Generally Available Software definition

Generally Available Software means non-customized “off-the-shelf” or “shrink-wrapped” software that (i) is licensed to an Acquired Company solely in executable or object code form pursuant to a nonexclusive, internal use software license; (i) is not incorporated into, or used directly in the development, manufacturing, or distribution of, any of the Acquired Company’s products or services; and (iii) is generally commercially available to any licensee on standard terms.

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Generally Available Software means generally, commercially available off-the-shelf software that (i) has not been modified or customized for the Acquired Companies or any of their Subsidiaries, (ii) is licensed for an annual fee under $200,000 and (iii) does not relate to the use of Open Source Materials.

Generally Available Software means non-customized Software that (a) is licensed to an Acquired Company solely in executable or object code form pursuant to a nonexclusive, internal use software license, (b) is not incorporated into or used directly in the distribution or provision of any Company Products and (c) is generally available on standard terms for either (i) annual payments by any Acquired Company of $3,000,000 or less or (ii) aggregate payments by any Acquired Company of $10,000,000 or less.

Examples of Generally Available Software in a sentence

• This Agreement is effective and binding upon each Party hereto, its successors and assignees.

• If and when such Development Software becomes Generally Available, Software Maintenance and support on commercially and generally offered terms and conditions will be available from HBOC, together with functionality warranties to the Software's Documentation.

• The Company IP, together with the Technology and Intellectual Property Rights licensed to the Acquired Companies under the Contracts listed in Section 3.09(a) of the Disclosure Schedule, consist of all the Technology and Intellectual Property Rights (other than Generally Available Software) used in, held for use in, or otherwise necessary for the conduct of the Business as currently conducted.

• Section 2.13(e) of the Disclosure Schedule lists all Contracts under which a third party licenses or provides any Intellectual Property Rights or Technology to any Acquired Company, including any Intellectual Property Rights or Technology that is incorporated into or embodied in a Company Product, other than (i) licenses for the Open Source Software listed in Section 2.13(o)(i) of the Disclosure Schedule, and (ii) licenses for Generally Available Software (“Inbound Licenses”).

• Except with respect to any Open Source Software listed in Section 2.13(o)(i) of the Disclosure Schedule, Section 2.13(q) of the Disclosure Schedule contains a complete list of all software development tools used by the Acquired Companies, except for any such tools that are Generally Available Software and are used in their generally available form (such as standard compilers) (the “Development Tools”).

More Definitions of Generally Available Software

Generally Available Software means generally, commercially available off-the-shelf software under standard end-user object code license agreements made available on a non-exclusive basis and (i) is used in the general operation of the business but is not material to the Company or any of its Subsidiaries, and (ii) has not been modified or customized for the Company or any of its Subsidiaries.

Generally Available Software means any generally commercially available off-the-shelf software in executable code form that is available for a cost of not more than $10,000 annually in the aggregate for one or more licenses of a given software product.

Generally Available Software means generally, commercially available off-the-shelf software and (i) is used in the general operation of the business but is not material to the Company or any of its Subsidiaries, and (ii) has not been modified or customized for the Company or any of its Subsidiaries.

Generally Available Software means software (i) that is available to the general public under standard terms and conditions, (ii) for which the applicable software vendor provides ongoing maintenance and updates, and (iii) that is available at standard prices offered to the public. "Generally Available IBM Software" shall mean IBM Software that is Generally Available Software. "Generally Available Third Party Systems Software" shall mean Third Party Systems Software that is Generally Available Software.

Generally Available Software means operating and application software generally available for licensing by the public or businesses on standard terms and conditions.

Generally Available Software means any generally commercially available software in executable code form that is available for a cost of not more than Seventy Thousand Dollars ($70,000) for a perpetual license for a single user or work station (or One Hundred Twenty-Five Thousand Dollars ($125,000) in the aggregate for all users and work stations).

Generally Available Software means any generally commercially available software in executable code form that is made available to the Company under a standard, non-negotiable terms of use, terms of service, click-wrap or shrink-wrap agreement.