Hosted Services. 3.1 The Provider hereby grants to the Customer a worldwide, non-exclusive licence to use the Hosted Services for the business purposes of the Customer in accordance with the Documentation during the Term.
3.2 The Provider shall create an Account for the Customer and shall provide to the Customer login details for that Account to enable the Customer to configure and administer the Hosted Services and enable registration of Customer End Users.
3.3 Except to the extent expressly permitted in this Agreement or required by law on a non- excludable basis, the licence granted by the Provider to the Customer under Clause 3.1 is subject to the following prohibitions:
(a) the Customer must not sub-license its right to use the Hosted Services;
(b) the Customer must not make any alteration to the Platform; and
(c) the Customer must not conduct or request that any other person conduct any load testing or penetration testing on the Platform or Hosted Services without the prior written consent of the Provider.
3.5 The Customer shall use reasonable endeavours, including appropriate organisational and technical measures relating to Account access details, to ensure that no unauthorised person may gain access to the Hosted Services using an Account.
3.6 The parties acknowledge and agree that Schedule 2 (Availability SLA) shall govern the availability of the Hosted Services.
3.7 The Customer must ensure that all persons using the Hosted Services with the authority of the Customer or by means of an Account comply with the Terms Of Use.
3.8 The Customer must not use the Hosted Services in any way that causes, or may cause, damage to the Hosted Services or Platform or impairment of the availability or accessibility of the Hosted Services.
3.9 The Customer must not use the Hosted Services:
(a) in any way that is unlawful, illegal, fraudulent or harmful; or
(b) in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
3.10 For the avoidance of doubt, the Customer has no right to access the software code (including object code, intermediate code and source code) of the Platform, either during or after the Term.
3.11 The Provider may suspend the provision of the Hosted Services if any amount due to be paid by the Customer to AWS for the benefit of the Provider under this Agreement is overdue, and the Provider has given to the Customer at least 30 days' written notice, following the amount becoming overdue, of its intention to suspend the Hosted Services o...
Hosted Services. 4.1 The Provider [shall provide, or shall ensure that the Platform will provide,] to the Customer upon [the Effective Date] the Access Credentials necessary to enable the Customer to access and use the Hosted Services.
4.2 The Provider hereby grants to the Customer a [worldwide, non-exclusive] licence to use the Hosted Services[ by means of [the User Interface and the API]][ for [the internal business purposes of the Customer]][ in accordance with the Documentation] during [the Term].
4.3 The licence granted by the Provider to the Customer under Clause 4.2 is subject to the following limitations:
(a) [the User Interface may only be used through a Supported Web Browser[ or the Mobile App]];
(b) [the User Interface may only be used by [the officers, employees, agents and subcontractors of the Customer]];
(c) [the User Interface may only be used by the named users identified in [Schedule 1 (Hosted Services particulars)] OR [[identify document]], providing that the Customer may change, add or remove a designated named user in accordance with [the user change procedure defined by the Hosted Services]];
(d) [the User Interface must not be used at any point in time by more than the number of concurrent users specified in [Schedule 1 (Hosted Services particulars)] OR [[identify document]], providing that the Customer may add or remove concurrent user licences in accordance with [the licence change procedure defined by the Hosted Services]]; and
(e) [the API may only be used by an application or applications[ approved by the Provider in writing and] controlled by the Customer].
4.4 Except to the extent expressly permitted in this Agreement or required by law on a non-excludable basis, the licence granted by the Provider to the Customer under Clause 4.2 is subject to the following prohibitions:
(a) [the Customer must not sub-license its right to access and use the Hosted Services];
(b) [the Customer must not permit any unauthorised person or application to access or use the Hosted Services];
(c) [the Customer must not use the Hosted Services to provide services to third parties];
(d) [the Customer must not republish or redistribute any content or material from the Hosted Services];
(e) [the Customer must not make any alteration to the Platform[, except as permitted by the Documentation]]; and
(f) [the Customer must not conduct or request that any other person conduct any load testing or penetration testing on the Platform or Hosted Services [without the prior writte...
Hosted Services. We shall use commercially reasonable efforts to make the Hosted Services you have purchased available 24 hours a day, 7 days a week, except for: (a) planned downtime under our direct control (of which we shall give at least 8 hours notice via the Hosted Services and which we shall schedule to the extent practicable during the weekend hours from 6:00 p.m. Pacific time Friday to 3:00 a.m. Pacific time Monday), (b) to the extent we are notified by third party service providers of planned downtime (of which we shall provide such notice to you via the Hosted services as soon we can reasonably do so), or (c) any unavailability caused by circumstances beyond our reasonable control, including, without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, internet service or third party hosting provider failures or delays ("Force Majeure"). Hosted Services are provided in accordance with applicable laws and government regulations.
Hosted Services. 2.1 From the Target Go-Live Date the Supplier shall provide Hosted Services substantially in accordance with the SLA with reasonable skill and care in accordance with good industry practice, subject to the terms of this Contract and provided that the Supplier does not warrant that the Client’s use of Hosted Services will be uninterrupted or error free. The Supplier shall use its reasonable endeavours to meet the timescales specified in the SLA. Resolution times are targets rather than guarantees.
