IBSS Software definition
Examples of IBSS Software in a sentence
Reseller shall not cause or permit the programs, documentation, or other information related to any IBSS Software to be copied or reproduced in any form or medium, in whole or in part.
IBSS Software direction, content, good-will, technical issues and market approach shall always be considered confidential unless otherwise agreed to in writing by the Parties hereto.
Notwithstanding any other provision of this Agreement or any other document whatsoever, the sale of any IBSS Software by IBSS to Reseller, and the resale of such IBSS Software to a Customer pursuant to this Agreement is the sale of only a Customer License with respect to such IBSS Software, and in no event shall IBSS be deemed to have sold, assigned, or otherwise transferred any other right, title or interest in the IBSS Software to Reseller, to a Customer, or to any other Person.
Title to any IBSS Hardware sold to Reseller and all risk of loss related to any IBSS Software or IBSS Hardware sold to Reseller passes to Reseller upon the delivery of the IBSS Software or IBSS Hardware, as applicable, (a) to a carrier, (b) to Reseller, or (c) to a Customer, whichever occurs first.
During the Term, IBSS shall sell to Reseller for resale to Customers pursuant to a Customer License Agreement or a Hardware sales agreement, as applicable, and subject to and in accordance with this Agreement, any IBSS Software and/or IBSS Hardware ordered by Reseller in a commercially acceptable form from time to time which Designated Product order is accepted by IBSS in accordance with the current standards as promulgated by the Uniform Commercial Code.
The license by IBSS of the IBSS Software hereunder has not negligently or intentionally interfered with, infringed upon, misappropriated, or otherwise come into conflict with any intellectual property rights of third parties.
Reseller shall not disclose (nor permit any Reseller employee, independent contractor, agent, or other person under its authority or control, to disclose) to any Person, or allow any Person access to, any such proprietary information or trade secrets in whole or in part; provided, however, use of the IBSS Software in accordance with the terms and conditions of this Agreement shall be permitted by employees of Reseller in the ordinary course and scope of their employment by Reseller.
IBSS reserves the right to charge a reasonable restocking fee as a condition of permitting the return for credit of any IBSS Software or IBSS Hardware already shipped pursuant to a Reseller order duly cancelled in accordance with this Agreement.
IBSS is the owner or authorized licensee of the intellectual property rights relating to the IBSS Software.
This warranty shall not apply to any infringement resulting from alteration or modification of the IBSS Software by any Person other than IBSS.