OEM Licenses. Under Esri's OEM or Solution OEM programs, OEM partners are authorized to embed or bundle portions of Esri products and services with their application or service. OEM partners' business model, licensing terms and conditions, and pricing are independent of this Agreement. Customer will not seek any discount from the OEM partner or Esri based on the availability of Products under this Agreement. Customer will not decouple Esri products or services from the OEM partners' application or service.
OEM Licenses. Except for OEM Licenses by Adobe of the PDFPress Server Software to Named Accounts, Adobe shall pay a royalty to ESPS equal to ten percent (10%) of the Net Revenues Adobe receives from all OEM Licenses for the PDFPress
OEM Licenses. If City obtains Software, Data, Online Services, or any component thereof as part of an original equipment manufacturer (OEM) software program or product developed and licensed by an OEM business partner of Esri, City shall not be entitled to or seek any discount from the OEM business partner or Esri, directly or indirectly, as a result of or based upon the availability of such Software, Data, or Online Services, as Enterprise License Software under this ELA. In addition, such Software, Data, Online Services, or any component thereof included in the OEM software program or product will be licensed through the license agreement provided by the OEM business partner and not through this ELA.
OEM Licenses. Notwithstanding anything to the contrary set forth herein, Healthdyne may (i) grant sub-licenses to one or more third parties to manufacture Instruments in the event a manufacturing license is granted in accordance with Section 2.1(iii), and (ii) may grant non-exclusive sub-licenses to use and sell Licensed Products to one or more third parties (but not the manufacture of such Licensed Products unless such manufacture is pursuant to a manufacturing license granted in accordance with Section 2.1(iii)) in such third party's name, or such third party's name in conjunction with Healthdyne's name provided such third party is a hospital, or a home care dealer or distributor who, in the absence of the sub-license, would be considered an end user within Healthdyne's normal channels of distribution ("Private Label Dealer"). Healthdyne covenants that no more than [*] of its net sales revenue for Licensed Products shall be sold to Private Label Dealers.
OEM Licenses. If Licensee obtains Software, Data, Web Services, or any component thereof as part of an original equipment manufacturer (OEM) software program or product developed and licensed by an OEM business partner of Esri, Licensee shall not be entitled to or seek any discount from the OEM business partner or Esri, directly or indirectly, as a result of or based upon the availability of such Software, Data, or Web Services, as Enterprise License Software under this ELA. In addition, such Software, Data, Web Services, or any component thereof included in the OEM software program or product will be licensed through the license agreement provided by the OEM business partner and not through this ELA.
OEM Licenses. AspenTech hereby grants to Xxxxxxx a non-exclusive right to distribute OEM Software licenses to Xxxxxxx clients in OEM Transactions in the sole discretion of Xxxxxxx, subject to the requirements set forth in this Agreement. OEM licenses include the right to sublicense and distribute any then-current version of Software at any time by embedding the Software in or incorporating Software with Xxxxxxx hardware, software, services, or systems and providing the combined product or service to a client or other third party in accordance with Exhibit E - OEM Terms. OEM licenses shall also extend to standalone versions of the Software which are distributed by Xxxxxxx on a standalone OEM or white-labeled basis; provided the parties have mutually agreed upon the Software that may be distributed by Xxxxxxx on a standalone OEM or white-labeled basis.
