Com21 Software definition
Examples of Com21 Software in a sentence
In particular, Philips recognizes that the Com21 Software source code and other of Com21's Confidential Information (and the confidential nature thereof) are critical to the business of Com21 and that Com21 would not enter into this Agreement without assurance that such technology and information and the value thereof will be protected as provided in this Section 11.1 (Confidential Information).
The price of the Demonstration Systems shall be discounted from Com21's current price list as set forth in Exhibit E hereto (Demonstration Systems Prices) and shall include, without charge, one (1) copy of the Com21 Software for each Demonstration System.
As between the parties, Company retains all title to, and except as expressly and unambiguously licensed herein, all rights and interest in the Com21 Software and all intellectual property and proprietary rights throughout the world protecting the Products.
In particular, but without limitation, the Com21 Software source code and the source code of any software and firmware contained in the Com21 Products shall be the Confidential Information of Com21.
Com21 shall exercise commercially diligent efforts to correct any Error reported by Philips in the Com21 Software in accordance with the priority level reasonably assigned to such Error by Philips.
All copies of the Com21 Software and of any software or firmware contained in the Com21 Products are licensed for distribution only and not sold.
If Philips requests that Com21 proceed with problem determination at its possible expense and Com21 determines that the error was not due to an Error in the Com21 Software, Philips shall pay Com21, at Com21' then-current and standard consulting rates, for all work performed in connection with such determination, plus reasonable related expenses incurred therewith.
If Com21 and Philips decide to undertake development of any Interoperable Software or API jointly, then Com21 agrees to permit Philips to use the Com21 Software source code solely for the limited purpose of such joint development under terms and conditions to be set forth in a separate written agreement and executed by the parties.
No distribution or license of the Com21 Software by 3Com shall be made except pursuant to a written agreement, whether distributed in printed or electronic form (an "End User License Agreement") that is at least as protective of Company and its rights as Company's end user software license agreement, set forth in Exhibit E (Com21 End User Software License Agreement) attached hereto.
Failure of the Com21 Software to comply with the warranty set forth in Section 10.1 (iv) shall be deemed a "Critical Error" as defined in the Com21 Support Terms and Conditions set forth in Exhibit D hereto and Com21 will correct such failure in accordance with the terms for correcting Critical Errors specified therein.