Purchase of Products and Software Sample Clauses

Purchase of Products and Software. The sale of each Product to Company hereunder and the transfer of title for each purchased Product to Company shall not be considered a sale of or transfer of title to any software, firmware or other microcode (collectively "Software") included with or embedded in the hardware comprising such Product, but instead shall be deemed to be only a license for Company to distribute such Software to customers as part of the Product, as such Software has been installed by Wherify on the Product. Wherify and its suppliers shall retain exclusive title to the Software. Company and its Sub-Distributors shall distribute Software only as installed by Wherify on Products purchased from Wherify and only in accordance with this Agreement, and the respective end user customers of Company and its Sub-Distributors may use the Software only as so installed on the Products in the ordinary course of the end user customer's use of such Products for their intended use in accordance with the terms of use governing such Software as included in the Documentation, other materials supplied with the Products, including the end user terms that the customer executes in connection with any location or other services purchased with the Products. Nothing in this Agreement shall be construed, by implication, estoppel or otherwise, as granting any right to any source code of the Software, and except to the extent such restrictions are prohibited by applicable law or are authorized by Wherify as described in this Section 3.2 above, no Software, or any derivative of any Software, and no trade secrets embodied therein, shall be reproduced, distributed, transmitted, publicly displayed, publicly performed, altered, disassembled, de-compiled, interrogated, translated, or used, and no derivative (including translations) shall be created.
Sample 1
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Related to Purchase of Products and Software

  • Purchase of Products TTI shall sell to Distributor and Distributor shall purchase from TTI, in accordance with the terms and conditions of this Agreement, the Products pursuant to the published Distributor Price List. It is the intention of the parties that Products shall be purchased by Distributor hereunder for the purpose of resale and that the Distributor shall sell the Products solely within the Territory unless otherwise agreed to and be responsible for the collection and reporting of any and all sales tax or use tax in its territory.

  • Licensed Software Section 3.17(f).......................................27

  • Third Party Software Customer acknowledges that in order for MyEcheck to perform the Consulting Services, Customer may need to obtain additional third party services ("Third Party Services") or third party technology ("Third Party Technology"). Customer agrees that the rights and licenses with respect to Third Party Technology and Third Party Services shall be under terms set forth in the pertinent purchase, license or services agreements between Customer and the vendors of such Third Party Software or Third Party Services. Customer shall execute and comply with appropriate purchase, license, or services agreements with respect to any Third Party Software or Third Party Services. Any amounts payable to third party vendors or service providers under such agreements are the sole responsibility of Customer and shall be paid directly by Customer to such third party vendors or service providers. MyEcheck Services Agreement

  • Manufacture of Products All Products marketed through Grantor's Web ------------------------- Site shall be manufactured, packaged, prepared, and shipped in accordance with the specifications and requirements described on Exhibit A hereto as it may be modified from time to time. Quality control standards relating to the Product's weight, color, consistency, micro-biological content, labeling and packaging are also set forth on Exhibit A. In the event that Exhibit A is incomplete, Products shall be manufactured and shipped in accordance with industry standards.

  • Supply of Products TheraSense shall be responsible for the ------------------ manufacture of FreeStyle Products for sale to Nipro.

  • Manufacture of Product Prior to commercialization of the Product, the Parties may, if appropriate for both parties, negotiate in good faith a manufacturing and supply agreement to provide for Licensor to fulfill the manufacturing requirements of Licensee for Product for sale in the European market. The cost of such manufacturing shall not be greater than * percent (*%) of the cost of any competitor cGMP contract manufacturing facility that proposes to manufacturer the Product for Licensee. * Confidential information has been omitted and filed confidentially with the Securities and Exchange Commission.

  • Software Licenses Seller has all necessary licenses to use all material third-party software used in Seller's business, and Seller's use of third-party software does not infringe the rights of any Person.

  • Software License Agreement McDATA agrees that all Licensed Software will be distributed to Customers subject to a Software License Agreement (including warranty statement), along with a McDATA Manual, in a manner which is (a) no less protective of BROCADE's Intellectual Property Rights in the Licensed Software than the form attached hereto as Exhibit D, and (b) legally enforceable in the jurisdictions in which the Licensed Software, as incorporated into the McDATA Products, is distributed.

  • New Products You agree to comply with NASD Notice to Members 5-26 recommending best practices for reviewing new products.

  • Software Warranty NETGEAR warrants to the end-user that each item of Software, as delivered or updated by NETGEAR and properly installed and operated on the Hardware or other equipment it is originally licensed for, will function substantially as described in its then-current user documentation during its respective warranty period. If any item of Software fails to so perform during its warranty period, as the sole remedy NETGEAR or NETGEAR's supplier will at its discretion provide a suitable fix, patch or workaround for the problem which may be included in a future revision of the Software. For specific Software which is distributed by NETGEAR as a licensee of third parties, additional warranty terms offered by such third parties to end-users may apply.

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