Common use of Service and System Control Clause in Contracts

Service and System Control. Except as otherwise expressly provided in this Agreement, as between the parties: (a) Provider has and will retain sole control over the operation, provision, maintenance and management of the Services and Provider Materials, including the: (i) Provider Systems; (ii) selection, deployment, modification and replacement of the Service Software; and (iii) performance of Support Services and Service maintenance, upgrades, corrections and repairs; and (b) Customer has and will retain sole control over the operation, maintenance and management of, and all access to and use of, the Customer Systems, and sole responsibility for all access to and use of the Services and Provider Materials by any Person by or through the Customer Systems or any other means controlled by Customer or any Authorized User, including any: (i) information, instructions or materials provided by any of them to the Services or Provider; (ii) results obtained from any use of the Services or Provider Materials; and (iii) conclusions, decisions or actions based on such use.

Appears in 2 contracts

Samples: Software as a Service Agreement, Software as a Service Agreement

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Service and System Control. Except as otherwise expressly provided in this Agreement, as between the partiesParties: (a) Provider has and will retain sole control over the operation, provision, maintenance maintenance, and management of the Services and Provider Materials, including the: (i) Provider Systems; (ii) selection, deployment, modification and replacement of the Service Software; and (iii) performance of Support Services and Service maintenance, upgrades, corrections and repairs; and (b) Customer has and will retain sole control over the operation, maintenance maintenance, and management of, and all access to and use of, the Customer Systems, and sole responsibility for all access to and use of the Services and Provider Materials by any Person by or through the Customer Systems or any other means controlled by Customer or any Authorized User, including any: : (i) information, instructions instructions, or materials provided by any of them to the Services or Provider; ; (ii) results obtained from any use of the Services or Provider Materials; and and (iii) conclusions, decisions decisions, or actions based on such use.

Appears in 2 contracts

Samples: Software as a Service Subscription Agreement, Software as a Service Subscription Agreement

Service and System Control. Except as otherwise expressly provided in this Agreement, as between the parties: (a) Provider has and will retain sole control over the operation, provision, maintenance and management of the Services and Provider Materials, including the: (i) Provider Systems; (ii) selection, deployment, modification and replacement of the Service Software; and (iii) performance of Support Services and Service maintenance, upgrades, corrections and repairs; and (b) Customer has and will retain sole control over the operation, maintenance and management of, and all access to and use of, the Customer Systems, and sole responsibility for all access to and use of the Services and Provider Materials by any Person by or through the Customer Systems or any other means controlled by Customer or any Authorized User, including any: (i) information, instructions or materials provided by any of them to the Services or Provider; (ii) results obtained from any use of the Services or Provider Materials; and (iii) conclusions, decisions or actions based on such use.

Appears in 2 contracts

Samples: Software as a Service User Agreement, Software as a Service User Agreement

Service and System Control. Except as otherwise expressly provided in this Agreement, as between the parties: (a) Provider has and will retain sole control over the operation, provision, maintenance maintenance, and management of the Services and Provider Materials, including the: (i) Provider Systems; (ii) selection, deployment, modification and replacement of the Service Software; and (iii) performance of Support Services and Service maintenance, upgrades, corrections and repairs; and (b) Customer has and will retain sole control over the operation, maintenance maintenance, and management of, and all access to and use of, the Customer Systems, and sole responsibility for all access to and use of the Services and Provider Materials by any Person by or through the Customer Systems or any other means controlled by Customer or any Authorized User, including any: (i) information, instructions instructions, or materials provided by any of them to the Services or Provider; (ii) results obtained from any use of the Services or Provider Materials; and (iii) conclusions, decisions decisions, or actions based on such use.

Appears in 2 contracts

Samples: Software as a Service Agreement, Software as a Service Agreement

Service and System Control. Except as otherwise expressly provided in this Agreement, as between the partiesParties: (a) Provider has We have and will retain sole control over the operation, provision, maintenance maintenance, and management of the Services and Provider Materials, including the: (i) Provider Systems; (ii) selection, deployment, modification and replacement of the Service Software; and (iii) performance of Support Services and Service maintenance, upgrades, corrections and repairs; and (b) Customer has You have and will retain sole control over the operation, maintenance maintenance, and management of, and all access to and use of, the Customer Systems, and sole responsibility for all access to and use of the Services and Provider Materials by any Person by or through the Customer Systems or any other means controlled by Customer you or any Authorized User, including any: (i) information, instructions instructions, or materials provided by any of them to the Services or Providerus; (ii) results obtained from any use of the Services or Provider Materials; and (iii) conclusions, decisions decisions, or actions based on such use.

