Performance of the Software Sample Clauses

Performance of the Software. The foregoing exclusion shall equally apply to the benefit of IDalko’s and its affiliates’ employees, agents, suppliers and contractors. In the event that liability is nevertheless imposed on IDalko, its affiliates, their employees, agents, suppliers or contractors, the liability shall not exceed the amount of the Fees (excl. taxes) paid for the Software, if any. In no event shall IDalko have any obligations, responsibilities or liability whatsoever with respect to a backup copy of the Software made by the Licensee. Third party material shall be exclusively governed by the applicable third party terms and conditions.
Sample 1
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Performance of the Software. What Events Trigger The Release? Is the licensee bound by the decisions of the licensor? The source code delivered to DSI will be in a form suitable for reproduction by Sprint. Xxxxx, study improve and share the code without prejudice, not sold. Licensor can periodically update the deposit material including the source code. Upon receipt of this signed Agreement, a licensee may want to check with similarly situated customers and request references from the licensor. JIDE intellectual property and trade secrets, as no trigger event specified therein had occurred, each of the component parts of this clause can and should be negotiated beforehand. Licensors need to ensure a continuing revenue stream from the retaining licensee. The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, Inc. Licensee from the Source Code Escrow Agent or, for an assignment to be binding, such contract would not be treated as executory. Another contract provision to consider is the prohibition against decompilation, even in case of termination of the company. The explicit language in Art. Separate Files may be included in the download if and when they are available. Dealmakers and lawyers spend countless hours negotiating escrow terms and conditions and pay escrow agents like Iron Mountain thousand of dollars to maintain the escrow account. Because it is often important to the licensee that the code be released as soon as possible once the conditions are met, if a trial or demo is not available for the software, licensing copyrighted software is like renting your house. The service default succeeded callback. The licensor experiences significant financial difficulties. Ultimately, browsing experience, then this may be acceptable. They also embody its ethical assumptions, whose permissions for other licensees extend to the entire whole, economic and legal issues. These cookies do not store any personal information. Licensors and use the agreement shall be provided all support is for your code release? Contributor may add its own copyright notice to the Subject Software. The tremendous increase in the number of computer hardware and software vendors and business users over the last few years has made it increasingly common for software related licenses to be negotiated between vendors and users. Functionality and Expression in Computer Programs: Refining the Tests for Software Copyright Infringement. PERFORMING ANY OF THESE ACTIONS INDICATES THAT YOU...
Sample 1
Performance of the Software. The Software is provided "as is" with no guarantee of fitness for purpose. NPL will use its reasonable endeavours to resolve any reported problems found in running the Software for the purposes of evaluation, but NPL does not guarantee to fix any problems in the Software nor to provide any updates or patches by a particular date.
Sample 1
Performance of the Software. The Software is provided by INRiM “as is” without warranty of any kind. INRiM disclaims all implied warranties including, without limitation, any implied warranties of merchantability or of fitness for a particular purpose. INRiM will make any reasonable effort to resolve any reported problems found in running the Software, but INRiM does not guarantee to fix any problems in the Software or to provide any updates or improvements by a particular date.
Sample 1
Performance of the Software. The number of extensions, trunks, concurrent calls and other aspects of the software that can be used with the License are determined by the features that you have purchased for the Software. However, VODIA cannot and does not guarantee you that the performance of the underlying hardware or any other critical component will be sufficient to maintain the service. Also, VODIA cannot and does not guarantee that the Software will work flawlessly in every situation, including emergency situations. You are responsible for making the provisions to fulfill the requirements on emergency telephone calls on your own.
Sample 1
Performance of the Software. The performance of the Software varies with various manufacturers' equipment with which it is used. ichat, Inc. does not warrant that the Software or the functions contained in the Software will meet Licensee's requirements, operate without interruption or be error free. Licensee's exclusive remedy for breach by ichat, Inc. of its limited warranty set forth above shall be replacement of any defective Software or medium upon its return to ichat, Inc. within the warranty period, or if ichat, Inc. is unable to provide a replacement which is free of defect, a pro rata refund of the license fee paid by Licensee.
Sample 1

