Licensee Responsibility. A. The Licensee shall be solely responsible for the safety and protection of its employees, agents, servants, sublicensees, contractors, and subcontractors, and for the safety and protection of the employees, agents, or servants of its contractors, sublicensees, or subcontractors.
B. The Licensee shall be solely responsible for taking all reasonable precautions to protect the persons and property of the City or others from damage, loss or injury resulting from any and all of Licensee’s operations under this License.
C. As between the City and the Licensee, the Licensee shall be solely responsible for injuries to any and all persons, including death, and damage to any and all property arising out of or related to the operations under this License, whether or not due to the negligence of the Licensee, including but not limited to injuries or damages resulting from the acts or omissions of any of its employees, agents, servants, sublicensees, contractors, subcontractors, or any other person. Notwithstanding the foregoing, Licensee shall not be responsible for injuries or damages to the extent due to the negligence or intentional misconduct of the City or its officials and employees.
D. The Licensee shall use the Licensed Premises in compliance with, and shall not cause or permit the Licensed Premises to be used in violation of, any and all federal, state or local environmental, health and/or safety-related laws, regulations, standards, decisions of the courts, permits or permit conditions, currently existing or as amended or adapted in the future which are or become applicable to the Licensee or the Licensed Premises (collectively “Environmental Laws”). Except as may be agreed by the City as part of this License, Licensee shall not cause or permit, or allow any of the Licensee’s personnel to cause or permit, any Hazardous Materials to be brought upon, stored, used, generated, treated or disposed of on the Licensed Premises. As used herein, “Hazardous Materials” means any chemical, substance or material which is now or becomes in the future listed, defined or regulated in any manner by any Environmental Law based upon, directly or indirectly, its properties or effects.
Licensee Responsibility. Licensee agrees to protect its Agents and Invitees in its operations on the License Area from hazards associated with Hazardous Materials in accordance with all Environmental Laws and also agrees, for itself and on behalf of its Agents and Invitees, that during its use and occupancy of the License Area, each of them:
(a) will not permit any Hazardous Materials to be present in, on, under or about the License Area, any other part of the Facility, or other Port property except as permitted under Section 15.1 (Requirements for Handling);
(b) will not cause or permit any Hazardous Material Condition; and
(c) will comply with all Environmental Laws relating to the License Area and any Hazardous Material Condition, and will not engage in or permit any activity at the License Area or any other Port property, or in the operation of any vehicles or vessels used in connection with the License Area in violation of any Environmental Laws.
Licensee Responsibility. Licensee shall be responsible for the Station's compliance with all applicable provisions of the Act, the rules, regulations and policies of the FCC and all other applicable laws. Licensee represents that it holds all permits and authorizations necessary for the operation of the Station including all FCC permits and authorizations. Licensee will continue to hold such permits and authorizations throughout the life of this Agreement and to maintain them in full force and effect.
Licensee Responsibility. 6.1 Licensee acknowledges that in order to receive Maintenance Services in respect of a possible Error, Licensee is responsible for providing documentation sufficient for Licensor to reproduce the possible Error on a master copy of the Software, including, without limitation, a written, detailed description of the possible Error, log files, data files, and any other information requested by Licensor.
Licensee Responsibility. Licensee is solely responsible for, and Nuance shall have no liability with respect to: (a) the style and content of all communications and data conveyed to users of the Hosted Services; (b) compliance with all applicable governmental, legal and regulatory requirements and laws concerning the information requested of Licensee’s users, calls made to Licensee’s users and the delivery and content of any promotional or other messages to such users; (c) the collection of personally identifiable information of individuals obtained in providing Hosted Services; (d) all Licensee branding elements; (e) the recording or logging of calls or sessions as part of the Hosted Services; and (f) obtaining all necessary consents under applicable laws and regulations in order to allow Nuance to use the Data in accordance with this Section. Licensee shall not use the Hosted Services in connection with an online site, service, or product that is directed to children under the age of 16, nor knowingly send Nuance Data containing personal information from children under the age of 16.
Licensee Responsibility. In the event Licensor determines that the problem reported by Licensee is directly related to unauthorized alterations of the Software by Licensee, then
(i) Licensor may charge for employee time expended in accordance with Section XVII Additional Consulting Services in addition to reasonable out-of-pocket expenses.
Licensee Responsibility. Licensee acknowledges, (i) that the Software is intended as a tool only and not a guarantee of a particular outcome or result; Licensee is solely responsible for the results achieved using the Software; (ii) that Licensee has control of and is solely responsible for the security of its data while on the Server, including transit to and from the Server; and (iv) that Licensee is responsible to maintain and back up all Licensee data, including the results achieved using the Software.
