Non-production Usage Sample Clauses

Non-production Usage. Licensee is permitted, at no additional cost, to make a reasonable number of copies of the Software only for non- production archival or cold-backup purposes. Such copies may only be installed to minimize interruption and/or replace the production installation of the Software in the event such installation is damaged or destroyed due to disaster. Licensee will ensure that each copy, if contained on physical media, includes Licensor's copyright and other proprietary notices as they appear on the Software provided by Licensor. Licensee will pay all applicable license and maintenance fees to Licensor if it installs, as a course of its business, any non-production, disaster-recovery (aka “hot back- up” or “failover”) and/or test/development copies of the Software.
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Non-production Usage. From time to time, to the extent applicable, Customer may use the Service for evaluation, testing or other purposes where such use is outside a Production Environment (e.g., by using a non-production service environment). By using the Service on such a non-production basis, Customer accepts the Service on an “as is” basis and acknowledges Standards Digital provides no express or implied warranties, indemnities or security commitments, and Standards Digital will have no liability, in connection with such use, notwithstanding anything to the contrary in this Agreement.
Non-production Usage. If Customer acquired the Software Service for evaluation, testing, demonstration or other similar purposes, any license and rights granted hereunder are valid only for such limited non-production purpose. Customer may not use the Software Service subject to such non-production license for any other purposes, including but not limited to profit-seeking purposes and use to gain technical or other information for commercial use. The non-production license is valid until the earlier of (a) the end of maximum thirty (30) days' evaluation and testing period, or (b) the start date of any purchased Subscription, or (c) termination of such non-production license by M-Files in its sole discretion. Additional terms and conditions for non-production usage may apply, and such additional terms and conditions are incorporated into this XXXX by reference and are legally binding. CUSTOMER UNDERSTANDS AND AGREES THAT THE SOFTWARE SERVICE FOR NON-PRODUCTION PURPOSES IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. NEITHER M-FILES NOR ITS LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. M-FILES DOES NOT WARRANT THAT THE SOFTWARE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SOFTWARE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS OR THAT ALL ERRORS IN THE SOFTWARE SERVICE WILL BE CORRECTED. ANY HOSTED DATA CUSTOMER ENTERS INTO THE SOFTWARE SERVICE DURING CUSTOMER’S NON-PRODUCTION PERIOD MAY BE PERMANENTLY LOST UNLESS CUSTOMER PURCHASES A SUBSCRIPTION TO THE SAME OR HIGHER PRODUCT EDITION AS USED FOR NON-PRODUCTION PURPOSES OR EXPORTS SUCH DATA BEFORE THE END OF THE NON-PRODUCTION PERIOD. CUSTOMER CANNOT TRANSFER DATA ENTERED DURING THE NON- PRODUCTION USAGE TO A LOWER PRODUCT EDITION (E.G. FROM ENTERPRISE EDITION TO PROFESSIONAL EDITION); THEREFORE, IF CUSTOMER ORDERS A LOWER PRODUCT EDITION FROM THAT COVERED BY THE NON- PRODUCTION USAGE, CUSTOMER SHALL EXPORT HOSTED DATA BEFORE THE END OF SUCH NON-PRODUCTION PERIOD OR SUCH DATA MIGHT BE PERMANENTLY LOST.
Non-production Usage. From time to time, to the extent applicable, Customer may use the Service for evaluation, demonstration, testing or other purposes where such use is outside a Production Tenant. By using the Service on such a non-production basis, Customer accepts the Service on an “as is” basis and acknowledges Xxxxxxxxx.XX provides no express or implied warranties, indemnities or security commitments, and will have no liability, in connection with such use, notwithstanding anything to the contrary in this Agreement.

Related to Non-production Usage

  • Interconnection Product Options Interconnection Customer has selected the following (checked) type of Interconnection Service:

  • CAISO Monthly Billed Fuel Cost [for Geysers Main only] The CAISO Monthly Billed Fuel Cost is given by Equation C2-1. CAISO Monthly Billed Fuel Cost Equation C2-1 = Billable MWh ◆ Steam Price ($/MWh) Where: • Steam Price is $16.34/MWh. • For purposes of Equation C2-1, Billable MWh is all Billable MWh Delivered after cumulative Hourly Metered Total Net Generation during the Contract Year from all Units exceeds the Minimum Annual Generation given by Equation C2-2. Equation C2-2 Minimum Annual Generation = (Annual Average Field Capacity ◆ 8760 hours ◆ 0.4) - (A+B+C) Where: • Annual Average Field Capacity is the arithmetic average of the two Field Capacities in MW for each Contract Year, determined as described below. Field Capacity shall be determined for each six-month period from July 1 through December 31 of the preceding calendar year and January 1 through June 30 of the Contract Year. Field Capacity shall be the average of the five highest amounts of net generation (in MWh) simultaneously achieved by all Units during eight-hour periods within the six-month period. The capacity simultaneously achieved by all Units during each eight-hour period shall be the sum of Hourly Metered Total Net Generation for all Units during such eight-hour period, divided by eight hours. Such eight-hour periods shall not overlap or be counted more than once but may be consecutive. Within 30 days after the end of each six-month period, Owner shall provide CAISO and the Responsible Utility with its determination of Field Capacity, including all information necessary to validate that determination. • A is the amount of Energy that cannot be produced (as defined below) due to the curtailment of a Unit during a test of the Facility, a Unit or the steam field agreed to by CAISO and Owner. • B is the amount of Energy that cannot be produced (as defined below) due to the retirement of a Unit or due to a Unit’s Availability remaining at zero after a period of ten Months during which the Unit’s Availability has been zero. • C is the amount of Energy that cannot be produced (as defined below) because a Force Majeure Event reduces a Unit’s Availability to zero for at least thirty (30) days or because a Force Majeure Event reduces a Unit’s Availability for at least one hundred eighty (180) days to a level below the Unit Availability Limit immediately prior to the Force Majeure Event. • The amount of Energy that cannot be produced is the sum, for each Settlement Period during which the condition applicable to A, B or C above exists, of the difference between the Unit Availability Limit immediately prior to the condition and the Unit Availability Limit during the condition.

