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 Licensee 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. Licensee should promptly install Updates to maintain the Licensed Software in the most current release level but as a minimum Cloudhouse recommends that the Client maintains Updates to the current release version or release versions issued in the previous 24 months (YYMM-2). Maintenance and Support Services will be provided for the most current released version and (subject to the continuance in force of this SLA) all legacy releases issued in the 5 year period prior to the issue of the current release (YYMM-5). Cloudhouse has right to announce the end of availability of the Licensed Product 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 the XXXX, Cloudhouse may decide to support the Product beyond the end of availability date until the end of the XXXX or Cloudhouse may provide a free Upgrade to Licensee. Cloudhouse will have no obligation to support Licensee where Licensee is using a version of the Licensed Software that is not a Supported Release any longer.
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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. 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. 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. 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 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 
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Related to CONDITIONS AND LIMITATIONS OF SERVICES

  • 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;

  • Exclusions and Limitations of Liability TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, (a) NONE OF THE 8x8 PARTIES SHALL BE LIABLE UNDER THE AGREEMENT FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR COVER DAMAGES; LOSS OF PROFITS, REVENUES, OR GOODWILL; OR LOSS OR INTERRUPTION OF BUSINESS, WHETHER FROM BREACH OR REPUDIATION OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHERWISE AND (b) THE MAXIMUM LIABILITY OF THE 8x8 PARTIES UNDER THE AGREEMENT, WHETHER ARISING FROM A THEORY OR CLAIM OF BREACH OR REPUDIATION OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, TORT, STATUTORY DUTY, OR OTHERWISE, SHALL IN NO CASE EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAYABLE UNDER THE AGREEMENT FOR THE TWELVE- (12-) MONTH PERIOD PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING EXCLUSION AND LIMITATION SHALL APPLY REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND ON A CUMULATIVE (RATHER THAN PER-INCIDENT) BASIS. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE PRICING AND OTHER TERMS UNDER THE AGREEMENT ARE BASED ON THE FOREGOING EXCLUSION AND LIMITATION.

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