Duties and Obligations of the Customer Sample Clauses

Duties and Obligations of the Customer. 2.1 The Customer is not allowed to lease, loan or dispose the software to any third party. 2.2 The Customer may, however, permit the use of the software to employees and Individual Contractors who are not granted an independent right of use and who use the program on behalf of the Customer. The restrictions of use according to Section 1 of this Agreement remain unaffected. 2.3 The Customer is obliged to observe the export regulations of the Federal Republic of Germany as well as of the countries of origin of the software. 2.4 The Customer is obliged to run regular data backups appropriate in relation to the existing risks.
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Duties and Obligations of the Customer. 3.1 Customer shall promptly provide assistance and otherwise comply with its obligations as identified under a Work Order. Customer shall pay Supplier for its performance of Services and the Deliverables provided in accordance with the terms and conditions of this Agreement, in accordance with the charges set forth in the applicable Work Order. 3.2 Customer shall cooperate fully with Supplier’s performance of Services and shall promptly respond to Supplier’s request for any Customer Materials that Supplier reasonably requires to perform the Services. All hardware and software provided by Customer will be returned to Customer after the project is completed in the same condition it was delivered (reasonable wear and tear excepted) and unless such items have undergone change as per the requirements of the Work Order. Customer shall be responsible for the shipping, handling, insurance, and annual maintenance costs of all such Customer Materials. 3.3 Supplier shall not be liable for any delay or failure to perform an obligation to the extent that such delay or failure results from or is attributable to (i) delay or defects in the Customer Materials (ii) a failure by Customer to perform an obligation which impedes the performance by Supplier; or (iii) any dependencies or assumptions in the applicable Work Order not having been met. 3.4 Customer shall cooperate with Supplier, including by making available management decisions, information, approvals and acceptances, and access to Customer personnel, as reasonably requested by Supplier so Supplier may accomplish its obligations and responsibilities under any Work Order. 3.5 Customer shall ensure that it is the lawful owner or licensee of any Customer Materials and that it has necessary consents and approvals required in order to provide Supplier with access to and use of such Customer Materials, including Personal Data, or Third Party Materials in connection with Supplier’s performance of its obligations under this Agreement
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Duties and Obligations of the Customer. In no event shall the customer have the right to rent the software to someone or sublicense it in any other way, disclose it to someone, publish or present it or make it available to any third party in return for payment or free of charge (e.g., Software as a Service).
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Duties and Obligations of the Customer. 6.1. The customer has the following duties: a) Customer has to ensure that there are sufficient funds on the respective account, if an arrangement with TKS was made, to pay bills via direct debit or via credit card debit. For each debit balance not realized or returned unpaid, customer shall reimburse TKS to the extent, that customer is liable, for the event which led to the costs. b) The services provided must not be misused, particularly not for the purpose of activities, listed in point 2, last para- graph. Customer shall observe national and international copyright and trademark, patent- and name rights as well as other industrial and personal rights of third parties. c) The standard way to receive the monthly bill free of charge is via e-mail or online. If customer prefers to receive a paper bill, this is possible, but subject to additional charges. The amount of the extra charge for a paper bill is listed in the TKS BOSS Entertainment price list. In the event that customer pays via online payment, they have to make sure to retrieve the online bill at least once a month via the TKS customer account. d) Customer has to grant TKS employees or third parties commissioned by TKS access to customer’s property and any building located thereon at his own expense to the extent that this is necessary to perform testing, installation and maintenance work. e) All access maintenance and modification works may only be performed by TKS. f) Personal access data (e.g. PIN) must not be passed on to third parties and have to be kept at a safe place, where they are inaccessible to third parties. For safety reasons they should be changed, when they are first used as well as in regular time intervals thereafter. If customer has reason to believe, that unauthorized persons have obtained knowledge of the access data, they shall modify them immediately. Ac- cess data may only be stored on electronic storage media (e.g. PC, USB-Stick and CD-ROM) in encrypted form. g) The contents provided by TKS or parts thereof may not be edited, copied or disseminated, shown in public or used for advertising purposes or be employed in any form or for a purpose outside that which has been contractually agreed, unless TKS has given its express prior written consent. h) TKS and its agents shall be indemnified against any and all claims by third parties that are based on the illegal usage of the provided services by customer or with customer’s consent or which arise, in particular from litigatio...
