Errors Not Caused by the Licensed Software Sample Clauses

Errors Not Caused by the Licensed Software. If Maximizer reasonably believes that a problem You report may not be due to an Error in the Licensed Software, Maximizer will notify You and will have no obligation to proceed further unless You provide written instruction to do so. If upon resolution of the problem Maximizer notifies You that the problem is not a result of an Error in the Licensed Software and You request that Maximizer provide assistance to You to resolve that problem, then You will pay for time and materials incurred by Maximizer or its Certified Solution Provider in resolution of such problem at Maximizer’s rates for such services and materials in effect at the time such services and materials are provided. Invoices for such amounts will be payable by you as set out in Section 9.
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Errors Not Caused by the Licensed Software. If M-Group reasonably believes that a problem reported by Licensee may not be due to an Error in the Licensed Software, M-Group will so notify Licensee. At that time, Licensee may (i) instruct M-Group to proceed with problem determination at its Confidential & Proprietary M-Group Systems, Inc. possible expense as set forth below, or (ii) instruct M-Group that Licensee does not wish the problem pursued at its possible expense. If Licensee requests that M-Group proceed with problem determination at its possible expense and M-Group reasonably determines that the error was not due to an Error in the Licensed Software, M-Group shall immediately stop further work and so inform Licensee and Licensee shall pay M-Group, at M-Group's then-current consulting rates, of all work performed in connection with such determination, plus reasonable related expenses incurred therewith. Licensee shall not be liable under this Section 2.2 for problem determination or repair to the extent that problems are due to Errors in the Licensed Software nor shall Licensee be liable for work performed under this Section 2.2 in excess of its instructions or after Licensee has notified M-Group in accordance with the terms hereof that it no longer wishes work on the problem determination to be continued at its possible expense. If Licensee instructs M-Group that it does not wish the problem pursued at its possible expense or if such determination requires effort in excess of Licensee instructions, M-Group may, in its reasonable discretion, elect not to investigate the error.
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Errors Not Caused by the Licensed Software. If Maximizer reasonably believes that a problem You report may not be due to an Error in the Licensed Software, Maximizer will notify You and shall have no obligation to proceed further unless You provide written instruction to do so. If upon resolution of the problem Maximizer notifies You that the problem is not a result of an Error in the Licensed Software and You request that Maximizer provide assistance to You to resolve that problem, then You will pay for time and materials incurred by Maximizer or its Certified Solution Provider in resolution of such problem at Maximizer’s rates for such services and materials in effect at the time such services and materials are provided. Invoices for such amounts will be payable by you as set out in Section 7.4. For greater certainty, other than to provide You with Version Releases or Service Releases, Maximizer has no obligations under Bronze Maintenance to provide any Technical Support with respect to diagnosis or correction of Errors.
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Related to Errors Not Caused by the Licensed Software

  • Malicious Software The Contractor or subcontractors that discover and isolate malicious software in connection with a reported cyber incident shall submit the malicious software in accordance with instructions provided by the Contracting Officer.

  • Licensed Software Computer program(s) provided by Contractor in connection with the Deliverables, subject to Section 14 of this Contract.

  • License for Txdot Logo Use DocuSign Envelope ID: 08011FCF-93C2-4F54-8A05-20A33047A1D8

  • Third Party Software 1. The Software may contain third party software that requires and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions are located at xxxx://xxx.xxxxxxxxx.xxx/thirdparty/index.html and are made a part of and incorporated by reference into this XXXX. By accepting this XXXX, You are also accepting the additional terms and conditions, if any, set forth therein.

  • Proprietary Software Depending upon the products and services You elect to access through Electronic Access, You may be provided software owned by BNY Mellon or licensed to BNY Mellon by a BNY Mellon Supplier (“Proprietary Software”). You are granted a limited, non-exclusive, non-transferable license to install the Proprietary Software on Your authorized computer system (including mobile devices registered with BNY Mellon) and to use the Proprietary Software solely for Your own internal purposes in connection with Electronic Access and solely for the purposes for which it is provided to You. You and Your Users may make copies of the Proprietary Software for backup purposes only, provided all copyright and other proprietary information included in the original copy of the Proprietary Software are reproduced in or on such backup copies. You shall not reverse engineer, disassemble, decompile or attempt to determine the source code for, any Proprietary Software. Any attempt to circumvent or penetrate security of Electronic Access is strictly prohibited.

