SaaS Service. If Buyer is purchasing a SaaS Subscription, Licensor will provide the SaaS Service to Buyer in accordance with the Standard Contract Listing promptly following purchase of the Subscription and continuing until completion of the Subscription. Licensor will provide Buyer all license keys, access credentials and passwords necessary for access and use of the Software and SaaS Service (“Keys”) as set forth in the Standard Contract Listing.
SaaS Service. 3.1 For the term of this Contract, Civica grants to Customer a personal, non-transferable and non-exclusive right to use the SaaS Service for Customer’s own internal business purposes only.
3.2 Customer may make such copies of the Documentation as are reasonably necessary for its use of the SaaS Service and shall reproduce all copyright and other notices in and on the Documentation. All such copies shall form part of the Documentation and shall be subject to the terms and conditions of this Contract.
3.3 Customer agrees that:
3.3.1 except to the extent permitted by law, Customer shall not, nor permit any third party to, adapt or modify the SaaS Service, or decompile, reverse engineer, disassemble or otherwise derive the source code or derivative works of the SaaS Service.
3.3.2 unless permitted in accordance with clause 3.5, it shall not permit any third party, to use, access or possess the SaaS Service or Documentation nor use the SaaS Service on behalf of or for the benefit of any third party, including any consulting, service-bureau, time-sharing, rental or services of any other kind;
3.3.3 this licence is personal to the Customer and the SaaS Service and Documentation may only be used by Customer for its internal business purposes by the Authorised Users in accordance with the usage restrictions;
3.3.4 it will take security measures sufficient to reasonably safeguard the SaaS Service and Documentation from access by unauthorised third persons.
3.4 The SaaS Service includes functionality permitting Customer to perform certain administration and data upload tasks (the “Administrative Functions”). Customer undertakes to keep all user names, passwords, and other access details relating to the Administrative Functions confidential and Customer agrees that Customer will be liable for any loss or damage arising from Customer’s failure to do so.
3.5 Customer may permit Authorised Third Parties to access the SaaS Service and Documentation provided that:
3.5.1 it obtains Civica prior written approval before any access is granted;
3.5.2 Customer remains responsible for the acts and omissions of such Authorised Third Parties as if they were the Customer’s own acts and omissions; and
3.5.3 such access is for the Customer’s sole benefit e.g. a third party which provides outsourced services to Customer under a written agreement.
SaaS Service. Subject to the terms and conditions of this Agreement, including, but not limited to the applicable restrictions set forth in Section 2(b) below, and subject further to Customer’s full compliance herewith and according to the scope, time period and other terms indicated on the applicable Purchase Order delivered in connection with this Agreement, Testmo hereby grants Customer and Customer hereby accepts from Testmo, a limited, non- exclusive, non-sublicensable (except as otherwise expressly provided in Section 17(a) below), and non-transferable (except as otherwise expressly provided in Section 17(a) below) right and license during the Subscription Term to access and use the SaaS Service in accordance with the applicable restrictions and conditions contained in this Agreement. Customer acknowledges that the only right granted by Testmo to use the Licensed Software is via the SaaS Service as a software service hosted by Testmo and made available to Customer via the internet. Testmo does not grant Customer any right to install the Licensed Software on Customer’s premises or on any equipment owned or controlled by Customer. Customer’s right to use the SaaS Service during the Subscription Term shall extend to use by third parties under a written agreement with Customer to provide outsourcing services for Customer's own internal business operations; provided, that (i) such third parties have agreed to abide by the terms of this Agreement and (ii) Customer shall remain primarily liable for all acts and omissions by such third parties.
SaaS Service. If the Service also extends to providing services for the supply of software (as a service) or the installation, administration and maintenance of software (as a service), the provisions of this module also apply.
D.1. SOFTWARE (AS-A-SERVICE)
D.1.1 Dyflexis grants the non-exclusive, non-transferrable and restricted right to the Client to use the Service for the duration and under the terms of the Agreement
D.1.2 User right as stated in the previous paragraph also includes all future Updates. Dyflexis has the right to charge additional costs for the installation of Upgrades.
