Subscription Service PROS warrants that during the Subscription Term, the Subscription Service will conform in all material respects to the functional specifications set forth in the Documentation. Customer's sole and exclusive remedy will be the deployment of a corrected version of the PROS software application that is the object of the Subscription Service, or provision of a workaround, provided however if PROS fails to provide such remedy after using commercially reasonable efforts, Customer may exercise its rights herein for breach of contract, including, but not limited to, termination pursuant to Section 10.2.
Subscription Subject to the terms and conditions hereof, at the Closing (as defined below), Subscriber hereby agrees to subscribe for and purchase, and the Company hereby agrees to issue and sell to Subscriber, upon the payment of the Purchase Price, the Subscribed Shares (such subscription and issuance, the “Subscription”).
Subscription Period 5.1.1 The Subscription Period is binding upon both EFI and the Customer, meaning the Customer cannot terminate the Service, the Customer Care and this SAAS Agreement during a Subscription Period. Not- withstanding the above, the Customer can terminate the Subscription due to a material breach of EFI, cf. Section 10.5, or if a material change to the terms and conditions of the SAAS Agreement comes into force, cf. Section 14.5, and if the Customer is not in breach of the SAAS Agreement, EFI will refund a pro-rata portion of the Subscription Fees for the remaining un-used period of the Service and Customer Care.
Subscription Terms Contractor grants to a Purchasing Entity a license to: (i) access and use the Service for its business purposes; (ii) for IaaS, use underlying software as embodied or used in the Service; and (iii) view, copy, upload and download (where applicable), and use Contractor’s documentation. No Contractor terms, including standard click through license or website terms or use of privacy policy, shall apply to Purchasing Entities unless such terms are included in this Master Agreement.