Media Elements. The mAnalytics functionality may contain media images, maps, clip art, animations, sounds, music, shapes, video clips, templates and other forms of downloadable, streaming or other third-party content and related services (“Media Elements”). For the avoidance of doubt, Media Elements do not include personally indefinable customer information. You may not sell, license or distribute copies of the Media Elements by themselves or as part of any collection or product except as necessary to use with the mAnalytics functionality. Media Elements are provided “AS IS”, and neither FIS nor its licensors makes any warranties, express or implied of any kind with respect to the Media Elements, including but not limited to that the Media Elements will be available for your use. If you provide Media Elements to the Third Party Service Provider or other Third Party Service Provider licensees, you hereby grant the Third Party Service Provider and all its licensees an unrestricted, world-wide, royalty-free, perpetual, and irrevocable license to make any and all use of such Media Elements as they may see fit (including, without limitation, the unrestricted right to reproduce, modify, re-cast, combine, abridge, and otherwise create derivatives thereof and to distribute the same to others without attribution) and you covenant and agree never to challenge or object to any such use or to assert any interest in any work containing or making use of such Media Elements. You represent and warrant that: (a) you have the right to grant such license and make the Media Elements available to the Third Party Service Provider and its licensees; (b) none of the Media Elements you provide contain any data or information that is owned by a third party that is not in the public domain; and (c) neither the delivery to nor use by the Third Party Service Provider or its licensees of such Media Elements shall violate or infringe the rights of any third party. You agree that you shall not provide any trademarks, trade names, logos, or other company marks through your use of the mAnalytics functionality to the Third Party Service Provider or its licensees.
Appears in 2 contracts
Sources: Information Technology Services Agreement, Information Technology Services Agreement (Bank of Marin Bancorp)
Media Elements. The mAnalytics functionality Software may contain media images, maps, clip art, animations, sounds, music, shapes, video clips, templates and other forms of downloadable, streaming or other third-party content and related services (“"Media Elements”"). For The license granted under this Agreement includes the avoidance of doubt, right to copy and use Tableau-provided Media Elements do not include personally indefinable customer informationsolely with the Software for which You have a valid Software license. You may not sell, license or distribute copies of the Tableau- provided Media Elements by themselves or as part of any collection or product except as necessary for Authorized Users to use with the mAnalytics functionalitySoftware. Some or all of the Tableau-provided Media Elements may be owned and supplied to Tableau by third-parties, including other Tableau licensees. Without limitation, all such third-party Media Elements are provided “"AS IS”", and neither FIS nor its licensors Tableau makes any no warranties, express or implied of any kind with respect to the such third-party Media Elements, including but not limited to that the such third-party Media Elements will be available for your Your use. If you You provide Media Elements to the Third Party Service Provider Tableau or other Third Party Service Provider Tableau licensees, you You hereby grant the Third Party Service Provider Tableau and all its Tableau licensees an unrestricted, world-wideworldwide, royalty-royalty- free, perpetual, and irrevocable license to make any and all use of such Media Elements as they may see fit (including, without limitation, the unrestricted right to reproduce, modify, re-cast, combine, abridge, and otherwise create derivatives thereof and to distribute the same to others without attribution) and you You covenant and agree never to challenge or object to any such use or to assert any interest in any work containing or making use of such Media Elements. You represent and warrant that: (a) you You have the right to grant such license and make the Media Elements available to the Third Party Service Provider Tableau and its licensees; (b) none of the Media Elements you You provide contain any data or information that is owned by a third party that is not in the public domain; and (c) neither the delivery to nor use by the Third Party Service Provider Tableau or its licensees of such Media Elements shall violate or infringe the rights of any third party. You agree that you shall not provide any trademarks, trade names, logos, or other company marks through your use of the mAnalytics functionality to the Third Party Service Provider or its licensees.
Appears in 1 contract
Sources: End User License Agreement