Software Service Exclusions Sample Clauses

Software Service Exclusions. 6.1 Totalmobile is not obliged to provide the Support & Maintenance Services in respect of the Software if: (i) the Licensee is not using the versions of the operating system software as specified by Totalmobile from time to time; or (ii) if the Licensee fails to maintain the Software at Totalmobile's specified release level unless specifically agreed in writing in advance by Totalmobile. 6.2 Totalmobile will undertake responsibility for Software on the Specified System or any approved successor to it only and provided that the Specified System is the subject of a maintenance agreement with the manufacturer of the relevant hardware or with a reputable third party maintainer. 6.3 On-Site Support & Maintenance Services are not included as a standard feature of this Agreement. 6.4 The Support & Maintenance Services do not include services in respect of defects or errors resulting from any modifications or enhancements to the Software not made by Totalmobile or made without the prior written consent of Totalmobile, or resulting from use of the Software in a business process or in a manner not defined during the implementation of the Software as outlined in the Functional Design Specification. Furthermore, any amendments to data or to the tables holding the data by the use of Software query tools which bypass the validation rules incorporated in the Software are not covered by this Service. 6.5 Totalmobile is not obliged to provide the Support & Maintenance Services in respect of the Software if malfunctions are due to incorrect use of the Software, or for any reason external to the Software including, but not limited to, failure or fluctuation of electrical supplies, hardware failures, accident or natural disasters. 6.6 Totalmobile is not obliged to provide the Support & Maintenance Services in respect any components of the Software which have been licensed to Totalmobile by any third party. Totalmobile will use its reasonable endeavours to procure that the relevant third party supports the components of the Software in accordance with its licence obligations (if any). Any costs or expenses arising in connection with such third-party support services for the benefit of the Licensee shall be borne exclusively by the Licensee.
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Software Service Exclusions. The Software Service specifically excludes: (a) the supply, delivery, installation, commissioning, maintenance, repair or other servicing of any Interact Hardware or Interact Luminaire; (b) any review, analysis, or validation that a specific configuration or lighting system design complies with any applicable codes, laws, regulations or standards; (c) variations of the Software Service to meet any specific or custom requirements Customer may have; (d) any asset or data configuration, importation, or exportation support activities, including uploading data into or extracting data of any kind from the Interact database; (e) any Support Services or Third Party Services, including any Authorized Distributor Services.
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Software Service Exclusions. 8.1 The Supplier is not obliged to provide the Support & Maintenance Services in respect of the Software if: (i) the Customer is not using the versions of the operating system software as specified by the Supplier from time to time; or (ii) if the Customer fails to maintain the Software at the Supplier’s specified release level unless specifically agreed in writing in advance by the Supplier. 8.2 The Supplier will undertake responsibility for Software on the Specified System or any approved successor to it only and provided that the Specified System is the subject of a maintenance agreement with the manufacturer of the relevant hardware or with a reputable third party maintainer. 8.3 The Support & Maintenance Services do not include services in respect of defects or errors resulting from any modifications or enhancements to the Software not made by the Supplier or made without the prior written consent of the Supplier, or resulting from use of the Software in a business process or in a manner not defined during the implementation of the Software as outlined in the Functional Design Specification. Furthermore, any amendments to data or to the tables holding the data by the use of Software query tools which bypass the validation rules incorporated in the Software are not covered by this Service. 8.4 The Supplier is not obliged to provide the Support & Maintenance Services in respect of the Software if malfunctions are due to incorrect use of the Software, or for any reason external to the Software including, but not limited to, failure or fluctuation of electrical supplies, hardware failures, accident or natural disasters. 8.5 The Supplier is not obliged to provide the Support & Maintenance Services in respect any components of the Software which have been licensed to the Supplier by any third party. The Supplier will use its reasonable endeavours to procure that the relevant third party supports the components of the Software in accordance with its licence obligations (if any). Any costs or expenses arising in connection with such third- party support services for the benefit of the Customer shall be borne exclusively by the Customer.
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Software Service Exclusions. Unless agreed otherwise by Signify, Software Services exclude: (a) the supply, delivery, installation, commissioning, maintenance, repair or other servicing of any Hardware; (b) any training; (c) variations to Software Services to meet any specific or custom requirements; (d) any asset or data configuration, importation, or exportation, including uploading data into or extracting data from Signify databases; (e) any licenses and associated fees for use of the Network or any browser; (f) any review, analysis, validation or warranty of compliance that a system, as designed or installed, complies with any applicable codes, laws, regulations or standard pertaining to required lighting levels.
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Related to Software Service Exclusions

  • Software Services If elected by Customer, the following Software Services will be made available for Customer’s use. 2.1. Core HR Software Service is a system of interactive web pages to assist Customer in its human resource related recordkeeping and reporting. Customer shall ensure the accuracy of its Customer Data. The HR Software Services shall function in accordance with the Documentation, as may be amended from time to time, and provide features to aid Customer with its compliance with federal and state laws and regulations applicable to Human Resources (except as stated otherwise in the Documentation). 2.2. Recruiting Software Service is a system of interactive web pages to assist Customer in posting job requisitions, storing candidates, recording job applications, and the related recordkeeping and reporting. Customer shall ensure the accuracy of its Customer Data. The Recruiting Software Service shall function in accordance with the Documentation which may be amended from time to time.

