CONDITIONS AND LIMITATIONS OF SERVICES Sample Clauses

CONDITIONS AND LIMITATIONS OF SERVICES. Problems Caused By Third Party Products or Errors in Use of the Licensed Software. Cloudhouse will have no obligations or responsibilities of any kind hereunder with respect to problems caused in the use or functioning of the Licensed Software by any hardware or software product (including but not limited to operating systems, networks, and third party software not provided to Customer by Cloudhouse) other than the Licensed Software or by any Error in the use of the Licensed Software inconsistent with the Documentation. If Maintenance and Support Services hereunder are rendered for any Problem caused by any of the foregoing or for troubleshooting with respect to any of the foregoing, or if Cloudhouse’s Support Service efforts are increased as a result, Cloudhouse reserves the right to impose charges at its then standard commercial time and materials rates for all such services, including reasonable travel and per diem expenses. A Cloudhouse customer service engineer will notify a Designated Support Contact as soon as the billable status of the call is determined. Such Designated Support Contact may then terminate the call at that time without charge. Maintenance of Current Releases of the Licensed Software. Customer should promptly install Updates to maintain the Licensed Software at the most current release level. Maintenance and Support Services will be provided only for the most current released version and other released versions issued in the 6 month period prior to the date of the most current release version. Cloudhouse has right to announce the end of availability of the Licensed Software with six months’ notice. If Cloudhouse announces the end of availability of a product and end of the six months’ notice falls before the end of this Agreement, Cloudhouse may decide to support the Licensed Software beyond the end of availability date until the end of this Agreement or Cloudhouse may provide a free Upgrade to Customer. Cloudhouse will have no obligation to support Customer where Customer is using a version of the Licensed Software that is not a Supported Release any longer. Access to Customer’s Facilities. Customer may need to supply Cloudhouse with access to and use of all information and facilities reasonably necessary for Cloudhouse to render these services, subject to any security requirements or other company procedures of Customer. Cloudhouse may also reasonably request the use of a specific remote access software package solely for the purpo...
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CONDITIONS AND LIMITATIONS OF SERVICES. Problems Caused By Third Party Issues. Cloudhouse will have no obligations or responsibilities of any kind hereunder with respect to problems caused in the use or functioning of the Application Compatibility Package by any hardware or software product (including but not limited to operating systems, networks, and third party software) other than the Application Compatibility Package. If Support Services hereunder are rendered for any Problem caused by any of the foregoing or for troubleshooting with respect to any of the foregoing, or if Cloudhouse’s Support Service efforts are increased as a result, Cloudhouse reserves the right to impose charges at its then standard commercial time and materials rates for all such services, including reasonable travel and per diem expenses. A Cloudhouse customer service engineer will notify a Designated Support Contact as soon as the billable status of the call is determined. Such Designated Support Contact may then terminate the call at that time without charge. Access to Customer’s Facilities. Customer may need to supply Cloudhouse with access to and use of all information and facilities reasonably necessary for Cloudhouse to render these services, subject to any security requirements or other company procedures of Customer. Cloudhouse may also reasonably request the use of a specific remote access software package solely for the purpose of diagnostic and Support Services. If Cloudhouse is not permitted or is unable to access the Application Compatibility Package, it may result in slower resolution times or inhibit Cloudhouse’s ability to resolve a Problem and Customer will incur additional costs if Cloudhouse should have to resolve the Problem onsite at Customer’s facilities. Customer Specific Responsibilities. Customer is responsible for: (a) maintaining procedures external to the Application Compatibility Package for reconstruction of lost or altered files, data, or programs to the extent it deems necessary, and for actually reconstructing any lost or altered files, data, or programs. Cloudhouse will not be responsible for any lost or altered files, data or programs; (b) all user accounts and end-user computing environments; and (c) the determination of the number of Cloudhouse end-user licenses required to support the Application Compatibility Package. Customer General Responsibilities. Customer shall: (a) reasonably co-operate with Cloudhouse in all matters arising under this Agreement or otherwise relating to the...
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CONDITIONS AND LIMITATIONS OF SERVICES. Problems Caused By Third Party Issues. Cloudhouse will have no obligations or responsibilities of any kind hereunder with respect to problems caused in the use or functioning of the Application Compatibility Package by any hardware or software product (including but not limited to operating systems, networks, and third party software) other than the Application Compatibility Package. If Support Services hereunder are rendered for any Problem caused by any of the foregoing or for troubleshooting with respect to any of the foregoing, or if Cloudhouse’s Support Service efforts are increased as a result, Cloudhouse reserves the right to impose charges at its then standard commercial time and materials rates for all such services, including reasonable travel and per diem expenses. A Cloudhouse customer service engineer will notify a Designated Support Contact as soon as the billable
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CONDITIONS AND LIMITATIONS OF SERVICES a. Problems Caused By Third Party Products, Errors and Modifications. Hornbill-NA will have no obligations or responsibilities of any kind hereunder with respect to a problem or problem troubleshooting in the use or functioning of the Licensed Program caused by: (1) any hardware fault or failure including failure to properly maintain the equipment on which the License Program operates or use of the Licensed Program with equipment not specified in the Documentation; (2) any software product (including but not limited to operating systems, networks, and third party software not provided to Customer by vendor) other than the Licensed Program; (3) any Error in the use of the Licensed Program inconsistent with the Documentation or for a purpose which the Licensed Program is not designed; (4) continued use of a version of the Licensed Program after two subsequent versions have been made available to Customer; (5) any repair or modification of the Licensed Program by any person or entity other than one authorized by Hornbill-NA; or (6) use of the Licensed Programs by other than experienced data processing personnel who have successfully completed training as recommended by Hornbill-NA b. Support Services Exclusions. Support Services shall not include any analysis, Implementation of changes or proposed changes in the customization of the Licensed Programs or importation of data into the Licensed Programs.
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CONDITIONS AND LIMITATIONS OF SERVICES. Problems Caused By Third Party Products, Errors In Use of the Licensed Software and Modifications to the Licensed Software. Neverfail will have no obligations or responsibilities of any kind hereunder with respect to problems caused in the use or functioning of the Licensed Software by any hardware or software product (including but not limited to operating systems, networks, and third party software not provided to Licensee by Neverfail) other than the Licensed Software, by any Error in the use of the Licensed Software inconsistent with the Documentation, or by any modification of the Licensed
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CONDITIONS AND LIMITATIONS OF SERVICES. Extricity's obligations to render Support and Maintenance are subject to the following conditions and limitations: 3.1. Problems Caused by Third Party Products, Errors in Use of Extricity Software, and Modifications to the Extricity Software. Extricity will have no obligations or responsibilities of any kind hereunder with respect to problems caused in the use or functioning of the Extricity Software by any hardware or software product (including but not limited to operating systems, networks, and third party software not provided to AspenTech by Extricity) other than the Extricity Software, by any error in the use of the Extricity Software inconsistent with the Documentation, or by any modification of the Extricity Software by any person or entity other than one authorized by Extricity. If services hereunder are rendered for any problem caused by any of the foregoing or for troubleshooting with respect to any of the foregoing, or if Extricity's service efforts are increased as a result, Extricity reserves the right to impose charges at its then standard commercial time and materials rates for all such services, including travel and per diem expenses. The Extricity customer service engineer will notify a caller as soon as the billable status of the call is determined. The caller may terminate the call at that time without charge.
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CONDITIONS AND LIMITATIONS OF SERVICES 
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Related to CONDITIONS AND LIMITATIONS OF SERVICES

