Common use of Free Services Clause in Contracts

Free Services. MIRAGE may make Free Services available to You. Use of Free Services is subject to the terms and conditions of this Agreement. In the event of a conflict between this Section 2.2 (Free Services) and any other portion of this Agreement, this section shall control. Please note that Free Services are provided to you without charge up to certain limits as described in the Documentation. Usage over these limits requires your purchase of additional resources or services. You agree that MIRAGE, in its sole discretion and for any or no reason, may terminate your access to the Free Services or any part thereof. You agree that any termination of your access to the Free Services may be without prior notice, and you agree that MIRAGE will not be liable to you or any third party for such termination. You are solely responsible for exporting Your Data from the Free Services prior to termination of Your access to the Free Services for any reason, provided that if We terminate your account, except as required by law We will provide you a reasonable opportunity to retrieve Your Data. NOTWITHSTANDING SECTION 9 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS), THE FREE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY. WITHOUT LIMITING THE FOREGOING, MIRAGE AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE FREE SERVICES WILL MEET YOUR REQUIREMENTS,

Appears in 2 contracts

Samples: Master Subscription Agreement, Master Subscription Agreement

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Free Services. MIRAGE Foxtrot may make Free Services available to You. Use of Free Services is subject to the terms and conditions of this Agreement. In the event of a conflict between this Section 2.2 (Free Services) and any other portion of this Agreement, this section shall control. Please note that Free Services are provided to you You without charge up to certain limits as described in the DocumentationOrder Form. Usage over these limits requires your Your purchase of additional resources or services. You agree acknowledge that MIRAGEFoxtrot, in its sole discretion and for any or no reason, may terminate your access to the Free Services or any part thereof. You agree acknowledge that any termination of your access to the Free Services may be without prior notice, and you agree that MIRAGE Foxtrot will not be liable to you You or any third party for such termination. You are solely responsible for exporting Your Data from the Free Services prior to termination of Your access to the Free Services for any reason, provided that if We terminate your Your account, except as required by law law, We will provide you a reasonable opportunity to retrieve Your Data. NOTWITHSTANDING SECTION 9 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES SECTIONS 6.6 Indemnity. AND 8. 8. WARRANTIES AND DISCLAIMERS)., THE FREE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTYWARRANTY AND FOXTROT SHALL HAVE NO OBLIGATIONS WITH RESPECT TO THE FREE SERVICES. WITHOUT LIMITING THE FOREGOING, MIRAGE AND ITS AFFILIATES AND ITS LICENSORS DO FOXTROT DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE FREE SERVICES WILL MEET YOUR REQUIREMENTS,:

Appears in 1 contract

Samples: Master Subscription Agreement

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Free Services. MIRAGE Networcx may make Free Services available to YouCustomer. Use of Free Services is subject to the terms and conditions of this Agreement. In the event of a conflict between this Section 2.2 (Free Services) section and any other portion of this Agreement, this section shall control. Please note that Free Services are provided to you Customer without charge up to certain limits as described in the Documentation. Usage over these limits requires your purchase of additional resources or services. You agree Customer agrees that MIRAGENetworcx, in its sole discretion and for any or no reason, may terminate your Customer’s access to the Free Services or any part thereof. You agree Customer agrees that any termination of your Customer’s access to the Free Services may be without prior notice, and you agree Customer agrees that MIRAGE Networcx will not be liable to you Customer or any third party for such termination. You are Customer is solely responsible for exporting Your Customer Data from the Free Services prior to termination of Your Customer’s access to the Free Services for any reason, provided that if We terminate your Networcx terminates Customer’s account, except as required by law We Networcx will provide you a reasonable opportunity Customer 20 days to retrieve Your its Customer Data. NOTWITHSTANDING SECTION 9 The free services are provided as-is without any warranty and Networcx 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 the applicable law in which case Networcx’s liability with respect to the free services shall not exceed CHF 500.00. Without limiting the foregoing, Networcx do not represent or warrant to customer that (REPRESENTATIONSi) customer’s use of the free services will meet customer’s requirements, WARRANTIES(ii) customer’s use of the free services will be uninterrupted, EXCLUSIVE REMEDIES AND DISCLAIMERS)timely, THE FREE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTYsecure or free from error, and (iii) usage data provided through the free services will be accurate. WITHOUT LIMITING THE FOREGOINGCustomer’s shall be fully liable under this agreement to Networcx for any damages arising out of the customer’s use of the free services, MIRAGE AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE FREE SERVICES WILL MEET YOUR REQUIREMENTS,any breach by customer of this agreement and any of customer’s indemnification obligations hereunder.

Appears in 1 contract

Samples: Networcx Master Subscription Agreement

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