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).

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Shrink-Wrap Software means any Technology (including Technology offered on a SaaS, PaaS, or IaaS or similar basis and software available through retail stores, distribution networks or that is pre-installed as a standard part of hardware purchased by the Company) that (A) is generally commercially available on standard non-exclusive terms, (B) has not been modified or customized by or for the Company, and (C) has an annual license or subscription fee or total replacement cost of less than $105,000.

Shrink-Wrap Software shall have the meaning set forth in Section 2.8(a) of this Agreement.

Examples of Shrink-Wrap Software in a sentence

• Each Company has sufficient software licenses for all of the Shrink-Wrap Software which it uses in the operation of the Business without violating the terms or provisions of any such software license.

• No representation and warranty is made herein as to Shrink-Wrap Software or Publicly Available Software.

• Schedule 4.27(c) sets forth all software licensed by any Seller Party from third parties Relating to the RFG Business (the “Third-Party Software,” which term shall not include Shrink-Wrap Software or Publicly Available Software), including the licensor thereof, the licensee fee and frequency of payment and the stated expiration date of such license.

• Section 2.12(f)(i) of the Disclosure Schedule lists, as of the Agreement Date, all licenses or Contracts pursuant to which the Company is licensed or subscribed to use any Intellectual Property Right or Technology (collectively “Inbound Licenses”), other than (A) non-exclusive Software licenses or software-as-a-service agreements with respect to Shrink-Wrap Software and Open Source Materials and (B) agreements where any such license is incidental to the primary purpose of the Contract.

• Exhibit F attached hereto contains a true and complete list of all Software (other than Shrink-Wrap Software) used in connection with the operation of the Facility.

More Definitions of Shrink-Wrap Software

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;

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 has the meaning given to that term in Section 4.10(e).

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 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.

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.