Common use of Hosting Services, Maintenance and Support Clause in Contracts

Hosting Services, Maintenance and Support. 3.1 Subject to clauses 3.7, 3.9 and 3.10 the Supplier shall perform the Hosting Services and Maintenance and Support services. The Service Level Agreement shall apply with effect from the start of the month after the Configuration Services have been satisfactorily completed pursuant to clause 2. 3.2 In relation to Authorised Users: (a) the Customer's access to the Hosting Services shall be limited to the agreed number of Authorised Users able to access the Software at any time (as detailed in Schedule 1); (b) the number of individual Authorised Users shall be jointly agreed between the Supplier and the Customer and will be subject to a quarterly review; (c) the Supplier will monitor the number of Authorised Users on an annual basis and shall notify the Customer should the number of Authorised Users at any time exceed the limit agreed between the parties (such notification shall also set out any additional Fees payable by Customer under this agreement resulting from such additional Authorised Users); (d) the Customer shall maintain a written list of current Authorised Users of the Software; and shall provide such list to the Supplier as may be reasonably requested by the Supplier from time to time; and (e) if the Customer exceeds the agreed number of Authorised Users (as detailed in Schedule 1) then the Supplier shall not be deemed to be in breach of any failure to meet any of its obligations in relation to Maintenance and Support (including, those set out in Schedule 5) as a result of the increased demand. 3.3 The Customer shall ensure that: (i) each Authorised User keeps a secure password for his access to and use of the Software; (ii) such password is changed no less frequently than every ninety (90) days; and (iii) each Authorised User keeps his password confidential. 3.4 Without limiting the Supplier’s other rights of audit, the Supplier may audit the Customer’s use of the Software which information shall duly be provided by the Customer. Such audit may be conducted no more than once per quarter, at the Supplier’s expense, and shall be exercised with reasonable prior notice, in a manner so as to not substantially interfere with the Customer's normal conduct of business. 3.5 Should an audit conducted pursuant to clause 3.4 reveal that passwords have been provided to individuals who are not Authorised Users then, without prejudice to the Supplier's other rights, the Customer shall promptly disable such passwords and shall not issue any new passwords to such individuals (unless or until the appropriate charges due in respect of any additional users have been paid).

Appears in 2 contracts

Samples: Clinical Services Software as a Service Agreement, Clinical Services Software as a Service Agreement

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Hosting Services, Maintenance and Support. 3.1 Subject a. If the Software is installed on Customer’s server, Customer shall ensure that the server meets the minimum required specifications as determined by Vet Space from time to clauses 3.7time. b. If the Software is offered as a cloud service, 3.9 and 3.10 Customer shall ensure that its web browser meets the Supplier minimum required specification as determined by Vet Space from time to time. c. Vet Space shall perform the Hosting Services and any Maintenance and Support servicesservices and Hosting Services to the extent included in the Order. The Service Level Agreement shall apply with effect from In addition, Vet Space will use reasonable efforts to abide by the start of Support Services Policy contained in Exhibit B, attached hereto and incorporated herein. In addition, Vet Space will use reasonable efforts to abide by the month after Cloud Hosting Services Policy contained in Exhibit C, attached hereto and incorporated herein, whenever Customer uses the Configuration Services have been satisfactorily completed pursuant to clause 2Software offered as a cloud service. 3.2 d. In relation to Authorised Licensed Users: (a) the Customer's access to the Hosting Services shall be limited to the agreed number of Authorised Licensed Users able to access set forth in the Order, such users all being employees or independent contractors of the Customer who use the Software at any time (as detailed in Schedule 1)solely for Customer’s internal business use; (b) the number of individual Authorised Users shall be jointly agreed between the Supplier and the Customer and will be subject to a quarterly review; (c) the Supplier will monitor the number of Authorised Users on an annual basis and shall notify the Customer should the number of Authorised Users at any time exceed the limit agreed between the parties (such notification shall also set out any additional Fees payable by Customer under this agreement resulting from such additional Authorised Users); (d) the Customer shall maintain a written list of current Authorised Licensed Users of the Software; , and Customer shall provide such list to the Supplier Vet Space as may be reasonably requested by the Supplier Vet Space from time to time; (c) Customer shall ensure that each Licensed User keeps a secure password for his or her use of the Software; (d) Vet Space may audit the Software regarding the username for each Licensed User at any time; and (e) if the Customer exceeds the agreed number of Authorised Users (as detailed in Schedule 1) then the Supplier shall not be deemed to be in breach of any failure to meet any of its obligations in relation to Maintenance and Support (including, those set out in Schedule 5) as a result of the increased demand. 3.3 The Customer shall ensure that: (i) each Authorised User keeps a secure password for his access to and use of the Software; (ii) such password is changed no less frequently than every ninety (90) days; and (iii) each Authorised User keeps his password confidential. 3.4 Without limiting the Supplier’s other rights of audit, the Supplier may audit the Customer’s use of the Software which information shall duly be provided by the Customer. Such audit may be conducted no more than once per quarter, at the Supplier’s expense, and shall be exercised with reasonable prior notice, in a manner so as to not substantially interfere with the Customer's normal conduct of business. 3.5 Should an audit conducted pursuant to clause 3.4 reveal reveals that passwords have been provided to individuals who are not Authorised Licensed Users thenor reveals any other unauthorized use, and without prejudice to the SupplierVet Space's other rights, the Customer shall promptly disable such passwords and shall not issue any new passwords to such individuals (unless if applicable) and Customer shall be obligated to pay Vet Space for any unauthorized use. e. In relation to the Software: (a) Vet Space hereby grants to Customer on and subject to the terms and conditions of this Contract a non-exclusive, non-transferable licence to allow Licensed Users to access the Software and to use the Software solely for the Customer's internal business purposes; (b) Customer shall not store, distribute or until transmit any Virus, or any material through the appropriate charges due in respect hosting services or Software that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; facilitates illegal activity; depicts sexually explicit images; or promotes unlawful violence, discrimination based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activities; (c) the rights provided under this clause are granted to Customer only, and shall not be considered granted to any subsidiary or holding company of Customer; (d) Customer shall use all endeavours to prevent any unauthorised access to, or use of, the Software and notify Vet Space promptly of any additional users have been paid)such unauthorised access or use. (e) Customer shall not: (i) attempt to copy, duplicate, modify, create derivative works from or distribute all or any portion of the Software; or (ii) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human- perceivable form all or any part of the Software; or (iii) access all or any part of the Software or Hosting Services in order to build a product or service which could compete with the Software and/or the Services; or (iv) use the Software or Hosting Services to provide services to third parties; or (v) transfer, temporarily or permanently, any of its rights under this Contract, or (vi) attempt to obtain, or assist third parties in obtaining, access to the Software.

