SUPPLIER DATA, USER DATA, ACCEPTABLE USE AND SUPPLIER RESPONSIBILITIES Sample Clauses

SUPPLIER DATA, USER DATA, ACCEPTABLE USE AND SUPPLIER RESPONSIBILITIES. 5.1 License; Ownership; Feedback. Supplier is solely responsible for any and all obligations with respect to the accuracy, completeness, content, quality, timeliness and legality of Supplier Data, and acknowledges that other users of the Services (“Users”) are responsible for the accuracy, completeness, content, quality, timeliness and legality of the content they upload, distribute, post or otherwise make available (collectively, “Make Available”) via the Headset Solution (such content of other users, “User Content”). Supplier will obtain all third-party licenses, consents and permissions needed for Headset to use the Supplier Data to provide the Services (which includes the ability of Headset to use such Supplier Data to improve the Services) and to exercise all licenses granted by Supplier herein. Supplier grants Headset a non-exclusive, worldwide, royalty- free and fully paid license during the Term to use the Supplier Data (a) as necessary for purposes of providing the Services, (b) in order to improve the Services, and (c) generate Anonymized Data. For clarity, Headset owns all Anonymized Data and Headset may freely and perpetually use, share, and disclose Anonymized Data, during and after the Term, for commercial uses including e.g., developing aggregate statistical analyses, improving the Service, and sharing with third parties. Supplier also hereby grants to Headset a non-exclusive, sub-licensable, royalty-free, worldwide, perpetual, irrevocable, fully transferable, royalty-free and fully paid right and license to: use or incorporate into the Services any suggestions, ideas, feedback, recommendations or other information provided by Supplier or its Authorized Users with respect to the Services (“Feedback”) and to reproduce, distribute, modify, create derivative works of, publicly perform and display, and sub-license Feedback. For avoidance of doubt, Anonymized Data and Feedback are not Confidential Information of Supplier. The Supplier Data, and all worldwide Intellectual Property Rights in it, is the exclusive property of Supplier. All rights in and to the Supplier Data not expressly granted to Headset in this Agreement are reserved by Supplier.
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Related to SUPPLIER DATA, USER DATA, ACCEPTABLE USE AND SUPPLIER RESPONSIBILITIES

  • Service Level Agreement 6.1 NCR Voyix will use commercially reasonable efforts to make the Service available to you at or above the Availability Rate set forth at xxxxx://xxx.xxx.xxx/support/aloha-sla. If NCR Voyix does not meet the Availability Rate, you are entitled to request a service-level credit subject to the terms of this Agreement. This credit is calculated as a percentage of the monthly recurring bill (or monthly pro rata share of billing, if billing does not occur monthly) for the Service for the month in which the Availability Rate was not met. The Availability Rate is determined by: (a) dividing the total number of valid outage minutes in a calendar month by the total number of minutes in that month; (b) subtracting that quotient from 1.00; (c) multiplying that difference by 100; and (d) rounding that result to two decimal places in accordance with standard rounding conventions. The number of outage minutes per day for a given service is determined by the lesser of the number of outage minutes. 6.2 Unavailability due to other conditions or caused by factors outside of NCR Voyix’s reasonable control will not be included in the calculation of the Availability Rate. Further, the following are expressly excluded from the calculation of the Availability Rate: (a) service unavailability affecting services or application program interfaces that are not used by you; (b) cases where fail-over to another data center is available but not utilized; (c) transient time-outs, required re-tries, or slower-than-normal response caused by factors outside of NCR Voyix’s reasonable control; (d) Scheduled Downtime, including maintenance and upgrades; (e) force majeure; (f) transmission or communications outages outside the NCR Voyix- controlled environment; (g) store-level down-time caused by factors outside of NCR Voyix’s reasonable control; (h) outages attributable to services, hardware, or software not provided by NCR Voyix, including, but not limited to, issues resulting from inadequate bandwidth or related to third-party software or services; (i) use of the Service in a manner inconsistent with the documentation for the application program interface or the NCR Voyix Product; (j) your Point of Sale (“POS”) failure or the failure to properly maintain the POS environment, including updating the POS firmware or version of the software running on the POS as recommended by either NCR Voyix, a third-party POS reseller or servicer; and (k) issues related to third party domain name system (“DNS”) errors or failures. 6.3 To obtain a service-level credit, you must submit a claim by contacting NCR Voyix through the website at xxxxx://xxx.xxx.xxx/support/aloha-sla Your failure to provide the claim and other information will disqualify you from receiving a credit. NCR Voyix must receive claims within 60 days from the last day of the impacted month. After that date, claims are considered waived and will be refused. You must be in compliance with the Agreement in order to be eligible for a service-level credit. You may not unilaterally offset for any performance or availability issues any amount owed to NCR Voyix. If multiple Services experience an outage in a given month, the total credit for that month will be the highest credit allowed for any single Service which failed; there is no stacking of credits. 6.4 The remedies set forth in the Section are your sole and exclusive remedies for performance or availability issues affecting the Services, including any failure by NCR Voyix to achieve the Availability Rate.

  • Statement of Work The Statement of Work to which Grantee is bound is incorporated into and made a part of this Grant Agreement for all purposes and included as Attachment A.

  • Customer Responsibilities Notwithstanding the above, Customer agrees that except as provided by this DPA, Customer is responsible for its secure use of the Services, including securing its account authentication credentials, protecting the security of Customer Data when in transit to and from the Services and taking any appropriate steps to securely encrypt or backup any Customer Data uploaded to the Services.

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