The Movilizer Cloud Sample Clauses

The Movilizer Cloud. The Movilizer Cloud provides a mobile gateway operated by Movilizer and accessible through both, the Movilizer Client and the Movilizer Portal. Movilitas shall use commercially reasonable efforts to make the Movilizer Cloud available and accessible 24 hours a day, 7 days a week, except for: (i) scheduled downtime, or (ii) any unavailability caused by circumstances beyond Movilitas' direct fault and reasonable control (“Force Majeure”), including without limitation, acts of God, acts of government, strikes, lockouts, riots, war, terrorism or other civil disturbance or unrest, earthquakes, weather, fires, flood, explosions, disruptions of communications and other essential services, labour stoppages or other labour problems (other than those involving Movilitas’ employees), computer viruses and malicious attacks or internet service provider failures or delays. Movilitas will provide the Movilizer Cloud, i.e. the Movilizer middleware, consisting of both, the Movilizer Software owned by Movilitas and the Movilizer Hardware, on which the Movilizer Software is installed, providing a mobile gateway operated by Movilitas. Notwithstanding the foregoing, the Parties may agree on the provision of • a Virtual Private Movilizer Cloud; and/or • a Customer Inhouse Movilizer Cloud; provided that any such agreement, to have any force or effect, first must be explicitly and conspicuously agreed upon and noted in the applicable Movilizer SaaS Order.
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