Services Software. “Services Software” is software that Dell may make available to Partner and End User in connection with Services. Services Software may be hosted by Dell or its Affiliate or installed on End User’s computers. Partner agrees that, and it will notify End User in an End User Agreement that, End User shall (i) only use the Services Software in connection with the Services, (ii) use any Services Software hosted by Dell in a lawful manner, without interfering with other Dell customers’ use of the Services Software, and without attempting to disrupt the security or operation of the network or systems used to provide the Services Software; and (iii) not misappropriate, disclose, or otherwise violate Dell’s or Dell’s licensors’ or suppliers’ intellectual property rights in the Services Software. It may be necessary for Dell to perform scheduled or unscheduled repairs or maintenance, or remotely patch or upgrade the Services Software, which may temporarily degrade the quality of the Services or result in a partial or complete outage of the Services Software. Partner agrees, and will ensure End User agrees, that (1) the operation and availability of the systems used for accessing and interacting with the Services Software, including telephone, computer networks, and the internet, or to transmit information, can be unpredictable and may, from time to time, interfere with or prevent access to or use or operation of such services software and (2) Dell parties shall not be liable for any such interference with or prevention of Partner or End User’s access to or use of the Services Software.
Services Software. “Services Software” is software that Supplier may make available to Customer in connection with Services. Services Software may be hosted by Supplier or installed on Customer’s computers. Customer agrees that it shall (i) only use the Services Software in connection with the Supplier’s Services, (ii) use any Services Software hosted by Supplier in a lawful manner, without interfering with other Supplier customer’s use of the Services Software, and without attempting to disrupt the security or operation of the network or systems used to provide the Services Software; and (iii) not misappropriate, disclose, or otherwise violate Supplier’s or its Providers’ intellectual property rights in the Services Software. It may be necessary for Supplier to perform scheduled or unscheduled repairs or maintenance, or remotely patch or upgrade the Services Software, which may temporarily degrade the quality of the Services or result in a partial or complete outage of the Services Software. CUSTOMER AGREES THAT THE OPERATION AND AVAILABILITY OF THE SYSTEMS USED FOR ACCESSING AND INTERACTING WITH THE SERVICES SOFTWARE, INCLUDING TELEPHONE, COMPUTER NETWORKS, AND THE INTERNET, OR TO TRANSMIT INFORMATION, CAN BE UNPREDICTABLE AND MAY, FROM TIME TO TIME, INTERFERE WITH OR PREVENT ACCESS TO OR USE OR OPERATION OF SUCH SERVICES SOFTWARE. SUPPLIER SHALL NOT BE LIABLE FOR ANY SUCH INTERFERENCE WITH OR PREVENTION OF CUSTOMER’S ACCESS TO OR USE OF THE SERVICES SOFTWARE.
Services Software. Where applicable, Datapath may install certain Third-Party Software and Datapath Technology on Devices in Customer’s network for the purpose of delivering Services (“Services Software”). Datapath hereby grants to Customer a limited, non-exclusive, non-transferable, personal license to use the Services Software on the Device for the Term of any applicable Quote, subject to all applicable third-party license terms and requirements. Upon the termination of an applicable Quote, Customer shall return or allow Datapath to remove the Services Software from Customer’s Device, servers and equipment. Customer shall not copy or move any Services Software and shall not use the Services Software in any way other than as provided in this Agreement.
Services Software. “Services Software” is Software that Dell may make available to Customer as necessary to enable Customer to receive and use the Services. Services Software may be hosted by Dell or installed on Customer’s computers. Customer agrees that it shall (i) only use the Services Software as necessary to receive and/or use the Services during the term thereof, (ii) use any Services Software hosted by Dell in a lawful manner, without interfering with other Dell customers’ use of the Services Software, and without attempting to disrupt the security or operation of the network or systems used to provide the Services Software; and (iii) not misappropriate, disclose, or otherwise violate Dell’s or its suppliers’ intellectual property rights in the Services Software.
