Derivative Software definition
Derivative Software refers to customized software for numeric controls designated as “SINUMERIK” that has been created by using either Create MyHMI/3GL, Create MyCC or Create MyCCI licenses or the information con- tained herein (such as the description of the interface), and which is based on the interfaces provided by SISW for this purpose in accordance with the Documentation. Separate runtime licenses are required for the execution of Derivative Software on the SINUMERIK. Depending on the interface required, Create MyCCI licenses also require the corresponding Compile Cycle software.
Derivative Software has the meaning set forth in Article 20.
Derivative Software means any derivative or modification of Software made by Customer as may be permitted by the relevant ▇▇▇▇.
Examples of Derivative Software in a sentence
In addition, the foregoing warranty shall not apply to any Software which has been used with any third party hardware or software or to any Derivative Software.
Customer is entitled to make the Software available to a third party if and to the extent that it is provided exclusively for the purpose of creating Derivative Software or integrating VNCK into the Simulation Software for Customer.
Licensee shall not grant any sublicenses with respect to the Licensed Trademark, the Software and/or Derivative Software Products except upon terms and conditions that are consistent with the licenses granted to Licensee by Licensor pursuant to this Agreement.
Licensee shall insure that Licensor's copyright notice is replicated on all copies of the Software and/or Derivative Software Products produced by Licensee or its sublicensees, including any and all copies of modifications made in accordance with Article V, Section 1 hereof.
Net Receipts" shall mean all gross revenues received by Licensee in connection with the licensing, sale, use or other exploitation of the Software and/or Derivative Software Products less (i) all normal trade discounts actually allowed by Licensee; (ii) all sales, use and similar taxes included in such gross revenues; (iii) all freight charges, agent's fees and other third party charges included in such gross revenues; and (iv) royalties on such gross revenues actually paid by Licensee to a third party.
More Definitions of Derivative Software
Derivative Software means Original Software as modified by Licensee or a PalmSource Sublicensee, which modifications will remain the property of Licensee, for use in connection with and adapted for Palm OS.
Derivative Software means a Software developed by a Partner, under this Agreement, from a Basic Software. There are two categories of Derivative Software: Adaptations and Extensions.
Derivative Software means software that is derived from or built upon existing software, frameworks or platforms.
Derivative Software has the meaning set forth in Article 20. “EAR” has the meaning set forth in Section 21.1. “Effective Date” shall have the meaning assigned to such term in Section 2.1. “EHS Laws” has the meaning set forth in Section 19.1. “Enforcement Action” has the meaning set forth in Section 13.11. “Equipment” means any energy storage equipment offered for sale by Supplier pursuant to this Agreement, as set forth in Attachment A. “Equipment Warranty” has the meaning set forth in Section 8.1. “Equipment Warranty Period” has the meaning set forth in Section 8.1. “Exclusive Activities” means the development, marketing and sale of an Integrated Solution for one or more Applications, where the size of such Integrated Solution is equal to or greater than 500 kilowatts, including those Integrated Solutions marketed, sold and delivered through a Buyer sales channel or another Supplier sales channel as contemplated in Supplier’s then current business plan. “Export Controls and Sanctions Laws” has the meaning set forth in Section 21.1. “Force Majeure” means any event which is not within the reasonable control of the Party affected and with the exercise of due diligence could not reasonably be prevented, avoided or removed by such Party, which causes the affected Party to be delayed, in whole or in part, or unable, using commercially reasonable efforts, to partially or wholly perform its obligations under this Agreement (other than an obligation for the payment of money) and is not caused by or resulting from the negligence or breach or failure of such Party to perform its obligations under this Agreement, which, subject to the foregoing, may include: acts of God or the public enemy, natural disasters, war, terrorism, insurrection, sabotage, unavoidable accidents, orders, decrees, rulings and policies of any Governmental Authority, fires, floods, earthquakes, volcanic activity, severe weather conditions not reasonably foreseeable taking into account the location of performance and the climate patterns applicable thereto, explosions, riots, general strikes and area lockouts. Force Majeure shall not include a Party’s financial inability to perform under this Agreement or any Purchase Order. “Further Buyer Contracting Parties” has the meaning set forth in Section 3.2. “Governmental Authority” means a federal, state, local or foreign governmental authority (including any regulatory authority); a state, province, commonwealth, territory or district thereof; a county; a city, town, tow...
Derivative Software means any derivative or modification of Software made by Customer as may permitted by the relevant ▇▇▇▇. “Documentation” means user manuals, protocols or other documentation provided by Illumina under this Agreement related to the use and maintenance of the System or any Components thereof or any Consumables. “▇▇▇▇” means the software end user license agreement provided by Illumina to Customer. “Facility” means the Customer facility located at the shipping address indicated on the written quotation provided by Illumina to Customer. “Final Investment” means the amount designated as “Final Investment” on the written quotation provided by Illumina to Customer. “Flow Cell” means Illumina’s proprietary flow cells supplied for use on Illumina’s Cluster Station and Genome Analyzer. “Genome Analyzer” means Illumina’s sequencing instrument. “Hardware” means the hardware provided under this Agreement, or as upgrades or options under future agreements, as specified in the Specifications, including any Hardware that is a third- party Component. “Intellectual Property Rights” means all patent rights, copyrights, trade secrets, know-how, trademark, service ▇▇▇▇ and trade dress rights and other intellectual property rights, current or future, under the laws of any jurisdiction, together with all applications therefore and registrations thereto. “iScan” means Illumina’s high-resolution scanner that supports imaging of BeadArray-based genetic analysis products, including such accessories or peripherals as are described in the Specifications. “Oligo Pool” (or “OPA”) means a standard or custom collection of oligonucleotides required to practice an Assay. “Reagent Kit” means a kit containing the chemicals and enzymes supplied by Illumina to practice an Assay. “Sample Preparation Kit” means a kit supplied by Illumina containing the reagents required to prepare a nucleic acid template for amplification on an Illumina Cluster Station. “Sequencing Kit” means a kit supplied by Illumina containing the sequencing reagents for use on Illumina’s Genome Analyzer. “SNP” means single nucleotide polymorphism. “Software” means the Software provided under this Agreement, or as upgrades or options under future agreements, or as incorporated or embedded in other Components provided under this Agreement, in object code form, whether or not there is a separate charge thereof, including any Software that is provided from a third party. All references in this Agreement to the “purchase” or “sale”...
Derivative Software shall not include any software acquired by Buyer or any of Buyer's Affiliates after the Closing Date from an unaffiliated third party, provided that such software was not commissioned or otherwise created at the request of Buyer or any of Buyer's Affiliates.
Derivative Software means the object code Software and/or object code that results from Your compilation of modified or unmodified source code Software.