2.2 Subject to the Client complying at all times with the terms of this Contract, the Supplier grants to the Client a non- exclusive non-transferable licence for the duration of this Contract to: (a) permit its authorised users to use the Supplier Software via the Hosted Services for the Licensing Purpose and at all times in compliance with the Law, subject to the licensing parameters set out in the Order Form; and (b) use the Materials and Deliverables for the Licensing Purpose.
2.3 The Supplier shall not be responsible for any failure to provide Hosted Services as a result of a failure by the Client to comply with its responsibilities under this Contract and: (a) errors in or corruption of the Client Infrastructure, Connectivity Infrastructure, and/or the Client’s data; and/or (b) the occurrence of a Suspension Event.
2.4 The Supplier reserves the right at its sole discretion to suspend Hosted Services in the event of (each of which shall be a “Suspension Event”): (a) scheduled maintenance services (for which the Supplier shall give to the Client as much notice as is reasonably practicable in the circumstances); (b) a material breach by the Client of the terms of this Contract (including a failure to pay the Fees in accordance with Clause 6); (c) where ongoing use by the Client of Hosted Services has, in the Supplier’s reasonable opinion, the prospect of damaging Hosted Services or degrading performance, whether due to failures in or problems with the Client Infrastructure, failures in or problems with the Connectivity Infrastructure, or the occurrence of an Event of Force Majeure.
2.5 In the event of a failure by the Supplier to provide Hosted Services in accordance with this Contract, the Supplier will, at its expense, use all reasonable commercial efforts to correct any such failure(s) promptly (which may include the provision of a temporary workaround) in accordance with the SLA. The Supplier’s provision of corrective services in accordance with this Clause ...
Hosted Services. 2.1 An order for Hosted Services must be placed using a Sales Order. The Provider shall prepare the Sales Order to reflect description of the type, particulars of the Product(s) being purchased, the applicable fees, the Charging Method and any other terms or conditions incidental to that Sales Order.
2.2 A Sales Order shall only be effective and binding when signed by both the parties.
2.3 Subject to Clause 2.4 and Clause 6.3, the Term shall renew, under the present Terms and Conditions or amendments thereof applicable at the time of renewal, for a further duration (of the Term) unless otherwise agreed between the parties in writing.
2.4 The Client shall notify the Provider in writing at least fifteen (15) days prior to expiration of the Term that it intends to renew/extend the same. Where the Client has breached any of the terms of the Agreement during the Term, a renewal is subject to Provider’s express written consent and confirmation.
2.5 For any proposed change in the Sales Order by the Client, the Provider may require a completed CCN, in the form specified in Schedule 5 (Form of CCN), to be provided for the proposed change to take effect.
2.6 Subject to Clause 2.1, the Provider shall grant to the Client a worldwide, non-exclusive license to use the Hosted Services by means of a Supported Web Browser for identity and document verification of the Client’s customers in accordance with the Documentation during the Term.
2.7 Except to the extent expressly permitted in the Agreement or as required by law, the license granted by the Provider to the Client under Clause 2.6 is subject to the following prohibitions:
(a) the Client must not sub-license its right to access or use the Hosted Services;
(b) the Client must not permit any unauthorized person to access or use the Hosted Services;
(c) the Client must not republish or redistribute any content or material from the Hosted Services; and
(d) the Client must not make any alteration to the Platform, except as permitted by the Documentation.
2.8 The Client shall use reasonable endeavors, including reasonable security measures relating to Account access details, to ensure that no unauthorized person may gain access to the Hosted Services using the Client’s account.
2.9 The parties acknowledge and agree that Schedule 2 shall govern the availability of the Hosted Services.
2.10 The Client acknowledges that the Provider shall not be responsible for any data communicated to or transmitted to the Hosted Services. T...
Hosted Services. Except as expressly stated in a Sales Agreement, Licensee data storage of Licensee Data within the Services when provided via CUSI hosted services shall not exceed more than 10 years.
Hosted Services. If Customer is purchasing Graylog’s Hosted Service then specific Hosted Service Terms will apply and are set forth here: xxx.xxxxxxx.xxx/xxxxx/xxxxxxxxxxxxxxxxxx.
Hosted Services. Nuance will provide Company with access to and use of the Hosted Services identified in an Order during the Subscription Term of each Subscription License, subject to the terms of this Agreement. Nuance will host, operate and maintain the equipment and software comprising the Hosted Services.
Hosted Services. We shall use commercially reasonable efforts to make the Hosted Services you have purchased available 24 hours a day, 7 days a week, except for: (a) planned downtime under our direct control (of which we shall give at least 8 hours notice via the Hosted Services and which we shall schedule to the extent practicable during the weekend hours from 6:00 p.m. Pacific Standard Time Friday to 3:00 a.m. Pacific Standard Time Monday), (b)third party service provider ‘s downtime to the extent we are notified by third party service providers of planned downtime (of which we shall provide such notice to you via the Hosted services as soon we can reasonably do so), or (c) any unavailability caused by circumstances beyond our reasonable control, including, without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, internet service or third party hosting provider failures or delays ("Force Majeure"). Hosted Services are provided in accordance with applicable laws and government regulations.
Hosted Services. If Customer purchases Hosted Services pursuant to a Purchase Order, the terms and conditions in Schedule “E” will apply in addition to the terms and conditions of this Agreement.
