Eligibility of Software Clause Samples
The 'Eligibility of Software' clause defines the criteria that software must meet to be considered acceptable under the terms of an agreement. This typically involves specifying requirements such as licensing status, compatibility, security standards, or compliance with certain regulations. For example, the clause may state that only open-source software with approved licenses or software that passes specific security audits can be used. Its core practical function is to ensure that only software meeting agreed-upon standards is utilized, thereby reducing legal, operational, or security risks for the parties involved.
Eligibility of Software. Software shall be eligible for Services under this Agreement so long as (i) the Software meets ▇▇▇▇▇▇’s specified Minimum Revision Level (as defined in Paragraph 1.3), (ii) the Software is unmodified by Customer unless done so at the express direction of Corero; and (iii) the Software was purchased from Corero or one of Authorized Partners and the purchase is covered by a valid software license agreement between Customer and Corero. Where Customer does not renew Services in respect of any Software, for a period greater than sixty (60) days, Corero shall only reinstate such after review and written approval and only after all fees have been paid by Customer.
Eligibility of Software. Maintenance and Support will not include services requested as a result of, or with respect to, the following, and any services requested as a result thereof will be billed to Customer at Denodo’s then-current rates:
Eligibility of Software. Maintenance and Support will not include services requested as a result of, or with respect to, (i) improper installation by Customer or use of the Software that deviates from any operating procedures established by CrossWorlds in the applicable Documentation, (ii) attempted or actual modification, alteration, additions or extensions to or of the Software by Customer or any third party (except for modifications, alterations, additions or extensions to or of the Software permitted in writing by CrossWorlds), (iii) accident, electrical failure, or failure of air conditioning or humidity control, (iv) any version of the Software more than one Update prior to the currently commercially available Update of the Software so long as CrossWorlds timely provided each of the Updates; (v) failure to incorporate an Update previously released and provided by CrossWorlds and (vi) any portion(s) of the Software customized by CrossWorlds, Customer or a Third Party Consultant for Customer's use. 7.4. Responsibilities of Customer. CrossWorlds' provision of Maintenance and Support to Customer is subject to (and if Customer employs a Third Party Consultant as described in Section 2.7, such Third Party Consultant's compliance with) the following:
7.4.1. Customer shall provide CrossWorlds with access to Customer's personnel and Environment during normal business hours. This access must include the ability to dial-in to any part of the Environment on which the Software is operating necessary to maintain the Software. CrossWorlds will inform Customer of the specifications of the modem equipment needed, and Customer will be responsible for the costs and use of said equipment.
7.4.2. Customer shall provide supervision, control and management of the Use of the Software. In addition, Customer shall implement procedures for the protection of information and the implementation of backup facilities in the event of errors or malfunction of the Software or Environment.
7.4.3. Customer shall document and promptly report all errors or malfunctions of the Software sufficient to enable CrossWorlds to replicate and verify the error or malfunction. Customer shall take all steps necessary to carry out procedures for the rectification of errors or malfunctions within a reasonable time after such procedures have been received from CrossWorlds.
7.4.4. Customer shall maintain a current backup copy of all programs and data.
7.4.5. Customer shall properly train its personnel in the Use and application ...
Eligibility of Software. Maintenance and Support will not include services ----------------------- requested as a result of, or with respect to, the following, and any services requested as a result thereof will be billed to Customer at Numerical Technologies' then-current rates:
(a) accident; unusual physical, electrical or electromagnetic stress; neglect; misuse; failure of electric power; operation of the Software with other media not meeting or not maintained in accordance with the manufacturer's specifications; or causes other than ordinary use;
(b) improper installation or operation by Customer or use of the Software that deviates from any hardware, configuration, environmental or operating procedures established by Numerical Technologies in the applicable Documentation;
(c) modification, alteration or addition or attempted modification, alteration or addition of the Software undertaken by persons other than Numerical Technologies or Numerical Technologies' authorized representatives; or
(d) programs made by Customer.
Eligibility of Software. Maintenance and Support will not include services requested as a result of, or with respect to, the following, and any services requested as a result thereof will be billed to Customer at Denodo’s then- current rates: i accident; unusual physical, electrical or electromagnetic stress; neglect; misuse; failure of electric power, air conditioning or humidity control; failure of rotation media not furnished by Denodo; operation of the Software with other media not meeting or not maintained in accordance with the manufacturer’s specifications; or causes other than ordinary use; ii improper installation by Customer or use of the Software that deviates from any operating procedures established by Denodo in the applicable Documentation; iii modification, alteration or addition or attempted modification, alteration or addition of the Software undertaken by persons other than Denodo or Denodo’s authorized representatives; or iv software or technology of any party other than Denodo.
Eligibility of Software. Maintenance and Support will not include services requested as a result of, or concerning, the following:
(i) accident; unusual physical, electrical, or electromagnetic stress; neglect; misuse; failure of electric power, air conditioning, or humidity control; failure of rotation media not furnished by PurpleCube;
(ii) operation of the Software with other media not meeting or not maintained by the manufacturer’s specifications; or causes other than ordinary use;
(iii) improper installation by you or use of the Software that deviates from any operating procedures established by PurpleCube in the applicable Documentation;
(iv) modification, alteration or addition or attempted modification, alteration, or acquisition of the Software undertaken by persons other than PurpleCube or PurpleCube’s authorized representatives; or
(v) software or technology of any party other than PurpleCube.
Eligibility of Software. Maintenance and Support will not include services requested as a result of, or with respect to, the following (except to the extent caused by TNT), and any services requested as a result thereof will be billed to TNC at a rate of two hundred forty percent (240%) of the applicable hourly fee, pay, wage, or salary of the employee performing such services, plus out-of-pocket expenses associated therewith; provided, however, that if such services are performed by a consultant of TNT, such rate shall be one hundred twenty percent (120%) of the applicable hourly fee of such consultant:
(a) accident; unusual physical, electrical or electromagnetic stress; neglect; misuse; failure of electric power, air conditioning or humidity control; failure of rotation media not furnished by TNT; operation of the Software with other media not meeting or not maintained in accordance with the manufacturer's specifications; or causes other than ordinary use;
(b) improper installation by TNC or use of the Software that deviates from any operating procedures communicated in writing by TNT;
(c) modification, alteration or addition or attempted modification, alteration or addition of the Software undertaken by persons other than TNT or TNT's authorized representatives; or
(d) computer programs created by TNC or any third party that are not supplied or approved by TNT; or
Eligibility of Software. Linuxcare Services shall not include services ----------------------- requested as a result of, or with respect to, the following, and any such services if provided by Linuxcare shall be provided (if at all) as part of a separate Linuxcare Professional Services contract: