Use and Ownership of the APEX Service and Related Services Clause Samples

Use and Ownership of the APEX Service and Related Services. A. Distributor may access and use the APEX Service only: (i) during the Subscription Term; (ii) as necessary to exercise the Distribution Right; and (iii) in accordance with the Agreement. B. Customer may access and use the APEX Service only: (i) during the Subscription Term; and (ii) as provided in the Flow Down Terms and the Service Offering Description. If the APEX Service includes Software that is licensed by Dell, then the Customer Agreement will require Customer to use the Software only: (a) in connection with Customer’s use of the APEX Service and as provided in the Flow Down Terms; (b) for the Subscription Term; and (c) in accordance with Dell’s End User License Agreement (“▇▇▇▇”). The Customer Agreement will also require that Customer must not: (1) resell or rent the use of the APEX Service; or (2) use the APEX Service in support of an offering, or for a purpose, which is intended to compete with Dell’s APEX Service business. C. If Dell believes a problem with the APEX Service is caused by, or results from, Customer Content, or Distributor’s, Reseller’s, or Customer’s use of the APEX Service, then Distributor agrees to cooperate with Dell in order to identify and resolve the problem. D. Distributor agrees that Dell owns all rights, titles, and interests in and to the APEX Service and any Related Services and all improvements, enhancements, modifications, and derivative works, and all intellectual property rights in all of these. Distributor’s rights to use the APEX Service are limited to those specifically stated in writing in the Agreement. Distributor agrees that Distributor does not have any other implied rights in, or to, the APEX Service or any Related Services. Dell reserves all rights not granted to Distributor in the Agreement.
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Use and Ownership of the APEX Service and Related Services. You may access and use the APEX Service only: (a) during the Subscription Term; (b) for Your internal business purposes (which may include providing services to Your End Users if permitted in the Service Offering Description); and (c) in accordance with the Agreement. If the APEX Service includes Software that is licensed by Dell to You, then You will only use the Software: (i) in connection with Your use of the APEX Service and as provided in the Agreement; (ii) for the Subscription Term; and (iii) in accordance with Dell’s End User License Agreement (“▇▇▇▇”). You must not: (1) resell or rent the use of the APEX Service; or (2) use the APEX Service in support of an offering, or for a purpose, which is intended to compete with Dell’s APEX Service business. If Dell believes a problem with the APEX Service is caused by, or results from, Customer Content, or Your use of the APEX Service, then You agree to cooperate with Dell in order to identify and resolve the problem. You agree that Dell owns all rights, titles, and interests in and to the APEX Service and any Related Services and all improvements, enhancements, modifications, and derivative works, and all intellectual property rights in all of these. Your rights to use the APEX Service are limited to those specifically stated in writing in the Agreement. You agree that You do not have any other implied rights in, or to, the APEX Service or any Related Services. Dell reserves all rights not granted to You in the Agreement.
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Related to Use and Ownership of the APEX Service and Related Services

  • Services to Other Clients; Certain Affiliated Activities (a) The relationship between the Asset Manager and the Series is as described in this Agreement and nothing in this Agreement, none of the services to be provided pursuant to this Agreement, nor any other matter, shall oblige the Asset Manager to accept responsibilities that are more extensive than those set forth in this Agreement. (b) The Asset Manager’s services to the Series are not exclusive. The Asset Manager may engage in other activities on behalf of itself, any other Managing Party and other clients (which, for the avoidance of doubt, may include other series of the Company). The Series acknowledges and agrees that the Asset Manager may, without prior notice to the Series, give advice to such other clients. The Asset Manager shall not be liable to account to the Series for any profits, commission or remuneration made or received in respect of transactions effected pursuant to the Asset Manager’s advice to another client and nor will the Asset Manager’s fees be abated as a result.

  • Information and Services Required of the Owner The Owner shall provide information with reasonable promptness, regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner’s objectives, constraints, and criteria, including schedule, space requirements and relationships, flexibility and expandability, special equipment, systems, sustainability and site requirements.

  • Data Necessary to Perform Services The Trust or its agent shall furnish to USBFS the data necessary to perform the services described herein at such times and in such form as mutually agreed upon.

  • Coordination of Services Consultant agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.

  • Exclusivity of Services The Subadviser shall devote its best efforts and such time as it deems necessary to provide prompt and expert service to Client and the Fund. The services of Subadviser to be provided hereunder are not to be deemed exclusive and Subadviser shall be free to provide similar services for its own account and the accounts of other persons and to receive compensation for such services. Client acknowledges that Subadviser and its Affiliates and Subadviser's other clients may at any time, have, acquire, increase, decrease or dispose of positions in the same investments which are at the same time being held, acquired for or disposed of under this Agreement for the Fund. Subadviser shall have no obligation to acquire or dispose of a position in any investment pursuant to this Agreement simply because Subadviser, its directors, members, Affiliates or employees invest in such a position for its or their own accounts or for the account of another client.