ADDITIONAL CUSTOMER RESPONSIBILITIES. 7.1 Unless otherwise specified in this Agreement or in a separate writing signed by both Customer and NCR Voyix, Customer shall be solely responsible for the following: (a) selection of the Products to achieve Customer's intended results; (b) evaluation of the Products relating to Customer's specific business requirements and technical environment; (c) the results obtained from use and operation of the Products; (d) providing and maintaining the appropriate operating environment for the Software, including related security and access controls, and maintaining back-up and disaster recovery procedures, facilities and equipment (if applicable); (e) adherence to any applicable electronic payment processing standards or requirements related to Customer’s operations; (f) all data entry and loading; (g) installing Upgrades provided by NCR Voyix and securely deleting previously stored information or data; (h) the content of all Customer information or data, the selection and implementation of controls on the access and use of such information or data, and the protection and back-up of the stored information or data; (i) the configuration of all required data parameters associated with use of the Software, and its operating environment, including security-related parameters; (j) compliance with all applicable city, state, and federal laws, rules or regulations affecting or governing Customer’s use of the Products or Customer information or data configuration parameters in the Software; (k) compliance with all rules, bylaws, programs, and regulations of the payment card networks in connection with Customer’s use of the Products, as applicable; and (l) providing adequate training on the use and operation of the Products to Customer’s employees and maintaining adequate supervision of such employees. Customer is solely responsible for reviewing any default or automated settings and configuring applicable settings to meet all legal, regulatory and other requirements applicable to Customer’s business. NCR Voyix shall have no liability in connection with such settings or configurations. Customer acknowledges that NCR Voyix does not provide legal, tax or accounting advice. 7.2 Customer will not use the Products to upload, post, or otherwise transmit any data: (a) that is deceptive, misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; (b) that is harmful to minors in any way; (c) that infringes, misappropriates, or misuses any patent, copyright, trademark, trade secret rights, copyright, or other rights with respect to confidential or proprietary information of any person or entity; (d) that constitutes unsolicited or unauthorized advertising or promotional materials, including but not limited to “junk mail,” “spam,” “chain letters,” and “pyramid schemes”; (e) that contains personal information relating to an identified or identifiable natural person or any other sensitive data that is protected under privacy laws; or (f) that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer hardware or software or telecommunications equipment. 7.3 Customer is responsible for all data, information, materials and instructions (“Customer Instructions”) provided to NCR Voyix by Customer or on Customer’s behalf. NCR Voyix is entitled to rely upon Customer Instructions. In no event will NCR Voyix be liable with respect to any loss, liability, cost, damage, or expense arising out of a claim by Customer or any third party to the extent that claim arises as a result of NCR Voyix’s compliance with Customer Instructions.
Appears in 30 contracts
Samples: Master Hospitality Subscription Program Agreement, Master Hospitality Subscription Program Agreement, Master Hospitality Subscription Program Agreement
ADDITIONAL CUSTOMER RESPONSIBILITIES. 7.1 Unless otherwise specified in this Agreement or in a separate writing signed by both Customer and NCR Voyix, Customer shall be solely responsible for the following: (a) selection of the Products to achieve Customer's intended results; (b) evaluation of the Products relating to Customer's specific business requirements and technical environment; (c) the results obtained from use and operation of the Products; (d) providing and maintaining the appropriate operating environment for the Software, including related security and access controls, and maintaining back-up and disaster recovery procedures, facilities and equipment (if applicable); (e) adherence to any applicable electronic payment processing standards or requirements related to Customer’s operations; (foperf) atio all data entry and loading; (g) installing Upgrades provided by NCR Voyix and securely deleting previously stored information or data; (h) the content of all Customer information or data, the selection and implementation of controls on the access and use of such information or data, and the protection and back-up of the stored information or data; (i) the configuration of all required data parameters associated with use of the Software, and its operating environment, including security-related parameters; (j) compliance with all applicable city, state, and federal laws, rules or regulations affecting or governing Customer’s use of the Products Pinrfoormdatuioncotr sdata or Customer information or data C configuration parameters in the Software; (k) compliance with all rules, bylaws, programs, and regulations of the payment card networks in connection with Customer’s use of the ProductsCustomuseeorf ’thesProducts, as applicable; and (l) providing adequate training on the use and operation of the Products to Customer’s employees and maintaining adequate mai supervision of such employees. Customer is solely responsible for reviewing any default or automated settings and configuring applicable settings to meet all legal, regulatory and other requirements applicable to Customer’s ’ business. NCR Voyix shall have no liability in connection with such settings or configurations. Customer acknowledges that NCR Voyix does not provide legal, tax or accounting advice.
