TIS Software definition
Examples of TIS Software in a sentence
Notwithstanding anything contained in this Agreement to the contrary, neither party shall export or re-export, directly or indirectly, any Patent Rights, TIS Software or Licensed Products or information pertaining thereto to any country for which such government or any agency thereof requires an export license or other governmental approval at the time of export or re-export without first obtaining such license or approval.
TIS represents and warrants that: (i) TIS has sufficient rights to grant the rights and/or licenses granted to IBM herein; (ii) the TIS Software does not infringe any copyright, patent, trademark, or misappropriate any trade secret; and (iii) no claim of patent, copyright, trade secret or trademark infringement has been threatened or asserted, in writing, or is in litigation relating to any of the intellectual property provided by TIS under this Agreement.
Should any TIS Software or any portion thereof become the subject of a claim of infringement for which indemnity is provided under Section 9, TIS may elect to: (i) obtain for IBM the right to use such TIS Software; or (ii) replace or modify the TIS Software so that it becomes non-infringing while substantially retaining its previous functionality.
TIS shall have no implied rights to any portion of the New Software, a Licensed Product or any other product independently developed by IBM or licensed by IBM from a source other than TIS, rights in which are not otherwise retained by TIS through its ownership of the Patent Rights and/or the TIS Software.
New releases and new versions of TIS Software will be provided by TIS at no additional charge during the term of this Agreement.
IBM agrees to pay TIS the Annual TIS Software Maintenance fee set forth in the applicable Exhibit "D".
TIS shall provide additional Master Copies of revisions, updates and/or enhancements, if any, to the TIS Software from time to time.
This Agreement is expressly made subject to any laws, regulations, orders or other restrictions on the export from the United States of America of the Patent Rights, the TIS Software or the Licensed Products, or of information about such TIS Software or Licensed Products, which may be imposed from time to time by the government of the United States of America ("Export Control Laws").
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