The Products and Services Sample Clauses

The Products and Services. 2.1 The Company shall perform the Products and Services with reasonable care and skill. 2.2 Subject to the terms of this Agreement, and in particular the provisions of Clause 10, the Company grants to the Client, a non-exclusive, non-transferable licence for the Product and Services. 2.2.1 Subject to the provisions of Clause 1, to access the Marketplace from the Client Site via a hypertext link between the Client Site and the Company Site; and 2.2.2 To incorporate the Client’s branding into the display of the Marketplace “Marketplace” whenever it is accessed from the ClientSite. 2.3 The Client will not provide access to the Products and Services outside of the Local area without the express permission of the Company. 2.4 Use of the Products and Services pursuant to the licence granted pursuant to Clause 2.2 is confined to the provision of access to the Client’s visitors through the Client’s site and the Company will have no contractual relationship with the Client’s customers. The Company retains all rights not expressly granted to the Client.
Sample 1
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The Products and Services. 2.1 The term (the “Term”) of this Agreement shall commence on the Effective Date and terminate at 11:59 p.m. P.S.T. on the Payment Date on which the last Payment is made. 2.2 Velocity shall provide to AAAA the products (the “Products”) and services (the “Services”) described on Schedule “A” in accordance with the time line described on Schedule “B”. The Products will be delivered F.O.B. in Vancouver, British Columbia. 2.3 In exchange for the Products and Services, AAAA shall pay to Velocity the sum of $u (the “Contract Price”), plus all applicable federal, provincial and state tariffs, duties, sales and use taxes of any kind whatsoever which shall be added to and from part of the Contract Price. The Contract Price shall be paid in u separate payments (the “Payments”) as provided for on Schedule “B”. In the event that any Payment is not made when due, AAAA shall pay to Velocity interest on the balance unpaid at a rate of 1.5% per month, compounded monthly (equivalent to 19.56% per annum) until paid. Each Payment will be made in the form of cash, certified cheque, bank draft, money order or wire transfer payable to “Velocity Software Systems Ltd.”
Sample 1
The Products and Services. 3.4 In particular, the End User shall only use the Products and Services for commercial purposes, specifically in connection with marketing and selling its goods and services to Customers, and will not use the same for any household or personal purposes. The End User shall follow all reasonable instructions given by Xxxxx Pay from time to time with regard to use and access to the Products and Services. The End User shall ensure that the Products and Services are used only for lawful purposes. The End User shall not, and shall not permit any third party, to: (a) access or attempt to access the Service, (or any part) or any related systems or networks that are not intended or made available for public use, or access and/or engage in any use of the Service for fraudulent or illegal purposes; (b) decompile, disassemble, reverse engineer, or otherwise attempt to reconstruct or discover by any means any source code, underlying ideas or algorithms in connection with any aspect of the Service (or any part), except to the extent permitted by law; (c) probe, scan or test the vulnerability of the Service or any related systems or networks, or breach the security or authentication measure of the Service any network or systems connected to the Service; (d) circumvent, disable or defeat any of the security features or components (such as digital rights management software or encryption) that protect the Service; (e) directly or indirectly copy the Service (or any part) except for backup and archival purposes or for copying data, nor modify, translate, or alter in any manner, the Service (or any part), or create derivative works based on the Service (or any part); (f) republish, upload, post, transmit, disclose, or distribute (in any format) the Service (or any part) except as permitted herein; (g) access or use (in any format) the Service (or any part) through any time-sharing service, service bureau, network, consortium, or other means; (h) rent, lease, sell, sublicense, assign, or otherwise transfer the End User’s licence rights to any third party, whether by operation of law or otherwise; (i) remove, relocate, or otherwise alter any proprietary rights notices from the Service (or any part); (j) perform or attempt to perform any actions that would interfere with the proper working of the Products and Services or prevent access to or use of the Products and Services by other users, or in Zappy Pay reasonable judgment (taking into account the size and resources of the E...
Sample 1
The Products and Services. The Products and Services for each Agreement shall be identified in the Offer.
Sample 1
The Products and Services provided by Company under this Contract contain or may contain components and/or technologies from the United States of America ("US"},the European Union ("EU"} and/or other nations. Customer acknowledges and agrees that the Products, assignment and/or usage of the Products, Software, Services, information, other deliverables and/or the embedded technologies (hereinafter referred to as "Deliverables") under these Terms and Conditions of Sale shall fully comply with related applicable US, EU and other national and international export control laws and/or regulations.
Sample 1
The Products and Services. 3.1. Sagacity shall perform the Services with reasonable skill and care, using techniques generally accepted in the data management/data processing services industry. 3.2. The Data Processing Services are performed by Products which are based primarily on Third Party Data. As such, Sagacity can only pass on such warranties and indemnities as are given by the relevant Third-Party Data Supplier in its licence for the relevant data with Sagacity. Any such warranty and/or indemnity will be set out in this Agreement and/or the applicable EUL Terms. 3.3. For the purpose of providing Online Services, Sagacity grants to the End User a non-exclusive, non- transferable licence, without the right to grant sub-licences to access the relevant Product(s) and Services, for its own internal business purposes only. 3.4. Sagacity shall provide Support Services to the End User by telephone and email during Normal Working Hours. The End User may purchase enhanced support services separately at the Supplier's then current rates. 3.5. Sagacity shall not provide the Support Services in respect of (i) any out of date version of the Product(s) (ii) improper use of the Product(s) (iii) use in breach of this Agreement (iv) any defects caused by the End User's failure to implement any updates or Sagacity recommendations (v) any modifications made to the Product(s) other than by Sagacity or (vi) any fault in the End User's equipment or software (including software interfacing with the Products). 3.6. To enable continuous improvement and to provide the best service possible, Sagacity may temporarily suspend access to the Products and/or the Services for maintenance or upgrade work providing reasonable prior notice where possible. 3.7. Updates (minor changes to functionality) and upgrades (major changes to functionality) to the Products and new Services may be available from time to time. 3.8. The End User may provide the Deliverables to a third-party service provider provided that such third party is acting only on the End User's behalf and only uses the Deliverables for the End User's internal business purposes and subject to the terms of this Agreement.
Sample 1
The Products and Services 
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Related to The Products and Services

