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. (2) Software availability shall be 98% per year, excluding the time required to install updates, upgrades and perform maintenance. As a rule, the above work shall not exceed 30 minutes per interruption.
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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.
Sample 1
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).
Sample 1
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.
Sample 1
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. 2. License conditions 3. Information collection and usage 4. Third-party content, products and services 5. In-app purchases A. In-game Virtual Currency and Virtual Items
Sample 1
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. 11.2 Credits for unavailability of the Software will not be given except as set forth in the SOW.
Sample 1
Availability of the Software. 3.1 The average monthly availability of the Cloud Software owed by UMH is 99,5 percent. 3.2 The actual availability by time achieved shall for each month be calculated on the basis of the time period attributable to the service level as set forth in Clause 3.1. 3.3 When calculating the actual availability of the Cloud Software, downtimes are not attributable to UMH shall be regarded as available times. These downtimes are: a) Maintenance or other services agreed with Customer which do not allow access to the Software; b) Unforeseen maintenance work that becomes necessary if this work was not caused by a breach of UMH’s obligations to provide the services including but not limited to force majeure, in particular unforeseeable hardware failures, strikes, natural disasters, etc.); c) Downtimes due to malicious third party attacks, insofar UMH has taken all reasonable agreed or, in the absence of such agreement, customary protective measures; d) Downtimes due to Customer specifications, non-availability or non-conformity of Customer equipment or other interruptions caused by Customer; e) Extended downtime caused by Customer by failure to cooperate as set forth in the Agreement; f) Downtimes for necessary security Patches by UMH; g) Downtime due to errors in Customer systems, software or hardware or Data.
Sample 1
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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. 16.2 It may be that the Software is not available in the following cases, for example: o 16.2.1 If the defect or fault in the Software provided via the website results from you having amended or modified the Software or in any way used the Software outside the scope of its normal and intended access and its intended usage; o 16.2.2 If the defect or fault in the Software results from an issue with your device, o 16.2.3 In case of technical malfunctions.
Sample 1
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. 2. When calculating availability, downtimes for which we are not respon- sible shall be considered to be available times. Downtimes not at- tributable to us include, but are not limited to: a) Downtimes due to scheduled or unscheduled maintenance work as defined in section V.; b) Downtimes due to maintenance work agreed with the customer; c) Downtimes due to operational disruptions caused by a force majeure event or other unavoidable events beyond our control which were unforeseeable even when exercising due care and which could not be averted with reasonable effort, which make our obligations under clause IV.1. significantly more difficult or impos- sible, whether in whole or in part, such as strikes, lockouts, excep- tional weather conditions, power outages, operational or traffic dis- ruptions and transport obstructions and which release us from our obligations under clause IV.1. for the duration of such an event. d) Downtimes due to virus or hacker attacks, unless they result from our failure to take the agreed protective measures, or in the ab- sence of an agreement, failure to take customary, standard pro- tective measures; e) Downtimes due to disruptions caused by the customer; f) Downtimes due to software bugs in other software or due to faults triggered by other software; g) Downtimes due to interruptions in or lacking bandwidth of the data link between the Software and the data points and/or Edge devic- es; h) Downtimes caused by third parties. 3. The customer shall report to us any impaired availability of the Soft- ware (cf. clause XI.1.). 4. All availability figures are in reference to the quality to be provided by us with regard to the Software offered to the customer for use at the Provisioning Point. Any degradation in data transmission from this Provisioning Point to the customer and/or in the customer’s own IT system is not covered by this availability.
Sample 1

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 Information To make DHCS PI and PII available to the DHCS and/or 15 COUNTY for purposes of oversight, inspection, amendment, and response to requests for records, 16 injunctions, judgments, and orders for production of DHCS PI and PII. If CONTRACTOR receives 17 DHCS PII, upon request by COUNTY and/or DHCS, CONTRACTOR shall provide COUNTY and/or 18 DHCS with a list of all employees, contractors and agents who have access to DHCS PII, including 19 employees, contractors and agents of its subcontractors and agents.

  • Availability of Utilities All utility services necessary for the construction of the Improvements will be available prior to the commencement of construction, and all utility services necessary for the proper operation of the Improvements for their intended purposes are available at the Leased Premises or will be available at the Leased Premises prior to the Final Disbursement Date, at commercially comparable utility rates and hook-up charges for the vicinity, including water supply, storm and sanitary sewer facilities, gas, electricity and telephone facilities. Lessee shall furnish evidence of such availability of utilities from time to time at Lessor's request.

  • Availability of Documents Seller has made available to Buyer copies of all material documents, including without limitation all agreements, contracts, commitments, insurance policies, leases, plans, instruments, undertakings, authorizations, permits, licenses, Intellectual Property listed in the Schedules hereto or referred to herein. Such copies are true, correct and complete in all material respects and include all amendments, supplements and modifications thereto or waivers currently in effect thereunder.

  • Availability of Funds The County may terminate this Agreement or a portion of the services referenced in the Attachments and Exhibits based upon unavailability of Federal, State, or County funds, by providing written notice to Contractor as soon as is reasonably possible after the County learns of said unavailability of outside funding.

  • AVAILABILITY OF AGREEMENT The employer must ensure that copies of this Agreement and the NES are available to all employees to whom they apply, such as on a notice board which is conveniently located at or near the workplace or through electronic means, whichever makes them more accessible.

  • Availability of Service We will use reasonable efforts to make the Service available for your use on a continuous basis. The Service may be unavailable for short periods of time for regular or emergency system maintenance. We will endeavor to have our scheduled maintenance occur during non-peak hours. In addition, accessibility to the Service may be interrupted because of conditions beyond our control, including outages in Internet, cellular or other communications availability. We will use diligent efforts to re-establish the Services as promptly as possible. We do not promise the Service will always be available for your use. We may elect to discontinue this Service at any time. If we choose to discontinue the Service, we will provide you with reasonable notice in advance of that fact. We reserve the right at all times to take actions to protect our systems and information, including denial of access to users of the Service.

  • 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.

  • Unavailability of Tenor of Benchmark Notwithstanding anything to the contrary herein or in any other Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (i) if the then-current Benchmark is a term rate (including the Term SOFR Reference Rate) and either (A) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (B) the regulatory supervisor for the administrator of such Xxxxxxxxx has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representative, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definition) for any Benchmark settings at or after such time to remove such unavailable or non-representative tenor and (ii) if a tenor that was removed pursuant to clause (i) above either (A) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (B) is not, or is no longer, subject to an announcement that it is not or will not be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definition) for all Benchmark settings at or after such time to reinstate such previously removed tenor.

  • Product Availability Under no circumstances shall Company be responsible to Representative or anyone else for its failure to fill accepted orders, or for its delay in filling accepted orders, when such failure or delay is due to strike, accident, labor trouble, acts of nature, freight embargo, war, civil disturbance, vendor problems or any cause beyond Company's reasonable control.

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