Software Failure Sample Clauses

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Software Failure. A malfunction in the Contractor-supplied software, other than operating software, which prevents the accomplishment of work, even though the equipment (including its operating software) may still be capable of operating properly. For operating software failure, see definition of equipment failure. See System – The complete collection of hardware, software and services as described in this Contract, integrated and functioning together, and performing in accordance with this Contract.
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Software Failure. A malfunction in the Contractor supplied Software, other than Operating Software, which prevents the accomplishment of work, even though the Equipment (including its Operating Software) may still be capable of operating properly. For Operating Software failure, see Paragraph 7c for definition of Equipment Failure. u. PCC - Public Contract Code.
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Software Failure. You acknowledge that Absolute is not the developer of any of the commercial or open-source software that is used to provide the Services hereunder. In the event of such Software Failure, if in the reasonable discretion of Absolute and you, such Software Failure cannot be cured and if, at the time of such failure no other functionally equivalent software compatible with the equipment is commercially available, you will have the right to immediately terminate the applicable Service Order without penalty to either party. Absolute will not be liable to you or to any third party for any costs or expenses with respect to such termination.
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Software Failure. Customer acknowledges that SunGard is not the developer of any of the software product(s) used to provide the Services hereunder. SunGard shall not be responsible for the failure to meet any Service Levels or any damages if such failure or damages are caused by the failure of any software to perform in accordance with its specifications (“Software Failure”) and such Software Failure is not caused by SunGard’s negligence, willful misconduct or failure to maintain a maintenance contract on the particular software which has failed. In the event of a Software Failure, if in the reasonable discretion of SunGard and Customer, such Software Failure cannot be cured and if, at the time of such failure no other functionally equivalent software compatible with the Equipment is commercially available, Customer shall have the right to immediately terminate the applicable Schedule without penalty to either party SunGard shall not be liable to Customer or any third party for any damages with respect to such termination. MIT0905
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Related to Software Failure

  • Equipment Failures In the event of equipment failures beyond the Administrator's control, the Administrator shall take reasonable and prompt steps to minimize service interruptions but shall have no liability with respect thereto. The Administrator shall develop and maintain a plan for recovery from equipment failures which may include contractual arrangements with appropriate parties making reasonable provision for emergency use of electronic data processing equipment to the extent appropriate equipment is available.

  • Epidemic Failure Warranty Supplier warrants all Products against Epidemic Failure for a period of three years after DXC’s Acceptance. Epidemic Failure means the occurrence of the same failure, defect, or non-conformity with an Order in 2% or more of Products within any three-month period.

  • Power Failure Power Failure means the failure of power or other utility service if the failure takes place off the "residence premises". But if the failure results in a loss, from a Peril Insured Against on the "residence premises", we will pay for the loss caused by that peril.

  • Payment Failure Any Credit Party (i) fails to pay any principal when due under this Agreement or (ii) fails to pay, within three Business Days of when due, any other amount due under this Agreement or any other Credit Document, including payments of interest, fees, reimbursements, and indemnifications;

  • Software Upgrades All Software Releases (including all Error corrections made available pursuant to this Agreement) that RSA in its sole discretion: (a) deems to be logical improvements to the Software; (b) make generally available to all licensees of the Software; and (c) does not separately price or market.