Free Services. PCS may make Free Services available to Customer. Use of Free Services is subject to the terms and conditions of this Agreement. In the event of a conflict between this section and any other portion of this Agreement, this section shall control. Free Services may be provided to Customer without charge up to certain limits as described in the Documentation. Usage over these limits would require Customer’s purchase of additional resources or services. Customer agrees that PCS, in its sole discretion and for any or no reason, may terminate Customer’s access to the Free Services or any part thereof. Customer agrees that any termination of Customer’s access to the Free Services may be without prior notice, and Customer agrees that PCS will not be liable to Customer or any third party for such termination. Customer is solely responsible for exporting Customer Data from the Free Services prior to termination of Customer’s access to the Free Services for any reason, provided that if PCS terminates Customer’s account, except as required by law PCS will provide Customer a reasonable opportunity to retrieve its Customer Data. NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION AND “INDEMNIFICATION BY PCS” SECTION BELOW, THE FREE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY AND PCS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE FREE SERVICES UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE PCS’S LIABILITY WITH RESPECT TO THE FREE SERVICES SHALL NOT EXCEED GBP 1,000.00. WITHOUT LIMITING THE FOREGOING, PCS AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE FREE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF THE FREE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE FREE SERVICES WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION BELOW, CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO PCS AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF CUSTOMER’S USE OF THE FREE SERVICES, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER.
Appears in 7 contracts
Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement
Free Services. PCS SFDC may make Free Services available to CustomerYou. Use of Free Services is subject to the terms and conditions of this Agreement. In the event of a conflict between this section Section 2.2 (Free Services) and any other portion of this Agreement, this section shall control. Please note that Free Services may be are provided to Customer you without charge up to certain limits as described in the Documentation. Usage over these limits would require Customer’s requires your purchase of additional resources or services. Customer agrees You agree that PCSSFDC, in its sole discretion and for any or no reason, may terminate Customer’s your access to the Free Services or any part thereof. Customer agrees You agree that any termination of Customer’s your access to the Free Services may be without prior notice, and Customer agrees you agree that PCS SFDC will not be liable to Customer you or any third party for such termination. Customer is You are solely responsible for exporting Customer Your Data from the Free Services prior to termination of Customer’s Your access to the Free Services for any reason, provided that if PCS terminates Customer’s We terminate your account, except as required by law PCS We will provide Customer you a reasonable opportunity to retrieve its Customer Your Data. NOTWITHSTANDING THE “SECTIONS 9 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION ) AND “10.1 (INDEMNIFICATION BY PCS” SECTION BELOWUS), THE FREE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY AND PCS SFDC SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE FREE SERVICES UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE PCS’S LIABILITY WITH RESPECT TO THE FREE SERVICES SHALL NOT EXCEED GBP 1,000.00SERVICES. WITHOUT LIMITING THE FOREGOING, PCS SFDC AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER YOU THAT: (A) CUSTOMER’S YOUR USE OF THE FREE SERVICES WILL MEET CUSTOMER’S YOUR REQUIREMENTS, (B) CUSTOMER’S YOUR USE OF THE FREE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE FREE SERVICES WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “SECTION 11.1 (LIMITATION OF LIABILITY” SECTION BELOW), CUSTOMER YOU SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO PCS SFDC AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF CUSTOMER’S YOUR USE OF THE FREE SERVICES, ANY BREACH BY CUSTOMER YOU OF THIS AGREEMENT AND ANY OF CUSTOMER’S YOUR INDEMNIFICATION OBLIGATIONS HEREUNDER.
Appears in 2 contracts
Samples: Master Subscription Agreement, Master Subscription Agreement
Free Services. PCS WOOQER may make Free Services available to Customer. Use of Free Services is subject to the terms and conditions of this Agreement. In the event of a conflict between this section and any other portion of this Agreement, this section shall control. Free Services may be are provided to Customer without charge up to certain limits as described in the Documentationlimits. Usage over these limits would require requires Customer’s purchase of additional resources or services. Customer agrees that PCSWOOQER, in its sole discretion and for any or no reason, may terminate Customer’s access to the Free Services or any part thereof. Customer agrees that any termination of Customer’s access to the Free Services may be without prior notice, and Customer agrees that PCS WOOQER will not be liable to Customer or any third party for such termination. Customer is solely responsible for exporting Customer Data from the Free Services prior to termination of Customer’s access to the Free Services for any reason, provided that if PCS WOOQER terminates Customer’s account, except as required by law PCS WOOQER will provide Customer a reasonable opportunity to retrieve its Customer Data. NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION AND “INDEMNIFICATION BY PCSWOOQER” SECTION BELOW, THE FREE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY AND PCS WOOQER SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE FREE SERVICES UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE PCSWOOQER’S LIABILITY WITH RESPECT TO THE FREE SERVICES SHALL NOT EXCEED GBP $1,000.00. WITHOUT LIMITING THE FOREGOING, PCS WOOQER AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE FREE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF THE FREE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE FREE SERVICES WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION BELOW, CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO PCS WOOQER AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF CUSTOMER’S USE OF THE FREE SERVICES, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER.
Appears in 2 contracts
Samples: Master Subscription Agreement, Master Subscription Agreement
Free Services. PCS Kandji may make Free Services available to CustomerYou. Use Access to and use of the Free Services is subject to the terms and conditions of this Agreement. In the event of a conflict between this section Section and any other portion of this Agreement, this section Section shall control. Free Services may be are provided to Customer You without charge up to certain limits as described in the Documentation. Usage over these limits would require Customer’s requires Your purchase of additional resources or servicessubscriptions to the Services. Customer agrees You agree that PCSXxxxxx, in its sole discretion and for any or no reason, may terminate Customer’s Your use of or access to the Free Services or any part thereof. Customer agrees You agree that any termination of Customer’s Your use of or access to the Free Services may be without prior notice, and Customer agrees You agree that PCS Xxxxxx will not be liable to Customer You or any third party for such termination. Customer is You are solely responsible for exporting Customer Your Data from the Free Services Services, if applicable, prior to termination of Customer’s Your access to the Free Services for any reason, provided that if PCS Xxxxxx terminates Customer’s Your account, except as required by law PCS law, Xxxxxx will provide Customer You a reasonable opportunity to retrieve its Customer DataYour Data for up to thirty (30) days from the effective date of termination by Xxxxxx. NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION AND “INDEMNIFICATION BY PCSKANDJI” SECTION BELOW, THE FREE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY AND PCS KANDJI SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE FREE SERVICES UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE PCSKANDJI’S LIABILITY WITH RESPECT TO THE FREE SERVICES SHALL NOT EXCEED GBP 1,000.00$500.00. WITHOUT LIMITING THE FOREGOING, PCS KANDJI AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE FREE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF THE FREE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE FREE SERVICES WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION BELOW, CUSTOMER YOU SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO PCS KANDJI AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF CUSTOMER’S YOUR OR YOUR USERS’ USE OF THE FREE SERVICES, ANY BREACH BY CUSTOMER YOU OR YOUR USERS OF THIS AGREEMENT AGREEMENT, AND ANY OF CUSTOMER’S YOUR INDEMNIFICATION OBLIGATIONS HEREUNDER.
