Eligibility of Software Sample Clauses

Eligibility of Software. Maintenance and Support will not include services ----------------------- requested as a result of, or with respect to, the following, and any services requested as a result thereof will be billed to Customer at Numerical Technologies' then-current rates: (a) accident; unusual physical, electrical or electromagnetic stress; neglect; misuse; failure of electric power; operation of the Software with other media not meeting or not maintained in accordance with the manufacturer's specifications; or causes other than ordinary use; (b) improper installation or operation by Customer or use of the Software that deviates from any hardware, configuration, environmental or operating procedures established by Numerical Technologies in the applicable Documentation; (c) modification, alteration or addition or attempted modification, alteration or addition of the Software undertaken by persons other than Numerical Technologies or Numerical Technologies' authorized representatives; or (d) programs made by Customer.
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Eligibility of Software. Maintenance and Support will not include services requested as a result of, or with respect to, (i) improper installation by Customer or use of the Software that deviates from any operating procedures established by CrossWorlds in the applicable Documentation, (ii) attempted or actual modification, alteration, additions or extensions to or of the Software by Customer or any third party (except for modifications, alterations, additions or extensions to or of the Software permitted in writing by CrossWorlds), (iii) accident, electrical failure, or failure of air conditioning or humidity control, (iv) any version of the Software more than one Update prior to the currently commercially available Update of the Software so long as CrossWorlds timely provided each of the Updates; (v) failure to incorporate an Update previously released and provided by CrossWorlds and (vi) any portion(s) of the Software customized by CrossWorlds, Customer or a Third Party Consultant for Customer's use. 7.4. Responsibilities of Customer. CrossWorlds' provision of Maintenance and Support to Customer is subject to (and if Customer employs a Third Party Consultant as described in Section 2.7, such Third Party Consultant's compliance with) the following: 7.4.1. Customer shall provide CrossWorlds with access to Customer's personnel and Environment during normal business hours. This access must include the ability to dial-in to any part of the Environment on which the Software is operating necessary to maintain the Software. CrossWorlds will inform Customer of the specifications of the modem equipment needed, and Customer will be responsible for the costs and use of said equipment. 7.4.2. Customer shall provide supervision, control and management of the Use of the Software. In addition, Customer shall implement procedures for the protection of information and the implementation of backup facilities in the event of errors or malfunction of the Software or Environment. 7.4.3. Customer shall document and promptly report all errors or malfunctions of the Software sufficient to enable CrossWorlds to replicate and verify the error or malfunction. Customer shall take all steps necessary to carry out procedures for the rectification of errors or malfunctions within a reasonable time after such procedures have been received from CrossWorlds. 7.4.4. Customer shall maintain a current backup copy of all programs and data. 7.4.5. Customer shall properly train its personnel in the Use and application ...
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Eligibility of Software. Software shall be eligible for Services under this Agreement so long as (i) the Software meets Xxxxxx’s specified Minimum Revision Level (as defined in Paragraph 1.3), (ii) the Software is unmodified by Customer unless done so at the express direction of Corero; and (iii) the Software was purchased from Corero or one of Authorized Partners and the purchase is covered by a valid software license agreement between Customer and Corero. Where Customer does not renew Services in respect of any Software, for a period greater than sixty (60) days, Corero shall only reinstate such after review and written approval and only after all fees have been paid by Customer.
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Eligibility of Software. Maintenance and Support will not include services requested as a result of, or with respect to, the following, and any services requested as a result thereof will be billed to Customer at Denodo’s then- current rates: i accident; unusual physical, electrical or electromagnetic stress; neglect; misuse; failure of electric power, air conditioning or humidity control; failure of rotation media not furnished by Denodo; operation of the Software with other media not meeting or not maintained in accordance with the manufacturer’s specifications; or causes other than ordinary use; ii improper installation by Customer or use of the Software that deviates from any operating procedures established by Denodo in the applicable Documentation; iii modification, alteration or addition or attempted modification, alteration or addition of the Software undertaken by persons other than Denodo or Denodo’s authorized representatives; or iv software or technology of any party other than Denodo.
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Eligibility of Software. Linuxcare Services shall not include services ----------------------- requested as a result of, or with respect to, the following, and any such services if provided by Linuxcare shall be provided (if at all) as part of a separate Linuxcare Professional Services contract:
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Eligibility of Software. Maintenance and Support will not include services requested as a result of, or concerning, the following: (i) accident; unusual physical, electrical, or electromagnetic stress; neglect; misuse; failure of electric power, air conditioning, or humidity control; failure of rotation media not furnished by PurpleCube; (ii) operation of the Software with other media not meeting or not maintained by the manufacturer’s specifications; or causes other than ordinary use; (iii) improper installation by you or use of the Software that deviates from any operating procedures established by PurpleCube in the applicable Documentation; (iv) modification, alteration or addition or attempted modification, alteration, or acquisition of the Software undertaken by persons other than PurpleCube or PurpleCube’s authorized representatives; or (v) software or technology of any party other than PurpleCube.
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Eligibility of Software. Maintenance and Support will not include services requested as a result of, or with respect to, the following (except to the extent caused by TNT), and any services requested as a result thereof will be billed to TNC at a rate of two hundred forty percent (240%) of the applicable hourly fee, pay, wage, or salary of the employee performing such services, plus out-of-pocket expenses associated therewith; provided, however, that if such services are performed by a consultant of TNT, such rate shall be one hundred twenty percent (120%) of the applicable hourly fee of such consultant: (a) accident; unusual physical, electrical or electromagnetic stress; neglect; misuse; failure of electric power, air conditioning or humidity control; failure of rotation media not furnished by TNT; operation of the Software with other media not meeting or not maintained in accordance with the manufacturer's specifications; or causes other than ordinary use; (b) improper installation by TNC or use of the Software that deviates from any operating procedures communicated in writing by TNT; (c) modification, alteration or addition or attempted modification, alteration or addition of the Software undertaken by persons other than TNT or TNT's authorized representatives; or (d) computer programs created by TNC or any third party that are not supplied or approved by TNT; or
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Eligibility of Software. Maintenance and Support will not include services requested as a result of, or with respect to, the following, and any services requested as a result thereof will be billed to Customer at Denodo’s then-current rates:
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Related to Eligibility of Software

