ESPS Software definition

ESPS Software means the PDFPress Client Software, PDFPress Standalone Client Software and PDFPress Server Software and any subsequent modifications, updates and or upgrades by ESPS as provided in Section 5.3.

Examples of ESPS Software in a sentence

  • ESPS represents that the ESPS Software delivered to Adobe shall qualify for a general export license under the Export Administration Act and that the ESPS Software shall not include encryption technology that precludes qualification for such general license.

  • Upon any delivery of the ESPS Software under Section 5.1, Adobe shall review, test and evaluate the ESPS Software.

  • ESPS shall have no obligation to provide warranty services to the extent that the Material Defect in the ESPS Software is caused by malfunction of non-ESPS hardware or software, by modification of the ESPS Software not made by ESPS, by operator error, or by use of the ESPS Software that is not in accordance with the operating instructions for the ESPS Software.

  • During the term of this Agreement and for a period of three (3) years after the termination of this Agreement, at Adobe's request, ESPS shall provide to Adobe: (i) Level III Support for the ESPS Software as third level assistance for the maintenance that Adobe provides directly to its customers; and (ii) any updates to the ESPS Software necessary for Adobe to provide Support Services to its customers.

  • Adobe hereby recognizes that ESPS retains all Intellectual Property Rights in the ESPS Software, ESPS Documentation and the Confidential Information received by Adobe from ESPS, including without limitation, all corrections and modifications to the ESPS Software and ESPS Documentation, if any, developed by ESPS or Adobe; provided, that ESPS grants to Adobe a perpetual, royalty free, unrestricted license to corrections or modifications made by Adobe.

  • Except as provided in Section 2.7, Adobe shall not attempt to decompile, disassemble, reverse engineer or use any other process to gain access to the Source Code of the ESPS Software.

  • ESPS will defend, at its expense, any action brought against Adobe to the extent that it is based on a claim that the use of the ESPS Software, ESPS Documentation or ESPS' Marks by Adobe in accordance with this Agreement infringes any copyright, trademark, or United States patent, and ESPS will indemnify Adobe from any costs, damages and fees incurred by Adobe from such action.

  • Upon Adobe's request, ESPS, at its own expense, shall provide Adobe with a reasonable amount of technical assistance to support Adobe's localization efforts under Section 4.6 including without limitation any modifications to the Source Code for the ESPS Software necessary to complete the localization and to make the ESPS Software compatible with localized versions of the application software programs set forth in Schedule A.

  • ESPS and Adobe each shall certify that they shall not directly or indirectly, export, reexport or transship the ESPS Software or any parts or copies thereof in such a manner as to violate such laws and regulations in effect from time to time.

  • Adobe shall represent the ESPS Software accurately and fairly and shall avoid any misleading or unethical business practices.

Related to ESPS Software

  • Supplier Software means software which is proprietary to the Supplier and software which is or will be used by the Supplier for the purposes of providing the Placement Services;

  • Customer Software means software which is owned by or licensed to the Customer, including software which is or will be used by the Supplier for the purposes of providing the Goods and/or Services but excluding the Supplier Software;

  • Custom Software means Software identified as such in Appendix 4 of the Contract Agreement and such other Software as the parties may agree in writing to be Custom Software.

  • SAP Software means: (i) any and all software products and Cloud Services licensed to Customer under the License Agreement as specified in software order forms or Cloud Service Order Forms (or other order forms, schedules or appendices as applicable) thereto; (ii) any new releases, updates or versions thereof made available through unrestricted shipment pursuant to the respective support agreement or warranty obligation and (iii) any complete or partial copies of any of the foregoing.

  • Font Software means software or instructions which, when used on an appropriate device or devices, generates typeface and typographic designs and ornaments. Font Software shall include all Subsets and bitmap representations of typeface and typographic designs and ornaments created by or derived from the Font Software. Font Software includes upgrades or updates (each of which may be provided to you by Monotype in its sole discretion), related files, permitted modifications, permitted copies, and related documentation.