RIGHTS AND OBLIGATIONS OF THE LICENSOR. 5.1.1. The Licensor is entitled to dispose of the Software, to transfer the rights to use the Software to third parties, to use the Software in any form and by any means as it thinks fit;
5.1.2. The Licensor is entitled to receive License fee for the Software Licenses granted to the Licensee in accordance with the provisions of the present Agreement;
5.1.3. The Licensor is entitled to update the contents, functions, and user interface of the Software (Service) at its own discretion. The Licensor bears no responsibility towards the Licensee for modification of the Service. The Licensor is entitled to notify the Licensee of certain performed modifications by publishing a notice on the Site, via the System interface, and/or by e-mail to the Licensee address specified by the Licensee at registering in the Service;
5.1.4. The Licensor is entitled to add, edit or delete any information at its own discretion, including to change the number and the scope of social media analyzed by the Service;
5.1.5. The Licensor is entitled to request the Licensee to provide a report with necessary information and documents regarding using the Service, and any other information and documents confirming due performance of the present Agreement. Within 5 (five) business days after receiving such request the Licensee shall provide the requested documents, ensuring compliance of such provision with the confidentiality requirements of such agreements. In case of failure to provide or partial provision of information by the Licensee the Licensor is entitled to suspend or block the Licensee's access to the Service, and such suspension or blocking shall not be deemed a breach of the present Agreement by the Licensor and shall not entail liability;
5.1.6. The Licensor may perform routine interruptions in the Service availability that are considered normal operation of the Service and shall not entail recalculation of the fees paid by the Licensee. The Licensor may make routine interruptions, in particular, for updating the Service functionality. Routine interruptions may not last longer than 8 hours in any calendar month and should be made at nighttime (from 12.00 a.m. to 06.00 a.m. Moscow time);
5.1.7. In case the Licensee has complaints regarding quality of the Service, the Licensor shall not make any compensations towards the Licensee and shall not bear any liability for any losses of the Licensee incurred as the result of using or inability to use the Service. The Licensor reserves t...
RIGHTS AND OBLIGATIONS OF THE LICENSOR. 3.1. The licensor reserves the right, in justified cases, to carry out superordinate controls by external inspection bodies, employees of the licensor or by persons/bodies authorised by the licensor, and thus to gain access to the facilities and to all records on the basis of which compliance with the requirements can be checked, and to obtain all necessary information.
3.2. The licensor undertakes
3.2.1. to grant the licensee the right to use the label as soon as all conditions are met;
3.2.2. to notify the licensee of any changes to the additional modules of the AMA Feedstuff Guidelines pastus+ in good time before they come into force, but at least 30 days in advance;
3.2.3. to take all appropriate measures against the misuse of the label;
3.2.4. to check the requirements of the additional modules of the AMA Feedstuff Guidelines pastus+ used in the form of an offsite control;
3.2.5. to make the additional modules of the AMA Feedstuff Guidelines pastus+, the fee model and the pastus+ guideline to the use of the label and communication available on the licensor's website;
3.2.6. to notify changes in connection with audit acceptance agreements in the feed sector.
RIGHTS AND OBLIGATIONS OF THE LICENSOR. 1.1. The Licensor shall have the right to manage the Software Products, transfer the right of access to them to third parties, independently use the Software Products in any form and way at its own discretion;
1.2. The Licensor shall have the right to receive Remuneration for the Licenses for the Software Products granted to the Licensee in accordance with the terms and conditions of this Agreement and also the right to change the Tariff Plans and establish new Tariff Plans;
1.3. The Licensor shall be entitled to update the content, functional capabilities of the Software Products as well as the user interface at any time in its sole discretion. The Licensor shall not assume responsibility for the modification of the Software Products to the Licensee. The Licensor shall have the right to notify the Licensee of some modifications by publishing an announcement on the Website, in the interface of the Software Products/Website, and/or by e-mail to the Licensee’s address indicated when registering the User Account;
1.4. The Licensor shall have the right to enter, edit, or delete any information at its own discretion including changing the number and composition of information providers whose data is analyzed (processed) by the Software Products;
1.5. The Licensor shall be entitled to make technological breaks in the accessibility of theSoftware Products which are considered as the use of the Software Products in the regularmode and are not the basis to recalculate Remunerations paid by the Licensee. Technological breaks can be made, inter alia, to restore the functionality of the SoftwareProducts. Technological breaks shall be made mainly at night (from 00:00 to 6:00 am Kyiv time);
1.6. The Licensor shall eliminate possible software failures of the Software Products at the request of the Licensee as follows. In case of errors detected in the operation of the Software Products, the Licensee shall send a written request to the Licensor by e-mail with a detailed description of the problem. The Parties shall, within 3 (three) business days upon receipt of such a written request with a description of failures in the operation of the Software Products from the Licensee, determine the timing and procedure for their elimination.
