Claims Related to Software or Service Deliverables Sample Clauses

Claims Related to Software or Service Deliverables. Subject to Section 6(b) and Section 6(e), Licensor will, at its expense and under its control (including selection of counsel), defend and/or settle any claim, suit or proceeding brought by a third party (each, a “Claim”) against Customer, its Affiliates, or their respective officers, directors, employees and agents alleging that the Software (excluding Third Party Software), Subscription Services, Documentation or any Service Deliverable, as provided by Licensor, infringes any U.S., E.U., U.K. or Canadian copyright, trademark, trade secret or patent, as applicable, issued as of the Effective Date of the Order Form. In addition, Licensor will pay any final judgment awarded against Customer for such Claim or any settlement amount agreed to by Licensor.
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Claims Related to Software or Service Deliverables. Provided that Customer complies with the procedures set forth in Section 8(e) and subject to Section 8(b), OPIE will, at its expense and under its control (including selection of counsel), defend and/or settle any claim, suit or proceeding brought by a third party against Customer or Customer’s officers, directors, employees, agents and affiliates alleging that the Software, or any Service Deliverable, as provided by OPIE, infringes any copyright, trademark, trade secret or U.S. patent issued as of the Effective Date (“Claim”). In addition, OPIE will pay any judgment awarded against Customer for such Claim or any settlement amount agreed to by OPIE and, subject to Section 8(e), any authorized and documented expenses incurred by Customer.
Claims Related to Software or Service Deliverables. Subject to Section 6(b) and Section 6(e), Licensor will, at its expense and under its control (including selection of counsel), defend and/or settle any claim, suit or proceeding brought by a third party (each, a “Claim”) against Customer, its Affiliates, or their respective officers, directors, employees and agents alleging that the Software (excluding Third Party Software), Subscription Services, Documentation or any Service Deliverable, as provided by Licensor, infringes any U.S., E.U., U.K. or Canadian copyright, trademark, trade secret or patent, as applicable, issued as of the Effective Date of the Order Form. In addition, Licensor will pay any final judgment awarded against Customer for such Claim or any settlement amount agreed to by Licensor. a. Ersättningsanspråk relaterade till Programvara eller Leverabler. Under förutsättning att Kunden följer de procedurer som anges i Sektion 6(b) och med förbehåll för Sektion 6(e) kommer Licensgivaren, på egen bekostnad och under egen kontroll (inklusive val av juridiskt ombud) att försvara och/eller ingå förlikning avseende anspråk, stämning eller rättegångsförfarande som framställs eller inleds av tredje part (vart och ett, ett “Krav”) mot Kunden, dess Närstående Bolag eller dess respektive tjänstemän, chefer, anställda eller agenter, där det hävdas att Programvaran (exklusive Tredjepartsprogramvara), Prenumerationstjänster, Dokumentation eller någon Leverabel, såsom de tillhandahållits av Licensgivaren, gör intrång i tillämplig upphovsrätt, varumärke, affärshemlighet eller patent, som gäller i USA, EU eller Kanada och som gäller vid Ikraftträdandedatum av Orderformuläret. Dessutom kommer Licensgivaren att ersätta Kunden med det belopp som denne genom slutgiltig dom är skyldig att utge i anledning av sådant Krav eller sådant förlikningsbelopp som Licensgivaren accepterat. b.

Related to Claims Related to Software or Service Deliverables

  • SERVICE DELIVERABLES You will receive service on the Covered Product as described below: Carry-In: Unless otherwise provided in this Agreement, the Covered Product must be shipped or delivered and retrieved by You at Our authorized service center during normal business hours. In-Home/On-Site: Service will be performed in Your home or on-site as indicated on the Declarations Page of this Agreement, or on Your sales receipt or invoice provided You have fulfilled the following requirements: (1) provide Our authorized technician with accessibility to the Covered Product; (2) provide a non-threatening and safe environment for Our authorized technician; and (3) an adult over the age of 18 must be present for the period of time Our authorized technician is scheduled to provide service and while Our authorized technician is on Your property servicing the Covered Product. In-Home Service will be provided by Our authorized service provider during regular business hours, local time, Monday through Friday, except holidays. Our authorized service center may opt to remove the Covered Product to perform service in-shop. The Covered Product will be returned upon completion. Additional time and mileage charges for in-home repairs outside of twenty-five (25) contiguous land miles or the normal service radius of Our authorized service center are not covered by this Agreement, and are Your responsibility.

