Excluded License. Company’s rights to any of the Products do not include any license, right, power or authority to cause any part of the Products to become subject to the terms of an excluded license. An “excluded license” is any license, such as an open source software license, that requires as a condition of use, modification or distribution of software subject to the excluded license, that it or other software combined or distributed with it be: (i) disclosed or distributed in source code form; (ii) licensed for the purpose of making derivative works; or (iii) redistributable at no charge.
Excluded License. A party’s rights to any of the other’s Products under the Agreement do not include any license, right, power, or authority to subject the other’s Products to any of the terms of an Excluded License. A party may use or distribute the other’s Products with other material that is subject to an Excluded License only if such Products are used or distributed in a manner that does not subject, or purport to subject, such Products (or any intellectual property related to the Products) to the terms of an Excluded License.
Excluded License. The term “Excluded License” shall have the meaning set forth in Section 3.14(m).
Excluded License. 1. License rights to any Product (or any MS or MS Affiliate intellectual property associated with that Product) do not include any license, right, power or authority to subject the Product software or derivative works in whole or in part to any of the terms of an Excluded License.
Excluded License. Any applications or software amended or created by You, shall not include software, documentation, or other materials that, in whole or in part, are governed by or subject to an Excluded License, or that would otherwise cause the Application to be subject to the terms of an Excluded License.
Excluded License. Your rights to the Services do not include any license, right, power or authority to cause any part of the Services to become subject to the terms of an Excluded License. NO IMPLIED WARRANTIES OR REPRESENTATIONS. ALL SERVICES ARE PROVIDED TO YOU “AS IS” BASIS. THE “AS-IS WARRANTY IS THE ONLY WARRANTY MADE TO YOU. YOU AGREE THAT YOU SHALL MAKE NO OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES TO YOU CUSTOMERS RELATING IN ANY WAY TO THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MICROSOFT AND ARROW DISCLAIM ANY IMPLIED WARRANTIES OF NON- INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. FURTHERMORE, NEITHER MICROSOFT NOR ARROW MAKE ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS AND ASSUME NO LIABILITY AS TO SERVICES DISTRIBUTED UNDER A THIRD PARTY NAME, COPYRIGHT, TRADEMARK OR TRADE NAME THAT MAY BE OFFERED OR COMBINED WITH OR INCORPORATED WITH THE SERVICES. LIMITATION OF LIABILITY. (a) THE TOTAL CUMULATIVE LIABILITY (IF ANY) OF ARROW TO YOU UNDER THE TERMS AND CONDITIONS IS LIMITED TO DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED (I) 100% OF THE SERVICE-RELATED FEES PAID BY YOU TO ARROW UNDER THE TERMS AND CONDITIONS DURING THE 12-MONTH PERIOD PRIOR TO THE DATE ON WHICH THE RIGHT TO ASSERT A CLAIM FIRST AROSE, OR (II) IF THE TERMS AND CONDITIONS HAS BEEN IN EFFECT FOR LESS THAN 12 MONTHS, DIRECT DAMAGES WILL NOT EXCEED THE AVERAGE MONTHLY SERVICE-RELATED FEES PAID BY ARROW TO YOU.
Excluded License. Haemonetics’ license to the Licensed Software, and CoraMed’s license to the Haemonetics Licensed Software, do not include any license, right, power or authority to subject the Source Code or Object Code of the Licensed Software (collectively, the “CoraMed Code”) or the Source Code or Object Code of the Haemonetics Licensed Software (collectively, the “HAE Code”), respectively, in whole or in part to any terms of an Excluded License. By way of example, CoraMed and Haemonetics, as applicable, do not have any license, right, power or authority to do either of the following:
Excluded License. (a) ͞ džĐůƵĚĞĚ >ŝĐĞŶƐĞ͟ ŵĞĂŶƐ ĂŶLJ ůŝĐĞŶƐĞ ƚŚĂƚ ƌĞƋƵ distribution of Software subject to that license, that the Software or other software combined and/or distributed with such software be (i) disclosed or distributed in source code form; (ii) licensed for the purpose of making derivative works; or (iii) redistributable at no charge.
Excluded License