Appears in 2 contracts
Samples: Master Subscription Agreement, Master Subscription Agreement
Free Services. PCS We may make Free Services available to Customeryou. Use of Free Services is subject to the terms and conditions of this Agreement. In the event of a conflict between this section and any other portion of this Agreement, this section shall control. Free Services may be are provided to Customer you without charge up to certain limits as described in the DocumentationService Policies. Usage over these limits would require Customer’s requires your purchase of additional resources or services. Customer agrees You agree that PCSwe, in its our sole discretion and for any or no reason, may terminate Customer’s your access to the Free Services or any part thereofthereof and delete or destroy any Customer Data associated with Free Services. Customer agrees You agree that any termination of Customer’s your access to the Free Services and/or deletion or destruction of Customer Data may be without prior notice, and Customer agrees you agree that PCS we will not be liable to Customer you or any third party for such terminationtermination and/or deletion or destruction. Customer is solely responsible for exporting Customer Data from the Free Services prior to termination of Customer’s access to the Free Services for any reason, provided that if PCS terminates Customer’s account, except as required by law PCS will provide Customer a reasonable opportunity to retrieve its Customer Data. NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION AND “INDEMNIFICATION BY PCS” SECTION BELOW, THE FREE SERVICES AND ANY OUTPUT GENERATED THEREFROM ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY AND PCS WE DISCLAIM ALL WARRANTIES AND SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE FREE SERVICES OR ANY OUTPUT GENERATED THEREFROM UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE PCS’S F5’s LIABILITY WITH RESPECT TO THE FREE SERVICES SHALL NOT EXCEED GBP 1,000.00$100.00. WITHOUT LIMITING THE FOREGOINGThe foregoing provisions of this subsection shall also apply to F5 Services that are designated by us as “Preview”, PCS AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: “Beta”, “Early Access”, “Early Release”, or “Limited Access” (A) CUSTOMER’S USE OF THE FREE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS“Preview Services”). Unless otherwise specified in such Service Policies applicable to such Preview Services, (B) CUSTOMER’S USE OF THE FREE SERVICES WILL BE UNINTERRUPTEDyou shall use such Preview Services only for your internal demonstration, TIMELYtest, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE FREE SERVICES WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION BELOW, CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO PCS AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF CUSTOMER’S USE OF THE FREE SERVICES, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDERor evaluation purposes and not in a production environment.
Appears in 2 contracts
Free Services. PCS ENLYT may make Free Services available to Customer. Use of Free Services is subject to the terms and conditions of this Agreement. In the event of a conflict between this section and any other portion of this Agreement, this section shall control. Free Services may be are provided to Customer without charge up to certain limits as described in the Documentation. Usage over these limits would require requires Customer’s purchase of additional resources or services. Customer agrees that PCSENLYT, in its sole discretion and for any or no reason, may terminate Customer’s access to the Free Services or any part thereof. Customer agrees that any termination of Customer’s access to the Free Services may be without prior notice, and Customer agrees that PCS ENLYT will not be liable to Customer or any third party for such termination. Customer is solely responsible for exporting Customer Data from the Free Services prior to termination of Customer’s access to the Free Services for any reason, provided that if PCS ENLYT terminates Customer’s account, except as required by law PCS ENLYT will provide Customer a reasonable opportunity to retrieve its Customer Data. NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION AND “INDEMNIFICATION BY PCSENLYT” SECTION BELOW, THE FREE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY AND PCS ENLYT SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE FREE SERVICES UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE PCSENLYT’S LIABILITY WITH RESPECT TO THE FREE SERVICES SHALL NOT EXCEED GBP $1,000.00. WITHOUT LIMITING THE FOREGOING, PCS ENLYT AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE FREE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF THE FREE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE FREE SERVICES WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION BELOW, CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO PCS ENLYT AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF CUSTOMER’S USE OF THE FREE SERVICES, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER.
Appears in 1 contract
Samples: Master Subscription Agreement
Free Services. PCS Chrome DM may make Free Services available to Customer. Use of Free Services is subject to the terms and conditions of this Agreement. In the event of a conflict between this section and any other portion of this Agreement, this section shall control. Free Services may be are provided to Customer without charge up to certain limits as described in the Documentation. Usage over these limits would require requires Customer’s purchase of additional resources or services. Customer agrees that PCSChrome DM, in its sole discretion and for any or no reason, may terminate Customer’s access to the Free Services or any part thereof. Customer agrees that any termination of Customer’s access to the Free Services may be without prior notice, and Customer agrees that PCS Chrome DM will not be liable to Customer or any third party for such termination. Customer is solely responsible for exporting Customer Data from the Free Services prior to termination of Customer’s access to the Free Services for any reason, provided that if PCS Chrome DM terminates Customer’s account, except as required by law PCS Chrome DM will provide Customer a reasonable opportunity to retrieve its Customer Data. NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION AND “INDEMNIFICATION BY PCSUS” SECTION BELOW, THE FREE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY AND PCS CHROME DM SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE FREE SERVICES UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE PCSCHROME DM’S LIABILITY WITH RESPECT TO THE FREE SERVICES SHALL NOT EXCEED GBP INR 1,000.00. WITHOUT LIMITING THE FOREGOING, PCS CHROME DM AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE FREE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF THE FREE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE FREE SERVICES WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION BELOW, CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO PCS CHROME DM AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF CUSTOMER’S USE OF THE FREE SERVICES, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER.
Appears in 1 contract
Samples: Master Subscription Agreement
Free Services. PCS SFDC may make Free Services available to Customer. Use of Free Services is subject to the terms and conditions of this Agreement. In the event of a conflict between this section and any other portion of this Agreement, this section shall control. Free Services may be are provided to Customer without charge up to certain limits as described in the Documentation. Usage over these limits would require requires Customer’s purchase of additional resources or services. Customer agrees that PCSSFDC, in its sole discretion and for any or no reason, may terminate Customer’s access to the Free Services or any part thereof. Customer agrees that any termination of Customer’s access to the Free Services may be without prior notice, and Customer agrees that PCS SFDC will not be liable to Customer or any third party for such termination. Customer is solely responsible for exporting Customer Data from the Free Services prior to termination of Customer’s access to the Free Services for any reason, provided that if PCS SFDC terminates Customer’s account, except as required by law PCS SFDC will provide Customer a reasonable opportunity to retrieve its Customer Data. NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION AND “INDEMNIFICATION BY PCSUS” SECTION BELOW, THE FREE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY AND PCS SFDC SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE FREE SERVICES UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE PCSSFDC’S LIABILITY WITH RESPECT TO THE FREE SERVICES SHALL NOT EXCEED GBP $1,000.00. WITHOUT LIMITING THE FOREGOING, PCS SFDC AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE FREE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF THE FREE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE FREE SERVICES WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION BELOW, CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO PCS SFDC AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF CUSTOMER’S USE OF THE FREE SERVICES, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER.
