Common use of Modification To Or Discontinuation Of The Service Clause in Contracts

Modification To Or Discontinuation Of The Service. JCurve reserves the right at any time and from time to time to modify, temporarily or permanently, the Service (or any part thereof). In the event that JCurve modifies the Service in a manner which removes or disables a feature or functionality on which Customer materially relies, JCurve, at Customer’s request, shall use commercially reasonable efforts to substantially restore such functionality to Customer. In the event that JCurve is unable to substantially restore such functionality (unless enjoined from doing so by a court of competent jurisdiction), Customer shall have the right to terminate the Agreement and receive a pro-rata refund of the license fees paid under the Agreement for the terminated portion of the Term. Customer acknowledges that JCurve reserves the right to discontinue offering the Service at the conclusion of Customer’s then current Term. Customer agrees that NetSuite shall not be liable to Customer nor to any third party for any modification of the Service as described in this Section 5.8.

Modification To Or Discontinuation Of The Service. JCurve Jcurve reserves the right at any time and from time to time to modify, temporarily or permanently, the Service (or any part thereof). In the event that JCurve Jcurve modifies the Service in a manner which removes or disables a feature or functionality on which Customer materially relies, JCurveJcurve, at Customer’s request, shall use commercially reasonable efforts to substantially restore such functionality to Customer. In the event that JCurve Jcurve is unable to substantially restore such functionality (unless enjoined from doing so by a court of competent jurisdiction), Customer shall have the right to terminate the Agreement and receive a pro-rata refund of the license fees paid under the Agreement for the terminated portion of the Term. Customer acknowledges that JCurve Jcurve reserves the right to discontinue offering the Service at the conclusion of Customer’s then current Term. Customer agrees that NetSuite shall not be liable to Customer nor to any third party for any modification of the Service as described in this Section 5.8.