A well-written licensing agreement indicates whether the license is permanent, inescapable, exclusive, global or from a company, and whether it contains the source code of the software. Duration of agreement – When does the agreement come into force and when does it expire? This section is about the liability limitations associated with the software. In addition, insurance provisions are important when the software provider will call on its staff on the customer`s website. This is a different type of liability risk that may also need to be addressed. its rights as a customer under this agreement and to the broadest extent possible, including, in the case of that agreement, the protection afforded to licensees in accordance with Title 11 of the U.S. Code, in accordance with Section 365 (n) of the U.S. Code, or any similar provision of an applicable law. FAST accepts that the client adequately informs the filing of a voluntary petition on the filing of a voluntary petition and immediately announces the filing of an involuntary petition in accordance with the Bankruptcy Act. 9.1 FAST owns or holds all intellectual property rights to the software licensed and there is no threat of pending litigation or, to the knowledge of FAST, against FAST, which could have a significant impact on its ability to meet its obligations under this licensing agreement. and after this execution, the client becomes a party to the escrow contract that will be part of that agreement. If the trust agreement is terminated, the client and FAST will immediately enter into another trust agreement substantially similar to the trust agreement, in order to continue the benefits granted to the client under that agreement. With each release of the source code to the customer in accordance with the Escrow agreement, FAST reimburses the customer a portion of the maintenance and support costs paid in advance for the balance of the current maintenance and assistance period, which is incurred monthly.
The licensee is not liable for a infringement application based on (a) the use of a replaced or modified version of the software if a violation had been avoided using an updated or unchanged version of the software that the licensee made available to the licensee; or (b) the combination, operation or use of the software with software, hardware or other material not provided by the licensee. 9.2 FAST has the full power and right to license the software licensed and to execute all other terms of this license agreement, and the use of the software licensed or the exercise of the licenses granted does not infringe on the intellectual property or contractual rights of third parties, including, but not only, the rights arising from copyright, trademark trade secrecy or patent law. provided, however, that FAST is not liable for the breach of insurance and warranty in the event of a breach or disruption due to content provided by customers, end-users or other third parties.
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