Appears in 1 contract
Samples: Master Subscription Agreement
Free Services. PCS PRODUQTIVE may make Free Services available to CustomerYou. Use of Free Services is subject to the terms and conditions of this Agreement. In the event of a conflict between this section Section 2.2 (Free Services) and any other portion of this Agreement, this section shall control. Please note that Free Services may be are provided to Customer you without charge up to certain limits as described in the Documentation. Usage over these limits would require Customer’s requires your purchase of additional resources or services. Customer agrees You agree that PCSPRODUQTIVE, in its sole discretion and for any or no reason, may terminate Customer’s your access to the Free Services or any part thereof. Customer agrees You agree that any termination of Customer’s your access to the Free Services may be without prior notice, and Customer agrees you agree that PCS PRODUQTIVE will not be liable to Customer you or any third party for such termination. Customer is You are solely responsible for exporting Customer Your Data from the Free Services prior to termination of Customer’s Your access to the Free Services for any reason, provided that if PCS terminates Customer’s We terminate your account, except as required by law PCS We will provide Customer you a reasonable opportunity to retrieve its Customer Your Data. NOTWITHSTANDING THE “SECTIONS 9 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION ) AND “10.1 (INDEMNIFICATION BY PCS” SECTION BELOWUS), THE FREE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY AND PCS PRODUQTIVE SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE FREE SERVICES UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE PCS’S LIABILITY WITH RESPECT TO THE FREE SERVICES SHALL NOT EXCEED GBP 1,000.00SERVICES. WITHOUT LIMITING THE FOREGOING, PCS PRODUQTIVE AND ITS 4 AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER YOU THAT: (A) CUSTOMER’S YOUR USE OF THE FREE SERVICES WILL MEET CUSTOMER’S YOUR REQUIREMENTS, (B) CUSTOMER’S YOUR USE OF THE FREE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE FREE SERVICES WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “SECTION 11.1 (LIMITATION OF LIABILITY” SECTION BELOW), CUSTOMER YOU SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO PCS PRODUQTIVE AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF CUSTOMER’S YOUR USE OF THE FREE SERVICES, ANY BREACH BY CUSTOMER YOU OF THIS AGREEMENT AND ANY OF CUSTOMER’S YOUR INDEMNIFICATION OBLIGATIONS HEREUNDER.
Appears in 1 contract
Samples: Master Subscription Agreement
Free Services. PCS Hydrolix may make Free Services available to CustomerCustomer at no charge. Use of If Customer elects to try such Free Services, Hydrolix shall make the Free Services is available to Customer subject to (a) the terms and conditions of this Agreement. In the event of a conflict between this section and any other portion of this Agreement, this section shall control. (b) the Order Form for such Free Services may be provided Services, and (c) the Documentation applicable to Customer without charge up to certain limits as described in the Documentation. Usage over these limits would require Customer’s purchase of additional resources or servicesFree Services. Customer agrees that PCSshall allow only Users to access the Free Services, in its sole discretion and only for any or no reason, the purpose(s) described by Hydrolix. Hydrolix may terminate Customer’s access to the Free Services or at any part thereoftime in its sole discretion. Customer agrees that any termination of Customer’s access to the Free Services may be without prior noticeANY DATA CUSTOMER ENTERS INTO THE FREE SERVICES, and Customer agrees that PCS will not be liable to Customer or any third party for such termination. Customer is solely responsible for exporting Customer Data from the Free Services prior to termination of Customer’s access to the Free Services for any reasonAND ANY CUSTOMIZATIONS MADE TO THE FREE SERVICES BY OR FOR CUSTOMER, provided that if PCS terminates Customer’s account, except as required by law PCS will provide Customer a reasonable opportunity to retrieve its Customer DataWILL BE PERMANENTLY LOST UNLESS CUSTOMER PURCHASES A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE FREE SERVICES OR EXPORTS SUCH DATA BEFORE THE END OF THE FREE SERVICES. NOTWITHSTANDING THE “REPRESENTATIONS, REPRESENTATIONS AND WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION AND “INDEMNIFICATION BY PCSINDEMNIFICATION” SECTION SECTIONS BELOW, THE FREE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY AND PCS HYDROLIX SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE FREE SERVICES UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE PCSHYDROLIX’S LIABILITY WITH RESPECT TO THE FREE SERVICES SHALL NOT EXCEED GBP $1,000.00. WITHOUT LIMITING THE FOREGOING, PCS AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE FREE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF THE FREE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE FREE SERVICES WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION BELOW, CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO PCS AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF CUSTOMER’S USE OF THE FREE SERVICES, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER.
