ES&S Software definition

ES&S Software means ES&S’ proprietary Ballot On Demand software and all Updates delivered to Customer under this Agreement, unless licensed pursuant to a separate written agreement.
ES&S Software means ES&S’ proprietary election software (including the ES&S Firmware), all Updates and items delivered to Customer pursuant to Article III of Exhibit F and, unless licensed pursuant to a separate written agreement, all Add-Ons and New Products licensed to Customer.
ES&S Software means ES&S’ proprietary voter registration software as set forth on Exhibit B as well as all Updates and items delivered to Customer under this Agreement.

Examples of ES&S Software in a sentence

  • All Updates shall be deemed to be ES&S Software for purposes of this Agreement upon delivery.

  • Customer shall be responsible to ensure that it has installed and is using only certified versions of ES&S Software in accordance with applicable law.

  • If Customer proposes changes in the ES&S Software to ES&S, such proposals will become ES&S’ property.

  • All licensed items shall be deemed to be ES&S Software for purposes of this Exhibit A.

  • During the Initial License Term or any License Renewal Term, ES&S may provide new releases, upgrades or maintenance patches to the ES&S Software, together with appropriate Documentation (“Updates”), on a schedule defined by ES&S.

  • The Software License, Maintenance and Support Fee shall be comprised of (i) a fee for the Software License, Maintenance and Support provided for the ES&S Firmware, and (ii) a fee for the Software License, Maintenance and Support provided for all other ES&S Software, and shall be in addition to any fees or charges separately referred to in any Section of this Exhibit A.

  • All replaced components of the ES&S Equipment or ES&S Software will become the property of ES&S.

  • Customer shall keep the ES&S Software and related Documentation free and clear of all claims, liens and encumbrances and shall maintain all copyright, trademark, patent or other intellectual or proprietary rights notices that are set forth on the ES&S Equipment, the ES&S Software, the Documentation, training materials and ballots that are provided, and all permitted copies of the foregoing.

  • ES&S shall provide license, maintenance and support services (“Software License, Maintenance and Support”) for the ES&S Software and ES&S Firmware (collectively, “ES&S Software”), to allow Customer to continue to license and use the software in accordance with the license terms set forth in Sections 2-4 of the General Terms as well as to enable it to perform in accordance with its Documentation in all material respects, and to cure any defect in material or workmanship.

  • Any repaired or replaced item of ES&S Equipment or ES&S Software shall be warranted only for the unexpired term of the Warranty Period.


More Definitions of ES&S Software

ES&S Software means the ES&S Software and ES&S Firmware as set forth on the front side of this agreement.
ES&S Software means ES&S’s proprietary vote tabulation software as set forth on the front side of this Agreement.
ES&S Software means the modules which the parties have selected on Exhibit B, all Updates provided to Customer by ES&S and all custom programming created by ES&S for Customer.
ES&S Software means ES&S’ proprietary software as set forth on Exhibit B.
ES&S Software means ES&S’ proprietary Balotar software and all Updates delivered to Customer under this Agreement, unless licensed pursuant to a separate written agreement.

Related to ES&S Software

  • Business Software means with respect to a Licensor, all Software to the extent Controlled by such Licensor or any of its Affiliates as of the Effective Date, which Software is reasonably required as of the Effective Date for the conduct of (i) the Agriculture Business if the Licensee is AgCo, including as listed on section (i) of Schedule Q, or (ii) the Materials Science Business if the Licensee is MatCo, including as listed on section (ii) of Schedule Q, in each case (in respect of the foregoing (i) and (ii)), only if and to the extent such Licensee and its Affiliates have not been granted a license or other rights to use such Software under the Separation Agreement or any other Ancillary Agreement. Notwithstanding the foregoing, Business Software expressly excludes any and all Excluded IP.

  • 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 the software provided by Branding with Type which, when used on an appropriate Device or Devices, generates typeface and typographic designs and ornaments. Font Software shall include all bitmap representations of typeface and typographic designs and ornaments created by or derived from the Font Software. Font Software includes upgrades, updates, related files, permitted copies, permitted conversions, and related documentation.

  • Embedded Software means one or more software applications which permanently reside on a computing device.

  • Hosted Software means the software owned and controlled by Vendor or Vendor’s third-party contractor that supports the Hosted Software Services.