  • Products and Services General Information

  • Product ACCEPTANCE Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User(s) shall have thirty (30) days from the date of delivery to accept hardware products and sixty (60) days from the date of delivery to accept all other Product. Where the Contractor is responsible for installation, acceptance shall be from completion of installation. Failure to provide notice of acceptance or rejection or a deficiency statement to the Contractor by the end of the period provided for under this clause constitutes acceptance by the Authorized User(s) as of the expiration of that period. The License Term shall be extended by the time periods allowed for trial use, testing and acceptance unless the Commissioner or Authorized User agrees to accept the Product at completion of trial use. Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User shall have the option to run testing on the Product prior to acceptance, such tests and data sets to be specified by User. Where using its own data or tests, Authorized User must have the tests or representative set of data available upon delivery. This demonstration will take the form of a documented installation test, capable of observation by the Authorized User, and shall be made part of the Contractor’s standard documentation. The test data shall remain accessible to the Authorized User after completion of the test. In the event that the documented installation test cannot be completed successfully within the specified acceptance period, and the Contractor or Product is responsible for the delay, Authorized User shall have the option to cancel the order in whole or in part, or to extend the testing period for an additional thirty (30) day increment. Authorized User shall notify Contractor of acceptance upon successful completion of the documented installation test. Such cancellation shall not give rise to any cause of action against the Authorized User for damages, loss of profits, expenses, or other remuneration of any kind. If the Authorized User elects to provide a deficiency statement specifying how the Product fails to meet the specifications within the testing period, Contractor shall have thirty (30) days to correct the deficiency, and the Authorized User shall have an additional sixty (60) days to evaluate the Product as provided herein. If the Product does not meet the specifications at the end of the extended testing period, Authorized User, upon prior written notice to Contractor, may then reject the Product and return all defective Product to Contractor, and Contractor shall refund any monies paid by the Authorized User to Contractor therefor. Costs and liabilities associated with a failure of the Product to perform in accordance with the functionality tests or product specifications during the acceptance period shall be borne fully by Contractor to the extent that said costs or liabilities shall not have been caused by negligent or willful acts or omissions of the Authorized User’s agents or employees. Said costs shall be limited to the amounts set forth in the Limitation of Liability Clause for any liability for costs incurred at the direction or recommendation of Contractor.

  • EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be new and the current model. Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

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