  • Conditions and Limitations The admission of any Person as a Substituted Member or an Additional Member shall be conditioned upon (i) such Person’s written acceptance and adoption of all the terms and provisions of this Agreement, either by (A) execution and delivery of a counterpart signature page to this Agreement countersigned by the Managing Member on behalf of the Company or (B) any other writing evidencing the intent of such Person to become a Substituted Member or an Additional Member and such writing is accepted by the Managing Member on behalf of the Company.

  • Conditions of Service (1). The Dallas County Community College District Dual Credit program falls under Texas Higher Education Coordinating Board Rule 19 TAC §§ 4.81-4.85, “Dual Credit Partnerships Between Secondary Schools and Texas Public Institutions of Higher Education.” Services under this Agreement are limited exclusively to Dual Credit for a tuition scholarship for approved Dual Credit courses (Attachment B). For Dual Credit scholarship see 4.K.1 of this Agreement. (2). All students wishing to participate in the Dual Credit program by taking a course(s) described in Attachment B must: (a) Complete College application for admission to the College; (b). Clearly establish their residency classification;

  • Limitations of Service When using the Services, you may experience technical or other difficulties. We will attempt to post alerts on our website to notify you of these interruptions in Service. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. Some of the Services have qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue the Services, in whole or in part, or your use of the Services, in whole or in part, immediately and at any time without prior notice to you.