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Duties and Obligations of the Customer. 6.1. The customer has the following duties: a) For the use of this service, the customer requires a stable internet connection with sufficient bandwidth and without data limitations. This contract does not include Internet us- age. To avoid high costs through the use of the USAbroad TV service, we recommend that you check before signing the contract if the contract with the Internet service provider includes unlimited data usage or make a changeover to an internet provider that offers unlimited service. Costs incurred for Internet use are fully liable by the customer. b) The services provided must not be misused, particularly - not for the purpose of activities listed in point 2, last para- graph. - the customer shall observe national and international copyright and trademark, patent and name rights as well as other industrial and personal rights of third parties. - not to use any of the contents of USAbroad TV on anoth- er website or in a networked computer environment (Es- pecially by uploading or republishing content from USA- broad TV in Internet, intranet or extranet or through the recording of content in another database or in other col- lection forms). Unless here expressly not otherwise stat- ed, nothing in these conditions can be designed as a transfer of intellectual property, either as an estoppel ob- jection, implied or otherwise. This license is revocable at any time without notice. - to spread illegal or unauthorized copies of copyright pro- tected works, for example by providing or production of pirated copies or links there to. Furthermore, it is prohibit- ed to provide information or make available, how to avoid the manufacturer-installed copy-protection measures, provide pirated copies of TV programs or links to pirated TV shows. c) The customer has to ensure that there are sufficient funds in the respective credit card account in which they provided TKS for debiting. For each debit balance not realized or re- turned unpaid, customer shall reimburse TKS to the extent that customer is liable for the event which led to the costs. d) With the USAbroad TV service the monthly invoice is only provided via online to the TKS customer account. The cus- tomer will be informed via e-mail that an invoice is now online available. Therefor the customer is responsible for retrieving monthly the online invoice. e) Personal access data must not be passed on to third par- ties and have to be kept at a safe place where they are inac- cessible to third parti...
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Duties and Obligations of the Customer. 15.1 The Customer confirms that telephone numbers set out in the CSA to be taken over by CSUK are free from rights of third parties which restrict such takeover. 15.2 The Customer confirms that information provided by it to CSUK is correct and complete. The Customer shall notify CSUK of any changes in respect of the data provided by it. This applies in particular to the Customer’s name and address as well as name, address, email, telephone and fax numbers of the Customer Service contact. 15.3 The Customer shall not use the Service to transmit any content in breach of applicable law. The Customer will ensure that the Services are not used either by the Customer or any third party for any fraudulent, criminal, defamatory, offensive, obscene or abusive purpose or so as to constitute a violation or infringement of the rights of CSUK or any third party. The Customer undertakes to complywith all applicable laws and regulations and all reasonable instructions of CSUK in relation to its use of the Service. 15.4 The Customer acknowledges that CSUK may suspend the Service ifit reasonably believes the Customer is in breach of clauses 15.3. 15.5 CSUK is entitled to select or change the network provider and carriers at its own discretion. Customer authorises CSUK to make it known that these Terms and Conditions permits CSUK to make such change. The Customer will upon request confirm the right given to CSUK in this clause 15.5. 15.6 The Customer shall keep any password provided by CSUK to access the Service strictly confidential and shall promptly notify CSUK if it becomes aware any unauthorised third party becomes aware of such password. If as a result of the Customer’s negligence or default a third party obtains any password supplied to the Customer, the Customer shall be liable for all charges incurred as a result of any oneof the Service using such password. 15.7 The Customer accepts responsibility to inform employees and members of staff that calls to Emergency Services (999,112) may require first dialling (9) as a prefix in order to access an external line. 15.8 The Customer accepts responsibility to inform employees and members of staff that calls to Emergency Services (999,112) are not available during power cuts and network outages. 15.9 The Customer has the obligation to ensure that the Device Site Location address details for the VOIP Terminals in the NFON portal is up to date. Failure to do so will result in incorrect address information made available to Em...
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Duties and Obligations of the Customer. 2.1 The Customer is not allowed to lease, loan or dispose the software to any third party. 2.2 The Customer may, however, permit the use of the software to employees and Individual Contractors who are not granted an independent right of use and who use the program on behalf of the Customer. The restrictions of use according to Section 1 of this Agreement remain unaffected. 2.3 Within the scope of the use of the Software as well as the transfer of the Software to third parties according to 2.2, the Customer is obligated to comply with all applicable (re-) export control and embargo provisions. In particular, the Customer shall always comply with the (re-) export control and embargo provisions of the Federal Republic of Germany, the European Union, and the United States of America. Prior to using the Software and prior to transferring the Software to third parties according to 2.2, the Customer shall check and take appropriate measures to ensure that this does not result in a violation of any applicable export control provisions. Customer shall obtain any necessary permits or licenses from the relevant authorities. Customer shall, upon request, immediately provide CADFEM with complete information about the use of the Software and, if applicable, about third parties as defined in 2.2 and their use of the Software. CADFEM is not obligated to fulfill the contract if this would lead to violations of applicable export control regulations. Violations of applicable export control regulations by the customer entitle CADFEM to extraordinary termination of the present contract as well as all existing individual contracts with the customer. 2.4 The Customer is obliged to run regular data backups appropriate in relation to the existing risks. P +49 (0) 80 92-70 05-0 xxxx@xxxxxx.xx xxx.xxxxxx.xxx/xx Berlin, Chemnitz, Hannover and Stuttgart Austria: CADFEM (Austria) GmbH xxx.xxxxxx.xxx/xx