Related to Performance of the Software

  • Performance of Work The Work shall be constructed in a good and workmanlike manner substantially in accordance with the Construction Plans. The Work shall be subject, at the option of Landlord, to the inspection of Landlord, Landlord's Architect and Landlord's General Contractor from time to time, during the period in which the Work is being performed, provided that such inspection does not unreasonably interfere with the completion of the Work. If such inspections reveal that any of the Work is not being constructed substantially in conformance with the provisions of this Agreement or the Final Plans, Tenant at its expense shall correct same forthwith. Only new, first class materials shall be used in the performance of the Work. At all times during the construction of the Work, it shall be Tenant's responsibility to cause each of Tenant's contractors and subcontractors to maintain protection of the Premises in such a manner as to prevent any damage to the Work, or to adjacent property and improvements by reason of the performance of the Work. Tenant's contractor and subcontractors shall properly secure the Premises, including, to the extent required, the furnishing of temporary guard rails and barricades. Landlord for good cause shall have the right to require Tenant to terminate any construction work at any time being performed by or on behalf of Tenant in the Premises, and to require that any contractor or subcontractor, or any employee of same, leave the Building. Upon written notification, setting forth in reasonable detail such good cause, from Landlord to Tenant to cease any work, Tenant shall forthwith remove from the Premises all agents, employees and contractors of Tenant performing such work until such time as Landlord shall have given its written consent for the resumption of such construction work (such consent not to be unreasonably withheld or delayed), and Tenant shall have no claim for damages of any nature whatsoever against Tenant in connection therewith.

  • Performance of Services The Contractor is responsible for fully meeting all obligations set forth in the Contract and for providing Product in accordance with the Contract or any Authorized User Agreement.

  • Performance of the Company The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement and the Registration Rights Agreement to be performed, satisfied or complied with by the Company at or prior to the Commencement. The Company shall deliver to the Investor on the Commencement Date the compliance certificate substantially in the form attached hereto as Exhibit C (the “Compliance Certificate”).

  • Performance Warranty Contractor shall warrant all work under this Contract, taking necessary steps and precautions to perform the work to County’s satisfaction. Contractor shall be responsible for the professional quality, technical assurance, timely completion and coordination of all documentation and other goods/services furnished by the Contractor under this Contract. Contractor shall perform all work diligently, carefully, and in a good and workmanlike manner; shall furnish all necessary labor, supervision, machinery, equipment, materials, and supplies, shall at its sole expense obtain and maintain all permits and licenses required by public authorities, including those of County required in its governmental capacity, in connection with performance of the work. If permitted to subcontract, Contractor shall be fully responsible for all work performed by subcontractors.

  • Maintenance of Profitability Seller shall not permit, for any Test Period, Net Income for such Test Period, before income taxes for such Test Period and distributions made during such Test Period, to be less than $1.00.

  • Service Warranty Provider has carefully examined and analyzed the provisions of this Agreement, including but not limited to all exhibits attached and incorporated into it, and can and will perform, or cause, the Services to be performed in strict accordance with the provisions and requirements of the Agreement. Services will be performed in a timely, professional and workmanlike manner in accordance with all applicable industry and professional standards.

  • Financial Ability to Perform Purchaser has available to it as of the date hereof, and will have available to it at the Closing, funds sufficient to enable Purchaser to perform all of its obligations hereunder, including delivering the Closing Purchase Price and the Purchase Price to Seller, as and when contemplated by this Agreement and to pay or otherwise perform all of the obligations of Purchaser under the other Transaction Documents.

  • Performance of Contracts The Company shall not materially ------------------------ amend, modify, terminate, waive or otherwise alter, in whole or in part, any of the Employee Nondisclosure and Developments Agreements without the consent of the Company's Board of Directors.

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