  • Ownership of Software and Related Material All computer programs, magnetic tapes, written procedures, and similar items purchased and/or developed and used by Price Associates in performance of this Agreement shall be the property of Price Associates and will not become the property of the Funds.

  • Unauthorised Use of Intellectual Property a) The Supplier/Service Provider agrees to notify Transnet in writing of any conflicting uses of, and applications of registrations of Patents, Designs and Trade Marks or any act of infringement, unfair competition or passing off involving the Intellectual Property of Transnet of which the Supplier/Service Provider acquires knowledge and Transnet shall have the right, as its own option, to proceed against any party infringing its Intellectual Property. b) It shall be within the sole and absolute discretion of Transnet to determine what steps shall be taken against the infringer and the Supplier/Service Provider shall co-operate fully with Transnet, at Transnet’s cost, in whatever measure including legal action to bring any infringement of illegal use to an end. c) The Supplier/Service Provider shall cooperate to provide Transnet promptly with all relevant ascertainable facts. d) If proceedings are commenced by Transnet alone, Transnet shall be responsible for all expenses but shall be entitled to all damages or other awards arising out of such proceedings. If proceedings are commenced by both Parties, both Parties will be responsible for the expenses and both Parties shall be entitled to damages or other awards arising out of proceedings.

  • Customer Materials Subject to Section 4(a), all right, title and interest (including all Intellectual Property Rights) in and to the Customer Materials are owned by Customer or Customer’s suppliers.

  • No Unauthorized Use or Disclosure Executive agrees that he will not, at any time during or after Executive’s employment by Company, make any unauthorized disclosure of, and will prevent the removal from Company premises of, Confidential Information or Work Product of Company (or its affiliates), or make any use thereof, except in the carrying out of Executive’s responsibilities during the course of Executive’s employment with Company. Executive shall use commercially reasonable efforts to cause all persons or entities to whom any Confidential Information shall be disclosed by him hereunder to observe the terms and conditions set forth herein as though each such person or entity was bound hereby. Executive shall have no obligation hereunder to keep confidential any Confidential Information if and to the extent disclosure thereof is specifically required by law; provided, however, that in the event disclosure is required by applicable law, Executive shall provide Company with prompt notice of such requirement prior to making any such disclosure, so that Company may seek an appropriate protective order. At the request of Company at any time, Executive agrees to deliver to Company all Confidential Information that he may possess or control. Executive agrees that all Confidential Information of Company (whether now or hereafter existing) conceived, discovered or made by him during the period of Executive’s employment by Company exclusively belongs to Company (and not to Executive), and Executive will promptly disclose such Confidential Information to Company and perform all actions reasonably requested by Company to establish and confirm such exclusive ownership. Affiliates of Company shall be third party beneficiaries of Executive’s obligations under this Article 6. As a result of Executive’s employment by Company, Executive may also from time to time have access to, or knowledge of, Confidential Information or Work Product of third parties, such as customers, suppliers, partners, joint venturers, and the like, of Company and its affiliates. Executive also agrees to preserve and protect the confidentiality of such third party Confidential Information and Work Product to the same extent, and on the same basis, as Company’s Confidential Information and Work Product.

  • Contractor Designation of Trade Secrets or Otherwise Confidential Information If the Contractor considers any portion of materials to be trade secret under section 688.002 or 812.081, F.S., or otherwise confidential under Florida or federal law, the Contractor must clearly designate that portion of the materials as trade secret or otherwise confidential when submitted to the Department. The Contractor will be responsible for responding to and resolving all claims for access to Contract-related materials it has designated trade secret or otherwise confidential.

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