Availability of the Software Sample Clauses

Availability of the Software. (1) The Provider draws the Licensee’s attention to the fact that restrictions or impairments which lie out- side the Provider’s sphere of influence may arise with regard to the services provided. This includes, in particular, actions by third parties not acting on behalf of the Provider, technical impairments of Internet availability which the Provider cannot influence, such as line outage, failure of the Internet, or force majeure. Insofar as the above circumstances influence the availability or functionality of the services provided by the Provider, this shall have no effect on the contractual conformity of the services provided.
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Availability of the Software. The Software will be made available to the Customer from the date of this Agreement. The Software will be made available by Pexip to the Customer through downloading from a website. Downloading and installation of the Software in the Customer’s IT system shall be done by the Customer or its Pexip Certified Partner in accordance with the guidelines set out in the administrative guide.
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Availability of the Software. 3.1 The average monthly availability of the Cloud Software owed by UMH is 99,5 percent.
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Availability of the Software. The Provider points out to the Customer service may be limited or impaired for reasons outside of the Provider’s control. This includes, in particular, actions of third parties who are not acting on behalf of the Provider, technical conditions that cannot be influenced by the Provider, such as technical conditions on the Internet, and instances of force majeure. The hardware, software and technical infrastructure used by the Customer can also affect the service provided by the Provider. Where circumstances of this nature affect the availability or functionality of the service provided by Provider, the provided service shall be in compliance with this Agreement. The Customer shall promptly notify the Provider, using the TicketManager, with as much detail as possible of functional failures, malfunctions or errors in the Software. Error reports are accepted 24/7. Error reports are processed during the normal business hours of the seller: Monday through Friday from 8:00 a.m. to 5:00 p.m. Telephone support in the event of software errors is provided during the above business hours.
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Availability of the Software. 16.1 XxxxxxxxxXxx.xx will endeavour to ensure that the Software is always available; however, XxxxxxxxxXxx.xx cannot give any assurance that the Software will be available at all times. The Software is provided “as is” and “as available”. You do not have any right to the Software and the functions offered being available at all times or to a specific availability being guaranteed by XxxxxxxxxXxx.xx. XxxxxxxxxXxx.xx is not obliged to ensure that the Software can be accessed at all times without any interruptions or faults and does not assume any liability for this.
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Availability of the Software. BestyBnB will use commercially reasonable efforts to make the core functions and features of the Software available for access by you via the Internet ninety-five (95%) of the time twenty-four (24) hours a day. You understand and agree that from time to time the Software may be inaccessible or in the event of periodic maintenance procedures or repairs that BestyBnB may undertake and of which BestyBnB will endeavor to notify you at least twenty-four (24) hours in advance by email or by posting via the Software or the BestyBnB website. BestyBnB will not be liable for failure to provide access to the Software due to any emergency maintenance, any catastrophic system failure at BestyBnB or any of its service providers, any failures of your equipment or systems, or due to other acts outside the control of BestyBnB (including, without limitation, any mechanical, electronic or communications failure, failures due to viruses or malicious attacks or for general slow speed of the Internet).
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Availability of the Software. 11.1 The Software will be available for use and access by Users 24 hours a day, 7 days a week, except a) for scheduled and noticed maintenance to take place at commercially reasonable times, and b) for violations of MZD’s acceptable use policy.
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Availability of the Software. 1. The Software is operational 24/7, with an average annual availability of 98%. The calculation of the annual average is based on the busi- ness days in the state of Saarland, Federal Republic of Germany.
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Availability of the Software. We make no guarantee that the Software will be available at all times. We reserve the right to suspend your access to the Software at any time without notice, and we reserve the right to terminate this Agreement at any time with or without notice to you. We make no guarantees that the Software will operate error free and to the fullest extent permitted we disclaim all liability arising from unavailability of the Software or any errors that arise in the functionality of the Software.
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Related to Availability of the Software

  • Availability of Services CBT agrees not to discontinue or refuse to provide any service provided or required hereunder other than in accordance with the terms of this Agreement, or unless required by the Commission.

  • Availability of Funds Unless Administrative Agent shall have been notified by any Lender prior to the applicable Credit Date that such Lender does not intend to make available to Administrative Agent the amount of such Lender’s Loan requested on such Credit Date, Administrative Agent may assume that such Lender has made such amount available to Administrative Agent on such Credit Date and Administrative Agent may, in its sole discretion, but shall not be obligated to, make available to Borrower a corresponding amount on such Credit Date. If such corresponding amount is not in fact made available to Administrative Agent by such Lender, Administrative Agent shall be entitled to recover such corresponding amount on demand from such Lender together with interest thereon, for each day from such Credit Date until the date such amount is paid to Administrative Agent, at the customary rate set by Administrative Agent for the correction of errors among banks for three Business Days and thereafter at the Base Rate. If such Lender does not pay such corresponding amount forthwith upon Administrative Agent’s demand therefor, Administrative Agent shall promptly notify Borrower and Borrower shall immediately pay such corresponding amount to Administrative Agent together with interest thereon, for each day from such Credit Date until the date such amount is paid to Administrative Agent, at the rate payable hereunder for Base Rate Loans for such Class of Loans. Nothing in this Section 2.5(b) shall be deemed to relieve any Lender from its obligation to fulfill its Term Loan Commitments and Revolving Commitments hereunder or to prejudice any rights that Borrower may have against any Lender as a result of any default by such Lender hereunder.

  • Availability of Records Consultant shall maintain the records supporting this billing for not less than three years following completion of the work under this Agreement. Consultant shall make these records available to authorized personnel of the Town at the Consultant's offices during business hours upon written request of the Town.

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