eSoft Software definition
Examples of eSoft Software in a sentence
Without limiting the non-exclusive nature of the obligation described in this Section 5.3, eSoft acknowledges and agrees that Gateway may elect to pursue opportunities with ASPs on its own or with other third parties if Gateway decides, in its sole discretion, that it wishes to pursue a strategic relationship with such ASP or that the integration of an ASP's software with the eSoft Software is commercially or technically impracticable.
Gateway shall accept or reject eSoft Software within the Initial Response time period defined in 8.1 above using the absence of Fatal or Severe Impact errors (as defined in Exhibit B) as the basis for Acceptance.
Upon receipt by Gateway of any eSoft Software or eSoft Deliverable, Gateway has [...***...] working days in which to reject or accept the eSoft Software or eSoft Deliverable.
As between the parties, Gateway acknowledges and agrees that nothing in this Agreement grants any ownership right to Gateway in or to the eSoft Software.
The license fee royalties applicable to the license grants set forth in Sections 3.1 and 3.2 above shall be payable on a quarterly basis in arrears and shall be paid in accordance with the License Fee schedule set forth on Exhibit A attached hereto for each Gateway end-user that pays a [...***...] subscription fee that includes a license to the eSoft Software.
During the term of this Agreement, in connection with the eSoft Software, eSoft shall provide maintenance and support to Gateway in accordance with the provisions of Exhibit B, Maintenance and Support Obligations.
If no Fatal or Severe Impact errors exist as defined in Exhibit B, the eSoft Software shall be declared Accepted.
During this period, Gateway will evaluate the eSoft Software or eSoft Deliverable and test it against the relevant Statement of Work, warranty or specifications, as applicable.
If Gateway determines that the eSoft Software and/or eSoft Deliverables do not meet the criteria defined in Section 8.2 above, and Gateway rejects either the eSoft Software or eSoft Deliverable, Gateway will provide written notice to eSoft as to the issues precluding Acceptance, and shall specify the nature of the defect, and the terms and conditions set forth below shall apply to such rejection.
All right, title and interest in the eSoft Software shall be deemed to vest in eSoft.