Appears in 1 contract
Samples: Master Subscription Agreement
Free Services. PCS Prospecta may make Free Services available to Customer. Use of Free Services is subject to the terms and conditions of this Agreement. In the event of a conflict between this section and any other portion of this Agreement, this section shall control. Free Services may be are provided to Customer without charge up to certain limits as described in the Documentation. Usage over these limits would require requires Customer’s purchase of additional resources or services. Customer agrees that PCSProspecta, in its sole discretion and for any or no reason, may terminate Customer’s access to the Free Services or any part thereof. Customer agrees that any termination of Customer’s access to the Free Services may be without prior notice, and Customer agrees that PCS Prospecta will not be liable to Customer or any third party for such termination. Customer is solely responsible for exporting Customer Data from the Free Services prior to termination of Customer’s access to the Free Services for any reason, provided that if PCS Prospecta terminates Customer’s account, except as required by law PCS Prospecta will provide Customer a reasonable opportunity to retrieve its Customer Data. NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION AND “INDEMNIFICATION BY PCSPROSPECTA” SECTION BELOW, THE FREE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY AND PCS PROSPECTA SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE FREE SERVICES UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE PCSPROSPECTA’S LIABILITY WITH RESPECT TO THE FREE SERVICES SHALL NOT EXCEED GBP $1,000.00. WITHOUT LIMITING THE FOREGOING, PCS PROSPECTA AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE FREE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF THE FREE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE FREE SERVICES WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION BELOW, CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO PCS AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF CUSTOMER’S USE OF THE FREE SERVICES, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER.,
Appears in 1 contract
Samples: Master Subscription Agreement
Free Services. PCS Glantus may at its discretion (but shall not be obliged to) make Free Services available to Customer. Use of Free Services is subject to the terms and conditions of this Agreement. In the event of a conflict between this section and any other portion of this Agreement, this section shall control. Free Services may be are provided to Customer without charge up to certain limits as described in the Documentation. Usage over these limits would require requires Customer’s purchase of additional resources or services. Customer agrees that PCSGlantus, in its sole discretion and for any or no reason, may terminate Customer’s access to the Free Services or any part thereof. Customer agrees that any termination of Customer’s access to the Free Services may be without prior notice, and Customer agrees that PCS Glantus will not be liable to Customer or any third party for such termination. Customer is solely responsible for exporting Customer Data from the Free Services prior to termination of Customer’s access to the Free Services for any reason, provided that if PCS Glantus terminates Customer’s account, except as required by law PCS Glantus will provide Customer a reasonable opportunity to retrieve its Customer Data. NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION AND “INDEMNIFICATION BY PCSGLANTUS” SECTION BELOW, THE FREE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY AND PCS GLANTUS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE FREE SERVICES UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE PCS’S GLANTUS’ LIABILITY WITH RESPECT TO THE FREE SERVICES SHALL NOT EXCEED GBP €1,000.00. WITHOUT LIMITING THE FOREGOING, PCS GLANTUS AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE FREE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF THE FREE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE FREE SERVICES WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION BELOW, CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO PCS AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF CUSTOMER’S USE OF THE FREE SERVICES, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER.:
Appears in 1 contract
Samples: Main Services Agreement
Free Services. PCS Floify may make Free Services available to CustomerYou. Use of Free Services is subject to the terms and conditions of this Agreement. In the event of a conflict between this section Section 2.2 (Free Services) and any other portion of this Agreement, this section shall control. Please note that Free Services may be are provided to Customer you without charge up to certain limits as described in the Documentation. Usage over these limits would require Customer’s requires your purchase of additional resources or services. Customer agrees You agree that PCSFloify, in its sole discretion and for any or no reason, may terminate Customer’s your access to the Free Services or any part thereof. Customer agrees You agree that any termination of Customer’s your access to the Free Services may be without prior notice, and Customer agrees you agree that PCS Floify will not be liable to Customer you or any third party for such termination. Customer is You are solely responsible for exporting Customer Your Data from the Free Services prior to termination of Customer’s Your access to the Free Services for any reason, provided that if PCS terminates Customer’s We terminate your account, except as required by law PCS We will provide Customer you a reasonable opportunity to retrieve its Customer Your Data. NOTWITHSTANDING THE “SECTIONS 9 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION ) AND “10.1 (INDEMNIFICATION BY PCS” SECTION BELOWUS), THE FREE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY AND PCS FLOIFY SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE FREE SERVICES UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE PCS’S LIABILITY WITH RESPECT TO THE FREE SERVICES SHALL NOT EXCEED GBP 1,000.00SERVICES. WITHOUT LIMITING THE FOREGOING, PCS FLOIFY AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER YOU THAT: (A) CUSTOMER’S YOUR USE OF THE FREE SERVICES WILL MEET CUSTOMER’S YOUR REQUIREMENTS, (B) CUSTOMER’S YOUR USE OF THE FREE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE FREE SERVICES WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “SECTION 11.1 (LIMITATION OF LIABILITY” SECTION BELOW), CUSTOMER YOU SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO PCS FLOIFY AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF CUSTOMER’S YOUR USE OF THE FREE SERVICES, ANY BREACH BY CUSTOMER YOU OF THIS AGREEMENT AND ANY OF CUSTOMER’S YOUR INDEMNIFICATION OBLIGATIONS HEREUNDER.
Appears in 1 contract
Samples: Master Subscription Agreement
Free Services. PCS DigitalStakeout may make Free Services available to CustomerYou. Use of Free Services is subject to the terms and conditions of this Agreement. In the event of a conflict between this section Section 2.2 (Free Services) and any other portion of this Agreement, this section shall control. Please note that Free Services may be are provided to Customer you without charge up to certain limits as described in the Documentation. Usage over these limits would require Customer’s requires your purchase of additional resources or services. Customer agrees You agree that PCSDigitalStakeout, in its sole discretion and for any or no reason, may terminate Customer’s your access to the Free Services or any part thereof. Customer agrees You agree that any termination of Customer’s your access to the Free Services may be without prior notice, and Customer agrees you agree that PCS DigitalStakeout will not be liable to Customer you or any third party for such termination. Customer is solely responsible for exporting Customer Data from the Free Services prior to termination of Customer’s access to the Free Services for any reason, provided that if PCS terminates Customer’s account, except as required by law PCS will provide Customer a reasonable opportunity to retrieve its Customer Data. NOTWITHSTANDING THE “SECTIONS 9 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION ) AND “10.1 (INDEMNIFICATION BY PCS” SECTION BELOWUS), THE FREE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY AND PCS DIGITALSTAKEOUT SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE FREE SERVICES UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE PCS’S LIABILITY WITH RESPECT TO THE FREE SERVICES SHALL NOT EXCEED GBP 1,000.00SERVICES. WITHOUT LIMITING THE FOREGOING, PCS DIGITALSTAKEOUT AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER YOU THAT: (A) CUSTOMER’S YOUR USE OF THE FREE SERVICES WILL MEET CUSTOMER’S YOUR REQUIREMENTS, (B) CUSTOMER’S YOUR USE OF THE FREE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE FREE SERVICES WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “SECTION 11.1 (LIMITATION OF LIABILITY” SECTION BELOW), CUSTOMER YOU SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO PCS DIGITALSTAKEOUT AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF CUSTOMER’S YOUR USE OF THE FREE SERVICES, ANY BREACH BY CUSTOMER YOU OF THIS AGREEMENT AND ANY OF CUSTOMER’S YOUR INDEMNIFICATION OBLIGATIONS HEREUNDER.
Appears in 1 contract
Samples: Master Subscription Agreement
Free Services. PCS KAAS may make Free Services available to Customer. Use of Free Services is subject to the terms and conditions of this Agreement. In the event of a conflict between this section and any other portion of this Agreement, this section shall control. Free Services may be are provided to Customer without charge up to certain limits as described in the Documentation. Usage over these limits would require requires Customer’s purchase of additional resources or services. Customer agrees that PCSKAAS, in its sole discretion and for any or no reason, may terminate Customer’s access to the Free Services or any part thereof. Customer agrees that any termination of Customer’s access to the Free Services may be without prior notice, and Customer agrees that PCS KAAS will not be liable to Customer or any third party for such termination. Customer is solely responsible for exporting Customer Data from the Free Services prior to termination of Customer’s access to the Free Services for any reason, provided that if PCS KAAS terminates Customer’s account, except as required by law PCS KAAS will provide Customer a reasonable opportunity to retrieve its Customer Data. NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION AND “INDEMNIFICATION BY PCSKAAS” SECTION BELOW, THE FREE SERVICES ARE PROVIDED “AS-AS- IS” WITHOUT ANY WARRANTY AND PCS KAAS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE FREE SERVICES UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE PCSKAAS’S LIABILITY WITH RESPECT TO THE FREE SERVICES SHALL NOT EXCEED GBP 1,000.00$1,000.00 . WITHOUT LIMITING THE FOREGOING, PCS KAAS AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE FREE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF THE FREE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE FREE SERVICES WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION BELOW, CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO PCS KAAS AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF CUSTOMER’S USE OF THE FREE SERVICES, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER.
