Common use of SYSTEMS PERFORMANCE Clause in Contracts

SYSTEMS PERFORMANCE. During the term of the subscription, UpToDate online content will be updated by UpToDate, Inc. During this time, UpToDate online may be down for up to 2 hours, and users Accessing the Licensed Materials at this time will see a notice that UpToDate online is being updated. Reseller may, in its sole discretion, provide more frequent updates and enhancements, if applicable, as and when they are released. Nothing in this Agreement obligates Reseller to furnish more frequent updates or to create enhancements. For online access from a desktop (or laptop) computer, UpToDate online is validated for use with the current versions of the following browsers and the technical specifications UpToDate supports. For a current list of those technical specifications please see: xxxx://xxx.xxxxxxxx.xxx/xxxx/xxxxxx/xxxxxx. UpToDate online is hosted by a Tier 1 service provider so the site will be operational at least 99.5% of the time. However, technical failures, routine maintenance, and transient Internet conditions may render the site temporarily unavailable. Neither Reseller nor WKCDI shall be liable, or considered in default, under this Agreement for delays or failures of performance caused by circumstances beyond the party’s reasonable control, provided each party immediately provides notice to the other and does everything reasonably possible to resume its performance.

Appears in 4 contracts

Samples: Smlouva O Zajištění Elektronických Informačních Zdrojů, Smlouva O Zajištění Elektronických Informačních Zdrojů, Smlouva O Zajištění Elektronických Informačních Zdrojů