PS OS Software Sample Clauses
The "PS OS Software" clause defines the terms and conditions governing the use of proprietary or third-party operating system software provided as part of a product or service. Typically, this clause clarifies the scope of the license granted to the user, any restrictions on modification or redistribution, and the responsibilities for updates or support. For example, it may specify that the software is licensed, not sold, and that the user must comply with certain usage limitations. The core function of this clause is to ensure legal clarity regarding software rights and obligations, thereby protecting the interests of both the provider and the user.
PS OS Software. Subject to the terms and conditions of this Agreement, PalmSource hereby grants to Licensee a limited, non-exclusive, non-transferable, fully-paid license to:
(1) use, reproduce and modify Released Code for purposes of correcting errors in the PS OS Software for Licensee Products, provided that the Licensee Products incorporating the corrected PS OS Software are subject to all of the Test Criteria, Compatibility Certification and other requirements set forth in this Agreement;
(2) use and reproduce Released Code as necessary for developing Licensee Add-On Modules (which modules are subject to the covenant not to Assert set forth in Section 10.6(c) (Covenant Not to Assert));
(3) use, reproduce and modify those certain portions of Released Code, but only for the limited purpose of developing Derivative Works to adapt and/or optimize such Released Code for hardware devices that are Licensee Products, provided that: (x) Licensee notifies PalmSource, as early as reasonably practicable, of the intended use of the Derivative Works Licensee intends to develop, together with a description of the methods of modifications that Licensee desires to use to develop such Derivative Works, (y) Licensee coordinates with PalmSource so that potential conflicts with PalmSource’s own developments can be avoided as much as possible within reason, and agrees to work together with PalmSource as reasonably necessary to avoid such conflicts, and (z) the Licensee Products incorporating such Derivative Works satisfy all of the Test Criteria and/or compatibility and certification tests developed in accordance with Section 2.3(a)(iii) (Compatibility Testing);
(4) use and modify those certain portions of the Development Code provided under the conditions set forth in Appendix A for the limited purpose of conducting co-development projects with PalmSource under the Strategic Collaboration Agreement in accordance with the Test Criteria and compatibility requirements defined by PalmSource for such project, and other requirements set forth in this Agreement and the respective co-development agreement; and
(5) use, reproduce and distribute any such Modifications made under this Section 2.9(b)(i) (PS OS Software) in object code form only in connection with, and for Modifications based on, GM Releases of the respective version of the PS OS Software by PalmSource and only to the same extent that Licensee is permitted to do so with respect to the corresponding PS Product Software pursuant to Sect...
PS OS Software. For each PS OS Software (or any version resulting from a Modification thereof permitted under this Agreement) distributed as a Stand-alone Product, Licensee shall pay to PalmSource a non-refundable royalty in an amount equal to the greater of (i) forty percent (40%) of the Net New-Release Revenue for such Stand-alone Product, or (ii) a per unit minimum of four dollars ($4). For any PS Product Software, other than PS OS Software distributed as a Stand-alone Product (other than Stand-alone PS Desktop Software under Section II(B)(2) of this Exhibit A), Licensee shall pay to PalmSource a non-refundable royalty in an amount equal to forty percent (40%) of the Net New-Release Revenue for such Stand-alone Product.
PS OS Software. For each PS OS Software (or any version resulting from a Modification thereof permitted under this Agreement) distributed as a Stand-alone Product, Licensee shall pay to PalmSource a non-refundable royalty in an amount equal to the greater of (i) [**] of the Net New-Release Revenue for such Stand-alone Product, or (ii) a per unit minimum of [**]. For any PS Product Software, other than PS OS Software distributed as a Stand-alone Product (other than Stand-alone PS Desktop Software under Section II(B)(2) of this Exhibit A), Licensee shall pay to PalmSource a non-refundable royalty in an amount equal to [**] of the Net New-Release Revenue for such Stand-alone Product. [**] Confidential treatment has been requested for the bracketed portion. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission.
PS OS Software. For each PS OS Software (or any version resulting from a Modification thereof permitted under this Agreement) distributed as a Stand-alone Product, Licensee shall pay to PSI a non-refundable royalty in an amount equal to the [**] for such Stand-alone Product [**]. For any PS Product Software, other than PS OS Software distributed as a Stand-alone Product (other than Stand-alone PS Desktop Software under Section II(B)(2) of this Exhibit D), Licensee shall pay to PSI a non-refundable royalty in an amount equal [**] for such Stand-alone Product. [**] Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.