Appears in 1 contract
Samples: Master Subscription Agreement
Free Services. PCS DigitalStakeout may make Free Services available to CustomerYou. Use of Free Services is subject to the terms and conditions of this Agreement. In the event of a conflict between this section Section 2.2 (Free Services) and any other portion of this Agreement, this section shall control. Please note that Free Services may be are provided to Customer you without charge up to certain limits as described in the Documentation. Usage over these limits would require Customer’s requires your purchase of additional resources or services. Customer agrees You agree that PCSDigitalStakeout, in its sole discretion and for any or no reason, may terminate Customer’s your access to the Free Services or any part thereof. Customer agrees You agree that any termination of Customer’s your access to the Free Services may be without prior notice, and Customer agrees you agree that PCS DigitalStakeout will not be liable to Customer you or any third party for such termination. Customer is solely responsible for exporting Customer Data from the Free Services prior to termination of Customer’s access to the Free Services for any reason, provided that if PCS terminates Customer’s account, except as required by law PCS will provide Customer a reasonable opportunity to retrieve its Customer Data. NOTWITHSTANDING THE “SECTIONS 9 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION ) AND “10.1 (INDEMNIFICATION BY PCS” SECTION BELOWUS), THE FREE SERVICES ARE PROVIDED “AS-ISAS-‐IS” WITHOUT ANY WARRANTY AND PCS DIGITALSTAKEOUT SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE FREE SERVICES UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE PCS’S LIABILITY WITH RESPECT TO THE FREE SERVICES SHALL NOT EXCEED GBP 1,000.00SERVICES. WITHOUT LIMITING THE FOREGOING, PCS DIGITALSTAKEOUT AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER YOU THAT: (A) CUSTOMER’S YOUR USE OF THE FREE SERVICES WILL MEET CUSTOMER’S YOUR REQUIREMENTS, (B) CUSTOMER’S YOUR USE OF THE FREE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE FREE SERVICES WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “SECTION 11.1 (LIMITATION OF LIABILITY” SECTION BELOW), CUSTOMER YOU SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO PCS DIGITALSTAKEOUT AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF CUSTOMER’S YOUR USE OF THE FREE SERVICES, ANY BREACH BY CUSTOMER YOU OF THIS AGREEMENT AND ANY OF CUSTOMER’S YOUR INDEMNIFICATION OBLIGATIONS HEREUNDER.
Appears in 1 contract
Samples: Master Subscription Agreement
Free Services. PCS SavvyDox may make Free Services available to CustomerYou. Use of Free Services is subject to the terms and conditions of this Agreement. In the event of a conflict between this section Section 2.2 (Free Services) and any other portion of this Agreement, this section shall control. Please note that Free Services may be are provided to Customer you without charge up to certain limits as described in the Documentation. Usage over these limits would require Customer’s requires your purchase of additional resources or services. Customer agrees You agree that PCSSavvyDox, in its sole discretion and for any or no reason, may terminate Customer’s your access to the Free Services or any part thereof. Customer agrees You agree that any termination of Customer’s your access to the Free Services may be without prior notice, and Customer agrees you agree that PCS SavvyDox will not be liable to Customer you or any third party for such termination. Customer is You are solely responsible for exporting Customer Your Data from the Free Services prior to termination of Customer’s Your access to the Free Services for any reason, provided that if PCS terminates Customer’s We terminate your account, except as required by law PCS We will provide Customer you a reasonable opportunity to retrieve its Customer Your Data. NOTWITHSTANDING THE “SECTIONS 9 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION ) AND “10.1 (INDEMNIFICATION BY PCS” SECTION BELOWUS), THE FREE SERVICES ARE SERVICESARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY AND PCS SAVVYDOX SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE FREE SERVICES UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE PCS’S LIABILITY WITH RESPECT TO THE FREE SERVICES SHALL NOT EXCEED GBP 1,000.00SERVICES. WITHOUT LIMITING THE FOREGOING, PCS SAVVYDOX AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER YOU THAT: (A) CUSTOMER’S YOUR USE OF THE FREE SERVICES WILL MEET CUSTOMER’S YOUR REQUIREMENTS, (B) CUSTOMER’S YOUR USE OF THE FREE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE FREE SERVICES WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “SECTION 11.1 (LIMITATION OF LIABILITY” SECTION BELOW), CUSTOMER YOU SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO PCS SAVVYDOX AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF CUSTOMER’S YOUR USE OF THE FREE SERVICES, ANY BREACH BY CUSTOMER YOU OF THIS AGREEMENT AND ANY OF CUSTOMER’S YOUR INDEMNIFICATION OBLIGATIONS HEREUNDER.
Appears in 1 contract
Samples: Master Subscription Agreement
Free Services. PCS PASSFORT may make Free Services available to Customer. Use of Free Services is subject to the terms and conditions of this Agreement. In the event of a conflict between this section and any other portion of this Agreement, this section shall control. Free Services may be are provided to Customer without charge up to certain limits as described in the Documentation. Usage over these limits would require requires Customer’s purchase of additional resources or services. Customer agrees that PCSPASSFORT, in its sole discretion and for any or no reason, may terminate Customer’s access to the Free Services or any part thereof. Customer agrees that any termination of Customer’s access to the Free Services may be without prior notice, and Customer agrees that PCS PASSFORT will not be liable to Customer or any third party for such termination. Customer is solely responsible for exporting Customer Data from the Free Services prior to termination of Customer’s access to the Free Services for any reason, provided that if PCS PASSFORT terminates Customer’s account, except as required by law PCS PASSFORT will provide Customer a reasonable opportunity to retrieve its Customer Data. NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION AND “INDEMNIFICATION BY PCSPASSFORT” SECTION BELOW, THE FREE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY AND PCS PASSFORT SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE FREE SERVICES UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE PCSPASSFORT’S LIABILITY WITH RESPECT TO THE FREE SERVICES SHALL NOT EXCEED GBP £1,000.00. WITHOUT LIMITING THE FOREGOING, PCS PASSFORT AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE FREE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF THE FREE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE FREE SERVICES WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION BELOW, CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO PCS PASSFORT AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF CUSTOMER’S USE OF THE FREE SERVICES, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER.
