Updates; Availability of Features and Functions Sample Clauses

Updates; Availability of Features and Functions. Caterpillar may, at any time, modify, upgrade or release a new version of the Mobile Application, or any portion of its features and functions. Unless otherwise expressly and separately agreed by Caterpillar, any new version of the Mobile Application will be subject to the terms of this Agreement. If you do not wish to be subject to the terms of this Agreement with respect to such new version of the Mobile Application, you may terminate this Agreement in accordance with Section 11.2.
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Updates; Availability of Features and Functions. At any time and without notice, ORSTED may modify, upgrade, deprecate, or release a new version of the Services or any portion of its features or functions. If ORSTED provides updates, supplements, or add-on components to the Services after you download or begin to use the Services (collectively, “Updates”), these Terms will apply to the Updates unless ORSTED provides additional terms along with the Update (“Additional Terms”), in which case those Additional Terms will apply to the Update. You agree that ORSTED may automatically check your version of the Services and send Updates to the Services and may release subsequent versions of the Services and require you to use the most current version. ORSTED reserves the right to discontinue your access to the Services or to any Content. If you do not wish to be subject to the Additional Terms or these Terms with respect to the Updates, you may terminate these Terms in accordance with Section 12.
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Updates; Availability of Features and Functions. JCI may, at any time and in its sole discretion, modify, deprecate, upgrade, or release a new version of the Service, or any portion of its features and functions. Unless otherwise expressly and separately agreed to by JCI, any modification or new version of the Service will be subject to the terms of this Agreement. You may be required to pay additional fees to access new features or functions. Certain features and functions of the Service may be made available based on specific configuration of products or on certain Subscription levels and, thus, may not be available to you as part of your Subscription level. We will notify you of any material change to or discontinuation of the Service. If a change made by us pursuant to this Section has a materially adverse effect on your authorized use of the Service, you may notify us in writing, and we may propose resolutions or work- arounds. If we are unable to provide you with a resolution or work-around reasonable satisfactory to you, then notwithstanding anything to the contrary, you may terminate this Agreement upon written notice to us. JCI may change, discontinue or deprecate any APIs utilized for the Service, if any, from time to time but will use commercially reasonable efforts to continue supporting the previous version of any API changed, discontinued, or deprecated for 12 months after the change, discontinuation or deprecation unless supporting the previous version (a) would pose a security or intellectual property issue, (b) is economically or technically burdensome, or (c) is rendered impossible or impractical as a result of a requirement of law or request from governmental entities. The Services may require the installation of Equipment (as defined in Section 6 below) and ancillary embedded software (such software, the “Software”) at your location to function. If we provide Software to you as part of the Service and such Software is not licensed to you under another agreement (such as our standard End User License Agreement), JCI grants you a royalty free, non-assignable, non- exclusive license to use the Software provided to you by JCI as part of the Services for the sole purpose of enabling you to use and enjoy the benefit of the Services as permitted under this Agreement. The Software may update automatically on your hardware and equipment once a new version is available to you.
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Updates; Availability of Features and Functions. Caterpillar may, at any time, modify, upgrade or release a new version of the Digital Offering, or any portion of its features and functions. Unless otherwise expressly and separately agreed by Caterpillar, any new version of the Digital Offering will be subject to the terms of this Agreement. If you do not wish to be subject to the terms of this Agreement with respect to such new version of the Digital Offering, you may terminate this Agreement in accordance with Section 12.2. Certain features and functions of the Digital Offering may be made available based on the specific configuration of Registered Assets or only for certain Subscription levels and, therefore, may not be made available to you as part of your Subscription level. Caterpillar reserves the right to introduce new features or functionality to the Digital Offering for your Subscription level. You may be required to pay additional fees to access or use newly added features or functionality. For the avoidance of doubt, telematics connectivity, fluid sampling services, inspections and other similar services are not provided under this Agreement; you will need to enter into separate agreements with Caterpillar or third parties in order to receive these and other services, such as those that generate data and information that is further processed in connection with the Digital Offering.
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Updates; Availability of Features and Functions. JCI may, at any time and in its sole discretion, modify, deprecate, upgrade, or release a new version of the Software, or any portion of their features and functions. Unless otherwise expressly and separately agreed to by JCI in the Customer Proposal, any modification or new version of any Software provided to Customer shall be subject to the terms of the Agreement. Certain features and functions of the Software may be made available based on specific configuration of products and may not be available to Customer without payment of additional fees. JCI will use commercially reasonable efforts to notify Customer of any material change to or discontinuation of the Software that is the subject of a valid Customer Proposal. If Customer establishes that a change made by JCI pursuant to this Section has a materially adverse effect on Customer’s authorized use of the Software under the Customer Proposal, Customer may notify JCI in writing, and JCI may propose resolutions or work-arounds. If JCI is unable to provide Customer with a resolution or work-around reasonably satisfactory to Customer, then notwithstanding anything to the contrary, Customer may, as its sole and exclusive remedy and JCI’s sole and exclusive liability, terminate the applicable portion of the Customer Proposal upon written notice to JCI and receive a refund for any prepaid license or subscription fees for use of Software after the termination date.
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Related to Updates; Availability of Features and Functions

