Master Subscription Agreement. This Master Subscription Agreement may be updated from time to time by Dynatrace, provided that no such update or modification will apply to Order Forms previously executed between the parties.
Master Subscription Agreement. This Master Subscription Agreement, together with any addenda, (this “Agreement”) shall govern Subscriber’s (as defined below) access and use of the Cloud Services (as defined below) provided by Brightly Software (“Company”). This Agreement may be accepted by either clicking a box indicating acceptance, by reseller purchase, by executing an Order that references this Agreement or by otherwise accessing or using an Offering. Subscriber agrees to the terms of this Agreement by clicking the button or using any Offering and therefore indicates that Subscriber has read, understood, and accepted this Agreement. If Subscriber does not accept, Subscriber must not use any Offering and must return any Offering to Company or its authorized reseller or partner prior to use.
Master Subscription Agreement. This Master Subscription Agreement commences on the Effective Date and continues for a period of five (5) years thereafter, unless terminated earlier as provided in this Section.
Master Subscription Agreement. Severity Definition Response Time Severity 1 A condition whereby the product is substantially inoperable in a post-launch production instance with a high impact to multiple users of the site and a mutually agreed upon workaround has not been Implemented in such a way that the Issue has been mitigated. Less than [**] response time [**] Severity 2 A condition whereby a substantial product feature is not working or a substantial performance problem exists which causes the product to perform poorly, impacting multiple users of the site. A workaround is available and can be implemented. [**] (as hereinafter defined Severity 3 A condition whereby the product malfunctions but user operation is not substantially impacted. Also appropriate for “How-to Questions” and other low impact product inquiries. [**] Severity 4 A condition whereby a cosmetic product or documentation error exists and user operation is not impacted. Also appropriate for product enhancement requests. [**] By design, the Demandware platform provides the customer with full control of the storefront, including the ability to make and deploy changes to the storefront. Customers are responsible for following best practices when making and deploying these changes to ensure the integrity and quality of the site is not compromised. Should a customer deploy changes which result in a Severity 1 or Severity 2 situation, our mutually agreed resolution plan would be to rollback the changes, stabilize the site and work to resolve the problem as a Severity 3 case in a controlled environment. Examples of Severity 1 & 2 Issues What Is What Is Not Severity 1 [**] [**] Severity 2 [**] [**] Customer has the ability to choose the severity of a support case when logging an incident, however, Customer shall follow the above outlined Severity definitions when doing so. Deviations from these definitions will be managed on a case by case basis, however should a pattern of repeated deviation exist, Demandware will take necessary corrective steps, such as revoking case logging privileges from relevant contacts.
Master Subscription Agreement. In consideration of the Subscription fees to be paid by Customer and the covenants herein, LXE agrees to maintain the Product(s) identified on Exhibit A, as revised from time to time by the parties, according to this Agreement and the Subscription Schedule, the form of which is attached on the cover page. Each Subscription Schedule shall be consecutively numbered and annexed hereto.
Master Subscription Agreement. To give you an overview of the changes in the documents, we have made a comparison between the old and new agreements below. In this comparison we have highlighted the key changes to note. This comparison is only in English. The Data Processing Agreement is commented in section 9 in the table below. Commented [SO3]: We have added a number of new definitions to make the agreement easier to read and introduced new terns (like “Metered Services”).
Master Subscription Agreement. Prior to executing this Agreement, the parties have complied with their respective obligations under Section 3.5(c) of Washington Master Contract No.: 05116. In the event that State of Washington IT standards and requirements referenced in Section 3.5(c) of Washington Master Contract No.:05116 or any other State of Washington records retention/management, privacy or security regulations or laws change and Customer concludes that use of the Services would not be in compliance with such standards, regulations or requirements, the parties shall work together in good faith to identify and implement mitigating controls to bring the Services into compliance and, if they are unable to reach agreement on such mitigating controls, the parties will use the dispute resolution process in Section 10.11 (Dispute Resolution) to determine whether Customer can and will configure the Service to enable compliance, or whether Workday can and will modify the Service to enable compliance. If, however, the parties are unable to resolve the matter within sixty (60) days of Customer’s notice to Workday, Customer may, without incurring any termination or early cancellation related liability, terminate this Agreement or the affected Services upon written notice to Workday.
Master Subscription Agreement. Termination) shall not be limited by the caps in this Section 8.1 (Limitation of Liability), but payment of any such Early Termination Fees shall be applied against such caps (i.e., it will operate to reduce Customer’s liability for any other claims by Workday).
Master Subscription Agreement. Proposal”). Workday may accept or reject a Refresh Proposal in its discretion. If Workday fails to accept a Refresh Proposal in writing within thirty (30) calendar days after its receipt thereof, Customer may by written notice to Workday terminate this Agreement as a whole (including all Order Forms) , effective as of the date specified in its notice of termination, without obligation to pay any termination fee or similar charge. For the avoidance of doubt, (I) Workday’s failure to accept a Refresh Proposal shall not constitute a breach of this Agreement and shall not give rise to any separate liability for Workday other than an obligation to issue to Customer a full (without regard to the remaining liability limits under Subsection 8.1(a) or (b)) refund of any prepaid fees for the affected Service that were to be provided after the effective date of termination (as may be extended by the Transition Period), and (II) Customer’s exercising of its termination right under this Subsection 9.2(b) shall not waive or otherwise effect or limit its other rights and remedies under this Agreement, including rights and remedies arising from any breaches by Workday that gave rise to Customer’s termination right under this Section 9.2(b). In the event the Agreement is terminated, all Order Forms are simultaneously terminated. Customer shall continue to pay for the Service until the effective date of the termination.
Master Subscription Agreement do so. OFM will not be obligated to pay any further charges for Services after the effective date of the termination.
