Ixia definition
Examples of Ixia in a sentence
Ixia and the Ixia four-petal logo are registered trademarks or trademarks of Ixia.
Licensee acknowledges that any actual or threatened breach of the provisions of this Agreement will constitute immediate, irreparable harm to Ixia and its licensors (as applicable) for which monetary damages would be an inadequate remedy; that injunctive relief is an appropriate remedy for any such breach or threatened breach; and that, in such event, Ixia (and/or its licensors, as applicable) will be entitled to immediate injunctive relief without the requirement of posting bond.
Licensee may receive the SOFTWARE in more than one medium, or Licensee may receive copies of the SOFTWARE that are compatible with operating systems not specified on the applicable Ixia invoice.
Ixia will not use such technical information in a form that identifies Licensee.
To the extent any such Open Source License requires that Ixia provide Licensee the rights to copy, modify, distribute or otherwise use any Open Source Software that are inconsistent with the limited rights granted to Licensee in this Agreement, then such rights in the applicable Open Source License shall take precedence over the rights and restrictions granted in this Agreement, but solely with respect to such Open Source Software.
Upon Licensee’s installation of any Update to the SOFTWARE or receipt of any Update to the Documentation, Licensee shall have no further rights, and Ixia shall have no further obligations, with respect to those portions of the SOFTWARE or the Documentation, as the case may be, that such Update was intended to replace.
If Ixia provides Licensee with any Update to the SOFTWARE or Documentation, the same shall become part of the SOFTWARE or Documentation, as the case may be, licensed hereunder when delivered to Licensee and shall be subject to all of the terms and conditions contained herein.
Licensee agrees, upon any termination or expiration of this Agreement, to cease use of, and to destroy or return to Ixia, all copies of the SOFTWARE and Documentation.
Ixia shall have the right, upon reasonable notice, to conduct and/or have an independent accounting firm conduct, during normal business hours on Licensee’s premises under Licensee’s reasonable supervision, an audit to verify Licensee’s compliance with the terms of this Agreement, the Third Party Licenses and the Open Source Licenses.
Both parties hereby acknowledge and agree that any and all suppliers, distributors and licensors of Ixia (and any and all licensors of Ixia’s licensors) shall be direct and intended third party beneficiaries of this Agreement (including, without limitation, the provisions regarding intellectual property ownership, and the disclaimers of warranties and limitations on liability, as set forth herein), with the right to directly enforce the same.