Party Materials Sample Clauses

Party Materials. The Application includes software, content, data and/or other materials, including related documentation, that are owned by persons other than Licensor and that are provided to Licensee on terms that may be in addition to and/or different from those contained in this Agreement (“Third- Party Licenses”). The Third-Party Licenses are specified in Appendix A and either a full text of the Third- Party Licenses is provided in Appendix A or the specific requirements of the Third-Party Licenses to which Licensee must comply are provided in Appendix A. Licensee is bound by and shall comply with the Third-Party Licenses, including the specific requirements set forth in Appendix A. Any breach by Licensee or any of its authorized users of the Third-Party Licenses is also a breach of this Agreement.
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Party Materials. The Products and/or Documentation may include or require commercially available programming or materials from third-party licensors, sellers or distributors (collectively, "Third-Party Materials"). The Third-Party Materials may be subject to restrictions, payment obligations or procurement responsibilities that are different from or in addition to the restrictions and charges applicable to the Products and Documentation hereunder and HSNS and/or each End User or Authorized Sublicensee shall be responsible for obtaining such Third Party Materials pursuant to a separate agreement with each such third party. Exhibit D hereto lists the Third-Party Materials that are pertinent on the date of execution of this Agreement. The Products are not compatible with and are not warranted for any other kind of computer programming or operating system other than the Third Party Materials. LTD reserves the right to augment the Exhibit upon reasonable written notice to HSNS.
Party Materials. Bright MLS may feature materials, programs, products, and services provided by third parties, (collectively “Third Party Materials”). Bright MLS makes no representations with respect to, nor does it guarantee, warrant, or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of Third Party Materials or any other materials, programs, products, and services which Third Party Materials may access. Subscriber’s dealings with third parties are solely between Subscriber and the third party. Subscriber agrees to comply with any restrictions or limitations on the use of Third Party Materials as may be imposed on Bright MLS with respect to the use of Third Party Materials. Bright MLS expressly disclaims responsibility and liability for all Third Party Materials. Subscriber agrees that Bright MLS will not be responsible for any loss or damage incurred as a result of any use of Third Party Materials or as the result of the presence of such materials on the Bright MLS Service.
Party Materials. The Software enables access to third-party services and websites which are subject to separate service terms and other terms and conditions for which you are responsible. Use of the Software and Services requires that you accept any third-party terms of service as required by third-party service providers. You understand that by using this Software that you may encounter content that may be deemed offensive, indecent, or objectionable. Nevertheless, you agree to use the Software and Services at your sole risk and that 541 Software shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
Party Materials. Some elements of the Platform and/or Services incorporate Third-Party Materials. To the extent that the Platform and/or Services display Third-Party Materials, Client’s and Authorized Users’ use of them will be pursuant to those services’ own licenses, terms of use or other agreements. Fixe’s Privacy Policy. Client acknowledges that Fixe will collect, receive, use and share Client Data, User Data and other personal data in the manners described in the Fixe Privacy Policy available at xxxxx://xxx.xxxxxxxxx.xxx/privacy-policy, as amended and updated from time to time.
Party Materials. Contractor will not include in any Software, and operation of all Software in accordance with its Specifications and Documentation will not require, any Third-Party Materials, other than Approved Third-Party Materials, which must be specifically approved by the State and identified and described in the Statement of Work, and will be licensed to the State in accordance with Section 14.3. Contractor must secure, at its sole cost and expense, all necessary rights, licenses, consents, approvals, and authorizations necessary for the State to use, perpetually and throughout the universe, all Approved Third-Party Materials as incorporated in or otherwise used in conjunction with Software as specified in the Statement of Work or elsewhere in this Contract.
Party Materials. If LIVMOR is required to obtain (as determined solely by LIVMOR), for its performance of the Services, any material or services from a third party (including software and content and all rights to host the Platform with a third-party hosting provider), then LIVMOR will obtain all licenses from the third parties as necessary to provide the Services. LIVMOR will not include or use any material or services from a third party for its performance of the Services that requires regulatory or governmental approval without HeartBeam’s prior written consent. For clarity, LIVMOR will ensure that such third-party licenses will be fully transferrable to HeartBeam or may be acquired by HeartBeam, and HeartBeam will be responsible for the costs of such third-party licenses once they are transferred to or acquired by HeartBeam.
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Party Materials. Certain content, products, and services available via Aculab's Websites, the Management Console or the Services (or links contained therein) may include materials, software, plug-ins, applications and other resources from third parties and access to third party websites (collectively 'Third Party Materials'). You acknowledge and agree that Aculab is not responsible for examining or evaluating the content or accuracy of any such Third Party Materials and that Aculab does not warrant or endorse and does not assume (and will not have) any liability or responsibility for any Third Party Materials or any damage or loss resulting therefrom. The availability of Third Party Materials is provided solely as a convenience to You. You agree that you must evaluate, and bear all risks associated with, the use of any Third Party Materials, including any reliance on the accuracy, completeness, or usefulness thereof.
Party Materials. The third party licence terms that apply to the Customer’s and its Authorised Users’ use of the Third Party Materials are described in Appendix 3 – Third Party Material and the Customer shall comply with the restrictions contained in such third party licence terms.
Party Materials. The Client and the Service Provider acknowledge and agree that: nothing in this Agreement is intended to affect, or affects, the ownership of IP Rights in Third-Party Materials, which will be subject to the terms and conditions applicable to them under agreements between the third party and the Client or the Service Provider, as the case may be; and unless otherwise expressly authorised by the owner of the IP Rights in the Third-Party Materials: the authorship of any Third-Party Materials will be acknowledged on any use of those materials; and the integrity of the Third-Party Materials will be preserved. The Client agrees to indemnify the Service Provider and any Indemnified Party against any claim, loss or damage (indirect and consequential loss and damage included) arising in connection with the breach of third-party IP Rights or loss and damage of Third-Party Materials. Client Data Under this Agreement, the Client will provide and have stored on the Service Provider’s servers, Client Data. The Client acknowledges and agrees that Client Data may be stored on servers owned by third parties pursuant to arrangements entered into by the Service Provider. The Service Provider shall use all reasonable endeavours to ensure that any Client Data is held in a secure environment. The Client acknowledges that no information which is available on the internet is completely secure and agrees that the Service Provider will not be liable for any claim, loss or damage (including indirect or consequential loss or damage) to any extent should such security measures be overcome or breached and the Client indemnifies the Service Provider in respect of any such claims. The Client grants the Service Provider and the Service Provider reserves the right to use, test, or manipulate the Client Data. In making use of Client Data, the Service Provider will preserve the confidentiality of the Client Data in accordance with its obligations in clause 13 and may amend or alter information to cause it to be unidentifiable. Privacy If, as a result of this Agreement, a party is able to access any Personal Information about identifiable individuals, then that party: must comply with the Privacy Act and all other applicable privacy laws and such other data protection laws as may be in force which regulate the collection, storage, use and disclosure of information; and must comply with any privacy code or policy which has been adopted by the Client (if provided by the Client to the Service Pr...
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