1.7. The Licensor shall not make any compensation in favor of Licensee and shall not be held responsible for any damages to the Licensee arising from the use or inability to use the Software Products. The Licensor shall reserve the exclusive ri...
RIGHTS AND OBLIGATIONS OF THE LICENSOR. The Licensor shall during the continuance of this MLA:
(a) except in cases of Emergency (when all reasonable endeavours will be made to notify the Licensee forthwith of the action taken) give the Licensee at least ten (10) Business Days’ notice in writing to the address provided for service of Notices in clause 15 of the Access Agreement of all proposals to carry out work of whatsoever nature insofar as such works may affect the operation of, or access to, the Licensee’s Cables and Licensee’s Sub-Ducts provided that the Licensor shall use its reasonable endeavours at all times to ensure that the Licensee’s services are maintained at all times even in the case of an Emergency;
(b) comply with the provisions of all Acts of the Oireachtas and statutory instruments or regulations made thereunder (including but not limited to) the Environmental Protection Agency Act, 1992 as amended; the Safety, Health and Welfare at Work Act, 2005, as amended; the Planning and Development Act 2000 as amended; the Building Control Act, 1990 as amended; the General Data Protection Regulation and the Data Protection Acts 1988 to 2018 as amended; and all regulations made thereunder;
(c) comply with all provisions of the Sub-Duct Self-Install Technical and Operational Manual and the Sub-Duct Self-Install Industry Process Manual, insofar as same relate to the Licensor;
(d) maintain the Licensor’s Ducts in good repair,
(e) comply with the provisions of the Access Agreement insofar as they relate to the Licensor;
(f) where the Licensor occupies a Route by virtue of a lease or licence, observe and perform the terms of the lease or license and make available to the Licensee any notices served on the Licensor by the head lessor. The Licensor agrees to indemnify the Licensee against any direct losses, damages, costs and expenses incurred by the Licensee arising from the non-observance and/or non-performance of the said lease or license by the Licensor;
(g) apply reasonable care to ensure that equivalent measures are taken to ensure that the Licensee’s Cables and Licensee’s Sub-Ducts are as safe and secure against interference by third parties as the Licensor’s Ducts and its own cables;
(h) ensure that the Licensor’s Staff behave in a responsible manner and adhere to the Licensor’s General Health and Safety Requirements while at each Route;
(i) comply with all Regulatory Requirements and notify the Licensee of any such requirements immediately upon receipt of same in so far as such require...
RIGHTS AND OBLIGATIONS OF THE LICENSOR. 7.1 In case of violation of the terms and conditions of this Agreement by the Licensee, including in case of a corresponding documented appeal (complaint) from end users and/or appeals of the authorized governmental authorities and/or appeals of the operator(s), the Licensor shall not be liable for delivery of messages to such end user(s) due to restriction of messages pass to the terminal by mobile operators. Such restrictions shall not be considered as a failure to provide the Services and the Service is subject to payment in full by the Licensee.
7.2 The Licensor shall support all functionality of the Twin Service used by the Licensee with its own resources and at its own expense twenty-four hours a day and on a daily basis, without any service interruption, except for cases when necessary preventive (regulatory) and repair maintenance works are performed and scheduled at such time when these works will harm the Licensee least of all.
7.3 The Licensor shall be entitled to transfer the information received under the Agreement to operators, including operators' affiliates. In this case, the transfer of information obtained under this Agreement by the Licensor is not a violation of the provisions of the Agreement and Applicable Laws.
7.4 The Licensor will record each phone call in the statistics collection system within not more than one Reporting Period. At the end of the Reporting Period, the Licensor shall notify the Licensee of the need to download the collected data. The Licensor will delete the collected data within two days after such notification.
7.5 The Licensor will provide the Licensee with the ability to monitor information, message sending status through the system by providing access to the system and account details (username and password) to the account.
7.6 The Services performed will be retained within one (1) Reporting Period.
7.7 The Licensor reserves the right to refuse delivery of certain messages or provide the Services in case the text of the message violates the Applicable Laws, contains any signs that the end users have not agreed to it. The Licensor shall immediately notify the Licensee on the reason of refusal in writing.
RIGHTS AND OBLIGATIONS OF THE LICENSOR. 3.1 If the Licensor discovers any violations of § 2.2 of the Agreement, the Licensor shall submit to the Licensee a claim in writing.
3.2 In case of the violation of § 2.2 of this Agreement, the Licensor shall have the right to use legal remedies, to claim compensation for direct damages and to terminate the Agreement.
3.3 The Licensor shall have the right to require destruction of products or derivations illegally created by the Licensee, or delivery of them to the Licensor.
3.4 The Licensor shall be obliged to grant use of data pursuant to procedure prescribed by law.
RIGHTS AND OBLIGATIONS OF THE LICENSOR. 3.2.1 The Licensor undertakes and guarantees that it has obtained complete and legal Intellectual Property Rights and other related rights and authorization for the Subject Game, including but not limited to programs, codes, images, music, trademarks, etc., and that there is no infringement of any third-party’s rights (including but not limited to Intellectual Property Rights) by the Subject Game.
