Immediate Termination for Breach of Contract. In case of a severe breach of contract by the other party, both the Cus- tomer and the Vendor may terminate the Agreement without notice, pro- vided that the breach has not been demonstrably healed within 30 days of receiving the other party’s written notification of that breach. In case of termination without notice by the Vendor, the right to Use the Software ends immediately. The Vendor will not refund, neither complete nor pro rata, any Subscription fees. The Customer will immediately return to the Vendor by registered mail or comparable service all articles that are required to be kept under lock and key (cf. 5.2.2). The Vendor reserves the assertion of damages. In case of termination by the Customer for breach of contract, the Cus- tomer’s right to Use the will end immediately. The Vendor will refund Sub- scription Fees for the remainder of the Subscription Period on a pro rata basis. The Customer will immediately return to the Vendor by registered mail or comparable service all articles that are required to be kept under lock and key (cf. 5.2.2) or declare in writing their assured destruction. The Customer number and all access codes to resources of the Vendor will become inoperable on termination. Any continued technical availabil- ity does not imply the right to use.
Appears in 2 contracts
Samples: Software Subscription Agreement, Software Subscription Agreement
Immediate Termination for Breach of Contract. In case of a severe breach of contract by the other party, both the Cus- tomer and the Vendor may terminate the Agreement without notice, pro- vided provided that the breach has not been demonstrably healed within 30 days of receiving the other party’s written notification of that breach. In case of termination without notice by the Vendor, the right to Use the Software ends immediately. The Vendor will not refund, neither complete nor pro rata, any Subscription fees. The Customer will immediately imme- diately return to the Vendor by registered mail or comparable service all articles that are required to be kept under lock and key (cf. 5.2.2). The Vendor reserves the assertion of damages. In case of termination by the Customer for breach of contract, the Cus- tomer’s right to Use the will end immediately. The Vendor will refund Sub- scription Subscription Fees for the remainder of the Subscription Period on a pro rata basis. The Customer will immediately return to the Vendor by registered reg- istered mail or comparable service all articles that are required to be kept under lock and key (cf. 5.2.2) or declare in writing their assured destruction. The Customer number and all access codes to resources of the Vendor will become inoperable on termination. Any continued technical availabil- ity avail- ability does not imply the right to use.
Appears in 2 contracts
Samples: Software Subscription Agreement, Software Subscription Agreement