Examples of Diligent Service in a sentence
Diligent will, at its option, (i) correct the non- conforming Diligent Service or Software so that it materially complies with the Specifications within a reasonable time; or (ii) provide a replacement with substantially equivalent functionality and performance.
If, in Diligent’s sole opinion, an infringement claim may have validity or if there is an infringement that impairs or prohibits use of the Software by the Client, then Diligent may modify the Software, Deliverables or Diligent Service to make it non-infringing, procure any necessary license, or replace the affected item with one that is reasonably equivalent in function and performance.
Client shall provide Diligent with written notice of any defect of the Diligent Service or Software encountered by Client immediately and undertake reasonable actions that enable Diligent to identify and solve the applicable issue.
Diligent Services and/or Software may contain links to, or allow Client or its Users to connect and use, certain third-party products, services, or software (“Third-Party Services”, and each, a “Third-Party Service”) in conjunction with Client’s use of the Diligent Service.
During the Term, Diligent warrants that the applicable Diligent Service and Software will materially conform to the applicable Documentation.
Client is not required to provide Diligent any feedback, comments or suggestions about the Diligent Service or any of Diligent’s technologies, products, or services (“Feedback”).
Client may not (i) assign the Agreement or rights to the Diligent Service, Professional Services or Software, in whole or in part, or (ii) delegate its duties, or have another assume its responsibilities or liabilities, under the Agreement, to any third party without the prior written consent of Diligent.
If Diligent’s final attempt to remedy a defect has failed, Client may demand a reduction in the fees (Minderung) or, if the defect makes the access to the Diligent Service impossible or limit the use of the Diligent Service to such an extent that use of the Diligent Service for day- to-day business is either impossible or is possible only at unreasonable expense, claim damages in accordance with Section 9 or 8 of this Agreement.
Diligent will not be liable to Client for any refunds or any damage or loss arising from or in connection with any such change made by a Third-Party Service or any resulting change to the Diligent Service and/or Software.
Diligent will indemnify Client against any bona fide third party claim that the grant of a right to, or the access and use by, Client and its Users of the Software or any Diligent Service (or any Deliverables if applicable) in accordance with the Agreement infringes a validly existing German trademark, copyright, patent or other proprietary right and pay any final judgment awarded or Diligent- negotiated settlement.