BOUNDARIES AND EXCLUSIONS Sample Clauses

BOUNDARIES AND EXCLUSIONS. Notwithstanding any contrary provision herein, Monkey shall have no service, support or other obligations for: (a) technical support or problem resolution pertaining to software applications other than the Monkey Software supplied by Monkey as part of the Monkey Software and Support and Maintenance Services; (b) resolution of problems resulting from the misuse of the Monkey Software or incorrect data entry; and (c) any failures that cannot be corrected due principally to Customer’s failure to respond or cooperate with Monkey customer service efforts.
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BOUNDARIES AND EXCLUSIONS. The SaaS Services Uptime Metric shall not apply to performance issues caused by the following: i. Overall Internet congestion, slowdown, or unavailability
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BOUNDARIES AND EXCLUSIONS. The Services Uptime Metric will not apply to performance issues caused by the following: (a) Overall Internet congestion, slowdown, or unavailability; (b) Unavailability of generic Internet services due to virus or hacker attacks; (c) Events or circumstances that are outside the reasonable control of the Parties including acts of God, fire, explosion, typhoon, storm, earthquake or other similar occurrence, orders of acts of military or civil authority, or national emergencies, insurrections, riots, wars, strikes, or other force majeure events; (d) Actions or inactions of the Customer or third parties beyond the control of the Supplier; (e) A result of the Customer equipment or third-party computer hardware, software, or network infrastructure not within the sole control of the Supplier; or (f) Scheduled SaaS infrastructure maintenance.
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BOUNDARIES AND EXCLUSIONS. 2.1. The SaaS Services Uptime Metric shall not apply to performance issues caused by the following: i. Overall Internet congestion, slowdown, or unavailability ii. Unavailability of generic Internet services (e.g. DNS servers) due to virus or hacker attacks iii. Force majeure events as described in the terms of the license agreement
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BOUNDARIES AND EXCLUSIONS. The Compensation Lands, the administration and control of which is to be transferred by Manitoba to Canada and which are to be set apart by Canada as Reserve Lands for Xxxxxx House, are those provincial Crown lands within the boundaries described in Schedule 3.1, excluding those lands required for public purposes as described in Schedule 3.3.
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BOUNDARIES AND EXCLUSIONS. The Compensation Lands, the administration and control of which is to be transferred by Manitoba to Canada and which are to be set apart by Canadaas Reserve Lands for Norway House Cree Nation, are: a. those provincial Crown lands described in Schedule 3.1, excluding: i. those lands required for public purposes as described in Schedule 3.3, ii. the future transmission right-of-way at Xxxxx Lake as referenced in Article 3.3.1,
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BOUNDARIES AND EXCLUSIONS. The SaaS Services Uptime Metric (availability) shall not apply to performance issues caused by the following: 1. Overall Internet congestion, slowdown, or unavailability 2. Unavailability of generic Internet services (e.g. DNS servers) due to virus or hacker attacks and that Smartx has implemented industry standard safeguards 3. Force Majeure event 4. Actions or inactions of Customer (unless undertaken at the expressed directive of Smartx) or third parties beyond the control of Smartx 5. A result of Customer equipment including mobile phones or third-party computer hardware, software, or network infrastructure not within the sole control of Smartx 6. Scheduled maintenance time 7. Bug fix packed releases less than 10 minutes of downtime 8. Anything outside the control of Smartx In addition to scheduled maintenance, upgrades, patches and redundancy testing, Smartx Technology may require additional downtime. The downtime will be scheduled in advance and Customer will be notified via email at least forty-eight (48) hours in advance (or longer if practical). The Customer understands and agrees that there may be instances where Smartx Systems needs to interrupt the services without notice in order to protect the integrity of the services due to security issues, virus attacks, spam issues or other unforeseen circumstances
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BOUNDARIES AND EXCLUSIONS. The SaaS Services Uptime Metric shall not apply to performance issues caused by the following: 1. Overall Internet congestion, slowdown, or unavailability; 2. Unavailability of generic Internet services (e.g. DNS servers) due to virus or hacker attacks;3. Force majeure events as described in the terms of agreement; 3. Actions or inactions of USer and/or Customer (unless undertaken at the express direction of PressPage) or third 4. parties beyond the control of PressPage; 5. A result of User and/or Customer equipment or third party computer hardware, software, or network infrastructure not within the sole control of PressPage; 6. Scheduled SaaS infrastructure maintenance.
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Related to BOUNDARIES AND EXCLUSIONS