Services Software. “Services Software” is Software that Contractor may make available to OETC as necessary to enable OETC to receive and use the Services. Services Software may be hosted by Contractor or installed on OETC’s computers. OETC agrees that it shall (i) only use the Services Software as necessary to receive and/or use the Services during the term thereof, (ii) use any Services Software hosted by Contractor in a lawful manner, without interfering with other Contractor OETCs’ use of the Services Software, and without attempting to disrupt the security or operation of the network or systems used to provide the Services Software; and (iii) not misappropriate, disclose, or otherwise violate Contractor’s or its suppliers’ intellectual property rights in the Services Software.
Services Software. At any time during the term of this Service Description, Bank may require in its sole discretion the use of Software in connection with RDC. If Software is required, Bank will provide to Company a copy of the Software or instructions on how to obtain the necessary Software.
a. To the extent the Bank requires the use of Software in connection with RDC, Company will implement and use the Software, as set forth in the Supporting Documents and any applicable materials relating to the Supporting Documents to transmit output files to Bank.
b. Company acknowledges that (i) its License to any Software that may be required for RDC is directly from the Software provider, pursuant to the License agreement that appears when any such Software is electronically accessed by Company or otherwise provided to Company, (ii) Bank may provide certain “first level” support to Company with respect to the Software, but that Bank will have no responsibility, for maintenance, support, infringement protection, or otherwise, to Company with respect to the Software, and (iii) Company will look strictly to the Software provider, or its successors, with respect to any issues concerning the Software that cannot be satisfactorily resolved with Bank’s assistance.
c. Company will use the Software solely for the purpose of transmitting Electronic Files to Bank consistent with this Service Description and not for communications with any other party. Company will not allow access to the Software or the use of RDC by any person other than Company or its Users and will only process Checks directly related to a transaction or obligation between Company and its direct payor.
d. Company will promptly return all copies of the Software and Supporting Documents, including materials related to the Supporting Documents, to Bank upon termination of the Service Description.
e. Company will not reproduce the Software or other functionality, or content included or used for RDC or on which RDC is based. Additionally, Company will not decompile, reverse engineer or disassemble the Software or otherwise attempt to derive computer source code from the Software functionality of RDC.
f. Bank may, from time to time, require and change the Software required for this purpose, provided such change does not result in any additional License or maintenance fees payable by Company. Company will be responsible to install and implement and changes to the Software within five
Services Software. 10.17.1 With respect to Services Software, Company shall: i) utilize Services Software and the results thereof solely for the purposes described Section 1.25; and ii) comply with additional terms, if any, applicable to Services Software as specified in a Product Annex. Nortel may, at any time and without liability or obligation to Company, modify Services Software, any computer equipment of Nortel or its suppliers used in connection with Services Software, and identification codes, manuals or other information or Documentation used in connection 'with Services Software.
10.17.2 SERVICES SOFTWARE IS PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NORTEL DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS THAT MAY BE OBTAINED BY USING SERVICES SOFTWARE. COMPANY ASSUMES SOLE RESPONSIBILITY FOR THE SELECTION OF THE SERVICES SOFTWARE TO ACHIEVE COMPANY'S INTENDED RESULTS, AND FOR THE INSTALLATION, USE, AND RESULTS OBTAINED FROM THE SERVICES SOFTWARE. IN NO EVENT SHALL NORTEL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR PROFITS OR OTHER ECONOMIC LOSS, OF ANY NATURE WHATSOEVER ARISING OUT OF COMPANY'S USE OF SERVICES SOFTWARE.