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Duties and Obligations of the Customer. 4.1 In particular, the customer shall have the following obligations: a) If the customer orders Telekom's RechnungOnline, extra-feature op- tion, they shall – furnish a SEPA direct debit mandate and ensure that sufficient funds are available in the agreed debit account. – additionally be obligated to retrieve their xxxx from the Rechnun- gOnline, extra-feature option website at least once a month. b) It must be ascertained before making use of the contractually agreed service that the subscriber to the line to which calls are to be forwarded agrees to this. c) When using the caller list additional service for freecall 0800/0180call and Local Service Call with fewer than five line identi- fications, it must be ensured that subscribers to the lines whose line identification is entered in the caller lists consent thereto. d) When using the additional service CallGuard for freecall 0800/0180call and Local Service Call, it must be ensured that entries in the Call Protect Filter of CallGuard are stored for no longer than one week. e) When using freecall 0800/0180call and Local Service Call, the cus- tomer may only use the extension number (the number with suffixes added) included in the additional selection code service for their own internal purposes. Neither the customer or a third party for whom the call number is used as part of a service shall be permitted to extend the call number, nor to lease the extended number to third parties. f) The customer shall not make improper use of the services, in particu- lar: – The customer shall not send any legally prohibited and unsolicited information, material, or other services, including unrequested and uninvited advertising by email, fax, telephone, or SMS, or ille- gal dialer programs. – the customer shall not establish unlawful contact using telecom- munication services (§ 238 of the German Penal Code (Strafge- setzbuch – StGB)). – The customer shall not convey or post on the internet any infor- mation that is illegal or in violation of accepted moral standards, nor may reference to such information be made. This includes in particular information that serves as incitement to hatred, leads to criminal offenses, or glorifies or trivializes violence, as defined in §§ 130, 130a, and 131 of the German Criminal Code (Strafge- setzbuch – StGB), information that is sexually offensive, is porno- graphic as defined in § 184 StGB, is capable of causing serious moral harm to children or teenagers, or threatens their welfare,...
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Duties and Obligations of the Customer. 5.1 Telekom and its agents shall be indemnified against all claims by third parties that are based on the illegal use of the software and the services connected therewith by the customer or with their consent, or which arise, in particular, from litigation involving data protection, copyright, or other laws in conjunction with the use of the software. The customer shall notify Telekom in writing without undue delay if third parties claim that the customer has violated their rights. The customer shall not recognize any violation of rights claimed by third parties and either have any and all disputes han- dled by Telekom or exclusively handle such disputes in agreement with Telekom. 5.2 Copyright notices, serial numbers, and any other features that serve to identify the program may under no circumstances be re- moved or modified. The same applies to features like calling line identification restriction. 5.3 The customer shall ensure that all items and services they are re- quired to contribute are provided to the full extent necessary in good time, in the required scope, and free of charge for Telekom. 5.4 The customer shall give Telekom’s employees all the support they require for their work at the customer's location. As part of this sup- port, the customer shall – ensure that a qualified employee is available to provide support at the place of performance – ensure that the employees assigned by Telekom are granted free access to the relevant computer and software at the agreed time; – ensure that items provided by the customer comply with work safety regulations for the benefit of Telekom employees; – provide Telekom's employees with the information they need for their work without undue delay; – provide Telekom employees with adequate and appropriate work space and resources where they are required to work at the customer’s premises to fulfill the agreement. 5.5 In order for the leased software to be properly maintained, – defects found by the customer must be adequately described by the customer and also be identifiable by Telekom; – any defects found must be reported with a notification of de- fects in the form provided; – the documentation required for the rectification of defects must be made available to Telekom; – the customer must not have altered or tampered with the soft- ware; – the software must be operated under proper conditions in ac- cordance with the documentation. 5.6 Data media provided by the customer must be flawless both tech- nicall...
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Related to Duties and Obligations of the Customer

