Software, whether in whole or in part, for the benefit of a third party; - not permit any third party to use the Software in any manner, including but not limited to, any outsourcing, loan, commercialization of the Software or commercialization by merging the Software into another software or adapting the Software, without prior written consent from the Licensor. The Licensor shall be entitled, subject to providing reasonable prior written notice thereof to the Licensee, to come and verify in the Licensee’s 's facilities whether the conditions specified in the present Software License Licence are respected. This shall not however engage the responsibility of the Licensor in any way whatsoever.

Appears in 2 contracts

Samples: Letter Agreement (China Eastern Airlines Corp LTD), A330 Purchase Agreement (China Eastern Airlines Corp LTD)

Conditions of Use. Under the present Software LicenseLicence, the Licensee shall: do its utmost to maintain the Software and the relating documentation in good working condition, in order to ensure the correct operation thereof; use the Software in accordance with such documentation and the User Guide, and ensure that the staff using the Software has received the appropriate training; use the Software exclusively in the technical environment defined in the applicable User Guide, except as otherwise agreed in writing between the parties (subject to said agreement, decompilation may be exceptionally agreed to by the Licensor in order for the Licensee to obtain the necessary information to enable the Software to function in another technical environment); use the Software for its own internal needs and on its network only, when technically possible, and exclusively on the machine referenced and the site declared; not alter, reverse engineer, modify or adapt the Software, nor integrate all or part of the Software in any manner whatsoever into another software product; when the source code is provided to the Licensee, the Licensee shall have the right to study and test the Software, under conditions to be expressly specified by the Licensor, but in no event shall the Licensee have the right to correct, modify or translate the Software; AVA - A320 Family PA AMENDED AND RESTATED • not nor correct the Software, except that such correction right may exceptionally be granted to the Licensee by the Licensor in writing not translate, disassemble or decompile the Software, nor create a software product derived from the Software; not attempt to or authorize a third party to discover or re-write the Software source codes in any manner whatsoever; not delete any identification or declaration relative to the intellectual property rights, trademarks or any other information related to ownership or intellectual property rights provided in the Software by the Licensor; not pledge, sell, distribute, grant, sub-licenselicence (without the prior written consent of the Licensor), lease, lend, whether on a free-of-charge basis or against payment, or permit access on a time-sharing basis or any other utilization of the Software, whether in whole or in part, for the benefit of a third party; other than pursuant to an assignment or transfer of this Software Licence to which the Licensor has given its express consent, not permit any third party to use the Software in any manner, including but not limited to, any outsourcing, loan, commercialization of the Software or commercialization by merging the Software into another software or adapting the Software, without prior written consent from the Licensor. The Licensor shall be entitled, subject to providing reasonable prior written notice thereof to the Licensee, and subject to such inspections not disturbing the Licensee’s work or operations to come and verify in the Licensee’s facilities whether the conditions specified in the present Software License Licence are respected. This shall not however engage the responsibility of the Licensor in any way whatsoever.

Appears in 1 contract

Samples: Participation Agreement (AerCap Holdings N.V.)

Conditions of Use. Under the present Software LicenseLicence, the Licensee shall: - * to maintain the Software and the relating documentation in good working condition, in order to ensure the correct operation thereof; - use the Software in accordance with such documentation and the User Guide, and ensure that the staff using the Software has have received the appropriate training; - use the Software exclusively in the technical environment defined in the applicable User Guide, except as otherwise agreed in writing between the parties (subject to said agreement, decompilation may be exceptionally agreed to by the Licensor in order for the Licensee to obtain the necessary information to enable the Software to function in another technical environment); - use the Software for its own internal needs and on its network onlyonly (except if Seller has consented to other usages), when technically possible, and exclusively on the machine referenced and the site declared; - not alter, reverse engineer, modify or adapt the Software, nor integrate all or part of the Software in any manner whatsoever into another software product; - when the source code is provided to the Licensee, the Licensee shall have the right to study and test the Software, under conditions to be expressly specified by the Licensor, but in no event shall the Licensee have the right to correct, modify or translate the Software; AVA - A320 Family PA AMENDED AND RESTATED • not correct the Software, except that such correction right may exceptionally be granted to the Licensee by the Licensor in writing • writing; - not translate, disassemble or decompile the Software, nor create a software product derived from the Software; - not attempt to or authorize a third party to discover or re-write the Software source codes in any manner whatsoever; APPENDIX A TO CLAUSE 14 - not delete any identification or declaration relative to the intellectual property rights, trademarks or any other information related to ownership or intellectual property rights provided in the Software by the Licensor; - not pledge, sell, distribute, grant, sub-licenselicence, lease, lend, whether on a free-of-charge basis or against payment, or permit access on a time-sharing basis or any other utilization of the Software, whether in whole or in part, for the benefit of a third party; - not permit any third third-party to use the Software in any manner, including but not limited to, any outsourcing, loan, commercialization of the Software or commercialization by merging the Software into another software or adapting the Software, without prior written consent from the Licensor. The Licensor Licensor, *, shall be entitled, subject to providing reasonable prior written notice thereof to the Licensee and provided the same will not interfere with the Licensee's commercial operation, to come and verify in the Licensee’s 's facilities whether the conditions specified in the present Software License Licence are respected. This shall not however engage the responsibility of the Licensor in any way whatsoever.