Appears in 1 contract
Samples: Master Subscription Agreement
Free Services. PCS Privaini may make Free Services available to Customer. Use of Free Services is subject to the terms and conditions of this Agreement. In the event of a conflict between this section and any other portion of this Agreement, this section shall control. Free Services may be provided to Customer without charge up to certain limits as described in the Documentation. Usage over these limits would require Customer’s purchase of additional resources or services. Customer agrees that PCS, in its sole discretion and for any or no reason, may terminate Customer’s access to the Free Services or any part thereof. Customer agrees that any termination of Customer’s access to the Free Services may be without prior notice, and Customer agrees that PCS Privaini will not be liable to Customer or any third party for such termination. Customer is solely responsible for exporting Customer Data from the Free Services prior to termination of Customer’s access to the Free Services for any reason, provided that if PCS Privaini terminates Customer’s account, except as required by law PCS Xxxxxxx will provide Customer a reasonable opportunity to retrieve its Customer Data. NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION AND “INDEMNIFICATION BY PCSPRIVAINI” SECTION BELOW, THE FREE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY AND PCS PRIVAINI SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE FREE SERVICES UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE PCSPRIVAINI’S LIABILITY WITH RESPECT TO THE FREE SERVICES SHALL NOT EXCEED GBP $1,000.00. WITHOUT LIMITING THE FOREGOING, PCS PRIVAINI AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE FREE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF THE FREE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE FREE SERVICES WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION BELOW, CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO PCS PRIVAINI AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF CUSTOMER’S USE OF THE FREE SERVICES, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER.
Appears in 1 contract
Samples: Software as a Service
Free Services. PCS HSPL may make Free Services available to CustomerSubscriber. Use of Free Services is subject to the terms and conditions of this Agreement. In the event of a conflict between this section and any other portion of this Agreement, this section shall control. Free Services may be are provided to Customer Subscriber without charge up to certain limits as described in the Documentation. Usage over these limits would require Customerrequires Subscriber’s purchase of additional resources or services. Customer Subscriber agrees that PCSHSPL, in its sole discretion and for any or no reason, may terminate CustomerSubscriber’s access to the Free Services or any part thereof. Customer Subscriber agrees that any termination of CustomerSubscriber’s access to the Free Services may be without prior notice, and Customer Subscriber agrees that PCS HSPL will not be liable to Customer Subscriber or any third party for such termination. Customer Subscriber is solely responsible for exporting Customer Subscriber Data from the Free Services prior to termination of CustomerSubscriber’s access to the Free Services for any reason, provided that if PCS HSPL terminates CustomerSubscriber’s account, except as required by law PCS HSPL will provide Customer Subscriber a reasonable opportunity to retrieve its Customer Subscriber Data. NOTWITHSTANDING THE Notwithstanding the clauses related to representations, warranties, exclusive remedies, disclaimers and indemnification in this agreement, the free services are provided “REPRESENTATIONSas-is” without any warranty and HSPL shall have no indemnification obligations nor liability of any type with respect to the free services unless such exclusion of liability is not enforceable under applicable law in which case HSPL’s liability with respect to the free services shall not exceed INR 10,000.00. Without limiting the foregoing, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION AND “INDEMNIFICATION BY PCS” SECTION BELOW, THE FREE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY AND PCS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE FREE SERVICES UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE PCS’S LIABILITY WITH RESPECT TO THE FREE SERVICES SHALL NOT EXCEED GBP 1,000.00. WITHOUT LIMITING THE FOREGOING, PCS AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THATHSPL and its affiliates and its licensors do not represent or warrant to Subscriber that: (Aa) CUSTOMER’S USE OF THE FREE SERVICES WILL MEET CUSTOMER’S REQUIREMENTSSubscriber’s use of the free services will meet Subscriber’s requirements, (Bb) CUSTOMER’S USE OF THE FREE SERVICES WILL BE UNINTERRUPTEDSubscriber’s use of the free services will be uninterrupted, TIMELYtimely, SECURE OR FREE FROM ERRORsecure or free from error, AND and (Cc) USAGE DATA PROVIDED THROUGH THE FREE SERVICES WILL BE ACCURATEusage data provided through the free services will be accurate. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION BELOWNotwithstanding anything to the contrary in the clauses related to limitation of liability in this agreement, CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO PCS AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF CUSTOMER’S USE OF THE FREE SERVICESSubscriber shall be fully liable under this agreement to HSPL and its affiliates for any damages arising out of Subscriber’s use of the free services, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDERany breach by Subscriber of this agreement and any of Subscriber’s indemnification obligations hereunder.
Appears in 1 contract
Samples: Master Agreement
Free Services. PCS CSA may make Free Services available to CustomerYou. Use of Free Services is subject to the terms and conditions of this Agreement. In the event of a conflict between this section Section 2.2 (Free Services) and any other portion of this Agreement, this section shall control. Please note that Free Services may be are provided to Customer you without charge up to certain limits as described in the Documentation. Usage over these limits would require Customer’s requires your purchase of additional resources or services. Customer agrees You agree that PCSCSA, in its sole discretion and for any or no reason, may terminate Customer’s your access to the Free Services or any part thereof. Customer agrees You agree that any termination of Customer’s your access to the Free Services may be without prior notice, and Customer agrees you agree that PCS CSA will not be liable to Customer you or any third party for such termination. Customer is You are solely responsible for exporting Customer Your Data from the Free Services prior to termination of Customer’s Your access to the Free Services for any reason, provided that if PCS terminates Customer’s We terminate your account, except as required by law PCS We will provide Customer you a reasonable opportunity to retrieve its Customer Your Data. NOTWITHSTANDING THE “SECTIONS 9 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION ) AND “10.1 (INDEMNIFICATION BY PCS” SECTION BELOWUS), THE FREE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY AND PCS CSA SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE FREE SERVICES UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE PCS’S LIABILITY WITH RESPECT TO THE FREE SERVICES SHALL NOT EXCEED GBP 1,000.00SERVICES. WITHOUT LIMITING THE FOREGOING, PCS CSA AND ITS AFFILIATES ITSAFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER YOU THAT: (A) CUSTOMER’S YOUR USE OF THE FREE SERVICES WILL MEET CUSTOMER’S YOUR REQUIREMENTS, (B) CUSTOMER’S YOUR USE OF THE FREE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE FREE SERVICES WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “SECTION 11.1 (LIMITATION OF LIABILITY” SECTION BELOW), CUSTOMER YOU SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO PCS CSA AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF CUSTOMER’S YOUR USE OF THE FREE SERVICES, ANY BREACH BY CUSTOMER YOU OF THIS AGREEMENT AND ANY OF CUSTOMER’S YOUR INDEMNIFICATION OBLIGATIONS HEREUNDER.
