Evergreen Software definition

Evergreen Software means any software proprietary to Evergreen including ECential programs or Code. It also refers to any ECential programs used in conjunction with Caldera Software.
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Examples of Evergreen Software in a sentence

  • Library System The organization unit as defined by the Evergreen Software, to be distinguished from branches, book mobiles, etc.

  • Should any portion of the Software (Evergreen Software if Evergreen is the first party; and Caldera Software if Caldera is the first party) or its intended use become, or in the first parties opinion be likely to become, the subject of a claim of infringement of a United States patent, copyright or other proprietary right, then Section 8.4 above shall apply.

  • Evergreen makes no warranty concerning, and shall have no liability with respect to (a) software not delivered by Evergreen; (b) use of the Evergreen Software in a manner for which it was not designed; (c) Caldera's modification of the Evergreen Software in a manner to become infringing; or (d) any use of the Software in violation of this Agreement.

  • If the management of Caldera becomes aware of the unauthorized use, copying, or disclosure of the Evergreen Software, Evergreen Marks, or Evergreen's Proprietary Data, Caldera will notify an Evergreen representative.

  • Evergreen shall not be liable for any damage or loss to Caldera's computer or data resulting from the evaluation or use of the Evergreen Software.

  • Except for liabilities and obligations under Section 8.4 or Article 9, and the royalty fees due Caldera pursuant to this Agreement and any interest thereon, Evergreen's liability arising out of this Agreement or arising out of the use or distribution of the Evergreen Software by Caldera shall be limited to the amount paid by Caldera to Evergreen for the Evergreen Software.

  • If Evergreen determines that the claim may have merit, Evergreen may instruct Caldera to cease selling licenses for the Evergreen Software.

  • If an end user of any Evergreen Software will be an agency, department, or other entity of the United States Government (the "Government"), the end user's Software License Agreement shall include such "restricted rights of government users" clause as Evergreen has included in Exhibit B.

  • Any enhancements and suggestions for improvement of Evergreen Software which Caldera desires to suggest to Evergreen.

  • The selling party shall provide first and second line support to customers for the Caldera Software and the Evergreen Software during the term of this Agreement.