  • Supplier Software means software which is proprietary to the Supplier or its Affiliates which is used or supplied by the Supplier in the provision of the Services; Supplier Staff means all persons employed or engaged by the Supplier together with the Supplier's servants, agents, suppliers, consultants and Sub-Contractors (and all persons employed by any Sub-Contractor together with the Sub-Contractor’s servants, consultants, agents, suppliers and Sub-Contractors) used in the performance of its obligations under this Contract; Time and Materials means the pricing mechanism for the Services as may be agreed by the Parties and set out at paragraph Error: Reference source not found in the SOW; TUPE means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) as amended or replaced or any other regulations or UK legislation implementing the Acquired Rights Directive; Velocity means the Metric which measures the total number of Story Points for Stories that have been accepted in a Sprint, indicating the rate of progress towards Acceptance of all Stories from the Product Backlog;

  • Tyler Software means our proprietary software, including any integrations, custom modifications, and/or other related interfaces identified in the Investment Summary and licensed by us to you through this Agreement. • “we”, “us”, “our” and similar terms mean Xxxxx. • “you” and similar terms mean Client.

  • 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.

  • Company Software means Software owned or purported to be owned by or developed by or for the Company or any Company Subsidiary.

  • Developed Software means software specifically designed for the Principal under the Contract. Depending how advanced its development is, it may be either a Product or a Service or both.

  • Customer Software means software which is owned by or licensed to the Customer;

  • Client Software means software that allows a Device to access or utilize the services or functionality provided by the Server Software.

  • Server Software means software that provides services or functionality on a computer acting as a server.

  • Licensed Software includes error corrections, upgrades, enhancements or new releases, and any deliverables due under a maintenance or service contract (e.g., patches, fixes, PTFs, programs, code or data conversion, or custom programming).

  • Oracle Software means any software agent, application or tool that Oracle makes available to You for download specifically for purposes of facilitating Your access to, operation of, and/or use with, the Services.

  • System Software means Software that provides the operating and management instructions for the underlying hardware and other components, and is identified as such in Appendix 4 of the Contract Agreement and such other Software as the parties may agree in writing to be Systems Software. Such System Software includes, but is not restricted to, micro-code embedded in hardware (i.e., “firmware”), operating systems, communications, system and network management, and utility software.

  • SAP Group Software means (i) any and all software products listed on the Price List as well as any SAP SDK which are provided by SAP or any other member of the SAP Group to Partner or to an End User (either directly or indirectly via Partner) under any part of this Agreement all as developed by or for the SAP Group; (ii) any new releases, updates or versions thereof made available through unrestricted shipment pursuant to Maintenance Services or warranty obligation by any member of the SAP Group; and (iii) any complete or partial copies of any of the foregoing.

  • Owned Software means all computer, software or firmware programs, modules or libraries owned or purported to be owned by the Company or any of its Subsidiaries.

  • Public Software means any Software that contains, or is derived in any manner (in whole or in part) from, any software that is distributed as free software, open source software (e.g., Linux) or similar licensing or distribution models, including, without limitation, software licensed or distributed under any of the following licenses or distribution models, or licenses or distribution models similar to any of the following: (A) GNU’s General Public License (GPL) or Lesser/Library GPL (LGPL), (B) the Artistic License (e.g., PERL), (C) the Mozilla Public License, (D) the Netscape Public License, (E) the Sun Community Source License (SCSL), (F) the Sun Industry Standards License (SISL), (G) the BSD License, and (H) the Apache License.

  • Customized Software or “Customization” means any Application Software code modified or amended on behalf of the Customer. Setting of parameters, parameterization or configuration is not a Customization.

  • Computer Hardware and Software means all of each Loan Party’s and each of its Subsidiary’s rights (including rights as licensee and lessee) with respect to (a) computer and other electronic data processing hardware, including all integrated computer systems, central processing units, memory units, display terminals, printers, computer elements, card readers, tape drives, hard and soft disk drives, cables, electrical supply hardware, generators, power equalizers, accessories, peripheral devices and other related computer hardware; (b) all software and all software programs designed for use on the computers and electronic data processing hardware described in clause (a) above, including all operating system software, utilities and application programs in whatsoever form (source code and object code in magnetic tape, disk or hard copy format or any other listings whatsoever); (c) any firmware associated with any of the foregoing; and (d) any documentation for hardware, software and firmware described in clauses (a), (b) and (c) above, including flow charts, logic diagrams, manuals, specifications, training materials, charts and pseudo codes.

  • Standard 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 Standard Software.

  • Third Party Software means software which is proprietary to any third party (other than an Affiliate of the Contractor) which is or will be used by the Contractor for the purposes of providing the Services.

  • Computer software means computer programs, source code, source code listings, object code listings, design details, algorithms, processes, flow charts, formulae, and related material that would enable the software to be reproduced, recreated, or recompiled. Computer software does not include computer databases or computer software documentation.

  • Service Software means any and all software applications and any third-party or other software, and all new versions, updates, revisions, improvements and modifications of the foregoing, that Contractor provides remote access to and use of as part of the Services.

  • Proprietary Software means computer software developed for and owned by the Failed Bank for its own purpose and use.