  • Services Availability 13.1 Pentana Solutions must provide the Services between 0900 hours and 1700 hours GMT, Monday to Friday.

  • Availability of Licensed Materials Upon the Effective Date of this Agreement, Licensor will make the Licensed Materials available to the Licensee, the Participating Institutions and Authorized Users.

  • Accessibility of Web-Based Information and Applications For State Agency Authorized User Acquisitions: Any web-based information and applications development, or programming delivered pursuant to the contract or procurement, will comply with New York State Enterprise IT Policy NYS-P08-005, Accessibility of Web-Based Information and Applications as follows: Any web-based information and applications development, or programming delivered pursuant to the contract or procurement, will comply with New York State Enterprise IT Policy NYS-P08- 005, Accessibility of Web-Based Information and Applications as such policy may be amended, modified or superseded, which requires that state agency web-based information and applications are accessible to persons with disabilities. Web-based information and applications must conform to New York State Enterprise IT Policy NYS-P08-005 as determined by quality assurance testing. Such quality assurance testing will be conducted by the State Agency Authorized User and the results of such testing must be satisfactory to the Authorized User before web-based information and applications will be considered a qualified deliverable under the contract or procurement.

  • Services Available To help resolve employment relationship problems, the Ministry of Business, Innovation and Employment provides: An Information Service

  • Certification Regarding Debarment, Suspension, and Other Responsibility Matters – Primary Covered Transactions The Firm certifies to the best of its knowledge and belief, that it and its principals:

  • Portion of Products/Services Available If only a portion of Products and/or Services is available for shipment or performance to meet the Delivery Date, Supplier shall promptly notify DXC and proceed unless otherwise directed by DXC. Supplier shall be responsible for any cost increase in the shipment of Products due to its failure to meet the Delivery Date and/or if such method does not comply with DXC’s shipping instructions.

  • Technical Feasibility of String While ICANN has encouraged and will continue to encourage universal acceptance of all top-­‐level domain strings across the Internet, certain top-­‐level domain strings may encounter difficulty in acceptance by ISPs and webhosters and/or validation by web applications. Registry Operator shall be responsible for ensuring to its satisfaction the technical feasibility of the TLD string prior to entering into this Agreement.

  • Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions

  • Audit of Existing Content and Functionality By May 1, 2017, the District will propose for OCR’s review and approval the identity and bona fides of an Auditor (corporation or individual) to audit all content and functionality on its website, including, but not limited to, the home page, all subordinate pages, and intranet pages and sites, to identify any online content or functionality that is inaccessible to persons with disabilities, including online content and functionality developed by, maintained by, or offered through a third party vendor or an open source. The Auditor will have sufficient knowledge and experience in website accessibility for people with disabilities to carry out all related tasks, including developing a Proposed Corrective Action Plan. The Audit will use the Benchmarks for Measuring Accessibility set out above, unless the District receives prior permission from OCR to use a different standard as a benchmark. During the Audit, the District will also seek input from members of the public with disabilities, including parents, students, employees, and others associated with the District, and other persons knowledgeable about website accessibility, regarding the accessibility of its online content and functionality.

  • Responsibility for Quality of Materials and Installation Contractor acknowledges that he has full, total, and complete responsibility for providing materials, labor, and all other items necessary for providing the level of quality specified in the Contract Documents. He agrees that this responsibility is indivisible, non-delegable, non- transferable, and not diminished by any inspections provided by the Design Professional or his consulting engineers, nor by any inspections provided by the Owner. In recognition of this, Contractor will prepare for submission and review by the Design Professional, a written program describing the efforts that will be taken to insure the proper quality level is achieved. The program shall be submitted prior to the issuance of a Proceed Order.

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