Third Party Dependencies. The SAP Software may require certain third party software dependencies ("Dependencies") for the use or operation of such SAP Software. These dependencies may be identified by SAP in Maven POM files, product documentation or by other means. SAP does not grant You any rights in or to such Dependencies under this Developer Agreement. You are solely responsible for the acquisition, installation and use of Dependencies. SAP DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES IN RESPECT OF DEPENDENCIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. IN PARTICULAR, SAP DOES NOT WARRANT THAT DEPENDENCIES WILL BE AVAILABLE, ERROR FREE, INTEROPERABLE WITH THE SAP MATERIALS, SUITABLE FOR ANY PARTICULAR PURPOSE OR NON-INFRINGING. YOU ASSUME ALL RISKS ASSOCIATED WITH THE USE OF DEPENDENCIES, INCLUDING WITHOUT LIMITATION RISKS RELATING TO QUALITY, AVAILABILITY, PERFORMANCE, DATA LOSS, UTILITY IN A PRODUCTION ENVIRONMENT, AND NON- INFRINGEMENT. IN NO EVENT WILL SAP BE LIABLE DIRECTLY OR INDIRECTLY IN RESPECT OF ANY USE OF DEPENDENCIES BY YOU.
Third Party Dependencies. The Services may enable Customer to link to, transfer Customer Data to, or otherwise access third parties’ websites, platforms, content, products, services, and information (“Third Party Services”). Plena Data does not control and is not responsible for such Third Party Services. Customer is solely responsible for complying with the terms of access and use of Third Party Services, and if Plena Data accesses or uses any Third Party Services on Customer’s behalf to facilitate performance of the Services or Professional Services, Customer is solely responsible for ensuring that such access and use, including through passwords, credentials or tokens issued or otherwise made available to Customer, is authorized by the terms of access and use for such services. If Customer transfers or causes the transfer of Customer Data from the Services to a Third Party Service or other location, that transfer constitutes a distribution by Customer and not by Plena Data Any Third Party Services that Plena Data makes accessible is provided on an “as-is” and “as available” basis without any warranty of any kind. Customer acknowledges and agrees that Plena Data is not responsible for, and has no obligation to control, monitor, or correct, content from Third Party Services. Plena Data disclaim all liabilities arising from or related to content from Third Party Services. Customer acknowledge that: (i) the nature, type, quality and availability of Third Party Services content may change at any time; and (ii) features of the Services that interoperate with Third Party Services depend on the continuing availability of such third parties’ respective application programming interfaces (APIs). Plena Data may need to update, change or modify the Services under this Agreement as a result of a change in, or unavailability of, such Third Party Services, Third Party Services content, or APIs. If any third party ceases to make its Third Party Services, Third Party Services content or APIs available on reasonable terms for the Services or Professional Services, as determined by Plena Data in is sole discretion, Plena Data may cease providing access to the affected Third Party Services content or Third Party Services without any liability to Customer.
Third Party Dependencies. The CLIENT will ensure that third-party dependencies, including but not limited to connectivity to the selected air-time wholesaler, SMS Gateway provider and interbank network provider, are in place and working properly, to include provision of contracts between the CLIENT and third parties.
Third Party Dependencies. If Contractor is unable to meet an obligation fully to NMHIX under this Agreement because Contractor’s performance was dependent, in whole or in part, on the action or inaction of a third party (excluding any subcontractors of Contractor) (“Third Party Dependency”), then Contractor shall not be liable for failing to meet such obligation if, and only if:
2.14.1 Contractor notified the third party, reasonably in advance, of any Third Party Dependency, its relevance to Contractor’s obligation to NMHIX, and the deadline for the third party to address the Third Party Dependency;
2.14.2 Contractor diligently worked in good faith with the third party to address the Third Party Dependency;
2.14.3 Contractor notified NMHIX that the Third Party Dependency would impede Contractor’s ability to meet its obligations to NMHIX if not addressed, such notice to NMHIX provided promptly upon Contractor’s becoming aware of the issue; and
2.14.4 Contractor used commercially reasonable efforts to work around the Third Party Dependency to meet its obligations to NMHIX in spite of the Third Party Dependency.
