Common use of Variation in Suite of Applications Clause in Contracts

Variation in Suite of Applications. Grass Valley reserves the right to remove, deactivate or otherwise decommission any Application if: (a) Grass Valley decides to end the life of such Application, in which case Grass Valley will provide Customer with at least three (3) months’ advance written notice before making such Application unavailable; (b) Grass Valley determines, in its sole discretion, that such Application has a quality deficiency, in which case Grass Valley will use commercially reasonable efforts to resolve such deficiency and reactivate such Application; or (c) the operation of such Application relies on software or services provided by a third party application developer, and Grass Valley learns that such developer will cease to (or has ceased to) provide such software or services, in which case Grass Valley will provide Customer with written notice of such event as early as is feasible. Customer acknowledges that Grass Valley’s offering of Applications may vary over time, and the Tokens are not usable for any Application removed, deactivated or decommissioned by Grass Valley. Grass Valley makes no guarantee or assurance that any particular Application will be offered by Grass Valley (or its licensors or suppliers) for any designated amount of time. Customer hereby waives any right for any refund, damages or remedies relating to the permanent or temporary unavailability of any Application.

Appears in 4 contracts

Samples: Software as a Service Agreement, Software as a Service Agreement, Software as a Service Agreement

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Variation in Suite of Applications. Grass Valley reserves the right to remove, deactivate or otherwise decommission any Application if: (a) Grass Valley decides to end the life of such Application, in which case Grass Valley will provide Customer Managed Service Provider with at least three (3) months’ advance written notice before making such Application unavailable; (b) Grass Valley determines, in its sole discretion, that such Application has a quality deficiency, in which case Grass Valley will use commercially reasonable efforts to resolve such deficiency and reactivate such Application; or (c) the operation of such Application relies on software or services provided by a third party application developer, and Grass Valley learns that such developer will cease to (or has ceased to) provide such software or services, in which case Grass Valley will provide Customer Managed Service Provider with written notice of such event as early as is feasible. Customer Managed Service Provider acknowledges that Grass Valley’s offering of Applications may vary over time, and the Tokens are not usable for any Application removed, deactivated or decommissioned by Grass Valley. Grass Valley makes no guarantee or assurance that any particular Application will be offered by Grass Valley (or its licensors or suppliers) for any designated amount of time. Customer Managed Service Provider hereby waives any right for any refund, damages or remedies relating to the permanent or temporary unavailability of any Application.

Appears in 3 contracts

Samples: Managed Service Provider Software as a Service Agreement, Managed Service Provider Software as a Service Agreement, Managed Service Provider Software as a Service Agreement

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Variation in Suite of Applications. Grass Valley reserves the right to remove, deactivate or otherwise decommission any Application if: (a) Grass Valley decides to end the life of such Application, in which case Grass Valley will provide Customer Advanced Channel Partner with at least three (3) months’ advance written notice before making such Application unavailable; (b) Grass Valley determines, in its sole discretion, that such Application has a quality deficiency, in which case Grass Valley will use commercially reasonable efforts to resolve such deficiency and reactivate such Application; or (c) the operation of such Application relies on software or services provided by a third party application developer, and Grass Valley learns that such developer will cease to (or has ceased to) provide such software or services, in which case Grass Valley will provide Customer Advanced Channel Partner with written notice of such event as early as is feasible. Customer Advanced Channel Partner acknowledges that Grass Valley’s offering of Applications may vary over time, and the Tokens are not usable for any Application removed, deactivated or decommissioned by Grass Valley. Grass Valley makes no guarantee or assurance that any particular Application will be offered by Grass Valley (or its licensors or suppliers) for any designated amount of time. Customer Advanced Channel Partner hereby waives any right for any refund, damages or remedies relating to the permanent or temporary unavailability of any Application.

Appears in 3 contracts

Samples: Service Agreement, Service Agreement, Service Agreement

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