Services Software. Our service consists of making available to You our Software. To use our Software, you need to have an Account and you need to have an account with a Crypto currency exchange supported by us. The Crypto currency exchanges supported by us can be found on our Website. We are authorised to decide which Crypto currency exchanges are supported by us. We can at any time decide that a Crypto currency exchange is no longer supported and we can add Crypto currency exchanges to our list of supported Crypto currency exchanges. If reasonably possible, we inform you in advance if a Crypto currency exchange is no longer supported. We can for example decide to no longer support a Crypto currency exchange if we have any indications that a license or registration obligation applies to the relevant exchange and the exchange does not comply with such an obligation. Further, indications such as fraud or lack of protecting measures can result in such a decision. That we support a Crypto currency exchange does not guarantee that the Crypto currency exchange does comply with rules and regulations. You are responsible for choosing your Crypto currency exchange. To use the Software you need to enable us to trade on your account by providing us with your API-key via the Account. By accepting these Terms and by providing your API-key you authorise us and you provide us with a power of attorney to access your Crypto currency exchange account(s) for the purpose of opening buy and sell positions on the basis of the Software. Please make sure that the API enables us to trade and not to withdraw your Crypto currencies. Further, we need to be authorised to have insight in the trades made on the basis of our Software and the transaction fees charged by the relevant Crypto currency exchange(s). To start using our Software, the Minimum investment amount needs to be available on your exchange account on the Software starting date and time in the Base currency or euro. The investment amount is the amount chosen by you via your Account. If your investment amount is in a Base currency other than Euro, the investment amount is calculated on the basis of a conversion of your Base currency / Euro according to the exchange rate available on the Crypto currency exchange. If the exchange rate on the Crypto currency exchange is not available, we will use an exchange rate of another exchange rate website with high reputational standards in view of ProfitBird like xxx.xxxxxxxxxxxxx.xxx. We are only autho...
Services Software. Where applicable, BTS may install certain software on computers in Client’s network for the purpose of delivering Services (“Services Software”). BTS hereby grants to Client a limited, non-exclusive license to use the Services Software for the term of this Agreement and of any applicable Services Schedule, subject to any third-party license terms or other requirements. Upon the termination of an applicable Services Schedule, Client shall return or allow BTS to remove the Services Software from Client’s servers and equipment. Client shall not copy or move any Services Software and shall not use the Client Software in any way other than as provided in this Agreement. Unless otherwise agreed to by the parties in a separate writing, any writing or other work of authorship, regardless of medium, created by BTS at Client’s request and specifically described in or otherwise contemplated by any Services Schedule including but not limited to software, source code, blueprints, diagrams, flow charts, specifications or functional descriptions, and specifically including any modifications, enhancements, interfaces (other than interfaces to any BTS software) (individually a “Client Work”) is not to be deemed a “work for hire,” but rather is and will remain the sole and exclusive property of BTS. To the extent any Client Work for any reason is determined not to be owned by BTS, Client hereby irrevocably assigns, transfers and conveys to BTS all of Client's right, title, and interest in such Client Work, including, but not limited to, all rights of patent, copyright, trade secret, know- how, and or other proprietary and associated rights. Client agrees to execute such documents and take such other actions as BTS may reasonably request to protect BTS’ ownership of any such Client Work. However, BTS hereby grants to Client a non-exclusive, perpetual, worldwide license to copy and use such writings or works of authorship for Client’s own business purposes or for the business purposes of Client’s affiliates. The scope of such license shall not include any BTS software, BTS Technology, or any modifications thereto, or any BTS Work (defined below).
Services Software. Where applicable, Bright Bear Technology Solutions may install certain Third Party Software and Bright Bear Technology Solutions Technology on Devices in Customer’s network for the purpose of delivering Services (“Services Software”). Bright Bear Technology Solutions hereby grants to Customer a limited, non-exclusive, non-transferable, personal license to use the Services Software on the Device for the Term of any applicable Quote, subject to all applicable third-party license terms and requirements. Upon the termination of an applicable Quote, Customer shall return or allow Bright Bear Technology Solutions to remove the Services Software from Customer’s Device, servers and equipment. Customer shall not copy or move any Services Software and shall not use the Services Software in any way other than as provided in this Agreement.