  • Scope and Limitations of Agreement 1.1 This Agreement shall be used for all Interconnection Requests submitted under the Small Generator Interconnection Procedures (SGIP) except for those submitted under the 10 kW Inverter Process contained in SGIP Attachment 5. 1.2 This Agreement governs the terms and conditions under which the Interconnection Customer’s Small Generating Facility will interconnect with, and operate in parallel with, the Transmission Provider's Transmission System. 1.3 This Agreement does not constitute an agreement to purchase or deliver the Interconnection Customer's power. The purchase or delivery of power and other services that the Interconnection Customer may require will be covered under separate agreements, if any. The Interconnection Customer will be responsible for separately making all necessary arrangements (including scheduling) for delivery of electricity with the applicable Transmission Provider. 1.4 Nothing in this Agreement is intended to affect any other agreement between the Transmission Provider and the Interconnection Customer.

  • TERMS AND CONDITIONS OF SERVICE 3.1. Based on the received Letter of Application with a manuscript of a scientific and/or other text from the author (the Customer), the Contractor accepts the texts intended for publication in a printed mass media for editing on a paid basis. 3.2. The author (the Customer) who applies to the editorial office for the purpose of editing its scientific and/or other texts shall be obliged as follows: • Transfer its manuscript to the editorial board by sending the same to the official email address of the editorial board. • Based on the confirmation of a positive review and the invoice sent by the editorial board for payment for editing, prepress, electronic layout, publication on the journal's website, and archiving scientific and/or other texts, pay the cost of services within three (3) calendar days from the date of receipt of the invoice for payment for services. • At the request of the editorial board, provide information and perform any actions necessary and sufficient from the standpoint of the editorial board to perform the order. 3.3. The editorial board undertakes to render the services within 3 (three) months from the date of acceptance of the terms and conditions hereof and the Customer's payment for services hereunder. In exceptional cases, the term of performance of the terms and conditions hereof may be agreed with the author (the Customer) individually. 3.4. Services shall be considered rendered, and the terms and conditions hereof shall be considered performed at the time of the editor-in-chief's approval of the layout-original issue wherein the scientific and/or other text of the Customer is subject to publication.

  • CONDITIONS OF LIMITATION This Lease and the term and estate hereby granted are subject to the limitation that: (a) in case Tenant shall make an assignment of its property for the benefit of creditors or shall file a voluntary petition under any bankruptcy or insolvency law, or an involuntary petition under any bankruptcy or insolvency law shall be filed against Tenant and such involuntary petition is not dismissed within 60 days after the filing thereof, (b) in case a petition is filed by or against Tenant under the Reorganization provisions of the United States Bankruptcy Act or under the provisions of any law of like import, unless such petitioner under said Reorganization provisions be one filed against Tenant which is dismissed within 60 days after its filing, (c) in case Tenant shall file a petition under the Arrangement provisions of the United States Bankruptcy Act or under the provisions of any law of like import, (d) in case a permanent receiver, trustee or liquidator shall be appointed for Tenant or of or for the property of Tenant, and such receiver, trustee or liquidator shall not have been discharged within 60 days from the date of his appointment, (e) in case Tenant shall default in the payment of any fixed rent or additional rent or any other sum or charge payable hereunder by Tenant to Landlord on any date upon which the same becomes due, (f) in case Tenant shall default in the due keeping, observing or performance of any covenant, agreement, term, provision or condition of this Lease on the part of Tenant to be kept, observed or performed (other than a default of the character referred to in subparagraph (e) of this Article 16), and if such default shall continue and shall not be remedied by Tenant within 10 days after Landlord shall have given to Tenant a written notice specifying the same, or, in the case of such a default which for causes beyond Tenant's control cannot with due diligence be cured within said period of 10 days, if Tenant (i) shall not, promptly upon the giving of such notice, advise Landlord in writing of Tenant's intention to duly institute all steps necessary to remedy such default, (ii) shall not duly institute and thereafter diligently prosecute to completion all steps necessary to remedy the same, or (iii) shall not remedy the same within a reasonable time after the date of the giving of said notice by Landlord, (g) in case any event shall occur or any contingency shall arise whereby this Lease or the estate hereby granted or the unexpired balance of the term hereof would, by operation of law or otherwise, devolve upon, or pass to, any person, firm, association or corporation other than Tenant except as expressly permitted under Article 7 hereof, or whenever Tenant shall desert or abandon the premises or the same shall become vacant (whether the keys are surrendered or not an whether the rent be paid or not), or (h) in case any other lease held by Tenant from Landlord shall expire and terminate (whether or not the term thereof shall then have commenced) as a result of the default of Tenant thereunder or of the occurrence of an event as therein provided (other than by expiration of the fixed term thereof or pursuant to a cancellation or termination option therein contained), then in any of said cases Landlord may give to Tenant a notice of intention to end the term of this Lease at the expiration of 3 days from the date of the giving of such notice, and, in the event that such notice is given, this Lease and the term and estate hereby granted (whether or not the term shall theretofore have commenced) shall expire and terminate upon the expiration of said 3 days with the same effect as if that day were the date hereinbefore set for the expiration of the term of this Lease, but Tenant shall remain liable for damages as provided in Article 18 hereof. If the term "Tenant", as used in this Lease, refers to more than one person, then, as used in subparagraphs (a), (b), (c), (d) and (h) of this Article 16, said term shall be deemed to include all of such persons or any one of them,; if any of the obligations of Tenant under this Lease is guaranteed, the term "Tenant", as used in said subparagraphs, shall be deemed to include also the guarantor or, if there be more than one guarantor, all or any one of them; and if this Lease shall have been assigned, the term "Tenant", as used in said subparagraphs, shall be deemed to include the assignee and the assignor or either of them under any such assignment unless Landlord shall, in connection with such assignment, release the assignor from any further liability under this Lease, in which event the term "Tenant", as used in said paragraph, shall not include the assignor so released.