D.1.3 The Client is entitled to use the Service under the user right for the Client’s company or organisation. The restrictions, which are also understood to include the number of employees and/or administrators and available functions are stated in the Agreement
D.1.4 Unless agreed otherwise in writing, the Client is not permitted to sub-lease the Service or to make it available to a third party in any other manner. This is not understood to mean the employees of the Client’s company or organisation.
D.1.5 When purchasing the Service, the Client will ensure that it strictly complies with all applicable legal requirements.
D.1.6 Dyflexis will send or issue the log-in details to the Service to the Client at around the start date. The Client is aware that losing the log-in details can lead to unauthorized access to the Service. Therefore, the Client will protect the log-in details from unauthorized persons.
D.1.7 The Client is personally responsible for loading all data into the Service with the help of the upload function or one of the synchronisation functions which Dyflexis has made available in the Service. Dyflexis is not liable for any inaccuracies following the loading or during the synchronization of the data, unless intentional acts or gross negligence are involved.
D.1.8 The Client will impose on end users at least the same terms as recorded in article D.5 for the use of the Service.
D.1.9 Dyflexis is entitled to use the Data in anonymised form and to use the Data for statistical analyses and/or benchmarking. Furthermore, Dyflexis is entitled to monitor usage of the Service and on this basis it will be able to provide recommendations to the Client.
SaaS Service. If Buyer is purchasing a SaaS Subscription, Seller will provide the SaaS Service to Buyer in accordance with the Subscription promptly following purchase of the Subscription and continuing until completion of the Subscription. Seller will provide Buyer all license keys, access credentials and passwords necessary for access and use of the Software and SaaS Service (“Keys”) as set forth in the Subscription.
SaaS Service. The provision of software as a service.
SaaS Service. 2.1 In consideration of payment by the Customer of the Fees and the Customer agreeing to abide by the terms of this Agreement, Sunrise will make the SaaS Service available to the Customer and its Users pursuant to this Agreement and the applicable Order Form(s) during the Subscription Term.
SaaS Service. 4.1 The Licensor shall, during the Saas Service Term, provide the Saas Service and make available the Documentation to the Licensee on and subject to the terms of this agreement.
4.2 The Licensor shall use commercially reasonable endeavours to make the Saas Service available 24 hours a day, seven days a week, except for:
4.2.1 planned maintenance or upgrades for which the Licensor shall provide a minimum of 14 days’ notice; and
4.2.2 unscheduled maintenance, provided that the Licensor has used reasonable endeavours to give the Licensee at least 6 Normal Business Hours' notice in advance.
SaaS Service. SailPoint warrants that during the Term the SaaS Service will perform substantially in accordance with the Documentation. As Customer’s exclusive remedy and SailPoint’s sole liability for breach of the warranty set forth in this Section 7.1(b), (i) SailPoint shall correct the non-conforming SaaS Service at no additional charge to Customer, or (ii) in the event SailPoint is unable to correct such deficiencies after good- faith efforts and within a commercially reasonable timeframe, Customer shall be entitled to terminate the applicable SaaS Service and SailPoint will refund Customer a pro-rata portion of any prepaid fees attributable to the defective SaaS Service paid by Customer to SailPoint from the date SailPoint received the notice contemplated in the next sentence. To receive warranty remedies, Customer must promptly report deficiencies in writing to SailPoint, but no later than thirty (30) days of the first date the deficiency is identified by Customer. The warranty set forth in this Section 7.1(b) shall apply only if the applicable SaaS Service has been utilised in accordance with the Documentation, this SaaS Agreement, and applicable law.
SaaS Service. Subject to the terms of this Agreement and Customer’s compliance therewith, if the SAAS Service is ordered by Customer pursuant to a Customer Order, then during the applicable Subscription Term, SimX authorizes Customer to: (a) allow Permitted Users to access the SAAS Service, including access and use of Scenarios as part of the SAAS Service; (b) install and use the Moderator Client only as part of the SAAS Service; and
