Service Acknowledgements. The Grantee acknowledges and agrees as follows:
(a) The execution and delivery of this Agreement and the granting of the PRSUs hereunder shall not constitute or be evidence of any agreement or understanding, express or implied, on the part of the Company or any of its Subsidiaries to employ the Grantee for any specific period. Moreover, the PRSUs do not become part of a contract of employment or any other employment relationship with the Grantee's employer.
(b) The award of the PRSUs hereunder does not entitle the Grantee to any benefit other than that specifically granted under this Agreement and under the Plan, nor to any future grants or other benefits under the Plan or any similar plan, even if PRSUs have ever been granted in the past or have repeatedly been granted in the past. Any benefits granted under this Agreement and under the Plan are extraordinary and not part of the Grantee's ordinary or expected compensation, and shall not be considered as part of such compensation in the event of severance, redundancy or resignation or salary for any purpose, including, but not limited to, calculating any severance, resignation, termination, redundancy, end-of-service payments, bonuses, long-service awards, pension, welfare or retirement benefits or similar payments and in no event should be considered as compensation for, or relating in any way to, past services for the Company or any of its Subsidiaries. The Grantee understands and accepts that the benefits granted under the Plan are entirely at the grace and discretion of the Company and that the Company retains the right to amend or terminate the Plan, and/or the Grantee's participation therein, at any time, at the Company's sole discretion and without notice, subject to applicable law.
(c) Nothing in this Agreement shall confer upon the Grantee any right to continue in the service of the Company or a Subsidiary or interfere in any way with any right of the Company or a Subsidiary to terminate the employment of the Grantee at any time, subject to applicable law.
(d) The Grantee is voluntarily participating in the Plan.
(e) The grant of PRSUs will not be interpreted to form an employment contract with the Company or any of its Subsidiaries.
(f) Neither the Company nor any Subsidiary is providing any tax, legal or financial advice or making any recommendations regarding the Grantee's participation in the Plan or the Grantee's acquisition or sale of the Shares.
(g) In consideration of the grant of the PRSU...
Service Acknowledgements. 17.1 Service components of Software and standalone Services operate by forwarding certain data (“Forwarded Data”) to Bitdefender owned or controlled servers for scanning. These servers employ proprietary technology to identify and then screen malicious or potentially unwanted content based on user-proscribed parameters.
17.2 As a condition of using any Service and by accepting this Agreement:
(i) You represent and warrant that You are legally permitted and authorized to access, and to provide Bitdefender with access to, the Forwarded Data and agree to provide Bitdefender with evidence of such authorization upon request;
(ii) You authorize Bitdefender to act as Your data processing agent and at Your discretion when performing the Services;
(iii) You undertake to inform the source of the Forwarded Data, to the extent required by local law, of the scope and purpose of the Service, which may entail the transfer of Forwarded Data to servers located outside of the European Union or other jurisdiction where You are located;
(iv) You agree that You are responsible for deciding if and how You use the Services; and
(v) You represent that You will otherwise use the Services only in a legal manner. In the event of any breach of the representation and warranty in Section 17.2(i) Bitdefender may, with prior notice and without prejudice to its other rights, suspend the performance of the Service until You can show to Bitdefender’s satisfaction that any such breach has been cured.
Service Acknowledgements. Software Components and Standalone Services operate by forwarding certain data (“Forwarded Data”) to Trend Micro owned or controlled servers for security scanning. As a condition of using any Service and by accepting this Agreement You represent and warrant that: (i) You are legally permitted and authorized to access, and to provide Trend Micro with access to, the Forwarded Data and agree to provide Trend Micro with evidence of such authorization upon request; (ii) You authorize Trend Micro to act as Your data processing agent and at Your discretion when performing the Services;
Service Acknowledgements. The Grantee acknowledges and agrees as follows:
a. The execution and delivery of this Agreement and the granting of the PRSUs hereunder shall not constitute or be evidence of any agreement or understanding, express or implied, on the part of the Company or any of its Subsidiaries to employ the Grantee for any specific period.
b. The award of the PRSUs hereunder does not entitle the Grantee to any benefit other than that specifically granted under this Agreement and under the Plan, nor to any future grants or other benefits under the Plan or any similar plan. Any benefits granted under this Agreement and under the Plan are not part of the Grantee's ordinary or expected compensation, and shall not be considered as part of such compensation in the event of severance, redundancy or resignation or salary for any purpose, including, but not limited to, calculating any severance, resignation, termination, redundancy, end-of-service payments, bonuses, long-service awards, pension, welfare or retirement benefits or similar payments and in no event should be considered as compensation for, or relating in any way to, past services for the Company or any of its Subsidiaries. The Grantee understands and accepts that the benefits granted under the Plan are entirely at the grace and discretion of the Company and that the Company retains the right to amend or terminate the Plan, and/or the Grantee's participation therein, at any time, at the Company's sole discretion and without notice.
