Common use of Hosted Solution Clause in Contracts

Hosted Solution. a. Should the ATP include a Hosted Solution, We hereby grant You a worldwide, non-exclusive licence to use our Hosted Solution for your internal business purposes during the Term as stipulated by the ATP. This licence may only be used by your officers, employees, agents and subcontractors. You may not sub-license its right to access and use the Hosted Solution; b. You must not conduct or request that any other person conduct any load testing on the Platform or Hosted Services . c. For the avoidance of doubt, downtime caused directly or indirectly by any of the following shall not be considered a breach of this agreement: (a) a Force Majeure Event, (b) a fault or failure of the internet or any public telecommunications network, (c) a fault or failure of the Customer's computer systems or networks, (d) any breach by the Customer of this agreement; or (e) scheduled maintenance carried out in accordance with this agreement. We will use commercially reasonable efforts to mitigate downtime and ensure the security and integrity of Your Data all the while keeping You informed by email about the event and its resolution. d. You 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. e. For the avoidance of doubt, You do not have rights to access the software code (including object code, intermediate code and source code) of the Platform, either during or after the Term. f. We are continuously improving our Hosted Solutions and may apply updates from time to time. For updates or planned maintenance that may affect the availability of Your Hosted Solution, We will provide you with 72 hours notice. In the rare instance where an update is required within 72 hours, We will provide you with as much notice as possible for unplanned emergency updates.