  • Hosted Services 4.1 The Provider shall create an Account for the Customer and shall provide to the Customer login details for that Account on, or promptly following, the Effective Date. 4.2 The Provider hereby grants to the Customer a worldwide, non-exclusive licence to use the Hosted Services by means of a Supported Web Browser for the internal business purposes of the Customer in accordance with the Documentation during the Term. 4.3 The licence granted by the Provider to the Customer under Clause 4.2 is subject to the following limitations: (a) the Hosted Services may only be used by the officers, employees, agents, suppliers and subcontractors of the Customer (b) the Hosted Services are based on the agreed number of suppliers to be managed, communicated from time to time, and not by individual user accounts 4.4 Except to the extent expressly permitted in this Agreement or required by law on a non- excludable basis, the licence granted by the Provider to the Customer under Clause 4.2 is subject to the following prohibitions: (a) the Customer must not sub-license its right to access and use the Hosted Services; (b) the Customer must not permit any unauthorised person to access or use the Hosted Services; (c) the Customer must not use the Hosted Services to provide services to third parties; (d) the Customer must not make any alteration to the Platform, except as permitted by the Documentation. 4.5 The Customer shall use reasonable endeavours, including reasonable security measures relating to administrator Account access details, to ensure that no unauthorised person may gain access to the Hosted Services using an administrator Account. 4.6 The Provider shall use all reasonable endeavours to maintain the availability of the Hosted Services to the Customer at the gateway between the public internet and the network of the hosting services provider for the Hosted Services but does not guarantee 100% availability. 4.7 For the avoidance of doubt, downtime caused directly or indirectly by any of the following shall not be considered a breach of this Agreement: (a) a Force Majeure Event; (b) a fault or failure of the internet or any public telecommunications network; (c) a fault or failure of the Customer's computer systems or networks; (d) any breach by the Customer of this Agreement; or (e) scheduled maintenance carried out in accordance with this Agreement. 4.8 The Customer must comply with Schedule 2 (Acceptable Use Policy) and must ensure that all persons using the Hosted Services with the authority of the Customer or by means of an administrator Account comply with Schedule 2 (Acceptable Use Policy). 4.9 The Customer must not use the Hosted Services in any way that causes, or may cause, damage to the Hosted Services or Platform or impairment of the availability or accessibility of the Hosted Services. 4.10 The Customer must not use the Hosted Services: (a) in any way that is unlawful, illegal, fraudulent or harmful; or (b) in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. 4.11 For the avoidance of doubt, the Customer has no right to access the software code (including object code, intermediate code and source code) of the Platform, either during or after the Term. 4.12 The Provider may suspend the provision of the Hosted Services if any amount due to be paid by the Customer to the Provider under this Agreement is overdue, and the Provider has given to the Customer at least 30 days' written notice, following the amount becoming overdue, of its intention to suspend the Hosted Services on this basis.

  • SOFTWARE PIRACY PROHIBITION State or other public funds payable under this Contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of this Contract and any extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Contract, including, without limitation, immediate termination of this Contract and any remedy consistent with federal copyright laws or applicable licensing restrictions.

  • Hosting Services NCR Voyix shall furnish facilities, equipment, computer programs and services, as specified from time to time by NCR Voyix, that NCR Voyix deems necessary for operation and maintenance of the System (collectively, the “Hosting Services”).

  • Service Specification The Parties have agreed upon the scope and specification of the Services provided under this Service Agreement in the Service Specification.

  • Third Party Software The Software may contain third party software which requires notices and/or additional terms and conditions. Such required Third Party Software notices and/or additional terms and conditions are located at xxxxx://xxx.xxxxxxxxxxxxxx.xxx/xxxx-third-party/ (or a successor website thereto) and are made a part of and incorporated by reference into this Agreement.

  • Loop Provisioning Involving Integrated Digital Loop Carriers 2.6.1 Where Xxxx has requested an Unbundled Loop and BellSouth uses IDLC systems to provide the local service to the End User and BellSouth has a suitable alternate facility available, BellSouth will make such alternative facilities available to Xxxx. If a suitable alternative facility is not available, then to the extent it is technically feasible, BellSouth will implement one of the following alternative arrangements for Xxxx (e.g. hairpinning): 1. Roll the circuit(s) from the IDLC to any spare copper that exists to the customer premises. 2. Roll the circuit(s) from the IDLC to an existing DLC that is not integrated. 3. If capacity exists, provide "side-door" porting through the switch. 4. If capacity exists, provide "Digital Access Cross Connect System (DACS)- door" porting (if the IDLC routes through a DACS prior to integration into the switch). 2.6.2 Arrangements 3 and 4 above require the use of a designed circuit. Therefore, non- designed Loops such as the SL1 voice grade and UCL-ND may not be ordered in these cases. 2.6.3 If no alternate facility is available, and upon request from Xxxx, and if agreed to by both Parties, BellSouth may utilize its Special Construction (SC) process to determine the additional costs required to provision facilities. Xxxx will then have the option of paying the one-time SC rates to place the Loop.

  • Support Services Rehabilitation, counselling and EAP’s. Support is strictly non- punitive, and can be accessed at anytime (self-identification of the need for help is strongly encouraged).

  • Software Updates XXXXX agrees to keep current with software licensed from Skyward and will install new versions on a timeline approved by XXXXX governance. This timeline will be communicated by NWRDC to the Districts.

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