Retail Licenses. Syncfusion generally makes the Licensed Programs available to its smaller customers on a per- copy basis for a single copy or a small number of copies, which are referred to as “Retail Licenses”. Retail Licenses will only made available to Customer in Syncfusion’s sole discretion and only when the number of such End-Users is finite and readily ascertainable. Accordingly, Syncfusion will make a determination as to whether or not the provision of Retail Licenses is appropriate under the circumstances applicable to any given Customer, and reserves the right, in its sole discretion, to refuse to make available Retail Licenses to a Customer and instead require a given Customer to procure a site license, project license, division license, or global license as circumstances dictate.
Retail Licenses. (a) Subject to the limitations of the Agreement, and so long as the term of this Agreement is continuous and has never been terminated, the term of the rights licensed under this Agreement with regard to the continued distribution of compiled binaries created by Customer that (i) incorporate or depend on the Licensed Product, and (ii) were created while under an active Maintenance and Support services subscription, and (iii) do not and have not violated the limitations of Section 4.2(f), is perpetual. However, Customer’s right to any create modified binaries that are incorporated in Customer’s products is term-limited to the period of time that Customer is under an active Maintenance and Support services subscription, as further set forth in detail in Section 4.2(f). Maintenance and Support services subscriptions under Section 10 are generally limited in duration to one (1) year, subject to renewal at Syncfusion’s sole discretion. For the avoidance of doubt, Xxxxxxxx acknowledges and agrees that the only portion of the rights licensed hereunder that is perpetual is the limited right to re-distribute the compiled binaries that were incorporated in Customer’s product and that were created when all modified binaries were created under an active Maintenance and Support services subscription.
