Software and Hosting Services Sample Clauses

Software and Hosting Services eXalt will provide access to the Application Services via the Internet to Customer and Authorized Syndications. eXalt may elect to host the Software or, alternatively, subcontract for such services with third party application hosting providers (“third party provider”) in its discretion. In the event that eXalt subcontracts with a third party application hosting provider, such provider’s terms and conditions of service are attached as Schedule E. Customer acknowledges that it has read such terms and conditions of service and agrees to be bound thereby, to the extent that such terms and conditions are applicable to Customer. In the event that eXalt elects to change its third party provider, eXalt shall use commercially reasonable efforts to find a third party provider that shall continue to provide comparable services and shall notify Customer of such third party provider’s terms and conditions. Customer shall review and to the extent reasonable, agree to be bound to any new or additional terms. eXalt shall use commercially reasonable efforts to provide up-to-date virus scanning software, to safeguard passwords, to use and maintain firewalls, and to maintain the Application Services in a secure environment. Subject to the performance level criteria described in Schedule D, eXalt does not warrant that any hosting service or the server that makes it available are free of viruses or other harmful components or that Customer, end users and other third parties will have uninterrupted access to such server. Whether or not eXalt provides such services directly, eXalt and its third party providers do not and cannot control the flow of data to or from servers to other portions of the Internet. Such flow depends in large part on the performance of Internet services provided or controlled by third party providers. At times, actions or inactions caused by these third party providers can produce situations in which availability of hosting services may be impaired or disrupted. In addition, Customer agrees that neither eXalt nor its suppliers shall, under any circumstances, be held responsible or liable for situations where the data stored or communicated through the Application Services are accessed by third parties through illegal or illicit means including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws which may exist. Although eXalt will not systematically monitor content which is submitted by third parties to, s...
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Software and Hosting Services. 1 The Software
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Software and Hosting Services 
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Related to Software and Hosting Services

  • Hosting Services 13.1 If Supplier or its subcontractor, affiliate or any other person or entity providing products or services under the Contract Hosts Customer Data in connection with an Acquisition, the provisions of Appendix 1, attached hereto and incorporated herein, apply to such Acquisition.

  • Hardware and Software Requirements In order to access and retain Disclosures electronically, you must satisfy the following computer hardware and software requirements: access to the Internet; an email account and related software capable of receiving email through the Internet; a web browser which is SSL-compliant and supports secure sessions, and hardware capable of running this software.

  • Software Title and ownership to Existing Software Product(s) delivered by Contractor under the Contract that is normally commercially distributed on a license basis by the Contractor or other independent software vendor proprietary owner (“Existing Licensed Product”), embedded in the Custom Products, shall remain with Contractor or the proprietary owner of other independent software vendor(s) (ISV). Effective upon acceptance, such Product shall be licensed to Authorized User in accordance with the Contractor or ISV owner’s standard license agreement, provided, however, that such standard license, must, at a minimum: (a) grant Authorized User a non-exclusive, perpetual license to use, execute, reproduce, display, perform, adapt (unless Contractor advises Authorized User as part of Contractor’s proposal that adaptation will violate existing agreements or statutes and Contractor demonstrates such to the Authorized User’s satisfaction) and distribute Existing Licensed Product to the Authorized User up to the license capacity stated in the Purchase Order or work order with all license rights necessary to fully effect the general business purpose(s) stated in the Bid or Authorized User’s Purchase Order or work order, including the financing assignment rights set forth in paragraph (c) below; and (b) recognize the State of New York as the licensee where the Authorized User is a state agency, department, board, commission, office or institution. Where these rights are not otherwise covered by the ISV’s owner’s standard license agreement, the Contractor shall be responsible for obtaining these rights at its sole cost and expense. The Authorized User shall reproduce all copyright notices and any other legend of ownership on any copies authorized under this clause. Open source software is developed independently of Contractor and may be governed by a separate license (“open source software”). If the open source software is governed by a separate License and provided under this Contract, Contractor shall provide a copy of that license in the applicable Documentation and the Authorized User's license rights and obligations with respect to that open source software shall be defined by those separate license terms and subject to the conditions, if any, therein. Nothing in this Contract shall restrict, limit, or otherwise affect any rights or obligations the Authorized User may have, or conditions to which the Authorized User may be subject, under such separate open source license terms.

  • Training Services Training Services may include pre-packaged training Products, and/or the development or customization of training programs as requested, including Live Training, Computer Based/Multi-Media Training which encompasses Internet-Delivered Training, and/or Video Based Training.

  • Third Party Software 1. The Software may contain third party software that requires and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions are located at xxxx://xxx.xxxxxxxxx.xxx/thirdparty/index.html and are made a part of and incorporated by reference into this XXXX. By accepting this XXXX, You are also accepting the additional terms and conditions, if any, set forth therein.

  • Marketing Services The Manager shall provide advice and assistance in the marketing of the Vessels, including the identification of potential customers, identification of Vessels available for charter opportunities and preparation of bids.

  • Support Services HP’s support services will be described in the applicable Supporting Material, which will cover the description of HP’s offering, eligibility requirements, service limitations and Customer responsibilities, as well as the Customer systems supported.

  • Software Licenses Seller has all necessary licenses to use all material third-party software used in connection with the Purchased Assets, and to Sellers’ knowledge, Sellers’ use of third-party software does not infringe the rights of any Person or Entity.

  • Hosting 46.7.4.1 At CLEC’s request, SBC-SWBT and SBC-AMERITECH shall perform hosting responsibilities for the provision of billable message data and/or access usage data received from CLEC for distribution to the appropriate billing and/or processing location or for delivery to CLEC of such data via SBC-SWBT’s and SBC-AMERITECH’s internal network or the nationwide CMDS network pursuant to the applicable Appendix HOST, which is/are attached hereto and incorporated herein by reference.

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