  • Limitations and Conditions on Benefits The benefits and payments provided under this Agreement shall be subject to the following terms and limitations:

  • Conditions of Eft Services (a.) Ownership of Card(s). Any Card we supply to you is our property and must be returned to us, or to any person whom we authorize to act as our agent, or to any person who is authorized to honor the Card, immediately according to instructions. The Card may be reclaimed at any time at our sole discretion without demand or notice. You cannot transfer your Card to another person.

  • Warranties and Limitations of Liability ARINC-IA and SAE- ITC’s support of the Activities and the services they provide are on an “AS IS” basis. ARINC-IA, SAE-ITC, AEEC, AMC, and FSEMC make no determination whether the ARINC Standards could be subject to valid claims or patent, copyright or other proprietary or intellectual property rights by third parties. ARINC- IA or SAE-ITC make no warranty, express, implied, written, or oral, as to the condition or nature of membership or any membership service as delivered or provided pursuant to this Agreement. ARINC-IA, SAE-ITC, AEEC, AMC, and FSEMC SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. In no event shall these parties be liable for any direct, indirect, special, incidental, consequential, reliance, or any other damages, including, but not limited to, loss of revenue or profits, arising out of Member’s use of any of the services of the activities even if they have been advised of the possibility of such damages. No action, regardless of form, arising out of any claimed breach of the Agreement may be brought by either party more than one (1) year after the cause of action has accrued.

  • Limitations on Services (a) Each Service furnished pursuant to this Agreement shall be in all material respects equivalent to and limited to the same type, quality, quantity and timeliness of such service that the Provider provides to its own organization and personnel, and to those of the other members of the Provider's Group. Each party acknowledges that the other may make changes from time to time in the manner of performing the Services if such Provider is making similar changes for itself, any member of its Group, or its respective business. Each party further acknowledges that such Services will be performed by those employees of such Provider who perform similar services for such Provider in the normal course of their employment. Accordingly, except as otherwise agreed upon by the parties, neither party shall be obligated to make available any incremental Services to the extent that doing so would unreasonably interfere with the performance of any employee of such party in connection with his or her responsibilities to the other, require additional staff or otherwise cause an unreasonable burden to the other, any member of the its Group, or their respective business. Each party acknowledges and agrees that duly authorized agents of the other shall have the right to enter their premises to the extent reasonably necessary or convenient to provide the Services. (b) If a Provider ceases to provide any of the Services to its own business units or if the level of such Services is reduced for any reason, such Provider may also cease to provide or reduce the level of such Services provided to the Recipient under this Agreement. Each party agrees to provide the other as promptly as practicable notice of any substantial change in the level of such Services provided under this Agreement, but in no event shall such Provider provide less than ninety (90) days advance notice of such date of any Service discontinuance. (c) Neither party shall be required to provide any Service to the extent the performance of such Service becomes "impracticable" as a result of a cause or causes outside the reasonable control of such party, including unfeasible technological requirements, or to the extent the performance of such Services would require such party to violate any applicable laws, rules or regulations or would result in the breach of any license, lease or other applicable contract.

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