CUSTOMER’S DUTIES AND OBLIGATIONS Sample Clauses

CUSTOMER’S DUTIES AND OBLIGATIONS. 5.1 Planon will provide Customer with the tools (for example user names and passwords) to access the Planon SaaS Services and any access to the Planon SaaS Services through such provided tools will be deemed access to the Planon SaaS Services by Customer. Customer shall use reasonable endeavors to prevent any unauthorized access to, or use of, the Planon SaaS Services and notify Planon promptly of any such unauthorized access or use. Customer may not resell space within its account. Each account is for the sole use of Customer. Evidence that space is being resold may be reason for termination of the execution of the Planon SaaS Services. Customer shall provide Planon in time with all data or information useful or required for the proper execution of this Agreement by both Parties and Customer, including but not limited to if required, granting access to Customer’s premises and/or Customer Data. If Customer in the execution of this Agreement employs its own employees, the latter will have the required knowledge, experience, capacity and quality. 5.2 Customer shall be responsible for its use of the Planon SaaS Services and the manner in which the results are obtained through its use of the Planon SaaS Services. Customer shall also be responsible for training given to and use by Named Users. Customer shall be responsible for the Named Users compliance with this Agreement, for the accuracy, quality, integrity and legality of Customer Data, and the transfer of data between (a) Customer’s backend system and the Planon SaaS Cloud (if any), and (b) the Devices and the Planon SaaS Cloud. 5.3 Customer shall not (i) use the Planon SaaS Services to store or transmit infringing, libellous or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights; (ii) use the Planon SaaS Services to store or transmit any malicious code such as but not limited to cancelbots, back doors, easter eggs, time bombs, trap doors, trojan horses viruses, worms, files, scripts, agents or programs intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information (“Malicious Code”); (iii) intentionally interfere with or disrupt the integrity or performance of the Planon SaaS Services or third party data contained therein, and shall make reasonable efforts to ensure that no other software, data or equipment having an adverse impact on the Planon SaaS Services has been intro...
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CUSTOMER’S DUTIES AND OBLIGATIONS. 4.1. Customer shall at all times during the term of this Agreement duly cooperate with Safebridge. In particular Customer shall: (a) pay any remuneration due in accordance with the License and Remuneration Model as chosen by Customer; (b) provide and maintain the technical equipment required to receive and use the Application and ensure that the technical equipment complies with the requirements set out in the “Minimum Requirements for the Use of the Application” as set out under xxx.xxxxxxxxxx.xxx and as updated from time to time; (c) provide Safebridge with its electronic contact data, and keep this information updated, if necessary; (d) check its mailbox regularly and secure that e-mails from Safebridge, especially invoices, are received; (e) ensure that the login data is protected against unauthorized access and is not to disclose to any third party; (f) instruct Users and supervise Users regarding the confidential use of the login data handed over to them; (g) secure that Users accept the Terms of Use (TOU) (as set out at xxx.xxxxxxxxxx.xxx) before using the Application and complies with the Terms of Use at any time. 4.2. Customer at any time remains fully responsible (a) for its Users and the work conducted by such users, and Safebridge by offering the Assessments and issuing the reports under this Agreement does not accept any responsibility in this regard; in particular (but not limited to) with regard to decisions made by Customer based on the generated reports. (b) the usage of generated reports in compliance with all applicable laws, in particular (but not limited to) with regard to data protection, privacy and labor laws.
Sample 1
CUSTOMER’S DUTIES AND OBLIGATIONS. 9.1 Customer shall undertake to keep up to date any data provided during the registration process at all time and shall refrain from violating these GTC and applicable laws. In particular, Customer shall undertake to meet payment demands of the Operator in a timely manner. Furthermore, Customer shall ensure that Customer’s account is used exclusively by Customer. Customer shall treat Customer’s access data and the data archived on the site as confidential and shall ensure that third parties do not gain access to Customer’s data. If the Customer should culpably breach this duty, Customer shall be directly responsible for any resulting damages. 9.2 Moreover, Customer shall undertake to use the platform exclusively for its intended purpose (mobile marketing as defined in Sect. 1.4) and to observe all contractual and statutory provisions when using the platform. Any usage that goes beyond the purpose of the usage relationship shall be prohibited. In particular, Customer shall not be permitted to: - Send out promotional messages without observing the statutory requirements (in particular consent mandates and revocability) - Send out promotional messages that advertise illegal goods and / or services - Send SPAM messages - Make available to third parties Customer’s access free of charge or in exchange for payment to send out electronic messages for third party businesses - Spy out economically relevant data of the Operator or of other customers; this shall apply in particular to the pirating of third party lists of recipients. 9.3 In the event of any violation of the provisions set forth in this Article, the Operator shall have the right to temporarily block the customer account and / or the sending of electronic messages or to terminate the user agreement extraordinarily. The type of sanction imposed shall depend on the type, severity and duration or the number of violations and shall be chosen at Operator’s discretion. A blockage of the customer account or the suspension of the sending of electronic messages shall be without prejudice to the term of the user agreement.
Sample 1
CUSTOMER’S DUTIES AND OBLIGATIONS. A. Customer shall use the Movilizer Service only in accordance with the Documentation and applicable laws and government regulations. B. Customer shall be responsible for Mobile Users’ compliance with this Agreement, for the accuracy, quality, integrity and legality of Customer Data, and the transfer of data between (i) the Customer’s backend system and the Movilizer Cloud (if any), and (ii) the Mobile Devices and the Movilizer Cloud. C. Customer shall ensure that Customer Data is in a proper format, as specified by the Documentation of the APIs of the Movilizer WebService Connector. D. Customer shall use commercially reasonable efforts to prevent any unauthorized access to or use of the Movilizer Service, and notify Movilitas promptly of any such unauthorized access or use. E. Customer shall not (i) use the Movilizer Service to store data, to store or transmit infringing, libellous, or otherwise unlawful or tortuous material, or to store or transmit material in violation of third-party privacy rights; (ii) use the Movilizer Services to store or transmit Malicious Code; (iii) intentionally interfere with or disrupt the integrity or performance of the Movilizer Service or third party data contained therein, and shall make reasonable efforts to ensure that no other software, data or equipment having an adverse impact on the Movilizer Service has been introduced in its backend systems; or (iv) attempt to gain unauthorized access to the Movilizer Service or to related systems or networks operated by Movilitas.
Sample 1
CUSTOMER’S DUTIES AND OBLIGATIONS. Customer shall prevent any unauthorized access to, or use of, the Tech Partner Platform Apps and Connector Software and Customer will promptly notify Tech Partner of any such unauthorized access or use. Customer shall be responsible for its users in compliance with this XXXX, for the accuracy, quality, integrity and legality of Customer Data. Customer shall not (i) use the Tech Partner Platform Apps and Connector Software to store or transmit infringing, libellous or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights; (ii) use the Tech Partner Platform Apps and Connector Software to store or transmit any malicious code such as but not limited to cancelbots, back doors, easter eggs, time bombs, trap doors, trojan horses viruses, worms, files, scripts, agents or programs intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information (“Malicious Code”); (iii) intentionally interfere with or disrupt the integrity or performance of the Tech Partner Platform Apps and Connector Software or third party data contained therein, and shall make reasonable efforts to ensure that no other software, data or equipment having an adverse impact on the Tech Partner Platform Apps and Connector Software has been introduced in backend systems; or (iv) attempt to gain unauthorized access to the Tech Partner Platform Apps and Connector Software or to related systems or networks.
Sample 1