Third Party Dependencies. You accept and agree that KXI may require you to have third party software and web services installed for KXI to operate which may be identified by us in the documentation as “Dependencies”. Such Dependencies are made available by third parties and are subject to terms and conditions between you and those third parties. Dependencies licensed by you are not part of KXI and this Agreement does not apply to them (regardless if we recommend or reference such software in our documentation or if we facilitate the delivery to you). You will ensure that you are using the version of the Dependencies recommended by us in the documentation or otherwise noted by us as being the optimal version of the Dependencies to be used for or in
Third Party Dependencies. (a) Notwithstanding anything to the contrary contained in this Support and Maintenance Agreement, Maintenance does not cover resolution of Defects which result from: (i) third party software or hardware or any components thereof; (ii) any modification to the Licensed Software not authorized by Colligo; (iii) the combination of the Licensed Software with another product or products that have not been approved in writing by Colligo for such use, or in hardware or an operating environment that is not certified in writing by Colligo for such use; (iv) use of the Licensed Software by Client which is not in accordance with the Documentation; (v) consulting, custom solutions or development services (including new feature development); (vi) on-site technical support services provided to Client by Colligo; (vii) implementation and deployment; (viii) product management; (ix) management or leadership of upgrades or migrations; (x) environmental, hardware or operating errors not caused by the Licensed Software; (xi) implementation of custom, user defined logical operations and algorithms or the modification of code to adapt to a specific business task; and (xii) non- standard configurations of the Licensed Software or customization of Microsoft SharePoint deployments.
(b) Colligo will only support the Licensed Software on platforms for which all components are supported by their respective vendors, under standard conditions, as of the date the support request is made by Client to Colligo.
(c) The list of platforms on which each version of the Licensed Software is qualified is decided solely by Xxxxxxx.
(d) Colligo will only provide support on platforms designated in the Documentation. While it is understood that Xxxxxxx does not have responsibility for the set-up and maintenance of third-party software and hardware, Colligo can make recommendations on their parameter settings and configurations, which Client may review and adopt. Should any recommendation conflict with Client’s adopted settings/configurations, and such situations result in a detrimental product impact to either functionality, performance, or usability, Colligo shall bear no responsibility to support reported Defects that arise from such settings/configurations. Client will advise Colligo of any proposed changes to settings and configurations for third-party software and hardware in advance. While Colligo will make reasonable commercial efforts to provide resolutions to Defects with the same third-part...
Third Party Dependencies. Without limiting the generality of Sections 1 and 2 above, there are also dependencies that Citi has on third parties who are parties to Third Party Contracts (“Third Party Dependencies”) that could impact its ability to deliver the Services. These include:
(a) The communications systems operated by third parties instructed by the Client in respect of activities which interface with the Services remaining fully operational.
(b) Market data, custodian information and counterparty information required to validate Instructions from the Client or perform any reconciliation service are available, authorized, complete and correct.
(c) Third parties remaining in compliance with relevant Third Party Contracts and applicable Law to the extent that such compliance has a material impact on the ability of Citi to provide the Services.
(d) If Citi from time to time identifies a matter not listed in Section 3:
(i) Client; and that can reasonably only be performed by a third party that is an agent of the
(ii) upon which Citi’s delivery of the Services is dependent, it shall notify the Client in writing and the Parties shall meet and seek to agree in good faith the inclusion of such matter in the list in Section 3 of this Schedule 3. This document represents the Fee Schedule to the Amended and Restated Master Services Agreement between Citi Fund Services Ohio, Inc. and DFA Investment Trust Company solely with respect to DFA Short Term Investment Fund (the “Fund”), dated July 13, 2016.
Third Party Dependencies. The operation of The Product is partly dependent on technical equipment and infrastructures originating from (third-party) suppliers, such as internet connections and hosting, which fall outside the sphere of influence of Flashgroup. Flashgroup is not liable for the functioning of the relevant technical equipment and intended infrastructures and the peripheral equipment used, or for failure or inaccessibility of or malfunctions in The Product, nor for any consequences thereof. You indemnify Flashgroup against all claims by third parties for damage as a result of such a malfunction or defect.
Third Party Dependencies. The provision of EMS Services is subject to Cinedigm receiving certain infrastructure, services, products, assistance and cooperation from third parties (collectively, the "Third Party Dependencies"), including the availability of the Internet and telecommunications connectivity.
Third Party Dependencies. Without limiting the generality of Sections 1 and 2 above, there are also dependencies that Citigroup has on third parties who are parties to Third Party Contracts (“Third Party Dependencies”) that could impact its ability to deliver the Services. These include:
(a) The communications systems operated by third parties instructed by the Client in respect of activities which interface with the Services remaining fully operational.
(b) Market data, custodian information and counterparty information required to validate Instructions from the Client or perform any reconciliation service are available, authorized, complete and correct.
(c) Third parties remaining in compliance with relevant Third Party Contracts and applicable Law to the extent that such compliance has an impact on the ability of Citigroup to provide the Services.
(d) If Citigroup from time to time identifies a matter not listed in Section 3:
(i) that can reasonably only be performed by a third party that is an agent of the Client;
(ii) upon which Citigroup’s delivery of the Services is dependent, it shall notify the Client in writing and the Parties shall meet and seek to agree in good faith the inclusion of such matter in the list in Section 3 of this Schedule 3.
