Changes in Functionality. During the term of this Agreement, Vendor shall not reduce or eliminate functionality in the Services. Where Vendor has reduced or eliminated functionality in the Services, County, at County's sole election and in County's sole determination, shall: (a) have, in addition to any other rights and remedies under this Agreement or at law, the right to immediately terminate this Agreement or the Exhibit A, without penalty, and be entitled to a return of any prepaid fees; or, (b) determine the value of the reduced or eliminated functionality and Vendor will immediately adjust the Services Fees accordingly on a prospective basis. Where Vendor has introduced like functionality in other services, County shall have an additional license and subscription right to use and access the new services, at no additional charge, with the same rights, obligations, and limitations as for the Services. Where Vendor increases functionality in the Services, such functionality shall be provided to County without any increase in the Services Fees. No Effect of Click-Through Terms and Conditions. Where an Authorized User is required to "click through" or otherwise accept or made subject to any online terms and conditions in accessing or using the Services, such terms and conditions are not binding and shall have no force or effect as to the Services, this Agreement, or the applicable Exhibit A.
Appears in 4 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