Appears in 1 contract

Samples: Software as a Service Subscription Agreement

Service and System Control. Except as otherwise expressly provided in this Agreement, as between the parties: (a) Provider has and will retain sole control over the operation, provision, maintenance maintenance, and management of the Services and Provider Materials, including the: (i) Provider Systems; (ii) selection, deployment, modification and replacement of the Service Software; and (iii) performance of Support Services and Service maintenance, upgrades, corrections and repairs; and (b) Customer has and will retain sole control over the operation, maintenance maintenance, and management of, and all access to and use of, the Customer Systems, and sole responsibility for all access to and use of the Services and Provider Materials by any Person by or through the Customer Systems or any other means controlled by Customer or any Authorized User, including any: (i) information, instructions instructions, or materials provided by any of them to the Services or Provider; (ii) results obtained from any use of the Services or Provider Materials; and (iii) conclusions, decisions decisions, or actions based on such use. (c) Notwithstanding anything to the contrary in this Agreement, all Services, including all Processing of Customer Data by or on behalf of Provider shall be provided solely from within, and on computers, systems, networks, and other infrastructure located in, the United States.

Appears in 1 contract

Samples: Software as a Service Agreement

Service and System Control. Except as otherwise expressly provided in this Agreement, as between the partiesParties: (a) Provider has and will retain sole control over the operationdevelopment, provision, operation and maintenance and management of the Services and Provider Materials, including the: (i) Provider Systems; (ii) selection, deployment, modification and replacement of the Service Software; and (iii) performance of Support Services and Service maintenance, upgrades, corrections and repairs; and (b) Customer has and will retain sole control over the operation, maintenance maintenance, and management of, and all access to and use of, the Customer Systems, and sole responsibility for all access to and use of the Services and Provider Materials by any Person by or through the Customer Systems or any other means controlled by Customer or any Authorized User, including any: (i) information, instructions instructions, or materials provided by any of them to the Services or Provider; (ii) results obtained from any use of the Services or Provider Materials; and (iii) conclusions, decisions decisions, or actions based on such use.

Appears in 1 contract

Samples: Terms of Service

Service and System Control. Except as otherwise expressly provided in this Agreement, as between the partiesParties: (ai) Provider has and will retain sole control over the operation, provision, maintenance maintenance, and management of the Services Services, Documentation and Provider Materials, including the: (i) Provider Systems; (ii) selection, deployment, modification and replacement of the Service Software; and (iii) performance of Support Services and Service maintenance, upgrades, corrections and repairs; and (bii) Customer has and will retain sole control over the operation, maintenance maintenance, and management of, and all access to and use of, the Customer Systems, and sole responsibility for all access to and use of the Services Services, Documentation and Provider Materials Systems by any Person by or through the Customer Systems or any other means controlled by Customer or any Authorized User, including any: (i) information, instructions instructions, or materials provided by any of them to the Services or Provider; (ii) results obtained from any use of the Services Services, Documentation or Provider MaterialsSystem; and (iii) conclusions, decisions decisions, or actions based on such use.

Appears in 1 contract

Samples: Cloud Services Agreement

Service and System Control. Except as otherwise expressly provided in this AgreementTerms of Service, as between the parties: (a) Provider has and will retain sole control over the operation, provision, maintenance maintenance, and management of the Services and Provider Materials, including the: (i) Provider Systems; (ii) selection, deployment, modification and replacement of the Service Software; and (iii) performance of Support Services and Service maintenance, upgrades, corrections and repairs; and (b) Customer Client has and will retain sole control over the operation, maintenance maintenance, and management of, and all access to and use of, the Customer Client Systems, and sole responsibility for all access to and use of the Services and Provider Materials by any Person by or through the Customer Client Systems or any other means controlled by Customer Client or any Authorized User, including any: (i) information, instructions instructions, or materials provided by any of them to the Services or Provider; (ii) results obtained from any use of the Services or Provider Materials; and (iii) conclusions, decisions decisions, or actions based on such use.

Appears in 1 contract

Samples: Terms of Service

Service and System Control. Except as otherwise expressly provided in this AgreementTerms of Service, as between the parties: (a) Provider has and will retain sole control over the operation, provision, maintenance maintenance, and management of the Services and Provider Materials, including the: (i) Provider Systems; (ii) selection, deployment, modification and replacement of the Service Software; and (iii) performance of Support Services and Service maintenance, upgrades, corrections and repairs; and (b) Customer Client has and will retain sole control over the operation, maintenance maintenance, and management of, and all access to and use of, the Customer Client Systems, and sole responsibility for all access to and use of the Services and Provider Materials by any Person by or through the Customer Client Systems or any other means controlled by Customer Client or any Authorized User, including any: (i) information, instructions instructions, or materials provided by any of them to the Software Services or Provider; (ii) results obtained from any use of the Software Services or Provider Materials; and (iii) conclusions, decisions decisions, or actions based on such use.

