Common use of OEM License Clause in Contracts

OEM License. Through an OEM License, Rocketfarm grants Licensee a non-exclusive, sublicensable, worldwide right to use the Software, solely for the purpose to install, integrate and use the Software as an integral part of Licensee’s own Product, during the term of this Agreement. The License granted herein shall be non-transferable, except where Software is integrated in a Product and the Product is transferred by Licensee to Licensee’s End Customer and provided the Licensee’s End-User Agreement contains, as a minimum, the following regulations: i. It shall be expressly stated that Rocketfarm, acting as Licensee’s supplier, disclaim any and all liability for consequential loss and other indirect damages and implied warranties, including the implied warranties of non-infringement, merchantability and fitness for a particular purpose. ii. It shall be stated that Licensee’s End Customer shall not be authorized to use Rocketfarm’s Software separately from the Product to which the Software forms an integral part. Further, the License granted herein shall be non-sublicensable, except where sublicensed to Licensee’s Affiliates, provided the Licensee’s agreement with Licensee’s Affiliate contains a limitation on sub-licensing to the same effect. Once an integration in a Product has occurred and the Product has been transferred, then the License shall, with respect to that particular Product, be considered perpetual, provided that the applicable running license fee continues to be paid. At cessation of such payment of the particular Product or upon termination of the License as it pertains to such specific Product according to clause 11.2, the License will irrevocably cease for such Product. Aside from this, all other limitations shall apply.