Common use of Use of the Software Clause in Contracts

Use of the Software. 1. The Customer warrants that the use of the Software by the Customer and its Users and the processing of the Customer Data are not unlawful and that the Software and Customer Data will at all times be used in accordance with the Terms of Use. 2. eLabNext may deny the Customer and its Users access to the Software and Customer Data if: a. Customer (including its Users) have failed to comply with the Terms of Use; b. eLabNext is obliged to do so pursuant to a legal ruling, applicable law or an order to that effect issued by a public authority. c. eLabNext cannot be held liable for damages suffered as a result of a lawful restriction or denial of use of the Services or the lawful removal or disclosure of Customer Data. 3. eLabNext will inform the Customer of an order to remove or disclose Customer Data to the extent allowed under applicable law. 4. eLabNext is only responsible for and obliged to make backups of Customer Data, if specifically agreed upon in writing and solely to the extent as set out in the applicable SLA. The Customer will always remain responsible for complying with all applicable statutory obligations regarding record keeping and data retention.

Use of the Software. 1. The Customer warrants guarantees that the use of the Software by the Customer and its Users and the processing of the Customer Data are not unlawful and that the Software and Customer Data will at all times be used in accordance with the Terms of Use. 2. eLabNext may deny the Customer and its Users access to the Software and Customer Data if: a. Customer (including its Users) have failed to comply with the Terms of Use; b. eLabNext is obliged to do so pursuant to a legal ruling, applicable law or an order to that effect issued by a public authority. c. eLabNext cannot be held liable for damages suffered as a result of a lawful restriction or denial of use of the Services or the lawful removal or disclosure of Customer Data. 3. eLabNext will inform the Customer of an order to remove or disclose Customer Data to the extent allowed under applicable law. 4. eLabNext is only responsible for and obliged to make backups of Customer Data, if specifically agreed upon in writing and solely to the extent as set out in the applicable SLA. The Customer will always remain responsible for complying with all applicable statutory obligations regarding record keeping and data retention.