Operating Software Sample Clauses

Operating Software. Includes the operating and database software and other products which are necessary and must be provided by Contractor or the County as part of the Solution Environment.

Operating Software. The Company shall have assigned to Buyer, at the Closing, all rights of the Company under the ST Wireless Agreement.

Operating Software. Those routines, whether or not identified as program products, that reside in the equipment and are required for the equipment to perform its intended function(s), and which interface the operator, other contractor-supplied programs, and user programs to the equipment.

Operating Software. 11.1 The Purchaser acknowledges (and shall ensure that the Clinical User acknowledges) that any Operating Software is licensed not sold. The Operating Software is owned by an Olympus Group Company or a third-party licensor. 11.2 Unless it is identified by the Quotation or the Approved Purchase Order that the Purchaser or Clinical User (as applicable) will obtain a direct licence from the third party licensor of the Operating Software or that a separate software licence agreement applies for the Purchaser’s or Clinical User´s (as applicable) use of the Operating Software, Olympus grants (or shall procure the grant) to the Purchaser or the Clinical User (as applicable) a non-exclusive, fully-paid up, royalty-free, worldwide licence from the date of actual delivery of the Operating Software to use (and to permit Authorised Users to use) the Operating Software on the Products for the clinical use by the Clinical User, including for back-up and disaster recovery purposes. During the Term of the Rental Olympus may, in respect of the Products, provide the Services set out in Part 1 this Appendix 1 to Schedule 3 and subject to Part 2 of this Appendix 1 to Schedule 3.

Operating Software. During the Product(s) warranty period, Participating Members will be entitled to receive the following software (“Operating Software”): (a) all software updates which 6 of 17 PREMIER PURCHASING PARTNERS, L.P. STANDARD TERMS AND CONDITIONS GROUP PURCHASING AGREEMENT-CAPITAL EQUIPMENT Seller: Masimo Americas, Inc. Contract Number: PP-NS-540 maintain existing capabilities and enable the Product(s) to perform in accordance with the Specifications; and (b) any software necessary to standardize Product(s) for service maintenance. Operating Software shall be provided to Participating Members regardless of whether Participating Members purchase service contracts from Seller. Seller shall make available for purchase by Participating Members any software upgrades which allow the Product(s) to exceed performance Specifications.

Operating Software. The Services may be operated in both Linux® and Windows® environments. Each time you commission a server, we will provision the server with the operating system you choose. We reserve the right to modify, change, or discontinue any Third-Party Software at any time, and you agree to cooperate in performing such steps as may be necessary to install any updates to the Third- Party Software. The Third-Party Software is neither sold nor distributed to you, and you may use the Third-Party Software solely as part of the Services. You may not use the Third-Party Software outside of the Services. We may provide your personal information to third-party providers as required to provide the Third-Party Software. You acknowledge and agree that your use of the Third-Party Software is subject to our agreement(s) with the third-party providers. In addition, if the Third-Party Software is accompanied by or requires consent to a service or license agreement from the third-party provider, your use of the Third-Party Software is subject to such service or license agreement. You may not download, install, or use any Third-Party Software that is accompanied by or requires consent to a service or license agreement from a third-party provider unless you first agree to the terms and conditions of such service or license agreement. You may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Third-Party Software. You may not reverse engineer, decompile, or disassemble the Third-Party Software, except and only to the extent that such activity is expressly permitted by applicable law. You acknowledge and agree that the third-party providers (and their affiliates and suppliers) make no representations or warranties about any Third-Party Software offered in connection with the Services, and expressly disclaim any liability or damages (whether direct, indirect, or consequential) arising from the use of the Third-Party Software. You acknowledge and agree that any Third-Party Software will be supported by us and not by the third- party providers (or their affiliates or suppliers).