3.2.2 The Licensor undertakes and guarantees that the Subject Game fully complies with the requirements of laws, regulations, policies and moral codes of the relevant countries and regions in the Licensed Territory. If the Subject Game is taken offline from the platform, shut down or receives any other penalties due to non-compliance with the above requirements, the Licensor shall fully compensate the Licensee for all resulting, direct or indirect, losses.
3.2.3 In case of any third party’s infringement of the Subject Game (including but not limited to Intellectual Property Rights), the Licensee shall inform the Licensor as soon as possible upon reasonable knowledge of relevant information, and the Licensor shall be responsible for addressing the infringement, in respect of which the Licensee shall give necessary assistance. In the event of the foregoing infringement, litigation, arbitration or related processes may be conducted by the Licensee and its affiliates on behalf of the Licensor, and the Licensor shall fully cooperate, and all costs incurred shall be borne by the Licensor.
3.2.4 The Licensor is responsible for the continuous development of the Subject Game and the related technical support. If the Licensor needs to temporarily stop partial support services for reasons such as version update or change of the game content, the Licensor must notify the Licensee by email or in writing in advance of X working days and obtain the written consent of the Licensee. If the Licensor suspends or ceases to perform any of its obligations hereunder without the written consent of the Licensee, the Licensor shall be fully liable for any compensations arising from any losses caused to the Licensee and its affiliates.
3.2.5 The Licensor is responsible for dealing with technical issues relating to usage and providing technical support to ensure that the Subject Game is available to the user for normal download and use. The Licensor shall complete repairs, updates, upgrades, and debugging within the period required by the Licensee and its affiliates.
3.2.6 According to the ...
RIGHTS AND OBLIGATIONS OF THE LICENSOR. 4.1 The Licensor shall:
4.1.1 Grant to Members of the Consortium, subject to and in accordance with the terms of this License, the non-exclusive right to permit Authorized Users to access and use the Licensed Material at the sites of Members or remotely, through secure authentication.
4.1.2 use commercially reasonable efforts to maintain adequate Internet or online connection and server capacity to provide the licensee with access to the Licensed Material;
4.1.3 provide the Licensee with all information necessary to access the Licensed Material online;
4.1.4 use all reasonable endeavors to restore access to the Licensed Material as soon as possible in the event of an interruption or suspension of availability.
RIGHTS AND OBLIGATIONS OF THE LICENSOR. 4.1 The Licensor shall:
4.1.1 use commercially reasonable efforts to maintain adequate Internet or online connection and server capacity to provide the Licensee with access to the Licensed Material;
4.1.2 provide the Licensee with all information necessary to access the Licensed Material online;
4.1.3 use all reasonable endeavors to restore access to the Licensed Materials as soon as possible in the event of an interruption or suspension of availability.
RIGHTS AND OBLIGATIONS OF THE LICENSOR. 4.1. The Licensor undertakes to grant the right to use the Service in accordance with this Agreement around the clock 7 (seven) days a week, including weekends and weekends.
4.2. The Licensor undertakes to make all reasonable efforts to ensure the stable operation of the Service, to gradually improve it, and to correct errors in the operation of the Service. However, the Service is provided to the User on an "as is" basis. This means that the Licensor:
4.3. does not guarantee the absence of errors in the operation of the Service.
4.4. is not responsible for the smooth operation of the Service and its compatibility with the software and technical means of the User and other persons;
4.5. is not responsible for causing any losses that have arisen or may arise in connection with or when using the Service;
4.6. It is not responsible for non-performance or improper performance of its obligations due to failures in telecommunications and energy networks, malicious programs, as well as unfair actions of third parties aimed at unauthorized access and(or) disabling of the Licensor's software and(or) hardware complex.
4.7. The Licensor has the right to grant the User access to the Service and maintain the Service in working order, and also has the right to suspend the provision of access to the Service for the time necessary for carrying out scheduled maintenance and restoration work on the equipment with prior notification to the User.
4.8. The User agrees that the Licensor has the right to use the data provided by the User during Registration for the purpose of conducting marketing activities related to
4.9. The Licensor reserves the right to contact the User by making calls and sending SMS messages in order to check the quality of the Service and communicate information that is critical for the User.
4.10. The Licensor reserves the right to request electronic copies of documents to confirm the User's identity. The Licensor is also required to provide reliable contact information about the User at the request of registration institutions or law enforcement agencies.
4.11. The Licensor undertakes to ensure the confidentiality and safety of all data received from the User, except in cases where such disclosure occurred for reasons beyond the Licensor's control, as well as in cases provided for by current international and Russian legislation.
4.12. The Licensor undertakes to provide technical support to the User on the issues and in the manner specified in this Agre...
