Use of Services and Content. Subscriptions. Unless otherwise provided in the applicable Order Form, (a) Services and Content are purchased as subscriptions, (b) subscriptions may be added during a subscription term at the same pricing as the underlying subscription pricing, prorated for the portion of that subscription term remaining at the time the subscriptions are added, and (c) any added subscriptions will terminate on the same date as the underlying subscriptions.
Use of Services and Content. 3.1 Sage Services are only available to bona fide end-users with a requirement for services of the nature of those that we provide. We reserve the right to terminate this Agreement without further liability to you where we have reasonable grounds to suspect that your use of the Sage Services is for competitive purposes (including competitive monitoring, assessment or otherwise).
3.2 Unless otherwise set out in the applicable Order Form,
3.2.1 Sage Services and Content are each purchased as subscriptions;
3.2.2 subscriptions may be added during a subscription term at the same pricing as the underlying subscription pricing (without any discount), prorated for the portion of that subscription term remaining at the time the subscriptions are added, and
3.2.3 any added subscriptions will terminate on the same date as the underlying subscriptions.
3.3 Sage Services and Content are subject to usage limits. Unless otherwise specified:
3.3.1 a ‘quantity’ in an Order Form refers to the upper limit of Users that are authorised to use the particular Sage Service or Content;
3.3.2 a User’s password must not be shared; and
3.3.3 a User identification may be reassigned to a new individual replacing one who no longer requires ongoing use of the Sage Service and Content. If you exceed a contractual usage limit, we may (in accordance with section 4 below) work with you to seek to reduce your usage so that it conforms to that limit. If, notwithstanding our efforts, you are unable or unwilling to abide by a contractual usage limit, you will execute an Order Form for additional quantities of the applicable Sage Services or Content promptly upon our request, and/or pay any invoice for excess usage in accordance with section 6.4.
3.3.4 each User license, including any User license included in an initial package is a single seat and is not based on the number of simultaneous Users.
3.4 You shall:
3.4.1 remain responsible for Users’ and your Affiliate’s compliance with this Agreement;
3.4.2 be responsible for the accuracy, quality and legality of Customer Data and the means by which you acquire Customer Data;
3.4.3 use commercially reasonable efforts to prevent unauthorised access to or use of Sage Services and Content, and notify us promptly of any such unauthorised access or use;
3.4.4 use Sage Services and Content only in accordance with the Collateral and applicable law and regulation; and
3.4.5 comply with any terms concerning Non-Sage Applications with which you use Sage Ser...
Use of Services and Content. 3.1 Sage Services are only available to bona fide end-users with a requirement for services of the nature of those that we provide. We reserve the right to terminate this Agreement without further liability to you where we have reasonable grounds to suspect that your use of the Sage Services is for competitive purposes (including competitive monitoring, assessment or otherwise).
3.2 Unless otherwise set out in the applicable Order Form,
3.2.1 Sage Services and Content are each purchased as subscriptions;
3.2.2 subscriptions may be added during a subscription term at the same pricing as the underlying subscription "Non-Sage Applications" third party services or products that interoperate with the Sage Services, including, for example, an application that is developed by or for you or by a third party which is listed on a Marketplace; “Order Form” our pro-forma order form setting out the Sage Services to be provided by us to you (or your Affiliates) together with any special terms and conditions relating to those Sage Services which are each incorporated into this Agreement. By executing an Order Form, an Affiliate agrees to be bound by the terms of this Agreement as if it were an original party to it but you shall remain fully responsible for such Affiliates’ compliance with this Agreement;
Use of Services and Content. 3.1 Subscriptions. Unless otherwise provided in the applicable Order Form, any SoW or Documentation;
a) Purchased Services and access to Content are purchased as subscriptions for the term stated in the applicable Order Form or in the applicable online purchasing portal;
b) subscriptions for Purchased Services may be added during a subscription term at the same pricing as the underlying subscription pricing, prorated for the portion of that subscription term remaining at the time the subscriptions are added, and c) any added subscriptions will terminate on the same date as the underlying subscriptions. Customer agrees that its purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Prospecta regarding future functionality or features.
Use of Services and Content. 4.1 Admin Configuration.
4.1.1 IoT4I App initial configuration process. The Administrator will have access to an "Octo Setting" configuration page, which will allow him/her to set the core features of the app and activate it . The process will be structured as follows: ● If the app has not yet been activated for the first time, the Admin will have to complete some steps described below to activate the IoT4I App; ● If the configuration process has been completed and the IoT4I App is active, the “Octo Setting” page will display the various configuration sections containing the selected settings. The information that the application is active, the data of the activated profile and the other configurations will be saved in dedicated “Custom Settings” (and appropriately protected), so as to be easily accessible by all the functionalities of the application. Only the Administrator will have access to those custom settings.