Related to CUSTOMER’S DUTIES AND OBLIGATIONS

  • Duties and Obligations The Administrative Agent shall not have any duties or obligations except those expressly set forth in the Loan Documents. Without limiting the generality of the foregoing, (a) the Administrative Agent shall not be subject to any fiduciary or other implied duties, regardless of whether a Default has occurred and is continuing, (b) the Administrative Agent shall not have any duty to take any discretionary action or exercise any discretionary powers, except discretionary rights and powers expressly contemplated by the Loan Documents that the Administrative Agent is required to exercise as directed in writing by the Required Lenders (or such other number or percentage of the Lenders as shall be necessary under the circumstances as provided in Section 9.02), and, (c) except as expressly set forth in the Loan Documents, the Administrative Agent shall not have any duty to disclose, and shall not be liable for the failure to disclose, any information relating to any Loan Party or any Subsidiary that is communicated to or obtained by the bank serving as Administrative Agent or any of its Affiliates in any capacity. The Administrative Agent shall not be liable for any action taken or not taken by it with the consent or at the request of the Required Lenders (or such other number or percentage of the Lenders as shall be necessary under the circumstances as provided in Section 9.02) or in the absence of its own gross negligence or willful misconduct as determined by a final nonappealable judgment of a court of competent jurisdiction. The Administrative Agent shall be deemed not to have knowledge of any Default unless and until written notice thereof is given to the Administrative Agent by the Borrower or a Lender, and the Administrative Agent shall not be responsible for or have any duty to ascertain or inquire into (i) any statement, warranty or representation made in or in connection with any Loan Document, (ii) the contents of any certificate, report or other document delivered hereunder or in connection with any Loan Document, (iii) the performance or observance of any of the covenants, agreements or other terms or conditions set forth in any Loan Document, (iv) the validity, enforceability, effectiveness or genuineness of any Loan Document or any other agreement, instrument or document, (v) the creation, perfection or priority of Liens on the Collateral or the existence of the Collateral, or (vi) the satisfaction of any condition set forth in Article IV or elsewhere in any Loan Document, other than to confirm receipt of items expressly required to be delivered to the Administrative Agent.

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