  • Contract Quantity The Contract Quantity during each Contract Year is the amount set forth in the applicable Contract Year in Section D of the Cover Sheet (“Delivery Term Contract Quantity Schedule”), which amount is inclusive of outages.

  • ESTIMATED / SPECIFIC QUANTITY CONTRACTS Estimated quantity contracts, also referred to as indefinite delivery / indefinite quantity contracts, are expressly agreed and understood to be made for only the quantities, if any, actually ordered during the Contract term. No guarantee of any quantity is implied or given. With respect to any specific quantity stated in the contract, the Commissioner reserves the right after award to order up to 20% more or less (rounded to the next highest whole number) than the specific quantities called for in the Contract. Notwithstanding the foregoing, the Commissioner may purchase greater or lesser percentages of Contract quantities should the Commissioner and Contractor so agree. Such agreement may include an equitable price adjustment.

  • AUDIT OF LICENSED PRODUCT USAGE Contractor shall have the right to periodically audit, no more than annually, at Contractor’s expense, use of licensed Product at any site where a copy of the Product resides provided that: (i) Contractor gives Licensee(s) at least thirty (30) days advance written notice, (ii) such audit is conducted during such party’s normal business hours, (iii) the audit is conducted by an independent auditor chosen on mutual agreement of the parties. Contractor shall recommend a minimum of three (3) auditing/accounting firms from which the Licensee will select one (1). In no case shall the Business Software Alliance (BSA), Software Publishers Association (SPA), Software and Industry Information Association (SIIA) or Federation Against Software Theft (FAST) be used directly or indirectly to conduct audits, or be recommended by Contractor; (iv) Contractor and Licensee are each entitled to designate a representative who shall be entitled to participate, and who shall mutually agree on audit format, and simultaneously review all information obtained by the audit. Such representatives also shall be entitled to copies of all reports, data or information obtained from the audit; and (v) if the audit shows that such party is not in compliance, Licensee shall be required to purchase additional licenses or capacities necessary to bring it into compliance and shall pay for the unlicensed capacity at the NYS Net Price in effect at time of audit, or if none, then at the Contractor’s U.S. Commercial list price. Once such additional licenses or capacities are purchased, Licensee shall be deemed to have been in compliance retroactively, and Licensee shall have no further liability of any kind for the unauthorized use of the software.

  • Particular Methods of Procurement of Goods and Works International Competitive Bidding. Goods and works shall be procured under contracts awarded on the basis of International Competitive Bidding.

  • Recycled Products The Provider shall procure any recycled products or materials, which are the subject of or are required to carry out this Contract, in accordance with the provisions of sections 403.7065, F.S.

  • Fixed Kilowatt-Hour Rate Product If Clearview Energy would like to propose a change to a fixed kilowatt-hour rate product, you will be notified by the process described in Change of Terms. Fixed price products may change due to new or modified federal, state or local laws; or regulatory actions that impose new or modified fees. 2b. Month-to-month Variable Kilowatt-Hour Rate Product – Month-to-month variable kilowatt-hour rate products are subject to change without notice at Clearview Energy’s discretion outside of any applicable promotion. If applicable, the Monthly Base Charge may also fluctuate outside of any applicable promotion. After the first month, the price may vary based on a number of factors, including market supply prices, energy capacity prices, settlement costs and other market- related factors, as determined at our discretion, plus estimated total state taxes, fees, charges or other assessments, along with our costs, expenses and profit margins. There is no limit on how much the price may change from one billing cycle to the next. The price can change each billing period. The Customer will not know the price until receiving the bill. A customer may obtain the previous 24 months’ average monthly billed price for the customer’s rate class and service territory at 1.800.746.4702 and xxx.xxxxxxxxxxxxxxx.xxx. Historical pricing is not indicative of present or future pricing. All pricing can be viewed at xxx.XxxxxxxxxXxxxxx.xxx.

  • SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 4.12.1 Shop Drawings are drawings, diagrams, schedules and other, data specially prepared for the Work by the Contractor or any Subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work.

  • Computer Equipment Recycling Program If this Contract is for the purchase or lease of computer equipment, then Contractor certifies that it is in compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code related to the Computer Equipment Recycling Program and the Texas Commission on Environmental Quality rules in 30 TAC Chapter 328.

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