Hosted Products. 4.1 Customer must obtain and pay for internet access and other communications required for the Hosted Product. Licensor is not responsible for delays or errors caused by such communications.
4.2 Licensor may make changes or updates to the Hosted Product at any time and may suspend the Hosted Product if there is a significant threat to its availability, security, confidentiality, and/or integrity.
4.3 Customer grants Licensor a non-exclusive licence to host its content (‘Customer Content’) for the provision of the Hosted Product. Customer Content must not: (a) be unlawful; (b) infringe IPR; (c) be deceptive, defamatory, discriminatory, harassing, sexually explicit, or cause offence or annoyance; or (d) contain malicious software. While Licensor does not control and is not responsible for monitoring Customer Content, it may delete non-compliant Customer Content without notice. Customer shall indemnify and hold Licensor harmless from and against fines, losses, damages, claims, and actions relating to Customer Content.
Hosted Products. Licensor warrants that the online hosted Products will perform substantially in accordance with the descriptions and specifications applicable to such Product for the Subscription Period (as defined in the Order Form) of the relevant Product license (the “Hosted Product Warranty Period”) under normal use. Notwithstanding anything to the contrary, Licensor makes no representation or warranty with respect to any third party software, and undertakes no obligations with respect to any third party software. Licensor’s sole liability and Licensee’s sole remedy for breach of the foregoing Product warranty during the Hosted Product Warranty Period will be, at Licensor’s option, the repair or replacement of the Product, or a refund of the prepaid subscription fees received by Licensor from Licensee for the unused portion of the Product subscription licenses under the applicable Order Form(s) from the date written notice of deficiency was received from the Licensee by Licensor.
Hosted Products. Each Hosting Agreement shall (a) specify in a schedule to the Hosting Agreement the Hosted Products in respect of the relevant Hosted Exchange, and (b) provide that the CBOT will deliver Hosting Services to the Hosted Exchange only in respect of the Hosted Products set forth in the Hosting Agreement as of the effective date of such Hosting Agreement unless the CBOT has agreed in writing to the delivery of Hosting Services in regard to any additional products.
Hosted Products. Schedule L attached hereto sets forth those derivatives products of each Hosted Exchange which LIFFE and the CBOT have agreed may be listed on and traded via the CBOT Electronic Exchange (collectively, the “Hosted Products”). Any and all additions to Schedule L as the CBOT may propose shall (a) be addressed via the Change Control Procedures, (b) consist only of Products Within CBOT Non-Exclusive Field of Use, and (c) until such time as the Xxxxxx/eSpeed Patent can no longer be infringed, fall within the relevant categories of products specified in the eSpeed Covenants.
Hosted Products. If You purchase Ariba hosting services for a Software license, any customization of the hosted system beyond standard configuration and implementation steps ("Customizations") must be approved in advance in writing by both parties. Ariba is not responsible for the impact on Customizations resulting from application of updates and patches to the hosted system. Management of Customizations by Ariba during upgrade and update processes may be available for additional fees.
Hosted Products. Subject to its obligation to order and pay for the appropriate number of Licenses in a timely fashion as set forth in Section 3.a., Company may, during the Term, make and use copies of, and provide access to, the Hosted Products strictly in accordance with the license grants, terms, conditions, limitations and restrictions contained in the applicable ASLA in effect from time to time. Microsoft shall make the then current ASLA available to Company by publication on the World Wide Web at a site identified by Microsoft to Company or made available to Company by some other reasonable means prior to the placement of any orders. Microsoft may amend the ASLA upon thirty (30) days prior written notice; provided, however, no such changes will retroactively alter the terms under which Company may use a copy of a Hosted Product previously licensed to Company. Notice of changes to the ASLA may be provided to Company via e-mail or other reasonable means determined by Microsoft. If the requirements of the preceding sentences have been complied with, the revised ASLA shall take the place of the existing version as of the effective date identified in the notice, and each copy of a Hosted Product made on or after that date shall be subject to terms thereof, as amended. By signing this Agreement, Company acknowledges that it and its Affiliates have access to the World Wide Web.
