Restrictions and Exclusions. 3.1 The grant under clause 2 is subject to the Licensee:
(a) paying the Licence Fees in accordance with the agreement;
(b) distributing and selling Authorised Videos only for the Purpose;
(c) ensuring that the Authorised Video contains no advertising or promotional material or any material designed to encourage the purchase, use or support of particular goods or services;
(d) making no more than the number of Authorised Video copies as permitted under the selected licence category.
3.2 The grant under clause 2 does not include or authorise:
(a) the right to upload to or make available on any social media platform any Authorised Video, APRA Work, AMCOS Work or ARIA Recording;
(b) the right to record a staged event (including a play, ballet or opera) whether or not the right to perform the musical works in public was controlled by APRA; or
(c) the right to record a staged event (including a play, ballet or opera)whether or not the right to perform the sound recordings in public was obtained;
(d) the right to perform (including by way of exhibition or screening) an Authorised Videos in public;
(e) the communication or reproduction of any musical work in association with new or substituted lyrics;
(f) the communication or reproduction of any music videos;
(g) the communication or reproduction of any musical work in graphic form;
(h) the reproduction of any AMCOS Work or ARIA Recording into an advertisement;
(i) the reproduction of any ARIA Recording in any way where it could be inferred that there is an association between the Licensee and the ARIA Recording and/or the artist who performed the ARIA Recording;
(j) the reproduction or communication of any audio-only material;
(k) the making of an adaptation or parody of any work; or
(l) the communication of any grand right work or any choral work more than 20 minutes duration in its entirety.
3.3 Nothing in this agreement constitutes a consent by the authors of works in relation to any act or omission contrary to their moral rights.
Restrictions and Exclusions. An Outage will not be deemed to have occurred in the event that the Service is unavailable or impaired due to any of the following:
(a) Interruptions on a Circuit that is not an “Accepted Circuit” where an Accepted Circuit is one that has been accepted or deemed accepted following provisioning of an installation order or change order;
(b) Interruptions caused by the negligence, error, or omission of Customer or others authorized by Customer to use or modify Customer’s service;
(c) Interruptions due to failure of power at Customer premises or failure or poor performance of Customer premises equipment;
(d) Interruptions during any period in which Qwest or its agents are not afforded access to the premises where the access lines associated with Customer’s service are terminated, provided such access is reasonably necessary to prevent a degradation or to restore service;
(e) Interruptions during any period when Qwest has posted on the Qwest Web site or communicated to Customer in any other manner that Customer’s service will be unavailable for maintenance or rearrangement purposes, or Customer has released the service to Qwest for the installation of a Customer service order;
(f) Interruptions during any period when Customer elects not to release the Circuit for testing and/or repair and continues to use it on an impaired basis;
(g) Interruptions resulting from force majeure events beyond the reasonable control of Qwest including, but not limited to, acts of God, government regulation, labor strikes, national emergency or war (declared or undeclared);
(h) Interruptions resulting from Customer’s use of Service in an unauthorized or unlawful manner;
(i) Interruptions resulting from a Qwest disconnect for Customer’s breach of a term set forth in the agreement pursuant to which Qwest is providing the service to Customer;
(j) Interruptions resulting from incorrect, incomplete or inaccurate orders from Customer;
(k) Interruptions due to improper or inaccurate network specifications provided by Customer;
(l) Interruptions resulting from a failure of a carrier other than Qwest providing local access circuits except when Qwest has ordered Leased Local Access on Customer’s behalf; or
(m) Special configurations of the standard Service that have been mutually agreed to by Qwest and Customer; provided, however, Qwest may provide a separate service level agreement to Customer for those special configurations.
Restrictions and Exclusions. HID does not warrant that the Software will meet Licensee’s requirements or will operate in combination with other software or hardware which may be selected for use by Licensee, or that the operation of the Software will be uninterrupted or error-free. This limited warranty is VOID if failure of the Software is due to accident, negligence, abuse, improper installation or misuse of the Software.
Restrictions and Exclusions. Only Licensee and its Sublicensees, if any, may Commercially Exploit the Adapted Games. End user players of the Adapted Games are granted a license to use the Adapted Games for their personal use only.
Restrictions and Exclusions. An Outage will not be deemed to have occurred in the event that the Service is unavailable or impaired due to any of the following:
Restrictions and Exclusions. We will not provide benefits for any day that you are out of the hospital, including for a portion of the day. We will not provide benefits for any day when inpatient medical care was not necessary from a medical point of view and was not approved by UnitedHealthcare Community Plan.
Restrictions and Exclusions. In addition to the restrictions and exclusions already described, we will not pay for the following:
Restrictions and Exclusions. 3.1 The grant under clause 2 is subject to the Licensee:
(a) paying the Licence Fees in accordance with the Licensee’s agreement;
(b) distributing and selling Authorised Videos only for the Purpose;
(c) ensuring that the Authorised Video contains no advertising or promotional material or any material designed to encourage the purchase, use or support of particular goods or services; or
(d) only supplying recordings of the Authorised Videos to the individuals of whom the video is made for their private domestic viewing only;
3.2 grant under clause 2 does not include:
(a) the right to record a staged event (including a play, ballet or opera) where the right to perform the musical works in public was not controlled by APRA; or
(b) the right to record a staged event (including a play, ballet or opera) where the right to perform the sound recordings in public was not controlled by ARIA; or
(c) the right to perform (including by way of exhibition or screening) an Authorised Video in public.
Restrictions and Exclusions. This SLA will not apply, and Customer will not be entitled to receive a credit or exercise a termination right under this SLA, for any event that adversely impacts the Service that is caused by: (a) the acts of omissions of Customer, its employees, contractors or agents or its end users; (b) the failure or malfunction of equipment, applications or systems not owned or controlled by CenturyLink or its International Service Providers; (c) Force Majeure Events; (d) scheduled service maintenance, alteration or implementation; (e) the unavailability of required Customer personnel, including as a result of failure to provide CenturyLink with accurate, current contact information; (f) CenturyLink’s lack of access to the Customer premises where reasonable required to restore the Service; (g) Customer’s failure to release the Service for testing or repair and continuing to use the Service on an impaired basis; (h) CenturyLink’s termination of Service for Cause or Customer’s use of Service in an unauthorized or unlawful manner; or (i) improper or inaccurate network specifications provided by Customer.
Restrictions and Exclusions. This SLA will not apply, and Customer will not be entitled to receive a credit or exercise a termination right under this SLA, for any event that adversely impacts the Service that is caused by: (a) the acts of omissions of Customer, its employees, contractors or agents or its end users; (b) the failure or malfunction of equipment, applications or systems not owned or controlled by CenturyLink or its International Service Providers; (c) Force Majeure Events; (d) scheduled service maintenance, alteration or implementation; (e) the unavailability of required Customer personnel, including as a result of failure to provide CenturyLink with accurate, current contact information; (f) CenturyLink’s lack of access to the Customer premises where reasonable required to restore the Service; (g) Customer’s failure to release the Service for testing or repair and continuing to use the Service on an impaired basis; (h) CenturyLink’s termination of Service for Cause or Customer’s use of Service in an unauthorized or unlawful manner; or (i) improper or inaccurate network specifications provided by Customer. This SLA applies to NMS ordered by customers pursuant to an agreement between a specific customer ("Customer") and Qwest Communications Company, LLC d/b/a CenturyLink QCC (“CenturyLink”) (“Agreement”). Capitalized terms not defined in this SLA are defined in the Agreement.