Service Acknowledgements. The Flexibility Provider hereby acknowledges that:
Service Acknowledgements. Certain of the Endpoint Protection Products operate by forwarding certain data ("Forwarded Data") to Trend Micro and/or BigFix owned or controlled servers for security scanning. As a condition of using any Endpoint Protection Product and by accepting this Agreement, Licensee represents and warrants that it: (i) is legally permitted and authorized to access, and to provide Trend Micro and/or BigFix with access to, the Forwarded Data and agree to provide Trend Micro and/or BigFix with evidence of such authorization upon request; (ii) authorizes Trend Micro and/or BigFix to act as Licensee's data processing agent and at Licensee's discretion when providing the Endpoint Protection Products; (iii) undertakes to inform the source of the Forwarded Data, to the extent required by local law, of the scope and purpose of the applicable Endpoint Protection Product, which may entail the transfer of Forwarded Data to servers outside of Licensee's jurisdiction (including outside the European Union); (iv) agrees that Licensee is responsible for deciding if and how it uses the Endpoint Protection Products; and (v) will otherwise use the Endpoint Protection Products only in a legal manner. In the event of any breach of these representations and, warranties in this section, BigFix may with prior notice and without prejudice to its other rights, suspend the performance of the Endpoint Protection Products until Licensee can show to BigFix's satisfaction that any such breach has been cured. b.
Service Acknowledgements. Software Components and Standalone Services operate by forwarding certain data (“Forwarded Data”) to Trend Micro owned or controlled servers for security scanning. As a condition of using any Service and by accepting this Agreement You represent and warrant that: (i) You are legally permitted and authorized to access, and to provide Trend Micro with access to, the Forwarded Data and agree to provide Trend Micro with evidence of such authorization upon request; (ii) You authorize Trend Micro to act as Your data processing agent and at Your discretion when performing the Services; (iii) You undertake to inform the source of the Forwarded Data, to the extent required by local law, of the scope and purpose of the Service, which may entail the transfer of Forwarded Data to servers outside Your jurisdiction (including outside the European Union); (iv) You agree that You are responsible for deciding if and how You use the Services; and (v) You represent that You will otherwise use the Services only in a legal manner. To the extent applicable to You, You agree Trend Micro and You to be bound by the « standard contractual clauses for the transfer of personal data to processors established in third countries », issued by the European Commission in a decision dated February 5, 2010 and available at xxxx://xxx.xxxx.xx/fileadmin/documents/Vos_responsabilites/Transferts/CCT-2010-Ss_Traitants_VE.pdf , which is incorporated hereto by reference. Information relating to data processing and technical and organizational processes are described in the relevant accompanying Documentation. In the event of any breach of the representations and warranties in Section 12, Trend Micro may with prior notice and without prejudice to its other rights, suspend the performance of the Service until You can show to Trend Micro's satisfaction that any such breach has been cured.
Service Acknowledgements. You acknowledge and agree that:
(i) the Services are provided by Harvest on an “as is” basis without any representations or warranties as to the reliability, suitability or availability of the Services except to the extent expressly provided otherwise in these Terms of Service;
(ii) you are responsible for providing your own facilities (including software, hardware and other equipment) necessary for accessing and using the Services which must comply with the minimum technical requirements specified in the Product’s Technical Specifications.[insert document reference];
(iii) Harvest accepts no responsibility for any defect, error, bug or other issue with the facilities used by you for the purpose of accessing or using the Services;
(iv) use of the Services will be subject to any data storage limitations specified in the applicable Order Form[insert document reference]; and
(v) Harvest may collect data and information about your access to and use of the Services which Harvest may use for the purpose of correcting any defect, error, bug or other issue with the Services, or enhancing the functionality of the Services. You acknowledge and agree that Harvest does not represent or warrant that:
(i) your access to or use of the Services will be secure, uninterrupted or free from defects, errors, bugs or other issues;
(ii) defects, errors, bugs or other issues with the Services will be able to be corrected;
(iii) the Services will be free of viruses or any other harmful or destructive code;
(iv) the Services will operate with any other hardware, equipment, software, services or data unless otherwise expressly provided in the applicable Order Form; or
(v) any third party will be able to access or use the Services.
Service Acknowledgements. Where appropriate, the Client should acknowledge the contributions of AGRF in its publications, by simply acknowledging use of the Services and facilities of AGRF. If appropriate and with the Client’s prior agreement, AGRF can make reference to Services provided to the Client. No Party will be liable for a failure to meet its obligations under this Agreement arising from an unavoidable delay beyond the reasonable control of the affected Party, provided that the affected Party gives written notice of the delay to the other Party as soon as possible after the affected Party becomes aware of the delay or expected delay and if such delay lasts for more than sixty (60) days, the Party not failing in or delaying performance has the option, in its sole discretion, to terminate this Agreement with no liability whatsoever as a result of such termination, on 30 days prior written notice. For the avoidance of doubt, each Party is responsible for ensuring that it has the necessary funding and that it dedicates appropriate internal resources to undertake its responsibilities as specified in this Agreement and a Party’s lack of funding or non-allocation of internal resources is not cause for an unavoidable delay beyond the reasonable control of that Party.
Service Acknowledgements. Software Components and Standalone Services operate by forwarding certain data (“Forwarded Data”) to Trend Micro owned or controlled servers for security scanning.