Use of Services and Content. Non-Qeexo Products and Services
Use of Services and Content. Subscription/Services. Unless otherwise provided in the applicable Order Form or Documentation, (a) Purchased Services and access to Content are purchased as Service subscriptions for the term stated in the applicable Order Form or in the applicable online purchasing portal, (b) additional subscriptions for Purchased Services may be added during a subscription term at the same pricing as the underlying subscription pricing, prorated for the portion of that subscription term remaining at the time the subscriptions are added, and (c) any added subscriptions will terminate on the same date as the underlying subscriptions. Customer agrees that its purchases are not contingent on the
Use of Services and Content. Subscriptions. Unless otherwise provided in the applicable Order Form, (a) Services and Content are purchased as subscriptions, (b) subscriptions may be added during a subscription term at the same pricing as the underlying subscription pricing, prorated for the portion of that subscription term remaining at the time the subscriptions are added, and (c) any added subscriptions will terminate on the same date as the underlying subscriptions. The standard term of a license is one year unless otherwise stated in Your order form. Usage Limits. Services and Content are subject to usage limits, including, for example, the quantities specified in Order Forms. Unless otherwise specified, (a) a quantity in an Order Form refers to Licenses, and the Service or Content may not be accessed by more than that number of Users, (b) a User’s password may not be shared with any other individual, and (c) a User identification may be reassigned to a new individual replacing one who no longer requires ongoing use of the Service or Content. If You exceed a contractual usage limit, We may work with You to seek to reduce Your usage so that it conforms to that limit. If, notwithstanding Our efforts, You are unable or unwilling to abide by a contractual usage limit, You will execute an Order Form for additional quantities of the applicable Services or Content promptly upon Our request, and/or pay any invoice for excess usage in accordance with Section 6.2 (Invoicing and Payment).
Use of Services and Content. Subscriptions: Unless otherwise provided in the applicable Order Form, (a) Services and Content are purchased as subscriptions, (b) subscriptions may be added during a subscription term at the same pricing as the underlying subscription pricing, prorated for the portion of that subscription term remaining at the time the subscriptions are added, and (c) any added subscriptions will terminate on the same date as the underlying subscriptions. Usage Limits: Services and Content are subject to usage limits, including, for example, the maximum number of inventory items as specified in order forms. Unless otherwise specified, the specific subscription plan in an Order Form refers to the maximum number of inventory items added to the system, and additional items above this quantity will not be allowed. If You exceed a contractual usage limit, We may work with You to seek to reduce Your usage so that it conforms to that limit. If, notwithstanding SurgiCare Software efforts, You are unable or unwilling to abide by a contractual usage limit, You will execute an Order Form for additional quantities of the applicable Services or Content promptly upon Our request. Usage Restrictions: You will not (a) make any Service or Content available to, or use any Service or Content for the benefit of, anyone other than You or Users, (b) sell, resell, license, sublicense, distribute, rent or lease any Service or Content, or include any Service or Content in a service bureau or outsourcing offering, (c) use a Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (d) use a Service to store or transmit Malicious Code, (e) interfere with or disrupt the integrity or performance of any Service or third-party data contained therein, (f) attempt to gain unauthorized access to any Service or Content or its related systems or networks, (g) permit direct or indirect access to or use of any Service or Content in a way that circumvents a contractual usage limit, (h) copy a Service or any part, feature, function or user interface thereof, (i) copy Content except as permitted herein or in an Order Form or the Documentation, (j) frame or mirror any part of any Service or Content, other than framing on Your own intranets or otherwise for Your own internal business purposes or as permitted in the Documentation, (k) access any Service or Content in order to build a competitive produc...
Use of Services and Content. The parties shall execute the Order Form incorporating the terms of this MSA. The Order Form shall be signed by authorized representatives of BidPal and Customer, and shall identify the Services to be provided by BidPal to Customer, the fees to be provided by Customer to BidPal, and other terms and conditions applicable to the Services under such Order Form. An Order Form with the terms and conditions of this MSA and those of any other document referenced in an Order Form or this MSA constitute the agreement between Customer and BidPal (the "Agreement"). As long as Customer remains in compliance with this Agreement, BidPal grants Customer a limited, revocable, non-transferable, license and right to use the Services only as described in this Agreement and only for the term of the Agreement. All Services and Materials (as defined below) provided under this Agreement are licensed, not sold. Customer agrees that the Services constitute a valuable property and trade secret of BidPal and that BidPal retains all intellectual property rights thereto (and to any related materials, information and processes). Customer agrees to take reasonable precautions to prevent the unauthorized disclosure or use of the Services or Materials. Customer agrees not to modify, copy, distribute, disclose, reverse-engineer, decompile, disassemble or create derivative works from the Services or disclose or provide access to the Services to any unauthorized party. Customer agrees not to remove or modify any BidPal copyright, trademark, and/or other proprietary notices included with the Services. To the extent that Customer or any of its agents develops any derivatives or other materials or functionality ("Derivatives") relating to the Services or Materials, Customer hereby assigns and agrees to assign to BidPal all of its right, title and interest in and to such Derivatives and all intellectual property rights (including copyright rights) therein. If Customer violates any provision of this Agreement, Customer's license to use the Services automatically terminates and Customer must immediately cease its use of the Services. Any unauthorized use of all or any portion of the Services, or any use beyond what is expressly permitted in this Agreement, constitutes a breach of BidPal's copyright rights and other proprietary rights as well as a breach of this Agreement.
