Shrink-Wrap Software definition

Shrink-Wrap Software means any generally commercially available Software in executable code or hosted form that is available for a total replacement cost of not more than U.S. $100,000 and that is not required for any Company Product to successfully operate in accordance with its documentation (but excluding commercially-available, third-party software to which the Company Products connect via application programming interfaces or other integrations).

Shrink-Wrap Software means generally commercially available binary Software (other than development tools and development environments) where available for an average cost of not more than $1,000 for a perpetual license for a single user or work station (or $50,000 in the aggregate for all users and work stations) that is used by the Company or its Subsidiaries but not incorporated into any Company Products and that has not been customized for use by Company or its Subsidiaries.

Shrink-Wrap Software means software that is generally commercially available: (a) through or in consumer retail stores; (b) from the software licensors or their distributors, sales agents, representatives or other persons, including value-added and other resellers or original equipment manufacturers; or (c) from the Internet pursuant to “shrink wrap” or “click through” licenses;

Examples of Shrink-Wrap Software in a sentence

• The Company and its Subsidiaries, collectively, have the valid right to use all Licensed Intellectual Property (other than Intellectual Property included in Shrink-Wrap Software and Open Source Software) and Owned Intellectual Property that is exclusively licensed to Company or its Subsidiaries pursuant to the Inbound Licenses set forth on Schedule 3.15(a)(ix).

• Section 4.8(a)(i) of the Disclosure Letter further sets forth a true, accurate and complete list of all Outstanding IP Licenses (other than for Shrink-Wrap Software having a per-user license fee of less than $500), identifying the parties thereto and the subject matter and date thereof, any royalty or other payment obligations, the term thereof, and any exclusivity obligations.

• No Software not included in the Acquired Assets is necessary for the use, modification or maintenance of the Acquired Software, other than Shrink-Wrap Software.

• To Seller's actual knowledge, Seller has not infringed, and by its use of its Intellectual Property, is not now infringing on any United States or state trade name, trademark, service xxxx or copyright belonging to any other person, firm or corporation and, to Seller's actual knowledge, the use of the Intellectual Property (other than Shrink-Wrap Software) by Purchaser will not conflict with, infringe on or otherwise violate the rights of others.

• To the extent the transfer of any license agreement hereunder (other than those with respect to "off-the-shelf" software, i.e., so-called "shrink-wrap" licenses (collectively, "Shrink-Wrap Software") ) requires the consent of any third party, Seller and Shareholder shall use reasonable efforts to obtain such consents.

More Definitions of Shrink-Wrap Software

Shrink-Wrap Software means any generally commercially available software in executable code form that (i) is available for a cost of not more than U.S. $100,000 for a perpetual license for a single user or work station (or $250,000 in the aggregate for all users and work stations in any fiscal year); and (ii) is not incorporated into or distributed with any Company Product.

Shrink-Wrap Software means any generally commercially available, non-customized software in executable code or hosted form, that is available for an annual cost of not more than $100,000 for a single user or work station in the aggregate for all users and work stations and that is not distributed by the Company.

Shrink-Wrap Software means licenses of generally commercially available off-the-shelf Software licensed pursuant to un-negotiated end-user license or subscription agreements, shrink-wrap, click-wrap licenses or other similar licenses.

Shrink-Wrap Software means the current shipping versions of software applications and utilities generally available "off the shelf" on a commercially reasonable basis.

Shrink-Wrap Software has the meaning given to that term in Section 4.10(e).

Shrink-Wrap Software means “click-through”, “shrink-wrap” and other generally available software and other Intellectual Property licensed under non-exclusive, non-discriminatory, standard terms, used internally by Group Companies and not incorporated into the Group Companies’ products;

Shrink-Wrap Software means any software that is generally commercially available in executable code form for a cost of not more than $1,000 for an annual license for a single user or work station (or $10,000 in the aggregate for an annual license for all users and work stations) or $5,000 for a perpetual license for a single user or work station (or $50,000 in the aggregate for a perpetual license for all users and work stations), and that is licensed to the Company or its Subsidiaries on standard terms and not incorporated into or used directly in the delivery, hosting or distribution of any Company Products currently being distributed, offered, made available, used, or supported, or currently under development.