Copyrights

Copyrights


ON-PREMISE PRODUCT TERMS
These On-Premise Product Terms apply in relation to the installation and use of the On-Premise Products by Customer and are incorporated into and form part of the NXT Software License and Support Agreement (the “Agreement”) between Customer and NXT. Defined terms used in these On-Premise Product Terms and not defined herein shall have the meaning given to them in the Agreement.

1. USAGE RIGHTS

1.1 Subject to, and in consideration of, Customer’s payment of the Subscription Fees and Customer’s, its Listed Affiliates, and all Users’ continuing compliance with all terms of the Agreement, NXT grants to Customer, during the applicable Subscription Period specified in the Order Form, a non-exclusive, non-transferable, non-sublicensable and revocable license for Customer and its Listed Affiliates to use, solely for its internal business operations, by and through the Users, the On-Premises Products (in object code form only) made available to Customer (including any New Version provided to Customer) and the relevant Documentation within the territory specified in the Order Form. Without prejudice to any applicable rights and obligations set out in the Agreement, Customer’s use of any OSS Product is subject to the applicable Open Source License Terms.

1.2 Customer may make a reasonable number of copies of the On-Premise Products and Documentation solely for back-up and archival purposes.

2. DELIVERY, SUBSCRIPTION KEYS

2.1 Customer can Access the On-Premise Products at the following address: https://nxtplatform.io/ . or via such other medium as is notified by NXT to Customer from time to time. The On Premise Products shall be deemed delivered to Customer upon NXT making electronically available to Customer the subscription key. Customer understands and agrees that a subscription key provided by NXT is required to enable the On Premise Products and that the subscription key is valid only during the Subscription Term specified in the applicable Order Form. Customer further understands that the On Premise Products will, in the absence of any renewal of the Subscription Term, be disabled automatically upon the expiration of the applicable Subscription Term.

3. NEW VERSIONS

3.1 NXT releases two types of new versions for the On-Premise Products, with different periods of support for each type. Details of the supported versions offered by NXT and the current supported versions can be found at https://nxtplatform.io/ . Customer can download the latest versions and updates of the On-Premise Products at the following address: https://nxtplatform.io . or via such other medium as is notified by NXT to Customer from time to time.

4. MONITORING OF INSTANCES

4.1 Upon NXT’s reasonable request, Customer shall provide all information reasonably required by NXT to verify the number of instances of the On-Premise Products Accessed or operated by Customer, whether or not they are covered by the Support Services, in order to identify any discrepancies.

4.2 Customer undertakes to provide all necessary assistance to NXT, in good faith, to answer those questions. If Customer is unable to provide NXT with the results of this audit within a maximum of thirty (30) days from NXT’s request, or in the event of an obvious anomaly, NXT or any other person acting under its instructions may visit Customer’s applicable premises, under Customer’s supervision, to carry out an audit with Customer’s assistance. The Parties agree to decide jointly the date of that visit, which may not occur within less than seven (7) working days.

4.3 Insofar as the audit reveals that the number of instances operated by Customer is higher than the number specified in the Agreement, Customer undertakes to: (a) bear the costs of the audit; (b) rectify the situation by ordering from NXT the number of missing instances in the event that Customer wishes to continue to benefit from the number of instances identified during the audit; and (c) pay the price for the elapsed period since the last audit or last verifications. Waiver of this audit right by NXT shall not imply future waiver of audit operations and rectification.