Appears in 1 contract

Samples: Terms of Service

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Service and System Control. Except as otherwise expressly provided in this Agreement, as between the partiesParties: (ai) Provider has and will retain sole control over the operation, provision, maintenance maintenance, and management of the Services Services, Documentation and Provider Materials, including the: (i) Provider Systems; and o (ii) selection, deployment, modification and replacement of the Service Software; and (iii) performance of Support Services and Service maintenance, upgrades, corrections and repairs; and (b) Customer has and will retain sole control over the operation, maintenance maintenance, and management of, and all access to and use of, the Customer Systems, and sole responsibility for all access to and use of the Services Services, Documentation and Provider Materials Systems by any Person by or through the Customer Systems or any other means controlled by Customer or any Authorized User, including any: (i) information, instructions instructions, or materials provided by any of them to the Services or Provider; (ii) results obtained from any use of the Services Services, Documentation or Provider MaterialsSystem; and (iii) conclusions, decisions decisions, or actions based on such use.

Appears in 1 contract

Samples: Cloud Services Agreement

Service and System Control. Except as otherwise expressly provided in this Agreement, as between the parties: (a) Parties: Provider has and will retain sole control over the operation, provision, maintenance maintenance, and management of the Services and Provider Materials, including the: (i) Provider Systems; (ii) selection, deployment, modification and replacement of the Service Software; and (iii) performance of Support Services and Service maintenance, upgrades, corrections and repairs; and (b) Customer has and will retain sole control over the operation, maintenance maintenance, and management of, and all access to and use of, the Customer Systems, and sole responsibility for all access to and use of the Services and Provider Materials by any Person by or through the Customer Systems or any other means controlled by Customer or any Authorized User, including any: (i) information, instructions instructions, or materials provided by any of them to the Services or Provider; (ii) results obtained from any use of the Services or Provider Materials; and (iii) conclusions, decisions decisions, or actions based on such use.

Appears in 1 contract

Samples: Gideon Software Terms and Conditions

Service and System Control. Except as otherwise expressly provided in this Agreement, as between the parties: : (a) Provider has and will retain sole control over the operation, provision, maintenance maintenance, and management of the Services and Provider Materials, including the: (i) Provider Systems; (ii) selection, deployment, modification and replacement of the Service Software; and (iii) performance of Support Services and Service maintenance, upgrades, corrections and repairs; and (b) Customer and End User has and will retain sole control over the operation, maintenance maintenance, and management of, and all access to and use of, the Customer and End User Systems, and sole responsibility for all access to and use of the Services and Provider Materials by any Person by or through the Customer and End User Systems or any other means controlled by Customer or any Authorized and End User, including any: (i) information, instructions instructions, or materials provided by any of them to via the Services Service or by the Provider; (ii) results obtained from any use of the Services or Provider Materials; and (iii) conclusions, decisions decisions, or actions based on such use.

Appears in 1 contract

Samples: Software as a Service Agreement

Service and System Control. Except as otherwise expressly provided in this Agreementthese Terms of Service, as between the parties: (a) Provider has and will retain sole control over the operation, provision, maintenance maintenance, and management of the Services and Provider Materials, including the: (i) Provider Systems; (ii) selection, deployment, modification and replacement of the Service Software; and (iii) performance of Support Services and Service maintenance, upgrades, corrections and repairs; and (b) Customer has and will retain sole control over the operation, maintenance maintenance, and management of, and all access to and use of, the Customer Systems, and sole responsibility for all access to and use of the Services and Provider Materials by any Person by or through the Customer Systems or any other means controlled by Customer or any Authorized User, including any: (i) information, instructions instructions, or materials provided by any of them to the Services or Provider; (ii) results obtained from any use of the Services or Provider Materials; and (iii) conclusions, decisions decisions, or actions based on such use.

Appears in 1 contract

Samples: Terms of Service

Service and System Control. Except as otherwise expressly provided in this Agreement, as between the parties: (a) Provider has and will retain sole control over the operation, provision, maintenance and management of the Services and Provider Materials, including the: (i) Provider Systems; (ii) selection, deployment, modification and replacement of the Service Software; and (iii) performance of Support Services and Service maintenance, upgrades, corrections and repairs; and (b) Customer has and will retain sole control over the operation, maintenance and management of, and all access to and use of, of the Customer Systems, and sole responsibility for all access to and use of the Services and Provider Materials by any Person by or through the Customer Systems or any other means controlled by Customer or any Authorized User, including any: (i) information, instructions or materials provided by any of them to the Services or Provider; (ii) results files uploaded or transcoded files downloaded, or otherwise provided or obtained from any use of the Services or Provider Materials; and (iii) deliverables, conclusions, decisions or actions based on such use.

Appears in 1 contract

Samples: Website Use Agreement

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