  • SERVICE MONITORING, ANALYSES AND ORACLE SOFTWARE 11.1 We continuously monitor the Services to facilitate Oracle’s operation of the Services; to help resolve Your service requests; to detect and address threats to the functionality, security, integrity, and availability of the Services as well as any content, data, or applications in the Services; and to detect and address illegal acts or violations of the Acceptable Use Policy. Oracle monitoring tools do not collect or store any of Your Content residing in the Services, except as needed for such purposes. Oracle does not monitor, and does not address issues with, non-Oracle software provided by You or any of Your Users that is stored in, or run on or through, the Services. Information collected by Oracle monitoring tools (excluding Your Content) may also be used to assist in managing Oracle’s product and service portfolio, to help Oracle address deficiencies in its product and service offerings, and for license management purposes.

  • CONTRACTOR TO PACKAGE DELIVERABLES The Contractor will package deliverables in accordance with good commercial practice and shall include a packing list showing the description of each item, the quantity and unit price unless otherwise provided in the Specifications or Supplemental Terms and Conditions, each shipping container shall be clearly and permanently marked as follows: (a) The Contractor's name and address, (b) the City’s name, address and purchase order or purchase release number and the price agreement number if applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the number of the container bearing the packing list. The Contractor shall bear cost of packaging. Deliverables shall be suitably packed to secure lowest transportation costs and to conform to all the requirements of common carriers and any applicable specification. The City's count or weight shall be final and conclusive on shipments not accompanied by packing lists.

  • Third Party Software 1. The Software may contain third party software that requires and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions are located at xxxx://xxx.xxxxxxxxx.xxx/thirdparty/index.html and are made a part of and incorporated by reference into this XXXX. By accepting this XXXX, You are also accepting the additional terms and conditions, if any, set forth therein.

  • SERVICES & DELIVERABLES Seller agrees to perform the services ("Services") and/or provide the goods ("Goods", which term shall include goods provided as part of any Services), described in any PO, in accordance with the applicable PO and with this Agreement. Acceptance of a PO and this Agreement shall occur (i) within five (5) days of receipt by the Seller; or, (ii) upon shipment of Goods; or, (iii) upon commencement of a Service, (whichever is the earlier). Seller shall be bound by the provisions of this Agreement, including all provisions set forth on the face of any applicable PO, whether Seller acknowledges or otherwise signs this Agreement or the PO, unless Seller objects to such terms in writing within five (5) days of receiving the Agreement and/or the PO, prior to shipping Goods or prior to commencing Services. This writing does not constitute a firm offer and may be revoked at any time prior to acceptance. This Agreement may not be added to, modified, superseded, or otherwise altered, except by a writing signed by an authorized Apple representative and specifically stated to be an amendment of this Agreement. Any terms or conditions contained in any acknowledgment, invoice, or other communication of Seller which are inconsistent with the terms and conditions of this Agreement, are hereby rejected. To the extent that this Agreement might be treated as an acceptance of Seller's prior offer, such acceptance is expressly made on condition of assent by Seller to the terms hereof and shipment of the Goods or beginning performance of any Services by Seller shall constitute such acceptance. Apple hereby reserves the right to reschedule any delivery or cancel any PO issued at any time prior to shipment of the Goods or prior to commencement of any Services. Apple shall not be subject to any charges or other fees as a result of such cancellation.

  • Deliverables Upon satisfactory completion of the work authorization, the Engineer shall submit the deliverables as specified in the executed work authorization to the State for review and acceptance.

  • Third Party Software/Open Source Nothing in this Agreement shall restrict, limit or otherwise affect any rights or obligations You may have, or conditions to which You may be subject, under any applicable open source licenses to any open source code contained in the Software. The Software may include or be bundled with other software programs licensed under different terms and/or licensed by a licensor other than Licensor. Use of any software programs accompanied by a separate license agreement is governed by that separate license agreement. Any third party software that may be provided with the Software is included for use at Your option.

  • Detailed Description of Services / Statement of Work Describe fully the services that Contractor will provide, or add and attach Exhibit B to this Agreement.

  • Services with Deliverables If Supporting Material for services define specific deliverables, HP warrants those deliverables will conform materially to their written specifications for 30 days following delivery. If Customer notifies HP of such a non-conformity during the 30 day period, HP will promptly remedy the impacted deliverables or refund to Customer the fees paid for those deliverables and Customer will return those deliverables to HP.

  • Evaluation Software If the Software is an evaluation version or is provided to You for evaluation purposes, then, unless otherwise approved in writing by an authorized representative of Licensor, Your license to use the Software is limited solely for internal evaluation purposes in non-production use and in accordance with the terms of the evaluation offering under which You received the Software, and expires 90 days from installation (or such other period as may be indicated within the Software). Upon expiration of the evaluation period, You must discontinue use of the Software, return to an original state any actions performed by the Software, and delete the Software entirely from Your system and You may not download the Software again unless approved in writing by an authorized representative of Licensor. The Software may contain an automatic disabling mechanism that prevents its use after a certain period of time. RESTRICTIONS

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