LICENSOR’S UNDERTAKINGS. Licensor shall:
LICENSOR’S UNDERTAKINGS. The Licensor shall:
5.1. Provide access to the Licensed Material via the World Wide Web by means of the use of IP address authentication or by other means agreed between the National Library acting on behalf of the Licensee and the Licensor from time to time.
5.2. Make the Licensed Material available to the Licensee from the Server at the start of the Agreement Term. The Licensor will notify the Licensee at least sixty (60) days in advance of any anticipated specification change applicable to the Licensed Material. If the changes render the Licensed Material less useful in a material respect to the Licensee, the Licensee may within thirty days of such notice treat such changes as a material breach of this Agreement.
5.3. Provide sufficient Server capacity and bandwidth to support the usage of the Licensee and its Authorised and Walk-in-Users at a level commensurate with the standards of availability for information
5.4. Use its best endeavours to make the Licensed Materials available to the Licensee and to Authorised and Walk-in Users at all times and on a twenty-four-hour basis, save for routine maintenance, and to restore access to the Licensed Material as soon as possible in the event of an interruption or suspension of the service. If the online access is continuously interrupted for a period of one (1) week or more due to failure on the Licensors side, the Licensor shall refund to the Licensee that part of the Fee that is in proportion to the time that the Licensed Material has not been available due to interruptions in the online access.
5.5. Make available the electronic copy of each journal covered by this Agreement, no later than the start of business hours on the day of publication of the printed version. In the event that for technical reasons this is not possible for any particular journal, as a matter of course, such journal shall be identified at the time of licensing, together with the reasons therefore.
5.6. Provide statistics on a monthly basis by month and licensee regarding the online usage of the Licensed Material to the National Library acting on behalf of the Licensee. In addition, the Licensor will provide additional usage statistics directly to the Licensee via the
5.7. Provide web-based user training.
5.8. Use best efforts to meet the Web Content Accessibility Guidelines (WCAG) (xxxxx://xxx.x0.xxx/WAI/standards-guidelines/wcag/) in order to ensure that the Licensed Material is accessible to all the Authorized and Walk-in -Users of ...
LICENSOR’S UNDERTAKINGS. 7.1. The Licensor shall:
a. make available to the Licensee the Licensed Materials reasonably promptly after publication of the printed version. lf this is not possible for a particular journal or book due to technical reasons, such journal or book shall be identified at the time of licensing, together with the reasons therefore;
b. provide the Licensee reasonably promptly after signing a purchase or subscription agreement with information sufficient to enable access to the Licensed Materials;
c. ensure that the Server has adequate capacity and bandwidth to support the usage of the Licensee at a level commensurate with the standards of availability for information services of similar scope operating via the World Wide Web, as such standards evolve from time to time over the present Agreement;
d. use reasonable endeavors to make the Licensed Materials available to the Licensee and its Authorized Users on a twenty-four-hour basis, save for routine maintenance and to restore access to the Licensed Materials as soon as possible in the event of an interruption or suspension of the service.
LICENSOR’S UNDERTAKINGS. The Licensor shall at take all reasonable steps to maintain any existing registrations comprising the Licensor IPR and prosecute to registration any pending applications and the Licensee shall provide, at the request of the Licensor all necessary assistance in such maintenance and prosecution.
LICENSOR’S UNDERTAKINGS. The Licensor undertakes with the Licensee that It will throughout the Term use all reasonable endeavours to provide or procure the provision of the Services provided that the Licensor shall not be liable to the Licensee for any loss damage or inconvenience which may be caused by:
4.1 temporary Interruption of the Services during periods of Inspection cleaning maintenance repair renewal and/or replacement
4.2 circumstances beyond its reasonable control
LICENSOR’S UNDERTAKINGS. The Licensor agrees and undertakes:
4.1 to pay all rates taxes assessments duties charges impositions and outgoings that are now or may at any time during the Licence Period be charged, assessed or imposed on the Premises or on the owner or occupier of them and where Premises forms part of the Curraghs Wildlife Park site a reasonable and proper proportion of any outgoings imposed on such a site
4.2 To insure the structure of the Premises and the Inventory Items
4.3 To maintain and repair the interior and exterior of the Premises
LICENSOR’S UNDERTAKINGS. 7.1 The Licensor shall:
7.1.1 Make the Licensed Materials available to the Consortium and the Members from its Server or other authorized server in the media, format and time schedule specified in Schedule 1. The Licensor will notify the Consortium at least sixty (60) days in advance of any anticipated specification change applicable to the Licensed Materials. If the change renders the Licensed Materials less useful in a material respect to the Consortium and the Members, the Consortium may within thirty (30) days of such notice treat such changes as a breach of this Agreement under clause 11.1.2.