  • 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.

  • Duties and Obligations of Employee Employee shall serve as the Chief Executive Officer of the Employer pursuant to this Agreement and shall perform the customary duties of each such office in the commercial banking industry as may from time to time be reasonably requested of him by the Board of Directors of the Employer including the following: (a) Providing leadership in planning and implementing the conduct of the business and affairs of the Employer, subject to the direction of the Board of Directors of the Employer, and carrying out responsibilities of the position as outlined in any job description approved by the Board of Directors of the Employer; (b) Participating in community affairs which are beneficial to the Employer; (c) Maintaining a good relationship with the Board of Directors of the Employer, its management officers and shareholders; (d) Maintaining a good relationship with regulatory agencies and governmental authorities having jurisdiction over the Employer and its subsidiaries; (e) Acting as a member of the Board of Directors of the Employer and of its subsidiaries and all committees of the respective Boards of Directors to which the Employee may be appointed or elected; and

  • Rights and Obligations of the Parties 5.2.1. The client is obliged to: 5.2.1.1. Check for an SMS at the moment of issuance of a card, by which means they will receive a pin code, or check the integrity of the envelope in which the pin code is given; 5.2.1.2. Regularly review and abide by card usage and security regulations developed by the Bank, and not allow disclosure of the card and/or pin-code to the third persons; 5.2.1.3. Reimburse those bank expenses which are related to additional service costs of VISA and Mastercard (if any); 5.2.1.4. Use the card to pay the Bank any commission fee related to card servicing (producing, renewal, including in the international stop-list, etc.) and processing card transactions consistent with the tariff established by the Bank and/or international payment systems; 5.2.1.5. Perform transactions on the card account only within the limits of the available balance. The Bank shall impose a penalty on an intentionally or erroneously overspent amount in excess of the available balance according to the tariff established by the Bank for each day of using the surcharge amount; 5.2.1.6. Promptly fill surcharged amount; 5.2.1.7. Promptly notify the Bank about loss of the card; 5.2.1.8. Shall process card payment transaction in the internet only through the web pages having secure payment certifications (web pages where MasterCard SecureCode or Verified by VISA logos are depicted, allowing for making payment with 3D security code). The bank shall bear no responsibility for the transactions of the client made at the web-pages having no secure payment certifications. 5.2.2. The client is authorized to: 5.2.2.1. At any time obtain information on transactions held at the card account and request statements reflecting such transactions. The client is authorized to become familiar with the transactions made at the card accounts in the internet banking and/or address JSC “Pasha Bank Georgia” telephone services center – contact center and/or any branch of the bank to obtain such information. Card transactions statements shall be issued in a form requested by the client in the timelines established by the bank, however no later than 2 (two) banking days after the request of the client has been made. The bank is entitled to establish the commission for issuing the transaction statement made for the card account. 5.2.2.2. Submit a justified claim on transactions performed on the card account consistent with clause 5.4 of the present agreement. 5.2.3. The client acknowledges that: 5.2.3.1. Cards produced by the Bank are equipped with contactless technology; 5.2.3.2. Throughout the territory of Georgia, contactless card transactions without a pin code are permitted to the amount of up to 100 (one hundred) GEL. The Bank does not bear responsibility and does not accept claims from clients for contactless transaction(s) performed with the card account of a client up to 100 GEL throughout Georgia (notwithstanding the number of such transactions performed with the card).

  • Liabilities and Obligations 33 6.8 Conformity with Law; Litigation.................................33 6.9 No Violations...................................................33 6.10

  • Survival of Rights, Duties and Obligations Termination of this Agreement for any cause shall not release a Party from any liability which at the time of termination has already accrued to such Party or which thereafter may accrue in respect of any act or omission prior to such termination.

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