Appears in 1 contract

Samples: Letter Agreement (Tam S.A.)

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Conditions of Use. Under the present Software License, the Licensee shallwill: • act diligently to maintain the Software and the relating documentation in good working condition, in order to ensure the correct operation thereof; • use the Software in accordance with such documentation and the User Guide, and ensure that the staff using the Software has received the appropriate training; • use the Software exclusively in the technical environment defined in the applicable User Guide, except as otherwise agreed in writing between the parties (subject to said agreement, decompilation may be exceptionally agreed to by the Licensor in order for the Licensee to obtain the necessary information to enable the Software to function in another technical environment); • use the Software for its own internal needs and on its network only, when technically possible, and exclusively on the machine referenced and the site declared; 139 • not alter, reverse engineer, modify or adapt the Software, nor integrate all or part of the Software in any manner whatsoever into another software product; • when the source code is provided to the Licensee, the Licensee shall have the right to study and test the Software, under reasonable conditions to be expressly specified by the Licensor, but in no event shall the Licensee have the right to correct, modify or translate the SoftwareSoftware [***]; AVA - A320 Family PA AMENDED AND RESTATED • not correct the Software, except that such correction right may exceptionally be granted to the Licensee by the Licensor in writing without Licensor’s prior written and express consent; • not translate, disassemble or decompile the Software, nor create a software product derived from the SoftwareSoftware [***]; • not attempt to or authorize a third party to discover or re-write the Software source codes in any manner whatsoeverwhatsoever [***]; • not delete any identification or declaration relative to the intellectual property rights, trademarks or any other information related to ownership or intellectual property rights provided in the Software by the Licensor; • not pledge, sell, distribute, grant, sub-license, lease, lend, whether on a free-of-charge basis or against payment, or permit access on a time-sharing basis or any other utilization of the Software, whether in whole or in part, for the benefit of a third party; • not permit any third party to use the Software in any manner, including but not limited to, any outsourcing, loan, commercialization of the Software or commercialization by merging the Software into another software or adapting the Software, without prior written consent from the Licensor. The Licensor shall be entitled, subject to providing reasonable prior written notice thereof to the Licensee, to come and make reasonable inspections to verify in the Licensee’s facilities whether the conditions specified in the present Software License are respected. This shall will not however engage the responsibility of the Licensor in any way whatsoever.

Appears in 1 contract

Samples: Letter Agreement (Flyi Inc)

Conditions of Use. Under the present Software LicenseLicence, the Licensee shall: • do its utmost to maintain the Software and the relating documentation in good working condition, in order to ensure the correct operation thereof; • use the Software in accordance with such documentation and the User Guide, and ensure that the staff using the Software has received the appropriate training; • use the Software exclusively in the technical environment defined in the applicable User Guide, except as otherwise agreed in writing between the parties (subject to said agreement, decompilation may be exceptionally agreed to by the Licensor in order for the Licensee to obtain the necessary information to enable the Software to function in another technical environment); • use the Software for its own internal needs and on its network only, when technically possible, and exclusively on the machine referenced and the site declared; • not alter, reverse engineer, modify or adapt the Software, nor integrate all or part of the Software in any manner whatsoever into another software product; • when the source code is provided to the Licensee, the Licensee shall have the right to study and test the Software, under conditions to be expressly specified by the Licensor, but in no event shall the Licensee have the right to correct, modify or translate the Software; AVA - A320 Family PA AMENDED AND RESTATED • not correct the Software, except that such correction right may exceptionally be granted to the Licensee by the Licensor in writing writing; • not translate, disassemble or decompile the Software, nor create a software product derived from the Software; ***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission. XXXXXXXX X TO CLAUSE 14 • not attempt to or authorize a third party to discover or re-write the Software source codes in any manner whatsoever; • not delete any identification or declaration relative to the intellectual property rights, trademarks or any other information related to ownership or intellectual property rights provided in the Software by the Licensor; • not pledge, sell, distribute, grant, sub-licenselicence, lease, lend, whether on a free-of-charge basis or against payment, or permit access on a time-sharing basis or any other utilization of the Software, whether in whole or in part, for the benefit of a third party; • not permit any third party to use the Software in any manner, including but not limited to, any outsourcing, loan, commercialization of the Software or commercialization by merging the Software into another software or adapting the Software, without prior written consent from the Licensor. The Licensor shall be entitled, subject to providing reasonable prior written notice thereof to the Licensee, to come and verify in the Licensee’s facilities whether the conditions specified in the present Software License Licence are respected. This shall not however engage the responsibility of the Licensor in any way whatsoever.

Appears in 1 contract

Samples: Letter Agreement (Controladora Vuela Compania De Aviacion, S.A.B. De C.V.)

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