Operating Software. 11.1 The Purchaser acknowledges (and shall ensure that the Clinical User acknowledges) that any Operating Software is licensed not sold. The Operating Software is owned by an Olympus Group Company or a third- party licensor. 11.2 Unless it is identified by the Quotation or the Approved Purchase Order that the Purchaser or Clinical User (as applicable) will obtain a direct licence from the third party licensor of the Operating Software or that a separate software licence agreement applies for the Purchaser’s or Clinical User´s (as applicable) use of the Operating Software, Olympus grants (or shall procure the grant) to the Purchaser or the Clinical User (as applicable) a non-exclusive, fully-paid up, royalty-free, worldwide licence from the date of actual delivery of the Operating Software to use (and to permit Authorised Users to use) the Operating Software on the Products for the clinical use by the Clinical User, including for back-up and disaster recovery purposes. During the Term of the Rental Olympus may, in respect of the Products, provide the Services set out in Part 1 this Appendix 1 to Schedule 3 and subject to Part 2 of this Appendix 1 to Schedule 3. 1 The Services 1.1 The Services are provided for the benefit and support of the Clinical User and are not transferrable or assignable by the Purchaser in respect of itself or the Clinical User. The provision of the Services is distinct from the legal sale and purchase relationship between Olympus and the Purchaser 1.2 If the Products are damaged during the Term, Olympus will repair such Products and return them to OEM Standard, or (as determined by Olympus) replace such Products with a like or similar new device. 1.3 During the Term, Olympus may provide the following in respect of the Services: i) Preventative Inspection: Clinical Site visit by Olympus Field Service Engineer in accordance with applicable regulations and/or device’s instructions for use) to conduct: (a) visual inspection of outer condition of the device; (b) assessment of mechanical components of the device; (c) check of device-specific functionalities; (d) cleaning of outer surface and dust removal inside the Products; and (e) electrical safety checks, in accordance with standards determined by Olympus in accordance with Applicable Law.

Operating Software. During the Product(s) warranty period, Participating Members will be entitled to receive the following software (“Operating Software”): (a) all software updates which maintain existing capabilities and enable the Product(s) to perform in accordance with the Specifications; and (b) any software necessary to standardize Product(s) for service maintenance. Operating Software shall be provided to Participating Members regardless of whether Participating Members purchase service contracts from Seller. Seller shall make available for purchase by Participating Members any software upgrades which allow the Product(s) to exceed performance Specifications.

Operating Software. If the Customer wishes to install computer programs other than the Operating Software or computer programs supplied and/or approved by the Company onto the Hardware:‌ (a) the Customer must obtain the written approval of the Company prior to performing any such installation; (b) the Company reserves the right to charge the Customer an Additional Charge for validating that the computer program is likely to operate in conformity with the Operating Software and with any other computer programs supplied and/or approved by the Company, which the Customer agrees to pay within 30 days of receiving an invoice from the Company for such Additional Charge; and (c) the Customer unconditionally and irrevocably acknowledges and agrees that: (i) the installation and use of such computer programs is entirely at the risk of the Customer, except where agreed otherwise in writing; and (ii) any approval given by the Company to the Customer pursuant to clause 9.1 (a) only constitutes an approval of the relevant computer program at the time of testing and the Company makes no warranty or representation that future updates to the Operating Software will not render the approved computer program inoperable or otherwise cause the computer program to malfunction or not to operate in accordance with the Documentation. To the extent that:‌ (a) the Company’s right of use of the Operating Software is terminated at any time; or (b) the Operating Software no longer functions in accordance with the Documentation (other than due to a breach by the Customer of its obligations under an Agreement) as determined in the sole discretion of the Company; or (c) the Company is required to change, upgrade, update or apply a patch to or in respect of the Operating Software for the proper functioning of the Hardware and the Products, the Customer acknowledges and agrees that the Company may in its absolute discretion and on no less than thirty (30) days’ written notice to the Customer do any of the following (as applicable): (d) substitute the existing Operating Software with and to implement a reasonable equivalent thereof on terms which comply with the requirements of the Hardware; and (e) change, upgrade, update or apply a patch to or in respect of the Operating Software for the proper functioning of the Hardware and the Products, at no additional cost of the Customer. (f) The Company agrees that any changes to the Operating Software made in accordance with clause 9.2 will have no material adverse ef...