  • Quality of Service Contractor shall perform its services with care, skill, and diligence, in accordance with the applicable professional standards currently recognized by such profession, and shall be responsible for the professional quality, technical accuracy, completeness, and coordination of all reports, designs, drawings, plans, information, specifications, and/or other items and services furnished under this Agreement. Contractor shall, without additional compensation, correct or revise any errors or deficiencies immediately upon discovery in its reports, drawings, specifications, designs, and/or other related items or services.

  • Availability of Services CBT agrees not to discontinue or refuse to provide any service provided or required hereunder other than in accordance with the terms of this Agreement, or unless required by the Commission.

  • Quality of Services (a) The Consultant shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished pursuant to this Agreement. (b) To that end, the Consultant shall correct or shall revise, without additional compensation, any errors or omissions in its work product or shall make such revisions as are necessary as the result of the failure of the Consultant to provide an accurate, more efficient, and properly constructable product in its designs, drawings, specifications, or other services. (c) The County's review/approval/acceptance of or payment for the services required by this Agreement shall NOT be construed to operate as a waiver of any rights or of any cause of action arising out of the performance of this Agreement. Additionally, the Consultant shall be and remain liable to the County in accordance with applicable law for all damages to the County caused by the Consultant's negligent performance of any of the services furnished under this Agreement. (d) The rights and remedies of the County provided for under this Agreement are in addition to any other rights and remedies otherwise provided by law.

  • Continuity of Service It shall be the right of all Subscribers to continue receiving Cable Service insofar as their financial and other obligations to the Grantee are honored, and subject to Xxxxxxx’s rights under Section 15.2 of this Franchise.

  • Originality of Services Except as to standard generic details, Consultant agrees that all technologies, formulae, procedures, processes, methods, writings, ideas, dialogue, compositions, recordings, teleplays and video productions prepared for, written for, or submitted to the District and/or used in connection with this Agreement, shall be wholly original to Consultant and shall not be copied in whole or in part from any other source, except that submitted to Consultant by District as a basis for such services.

  • Availability of Service We will use reasonable efforts to make the Service available for your use on a continuous basis. The Service may be unavailable for short periods of time for regular or emergency system maintenance. We will endeavor to have our scheduled maintenance occur during non-peak hours. In addition, accessibility to the Service may be interrupted because of conditions beyond our control, including outages in Internet, cellular or other communications availability. We will use diligent efforts to re-establish the Services as promptly as possible. We do not promise the Service will always be available for your use. We may elect to discontinue this Service at any time. If we choose to discontinue the Service, we will provide you with reasonable notice in advance of that fact. We reserve the right at all times to take actions to protect our systems and information, including denial of access to users of the Service.

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