  • Limitations and Exclusions The limitation and exclusion in this Section 8 shall not apply: (i) to the extent that liability cannot be limited or excluded according to the Applicable Law; (ii) in cases of our willful misconduct and gross negligence; (iii) in cases of bodily injuries or death caused by our negligence; and (iv) in cases of our fraud or fraudulent misrepresentation.

  • Geographic Area and Sector Specific Allowances, Conditions and Exceptions The following allowances and conditions shall apply where relevant. Where the Employer does work which falls under the following headings, the Employer agrees to pay and observe the relevant respective conditions and/or exceptions set out below in each case.

  • Limitations and exclusions of liability NONE OF THE TMLS AFFILIATES SHALL BE LIABLE TO SUBSCRIBER OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE TMLS SERVICE, INCLUDING RELIANCE BY SUBSCRIBER ON ANY INFORMATION OBTAINED THROUGH USE OF THE TMLS SERVICE; MISTAKES, OMISSIONS, DELETIONS OR DELAYS IN TRANSMISSION OF SUCH INFORMATION; INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE TMLS SERVICE; AND VIRUSES OR FAILURES OF PERFORMANCE; WHETHER CAUSED IN WHOLE OR PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OF, DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE TMLS SERVICE AND RELATED INFORMATION, RECORDS AND PROGRAMS.

  • LIMITATION AND EXCLUSION OF LIABILITY 1. 6. 1. Traction Software Limited does not exclude its liability (if any) to you: 1. 6. 1. 1. for personal injury or death resulting from Traction Software Limited’s negligence; 2. 6. 1. 2. for any matter for which it would be illegal for Traction Software Limited to exclude or to attempt to exclude its liability; or 3. 6. 1. 3. for fraud. 2. 6. 2. Traction Software Limited makes no express warranties with respect to the Software and Traction Software Limited hereby excludes (to the fullest extent permissible in law), all conditions, warranties (including without limitation any warranty that the Software will meet your requirements or that its operation will be uninterrupted or error free) and stipulations, express (other than those set out in this License) or implied, statutory, customary or otherwise which, but for such exclusion, would or might subsist in favour of you. Except as set out in this License you assume the entire risk as to the quality and performance of the Software. 3. 6. 3. Subject to clause 6. 1 Traction Software Limited will be under no liability to you whatsoever (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, loss of data, loss of savings, depletion of goodwill and like loss) howsoever caused arising out of or in connection with: 1. 6. 3. 1. the Software, or the manufacture or sale or supply, or failure or delay in supply, of the Software by Traction Software Limited or on the part of Traction Software Limited’s employees, agents or sub-contractors; 2. 6. 3. 2. any breach by Traction Software Limited of any of the express or implied terms of this License; 3. 6. 3. 3. any use made of the Software; or 4. 6. 3. 4. any statement made or not made, or advice given or not given, by or on behalf of Traction Software Limited. 4. 6. 4. Subject to clause 6. 1 and without prejudice to clauses 6. 2 and 6. 3 , Traction Software Limited’s aggregate liability under this License(whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct or consequential loss (all three of which terms include without limitation of profits, loss of business, depletion of goodwill and like loss) howsoever caused (other than for death or personal injury caused by Traction Software Limited’s negligence) will be limited to the higher of the price paid by you to use the Software or USD $1 00. 5. 6. 5. You acknowledge that the above provisions of this clause 6 are reasonable given the charges made (if any) for the Software and you will accept such risk and/or insure accordingly. 6. 6. 6. Any rights that you have as a consumer are not affected by this clause 6.

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