Industrial Software definition
Examples of Industrial Software in a sentence
Gen-Probe reserves and retains all rights to the Industrial Information Technology, Industrial Information and the Industrial Software, subject to the rights granted to Company under Section 1.8. Gen-Probe hereby agrees that it will not grant to any Third Party the right to access or use the Industrial Information Technology, Industrial Information or Industrial Software in the Company Field.
Gen-Probe will deliver the Industrial Information and Industrial Software to Company within 30 days of the Effective Date on diskette/CD-ROM or other magnetic media or via electronic transmission or as otherwise mutually agreed by the parties.
For clarification, in no event shall Gen-Probe be obligated to develop or otherwise obtain any such bug fixes, patches or improvements to the Industrial Software.
During the one-year period following the Effective Date, Gen-Probe shall provide to Company any bug fixes, patches or improvements that it chooses to make to the Industrial Software, as well as subsequent versions of the industrial Software and subsequent versions of any such bug fixes, patches or improvements to Company.
Company shall be responsible for acquiring and maintaining, at its own expense, all software enumerated in Schedule 1.8(c), which is necessary to enable Company to access and use the Industrial Information and Industrial Software.
Gen-Probe disclaims any responsibility or liability to Company for such software or its use with the Industrial Information and Industrial Software.
Additionally, Company shall be responsible for acquiring and maintaining, at its sole discretion and at its own expense, any other software that Company deems useful for its use of the Industrial Information and Industrial Software.
Subject to the terms and conditions of this Agreement, Gen-Probe hereby grants to Company a worldwide, non-exclusive right, without the right to sublicense, assign or transfer such right (except as otherwise provided in and in accordance with the terms of Section 11.5), under the Industrial Information Technology to access and use the Industrial Information through the interface of the Industrial Software for Company’s own internal research and development activities solely in the Company Field.
Gen-Probe shall have the right to reject any such proposal in its reasonable discretion, having reference to the utility of such proposed modifications to the functionality or performance of the Industrial Software within and outside the Company Field and Gen-Probe’s available software development resources.
Company hereby agrees that it will not, directly or indirectly (including through any Affiliate or sublicensee), access or use the Industrial Information Technology, Industrial Information or Industrial Software for any purpose other than as expressly permitted by this Section 1.8. No rights under any Patents or Information of either party is granted or shall be granted by implication.