Licensee Responsibility. (a) The Licensee shall be solely responsible for the safety and protection of its employees, agents, servants, sublicensees, contractors, and subcontractors, and for the safety and protection of the employees, agents, or servants of its contractors, sublicensees, or subcontractors.
(b) The Licensee shall be solely responsible for taking all reasonable precautions to protect the persons and property of the City or others from damage, loss or injury resulting from any and all operations under this License.
(c) The Licensee shall be solely responsible for injuries to any and all persons, including death, and damage to any and all property arising out of or related to the operations under this License, whether or not due to the negligence of the Licensee, including but not limited to injuries or damages resulting from the acts or omissions of any of its employees, agents, servants, sublicensees, contractors, subcontractors, or any other person.
(d) The Licensee shall use the Premises in compliance with, and shall not cause or permit the Premises to be used in violation of, any and all federal, state or local environmental, health and/or safety-related laws, regulations, standards, decisions of the courts, permits or permit conditions, currently existing or as amended or adapted in the future which are or become
Licensee Responsibility. 4.1 Licensee agrees to report suggestions for improving the service and any bugs encountered during use of the Licensed Software.
4.2 Licensee shall provide Licensor with such information as may be reasonably requested by Licensor to enable Licensor to duplicate any failure of the Licensed Software to function in accordance with Licensor’s specifications therefore.
4.3 Licensee shall provide Licensor with the names, telephone numbers and email addresses of Licensee’s ”Maintenance Services Coordinator” and an alternate authorized to receive communications related to the Licensed Software. Licensor shall communicate only with these authorized individuals for discussions of a technical nature. Licensee shall immediately notify Licensor of any change in the name, telephone number or email address of the Maintenance Services Coordinator or alternate.
4.4 In utilizing the Licensed Software, Licensee shall at all times comply with Licensor’s then-current policies on prohibited practices (the Licensor Prohibited Uses Policy), attached as Exhibit A.
4.5 Licensee agrees that each Participant Subscription is for a unique individual and that individual’s record will not in anyway be utilized to serve another individual.
4.6 As between Licensor and Licensee, Xxxxxxxx agrees that it is solely responsible for and assumes all its own liability relating to:
4.6.1 The substance of Licensee Data;
4.6.2 Decisions about Licensee’s own computer, software and communications systems used or needed to use the Licensed Software;
4.6.3 All results obtained from using the Licensed Software in conformance with its operating instructions and user documentation;
Licensee Responsibility. 6.1. Licensee shall receive certain software (the “Software”) to enable Licensee’s use of the on-line Toolkit. Licensee may make a reasonable number of copies of the Software for internal backup and for installation purposes, and as many as are necessary for its lawful use. Licensee shall not remove, overprint or deface any notice of copyright, trademark, logo, legend or other notice of ownership from any originals or copies of the Software. Licensee shall not (and shall not allow any third party to) otherwise copy, or modify, decompile, disassemble or otherwise reverse-engineer all or any part of the Software or merge the Software into any other software, except to the extent expressly authorized by law.
6.2. Licensee is responsible for placing and maintaining the link to the Portal Web Site on any of Licensee’s Web site(s) which Licensee desires to link to the Portal Web Site. The placement location of the link is at the sole discretion of Licensee.
6.3. Licensee is solely responsible for promoting the Portal Web site and Licensed Product link to its clients, employees, Web site visitors, and otherwise. Licensee will use its best efforts to promote the Portal Web site and Licensed Product link. CCH is not responsible for participating in any joint promotional campaigns with Licensee unless otherwise agreed to in writing. Licensee shall avoid deceptive, misleading, or unethical practices that are or might be detrimental to the Licensed Product, CCH, customers, or the public, including any disparagement of the Licensed Product or CCH, shall knowingly make no false or misleading representations with regard to Licensed Product or CCH, and shall refrain from publishing or employing any misleading or deceptive advertising or promotional material.
6.4. If employing essential links (see subsection 5.6(h)) into the Licensed Product, Licensee shall add CCH-provided tracking pixels at the point of entry to the Portal Web Site.
6.5. As required by the IRS, CCH will report on Form 1099 all revenue share payments made to Licensee. Licensee is responsible for providing to CCH the Licensee’s Federal Taxpayer Identification Number upon request from CCH and per IRS guidelines and requirements.
6.6. Licensee will comply with all the terms of CCH’s Privacy Policy, as in effect from time to time, with respect to any information it receives about End Users of the Licensed Product.
6.7. Licensee shall be responsible for supporting, at Licensee’s sole expense, users of Licensee...
