![]() Such Software and Services will be more fully described in Order(s) as the parties may agree.ģ.1 Subject to the terms and conditions of this Agreement and each Order, WaveMaker grants to Company a limited, non-exclusive, worldwide, royalty free, non-transferable license and right, during the License Term of each Order, to: (a) install, use and allow use of the Software by Company and its Affiliates and their respective employees, agents and independent contractors for any purpose consistent with Section 3.2 in the operation of the business of Company and its Affiliates including the provision of Company services directly to its customers, clients, employees and business partners (b) make and/or cause to be made by Company and its Affiliates and their respective employees, agents and independent contractors, a sufficient number of copies of the Software to enable Company’s use of the Software as permitted in this Agreement and the relevant Order (c) copy and use the Software, on an unlimited basis, in Company and its Affiliates' non-production environments for the purpose of development, testing, backup, disaster recovery, high availability, clustering and archival (d) use the Software on any or all current and future operating systems and any or all current and future hardware platforms on which the Software is capable of running, regardless of hardware or operating system (e) transfer the Software to other systems, hardware platforms or locations owned or controlled by Company or an Affiliate within any of Company's global computing environments without charge and (f) transfer seat licenses among employees, agents and independent contractors of Company and its Affiliates. This Agreement sets forth the terms and conditions that will govern WaveMaker's provision of Software and Services to Company and its Affiliates. "Support Services" shall mean the maintenance and support services for the Software to be provided by WaveMaker under this Agreement as described in the applicable Order. "Support Period" shall mean the period of time during which Company subscribes for and WaveMaker provides Support Services under this Agreement. "Software" shall mean the software, in object code or source code form, and any related documentation provided by WaveMaker under each Order, and all updates, upgrades, enhancements, new versions and new releases of the foregoing. "Services" shall mean the Support Services and any other services to be performed and provided by WaveMaker under this Agreement or an Order. "Order" shall mean an order form, subscription order, or product or service schedule (including but not limited to any exhibit hereto) executed in writing by the parties, or provided by WaveMaker and accepted electronically by a Affiliate, that sets forth the particular Software, tasks, milestones and other Services to be provided by WaveMaker hereunder, and pricing therefor, as such orders may be amended by the parties from time to time. "Open Source Software" shall mean all software licensed to WaveMaker, or by WaveMaker, to or by third parties, under licenses similar to those approved by the Open Source Initiative and listed at, including without limitation the GNU General Public License, the GNU Lesser Public License, the Artistic License,the Berkeley Science Division (BSD) License, and the Apache License. "License Term" shall mean the duration of the license to the Software granted pursuant to each Order. "Intellectual Property Rights" shall mean the worldwide intangible rights or interests evidenced by or embodied in: (a) any idea, design, concept, method, process, technique, apparatus, invention, discovery, or improvement, including any patents, patent applications, trade secrets, and know-how (b) any work of authorship, including any copyrights, industrial designs, registration or moral rights recognized by law (c) any trademarks, trade names, trade dress and associated goodwill or (d) any other proprietary technology or material in which similar rights exist. No component of the Software or derivative work thereof shall be considered a "Company Application". "Company Application" means any application, product, software or program owned or controlled by Company and its Affiliates, and all enhancements and For the purpose of the foregoing, an ownership interest of fifty percent (50%) or more of an entity shall be deemed to represent control of such entity. "Affiliate" shall mean any person or entity directly or indirectly controlling, controlled by or under common control with company as of or after the Effective Date, for so long as such relationship is in effect (including Affiliates subsequently established by acquisition, merger or otherwise). ![]()
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