Appears in 1 contract
Samples: Master Subscription Agreement
Free Services. PCS TORO may make Free Services available to CustomerYou. Use of Free Services is subject to the terms and conditions of this Agreement. In the event of a conflict between this section Section 2.2 (Free Services) and any other portion of this Agreement, this section shall control. Please note that Free Services may be are provided to Customer you without charge up to certain limits as described in the Documentation. Usage over these limits would require Customer’s requires your purchase of additional resources or services. Customer agrees You agree that PCSTORO, in its sole discretion and for any or no reason, may terminate Customer’s your access to the Free Services or any part thereof. Customer agrees You agree that any termination of Customer’s your access to the Free Services may be without prior notice, and Customer agrees you agree that PCS TORO will not be liable to Customer you or any third party for such termination. Customer is You are solely responsible for exporting Customer Your Data from the Free Services prior to termination of Customer’s Your access to the Free Services for any reason, provided that if PCS terminates Customer’s We terminate your account, except as required by law PCS We will provide Customer you a reasonable opportunity to retrieve its Customer Your Data. NOTWITHSTANDING THE “REPRESENTATIONSN OTWITHSTAN DIN G SECTION S 9 (REPRESEN TATION S, WARRANTIESWARRAN TIES, EXCLUSIVE REMEDIES AND AN D DISCLAIMERS” SECTION AND “INDEMNIFICATION ) AN D 10. (IN DEMN IFICATION BY PCS” SECTION BELOWUS), THE FREE SERVICES ARE PROVIDED “"AS-IS” " WITHOUT ANY WARRANTY AND PCS AN Y XXXXXX XX AN D TORO SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE N O IN DEMN IFICATION OBLIGATION S WITH RESPECT TO THE FREE SERVICES UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE PCS’S LIABILITY WITH RESPECT TO THE FREE SERVICES SHALL NOT EXCEED GBP 1,000.00SERVICES. WITHOUT LIMITING LIMITIN G THE FOREGOINGFOREGOIN G, PCS AND TORO AN D ITS AFFILIATES AND AN D ITS LICENSORS LICEN SORS DO NOT REPRESENT N OT REPRESEN T OR WARRANT WARRAN T TO CUSTOMER YOU THAT: (A) CUSTOMER’S YOUR USE OF THE FREE SERVICES WILL WIL MEET CUSTOMER’S REQUIREMENTSYOUR REQUIREMEN TS, (B) CUSTOMER’S YOUR USE OF THE FREE SERVICES WILL BE UNINTERRUPTEDUN IN TERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND AN D (C) USAGE DATA PROVIDED THROUGH THE FREE SERVICES WILL BE ACCURATE. NOTWITHSTANDING ANYTHING N OTWITHSTAN DIN G AN YTHIN G TO THE CONTRARY CON TRARY IN THE “SECTION 11.1 (LIMITATION OF LIABILITY” SECTION BELOW), CUSTOMER YOU SHALL BE FULLY LIABLE UNDER UN DER THIS AGREEMENT AGREEMEN T TO PCS AND TORO AN D ITS AFFILIATES FOR ANY AN Y DAMAGES ARISING ARISIN G OUT OF CUSTOMER’S YOUR USE OF THE FREE SERVICES, ANY AN Y BREACH BY CUSTOMER YOU OF THIS AGREEMENT AND ANY AGREEMEN T AN D AN Y OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDERYOUR IN DEMN IFICATION OBLIGATION S HEREUN DER.
Appears in 1 contract
Samples: Master Subscription Agreement
Free Services. PCS Glotelligence may make Free Services Optimiser’s free services available to the Customer. Use of Free Services free services is subject to the terms and conditions of this Agreementagreement. In the event of a conflict between this section and any other portion of this Agreementagreement, this section shall control. Free Services may be services are provided to the Customer without charge up to certain limits as described in the Documentationlimits. Usage over these limits would require Customer’s requires the Customer to purchase of additional resources or services. The Customer agrees that PCSGlotelligence, in its sole discretion and for any or no reason, may terminate the Customer’s access to the Free Services free services or any part thereof. The Customer agrees that any termination of the Customer’s access to the Free Services free services may be without prior notice, and the Customer agrees that PCS Glotelligence will not be liable to the Customer or any third party for such termination. The Customer is solely responsible for exporting Customer Data customer data from the Free Services free services prior to termination of the Customer’s access to the Free Services free services for any reason, provided that if PCS Glotelligence terminates the Customer’s account, except as required by law PCS . Glotelligence will provide the Customer a reasonable opportunity to retrieve its customer data. Notwithstanding the “representations, warranties, exclusive remedies and disclaimers” section below, the free services are provided “as-is” without any warranty and Glotelligence shall have no indemnification obligations nor liability of any type with respect to the free services unless such exclusion of liability is not enforceable under applicable law in which case Glotelligence’s liability with respect to the free services shall not exceed £1,000.00 (one thousand pounds). Without limiting the foregoing, Glotelligence and its affiliates and its licensors do not represent or warrant to the Customer Data. NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION AND “INDEMNIFICATION BY PCS” SECTION BELOW, THE FREE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY AND PCS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE FREE SERVICES UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE PCS’S LIABILITY WITH RESPECT TO THE FREE SERVICES SHALL NOT EXCEED GBP 1,000.00. WITHOUT LIMITING THE FOREGOING, PCS AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THATthat: (Aa) CUSTOMER’S USE OF THE FREE SERVICES WILL MEET CUSTOMER’S REQUIREMENTSthe Customer’s use of the free services will meet the Customer’s requirements, (Bb) CUSTOMER’S USE OF THE FREE SERVICES WILL BE UNINTERRUPTEDthe Customer’s use of the free services will be uninterrupted, TIMELYtimely, SECURE OR FREE FROM ERRORsecure or free from error, AND and (Cc) USAGE DATA PROVIDED THROUGH THE FREE SERVICES WILL BE ACCURATEusage data provided through the free services will be accurate. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE Notwithstanding anything to the contrary in the “LIMITATION OF LIABILITYlimitation of liability” SECTION BELOWsection below, CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO PCS AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF CUSTOMER’S USE OF THE FREE SERVICESthe Customer shall be fully liable under this agreement to Glotelligence and its affiliates for any damages arising out of the Customer’s use of the free services, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDERany breach by the Customer of this Agreement and any of the Customer’s indemnification obligations hereunder.