7.2 Customer will not use the Products to upload, post, or otherwise transmit any data: (a) that is deceptive, misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionableherpwirseiovbjeacticonyab,le; (bbh) that is tahatt ies ful, harmful to minors in any way; (c) that infringes, misappropriates, or misuses any patent, copyright, trademark, trade secret rights, copyright, or other rights with respect to confidential or proprietary information of any person or entity; (d) that constitutes unsolicited or unauthorized advertising or promotional materials, including but not limited to “junk mail,” “spam,” “chain letters,” and “pyramid schemes”; (e) that contains personal information relating to an identified or identifiable natural person or any other sensitive data that is protected under privacy laws; or (f) that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer hardware or software or telecommunications equipment.
7.3 Customer is responsible for all data, information, materials and instructions (“Customer dCautstoam,er Instructions”) provided to NCR Voyix by Customer or on Customer’s behalf. NCR Voyix is entitled to rely upon Custisoenmtiteledrto roelyrupoon Customer Instructions. In no event will NCR Voyix be liable with respect to any loss, liability, cost, damage, or expense arising out of a claim by Customer or any third party to the extent that claim arises as a result of NCR Voyix’s compliance with Customer InstructionscwoithmCpustlomieraInnstrcucetions.
Appears in 13 contracts
Samples: Master Hospitality Subscription Program Agreement, Master Hospitality Subscription Program Agreement, Master Hospitality Subscription Program Agreement
ADDITIONAL CUSTOMER RESPONSIBILITIES. 7.1 Unless otherwise specified in this Agreement or in a separate writing signed by both Customer and NCR Voyix, Customer shall be solely responsible for the following: (a) selection of the Products to achieve Customer's intended results; (b) evaluation of the Products relating to Customer's specific business requirements and technical environment; (c) the results obtained from use and operation of the Products; (d) providing and maintaining the appropriate operating environment for the Software, including related security and access controls, and maintaining back-up and disaster recovery procedures, facilities and equipment (if applicable); (e) adherence to any applicable electronic payment processing standards or requirements related to Customer’s operations; (fCustomer¶V RSHUf) DWLR all data entry and loading; (g) installing Upgrades provided by NCR Voyix and securely deleting previously stored information or data; (h) the content of all Customer information or data, the selection and implementation of controls on the access and use of such information or data, and the protection and back-up of the stored information or data; (i) the configuration of all required data parameters associated with use of the Software, and its operating environment, including security-related parameters; (j) compliance with all applicable city, state, and federal laws, rules or regulations affecting or governing Customer’s use of the Products or Customer information or data Customer¶V XVH RI WKH 3inUfoRrmGatXionFoWr Vdat a RU & configuration parameters in the Software; (k) compliance with all rules, bylaws, programs, and regulations of the payment card networks in connection with Customer’s use of the Products&XVWRPuseHoUf ¶theVProducts, as applicable; and (l) providing adequate training on the use and operation of the Products to Customer’s employees and maintaining adequate Customer¶V HPSOR\HHV DQG PDL supervision of such employees. Customer is solely responsible for reviewing any default or automated settings and configuring applicable settings to meet all legal, regulatory and other requirements applicable to Customer’s CXVWRPHU¶ business. NCR Voyix shall have no liability in connection with such settings or configurations. Customer acknowledges that NCR Voyix does not provide legal, tax or accounting advice.
7.2 Customer will not use the Products to upload, post, or otherwise transmit any data: (a) that is deceptive, misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionableOLEHORXV LQYDVLYH RI DQRWKHU¶V herSwiUseLoYbjeDctiFon\ab le; (bbK) that is tDhaWt iHs IXO harmful to minors in any way; (c) that infringes, misappropriates, or misuses any patent, copyright, trademark, trade secret rights, copyright, or other rights with respect to confidential or proprietary information of any person or entity; (d) that constitutes unsolicited or unauthorized advertising or promotional materials, including but not limited to “junk mail,” “spam,” “chain letters,” and “pyramid schemes”; (e) that contains personal information OLPLWHG WR ³MXQN PDLO ´ ³VSDP ´ ³FKDLQ OHWWHUV ´ relating to an identified or identifiable natural person or any other sensitive data that is protected under privacy laws; or (f) that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer hardware or software or telecommunications equipment.
7.3 Customer is responsible for all data, information, materials and instructions (“Customer Instructions”) provided to NCR Voyix by Customer or on Customer’s behalf. NCR Voyix is entitled to rely upon Customer Instructions. In no event will NCR Voyix be liable with respect to any loss, liability, cost, damage, or expense arising out of a claim by Customer or any third party to the extent that claim arises as a result of NCR Voyix’s compliance with Customer Instructions.XVWRPHU LV UHVSRQVLEOH IRU DOO GCDuWstoDm er LQI
Appears in 6 contracts
Samples: Master Hospitality Subscription Program Agreement, Master Hospitality Subscription Program Agreement, Master Hospitality Subscription Program Agreement