Commercially Available Software definition

Commercially Available Software means software that is generally and readily available to commercial licensees, (a) the loss of the use of which by any of the Company or any Subsidiary would not be materially adverse to the Company or any Subsidiary and (b) the license to which would be replaceable in the ordinary course on substantially similar terms as the current license to such software.

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Commercially Available Software means “shrink wrap,” “click through,” “browse wrap” or generally available commercial off-the-shelf Software that has not been modified or customized by a third party for the Company or any of its Subsidiaries and that is licensed pursuant to a non-negotiated Contract not requiring a physical signature, including Open Source Materials.

Commercially Available Software means any computer software which is off-the-shelf, generally commercially available pursuant to shrink-wrap, click-through or other standard licensing terms, used by the Company with little or no modification.

Examples of Commercially Available Software in a sentence

• If the Contractor wishes to use any Third Party Software in relation to the performance of the Services, it shall (wherever reasonably practicable, and except where expressly provided otherwise in Schedule 5.2 (Software)) use Commercially Available Software.

• Except for equipment leases, the leases for the Real Property, including all amendments thereto, to which any of the Acquired Companies is a party (the "REAL PROPERTY LEASES"), the Intellectual Property Licenses and licenses for Commercially Available Software, the Acquired Companies own good and marketable title in and to all other Assets used or acquired for use in the Acquired Companies' business and operations.

• Other than the Owned Intellectual Property, Commercially Available Software and the Licensed Intellectual Property, to the Company's knowledge, there is no other material Intellectual Property used or necessary for use for the conduct of the business and operations of the Acquired Companies.

• Schedule 5.13(c) lists all Intellectual Property, excluding any Commercially Available Software, licensed by Terra REIT or the Terra REIT Subsidiaries that is used in the business of Terra REIT or any Terra REIT Subsidiary.

• Schedule 4.13(c) lists all Intellectual Property, excluding any Commercially Available Software, licensed by Terra BDC or the Terra BDC Subsidiaries that is used in the business of Terra BDC or any Terra BDC Subsidiary.

More Definitions of Commercially Available Software

Commercially Available Software means non-customized or non-modified Software that is (a) licensed to the Company or any of its Subsidiaries by any Person solely in executable or object code form pursuant to a non-exclusive Software license, and (b) made generally commercially available on and actually licensed under standard terms.

Commercially Available Software means any computer software which is off-the-shelf, generally commercially available pursuant to shrink-wrap, click-through or other standard licensing terms, used by the Company with little or no modification other than standard integrations.

Commercially Available Software means Software that (i) is generally commercially available and licensed to the Company or its Subsidiaries pursuant to a non-negotiated “off-the-shelf”, “shrinkwrap”, “clickwrap” or website terms of use or terms of service that is easily obtainable without material expense; (ii) has not been modified or customized for the Company or any of its Subsidiaries; and (iii) is licensed to the Company or its Subsidiaries for a one-time fee or an annual fee of $25,000 or less.

Commercially Available Software means Software that (a) is generally commercially available and licensed to the Company pursuant to a non-negotiated “off-the-shelf”, “shrinkwrap”, “clickwrap” or website terms of use or terms of service that is easily obtainable without material expense; (b) has not been modified or customized for the Company; and (c) is licensed to the Company for a one-time fee or an annual fee of $25,000 or less.

Commercially Available Software means software provided or licensed to the public under standard terms and conditions, early release or beta test versions of such software and any correction code applied to such software in order to resume the proper operation of such software.

Commercially Available Software means commonly available off-the-shelf software programs that are generally available on nondiscriminatory pricing terms under which any Acquired Company is the licensee and which any Acquired Company uses in the Ordinary Course of Business.

Commercially Available Software means commercially available software that has not been modified or customized by a Third Person for a Party and that is licensed pursuant to a non-negotiated agreement, and for which a Party or its Subsidiaries pay less than $100,000 in licensing or other fees per software title per annum.