Appears in 1 contract
Samples: Master Subscription Agreement
Free Services. PCS WS may make Free Services available to CustomerYou. Use of Free Services is subject to the terms and conditions of this ofthis Agreement. In the event of a conflict between this section and any other portion of this Intheevent ofaconflictbetweenthis Section2.2(FreeServices)andanyotherportionofthis Agreement, this section shall control. Please note that Free Services may be are provided to Customer you without charge up to certain limits as described in the Documentationwebsite. Usage over these limits would require Customer’s requires your purchase of additional resources or services. Customer agrees You agree that PCSWS, in its sole discretion and for any initssolediscretion andforany or no reason, may terminate Customer’s mayterminate youraccess tothe Free Services or anypart thereof. Youagreethat anytermination of your access to the Free Services or any part thereof. Customer agrees that any termination of Customer’s access to the Free Services may be without prior maybewithoutprior notice, and Customer agrees that PCS youagreethat WS will not be liable to Customer you or any third party for such termination. Customer is You are solely responsible for exporting Customer Your Data from the Free Services prior to termination of Customer’s Your access to the Free Services for any reason, provided that if PCS terminates Customer’s We terminate your account, except as required by law PCS We will provide Customer you a reasonable opportunity to retrieve its Customer Your Data. NOTWITHSTANDING THE “SECTIONS 9 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION ) AND “10.1 (INDEMNIFICATION BY PCS” SECTION BELOWUS), THE FREE SERVICES ARE SERVICESARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY AND PCS WS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE FREE SERVICES UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE PCS’S LIABILITY WITH RESPECT TO THE FREE SERVICES SHALL NOT EXCEED GBP 1,000.00SERVICES. WITHOUT LIMITING THE FOREGOING, PCS WS AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER YOU THAT: (A) CUSTOMER’S YOUR USE OF THE FREE SERVICES WILL MEET CUSTOMER’S YOUR REQUIREMENTS, (B) CUSTOMER’S YOUR USE OF THE FREE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (CAND(C) USAGE DATA PROVIDED THROUGH THE FREE SERVICES WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “SECTION 11.1 (LIMITATION OF LIABILITY” SECTION BELOW), CUSTOMER YOU SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO PCS WS AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF CUSTOMER’S YOUR USE OF THE FREE SERVICES, ANY BREACH BY CUSTOMER YOU OF THIS AGREEMENT AND ANY OF CUSTOMER’S YOUR INDEMNIFICATION OBLIGATIONS HEREUNDER.
Appears in 1 contract
Samples: Subscription Agreement
Free Services. PCS Kandji may make Free Services available to CustomerYou. Use Access to and use of the Free Services is subject to the terms and conditions of this Agreement. In the event of a conflict between this section Section and any other portion of this Agreement, this section Section shall control. Free Services may be are provided to Customer You without charge up to certain limits as described in the Documentation. Usage over these limits would require Customer’s requires Your purchase of additional resources or servicessubscriptions to the Services. Customer agrees You agree that PCSKandji, in its sole discretion and for any or no reason, may terminate Customer’s Your use of or access to the Free Services or any part thereof. Customer agrees You agree that any termination of Customer’s Your use of or access to the Free Services may be without prior notice, and Customer agrees You agree that PCS Kandji will not be liable to Customer You or any third party for such termination. Customer is You are solely responsible for exporting Customer Your Data from the Free Services Services, if applicable, prior to termination of Customer’s Your access to the Free Services for any reason, provided that if PCS Kandji terminates Customer’s Your account, except as required by law PCS law, Kandji will provide Customer You a reasonable opportunity to retrieve its Customer DataYour Data for up to thirty (30) days from the effective date of termination by Kandji. NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION AND “INDEMNIFICATION BY PCSKANDJI” SECTION BELOW, THE FREE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY AND PCS KANDJI SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE FREE SERVICES UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE PCSKANDJI’S LIABILITY WITH RESPECT TO THE FREE SERVICES SHALL NOT EXCEED GBP 1,000.00$500.00. WITHOUT LIMITING THE FOREGOING, PCS KANDJI AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE FREE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF THE FREE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE FREE SERVICES WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION BELOW, CUSTOMER YOU SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO PCS KANDJI AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF CUSTOMER’S YOUR OR YOUR USERS’ USE OF THE FREE SERVICES, ANY BREACH BY CUSTOMER YOU OR YOUR USERS OF THIS AGREEMENT AGREEMENT, AND ANY OF CUSTOMER’S YOUR INDEMNIFICATION OBLIGATIONS HEREUNDER.
Appears in 1 contract
Samples: Master Subscription Agreement
Free Services. PCS GIKKO may make Free Services available to Customer. Use of Free Services is subject to the terms and conditions of this Agreement. In the event of a conflict between this section and any other portion of this Agreement, this section shall control. Free Services may be are provided to Customer without charge up to certain limits as described in the Documentation. Usage over these limits would require requires Customer’s purchase of additional resources or services. Customer agrees that PCSGIKKO, in its sole discretion and for any or no reason, may terminate Customer’s access to the Free Services or any part thereof. Customer agrees that any termination of Customer’s access to the Free Services may be without prior notice, and Customer agrees that PCS GIKKO will not be liable to Customer or any third party for such termination. Customer is solely responsible for exporting Customer Data from the Free Services prior to termination of Customer’s access to the Free Services for any reason, provided that if PCS GIKKO Inc terminates Customer’s account, except as required by law PCS GIKKO will provide Customer a reasonable opportunity to retrieve its Customer Data. NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION AND “INDEMNIFICATION BY PCSGIKKO Inc” SECTION BELOW, THE FREE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY AND PCS GIKKO Inc SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE FREE SERVICES UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE PCS’S LIABILITY WITH RESPECT TO THE FREE SERVICES SHALL NOT EXCEED GBP 1,000.00LAW. WITHOUT LIMITING THE FOREGOING, PCS GIKKO Inc AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE FREE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF THE FREE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE FREE SERVICES WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION BELOW, CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO PCS GIKKO AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF CUSTOMER’S USE OF THE FREE SERVICES, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER.
Appears in 1 contract
Samples: Gikko Master Subscription Agreement
Free Services. PCS Netreo may make Free Services available to Customer. Use of Free Services is subject to the terms and conditions of this Agreement. In the event of a conflict between this section and any other portion of this Agreement, this section shall control. Free Services may be are provided to Customer without charge up to certain limits as described in the Documentationservice documentation. Usage over these limits would require requires Customer’s purchase of additional resources or services. Customer agrees that PCSNetreo, in its sole discretion and for any or no reason, may terminate Customer’s access to the Free Services or any part thereof. Customer agrees that any termination of Customer’s access to the Free Services may be without prior notice, and Customer agrees that PCS Netreo will not be liable to Customer or any third party for such termination. Customer is solely responsible for exporting Customer Data from the Free Services prior to termination of Customer’s access to the Free Services for any reason, provided that if PCS Netreo terminates Customer’s account, except as required by law PCS Netreo will provide Customer a reasonable opportunity to retrieve its Customer Data. NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION AND “INDEMNIFICATION BY PCSNetreo” SECTION BELOW, THE FREE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY AND PCS Netreo SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE FREE SERVICES UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE PCSNETREO’S LIABILITY WITH RESPECT TO THE FREE SERVICES SHALL NOT EXCEED GBP 1,000.00$100.00. WITHOUT LIMITING THE FOREGOING, PCS NETREO AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE FREE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF THE FREE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE FREE SERVICES WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION BELOW, CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO PCS AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF CUSTOMER’S USE OF THE FREE SERVICES, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER.:
Appears in 1 contract
Samples: Master Subscription Agreement