COTS Software. The foregoing requirements will not preclude the acquisition or use of commercial off-the-shelf software that is developed outside the United States or hardware that is generically configured outside the United States.
COTS Software. With respect to Materials provided under the Contract that are commercial-off-the-shelf (COTS) software, Contractor warrants that: (a) to the extent possible, it will test the software before delivery using commercially available virus detection software conforming to current industry standards; (b) the COTS software will, to the best of its knowledge, at the time of delivery be free of viruses, backdoors, worms, spyware, malware, and other malicious code that could hamper performance, collect unlawfully any personally identifiable information, or prevent products from performing as required by the Contract; and (c) it will provide a new or clean install of any COTS software that State has reason to believes contains harmful code. 14.8.3
COTS Software. “COTS Software” shall have the meaning set forth in Section 2.9(c)(i).
COTS Software. The term "COTS Software" shall mean Integral Systems, Inc.'s commercial off the shelf software, object code only.
COTS Software. The term "COTS Software" shall mean *** commercial off the shelf software, object code only.
COTS Software. 28 13.0 Liability.................................................... 29 14.0 Waiver....................................................... 29 15.0 Warranty..................................................... 29
COTS Software. To the extent Customer’s use of the Deliverables requires Customer to license any COTS Software (as defined below) from QIAGEN, the Parties agree that the license in Section
COTS Software. In the event that Vendor specifies terms and conditions or clauses in an electronic license agreement notice that conflict with the terms of this Contract, the additional terms and conditions or conflicting clauses shall not be binding on the State and the provisions of this Contract shall prevail. Obligations of Permitted Subcontractor If the Vendor is permitted to utilize subcontractors in support of this Contract, the Vendor shall remain solely responsible for its obligations under the terms of this Contract and for its actions and omissions and those of its agents, employees and subcontractors. Any proposed subcontractor shall be identified by entity name and by employee name in the applicable proposal and shall include the nature of the services to be performed. Prior to a subcontractor being utilized by the Vendor in connection with provision of the Products, the Vendor shall obtain written approval of the State of such subcontractor and each employee of such subcontractor proposed for use by the Vendor. Such approval is within the sole discretion of the State. As part of the approval request, the Vendor shall provide a copy of a written agreement executed by the Vendor and subcontractor setting forth that such subcontractor is bound by and agrees to perform the same covenants and be subject to the same conditions, and make identical certifications to the same facts and criteria, as the Vendor under the terms of all applicable Contract Documents. Vendor agrees that maintaining such agreement with any subcontractor and obtaining prior approval by the State of any subcontractor and associated employees shall be a continuing obligation. The State further reserves the right to revoke approval of a subcontractor or an employee thereof in instances of poor performance, misconduct or for other similar reasons. All payments for Products shall be made directly to the Vendor. No payments shall be made to the Vendor for any services performed pursuant to this Contract by unapproved or disapproved employees of the Vendor or a subcontractor. Ordering Any Product furnished under this Contract shall be ordered by the issuance of a written purchase order or by the use of a valid State purchase card. There is no limit on the number of purchase orders that may be issued or purchase card transactions and delivery to multiple destinations may be required, at no additional cost to the procuring entity. All such issued purchase orders and purchase card transactions are su...
COTS Software. Section 3.17(c) DGCL..................................................Section 2.1
COTS Software. Agency rights in the COTS Software shall be as set forth in the end user license agreements between Agency and the Licensor of such COTS Software, which shall be attached hereto as Contract Exhibit K, provided that Contractor shall, to the extent possible, ensure that Agency’s rights in COTS Software delivered by Contractor under this Contract are no less extensive than Agency’s rights in Third Party Intellectual Property under Section 7.3. In the event Contractor is unable to obtain such rights, Contractor shall notify Agency in writing of its inability to grant Agency such rights and the cost and viability of any other software that can perform the requisite functions and with respect to which Contractor has the ability to grant such rights. With Agency’s written approval, Contractor may obtain and introduce the alternative software to provide the Services.