Appears in 1 contract

Samples: Software License Agreement

Hosting Services, Maintenance and Support. 3.1 Subject to clauses 3.7clause 3.8, 3.9 and 3.10 the Supplier shall perform the Hosting Services and Maintenance and Support services. The Service Level Agreement Levels shall apply with effect from the start of the month after the Configuration Services have been satisfactorily completed pursuant to clause 2. 3.2 In relation to Authorised Users: (a) the Customer's ’s access to the Hosting Services shall be limited to the agreed number of concurrent Authorised Users able to access the Software at any time (as detailed in Schedule 1); (b) the number of individual concurrent Authorised Users shall be jointly agreed between the Supplier and the Customer and will be subject to a quarterly review; (c) the Supplier will monitor the number of concurrent Authorised Users on an annual basis and shall notify the Customer should the number of concurrent Authorised Users at any time exceed the limit agreed between the parties (such notification shall also set out any additional Fees payable by Customer under this agreement resulting from such additional concurrent Authorised Users); (d) the Customer shall maintain a written list of current Authorised Users of the Software; and shall provide such list to the Supplier as may be reasonably requested by the Supplier from time to time; and (e) if the Customer exceeds the agreed number of concurrent Authorised Users (as detailed in Schedule 1) then the Supplier shall not be deemed to be in breach of any failure to meet any of its obligations in relation to Maintenance and Support (including, those set out in Schedule 56) as a result of the increased demand. 3.3 The Customer shall ensure that: (i) that each Authorised User keeps a secure password for his their access to and use of the Software; (ii) , that such password is changed no less frequently than every ninety (90) days; days and (iii) that each Authorised User keeps his their password confidential. 3.4 Without limiting the Supplier’s other rights of audit, the Supplier may audit the Customer’s use of the Software which information shall duly be provided by the Customer. Such audit may be conducted no more than once per quarter, at the Supplier’s expense, and shall be exercised with reasonable prior notice, in a manner so as to not substantially interfere with the Customer's normal conduct of business. 3.5 Should an audit conducted pursuant to clause 3.4 reveal that passwords have been provided to individuals who are not Authorised Users then, without prejudice to the Supplier's other rights, the Customer shall promptly disable such passwords and shall not issue any new passwords to such individuals (unless or until the appropriate charges due in respect of any additional users have been paid).

Appears in 1 contract

Samples: Software as a Service Agreement

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Hosting Services, Maintenance and Support. 3.1 Subject to clauses 3.7, 3.9 and 3.10 the Supplier shall perform the Hosting Services and Maintenance and Support services. The Service Level Agreement shall apply with effect from the start of the month after the Configuration Services have been satisfactorily completed pursuant to clause 2. 3.2 In relation to Authorised Users: (a) the Customer's access to the Hosting Services shall be limited to the agreed number of concurrent Authorised Users able to access the Software at any time (as detailed in Schedule 1); (b) the number of individual concurrent Authorised Users shall be jointly agreed between the Supplier and the Customer and will be subject to a quarterly review; (c) the Supplier will monitor the number of concurrent Authorised Users on an annual basis and shall notify the Customer should the number of concurrent Authorised Users at any time exceed the limit agreed between the parties (such notification shall also set out any additional Fees payable by Customer under this agreement resulting from such additional concurrent Authorised Users); (d) the Customer shall maintain a written list of current Authorised Users of the Software; and shall provide such list to the Supplier as may be reasonably requested by the Supplier from time to time; and (e) if the Customer exceeds the agreed number of concurrent Authorised Users (as detailed in Schedule 1) then the Supplier shall not be deemed to be in breach of any failure to meet any of its obligations in relation to Maintenance and Support (including, those set out in Schedule 5) as a result of the increased demand. 3.3 The Customer shall ensure that: (i) each Authorised User keeps a secure password for his access to and use of the Software; (ii) such password is changed no less frequently than every ninety (90) days; and (iii) each Authorised User keeps his password confidential. 3.4 Without limiting the Supplier’s other rights of audit, the Supplier may audit the Customer’s use of the Software which information shall duly be provided by the Customer. Such audit may be conducted no more than once per quarter, at the Supplier’s expense, and shall be exercised with reasonable prior notice, in a manner so as to not substantially interfere with the Customer's normal conduct of business. 3.5 Should an audit conducted pursuant to clause 3.4 reveal that passwords have been provided to individuals who are not Authorised Users then, without prejudice to the Supplier's other rights, the Customer shall promptly disable such passwords and shall not issue any new passwords to such individuals (unless or until the appropriate charges due in respect of any additional concurrent users have been paid).

Appears in 1 contract

Samples: Software as a Service Agreement

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