7.1.2 Use reasonable efforts to make available the electronic copy of each journal issue in the Licensed Materials not later than the day of publication of the printed version. In the event that for technical reasons this is not possible for any particular journal, as a matter of course, such journal shall be identified at the time of licensing, together with such reasons.
7.1.3 Make the Licensed Materials available to the Consortium and the Members upon the Effective Date of this Agreement.
7.1.4 Use reasonable efforts to ensure that the Server(s) referred to in clause 8.1.1 has adequate capacity and bandwidth to support the usage of the Consortium and its Members at a level commensurate with the standards of availability for information services of similar scope operating via the World Wide Web, as such standards evolve from time to time over the term of this Agreement.
7.1.5 Use reasonable efforts to ensure that Licensed Materials will be accessible and inter-operable with prevailing Web browsers including at a minimum, the most recent two major releases (current release and one release prior) and all the associated subsets. Any upgrades or functional changes to the Server will be implemented in a manner that ensures that, at a minimum, the most recent two major releases and all of the associated subsets of prevailing Web browsers at that time will continue to inter-operate with the Server and be able to access, retrieve and display the Licensed Materials.
7.1.6 Use reasonable efforts to make the Licensed Materials available to the Consortium and Authorized Users at all times and on a twenty-four hour (24) basis, save for routine maintenance but only at such times as demand for access to Licensed Materials is relatively low (which shall be notified to the Consortium in advance wherever possible), and to restore access to the Licensed Materials as soon as possi...
LICENSOR’S UNDERTAKINGS. Licensor must use commercially reasonable efforts to promote and develop the Xxxxxxxx Name and the Licensed Protocol and educate the general public about the benefits of using the Licensed Protocol through active writing of books, through active writing of articles in magazines, journals and other publications, through speaking engagements designed to teach about the benefits of the Licensed Protocol and through a variety of media including personal appearances on selected national and/or local network television and/or radio shows. In connection with such educational and promotional efforts, Xx. Xxxxxx Xxxxxxxx (“Xxxxxxxx”) shall maintain her medical license in at least one jurisdiction and use commercially reasonable best efforts to maintain or expand the scope of distribution and public awareness of the existing programs, workshops, seminars, Web site, books and articles featuring the Xxxxxxxx Name (hereafter, all of the above, collectively, the “Xxxxxxxx Educational and Promotional Efforts”).
LICENSOR’S UNDERTAKINGS. 5.1 The Licensor undertakes to make available information on upgrades to and Enhancements of the Software at no additional cost to the Licensee.
5.2 The Licensor undertakes upon the request of the Licensee to instruct members of the Licensee's staff in the use of the Software on the System for such fee (based on a time and attendance hourly rate) as may be notified from time to time by the Licensor to the Licensee.
5.3 The Licensor undertakes to do everything within the reasonable control of the Licensor to ensure that the Software is available to the Licensee for as much time as is possible. In particular, the Licensor will endeavor not to carry out any planned maintenance to the Software between the hours of 9 am and 5 pm on any business day. page. 7 of 16
5.4 The Licensor intends to provide ongoing improvements and maintenance of the Software to ensure the Software retains a high level of useful functionality. All such improvements will be made available to the Licensee during the term of this Agreement, provided that the Licensee is not in breach of any of its obligations pursuant to this Agreement.
5.5 Notwithstanding the provisions of clause 5.4 above or any other provision of this Agreement, the Licensor reserves the right to discontinue maintaining the Software. however, the Licensor will first provide the Licensee with 12 months notice of the Licensee’s intention to discontinue maintaining the Software.
5.6 If (in respect of each item of the Software) the Licensee notifies the Licensor that there is a bug in the Software, the Licensor agrees to take all reasonable steps to rectify the bug and pay all costs incurred in respect of such steps.
5.7 The Licensor undertakes to ensure the software requirements on the Licensees device is up to 3 years old. The Licensors software may operate on software older than 3 years successfully, but the Licensor to not specifically support it.
5.8 The Licensor undertakes the appropriate security safeguards for personal information across a range of areas. This includes maintaining physical security, computer and network security, communications security and personnel security as well as security for storage in the cloud.
5.9 The Licensor agrees to its obligation to notify the Licensee immediately and no more than one business day after it becomes aware of an eligible breach. The contents of the notification will include where possible:
(a) identification and contact details of the entity whose information has been b...
LICENSOR’S UNDERTAKINGS. 4.1 The Licensor warrants to this Agreement that the Licensed Materials used as contemplated by this Agreement do not infringe the copyright or any other proprietary or intellectual property rights of any person. The Licensor shall indemnify and hold the Licensee harmless from and against any loss, damage, costs, liability and expenses (including reasonable legal and professional fees) arising out of any legal action taken against the Licensee claiming actual or alleged infringement of such rights. This indemnity shall not apply if the Licensee has amended the Licensed Materials in any way not permitted by this Agreement.
