Computer System. The customer declares that he or she has in his or her possession all the equipment needed for connection to the Services and acknowledges the obligation to provide a computer system and equipment which meets the minimum requirements needed to use the Services, modem, router and any other Equipment provided by Videotron. In the event support Services are provided to the customer by Videotron and result from a defect of the computer system or equipment belonging to the customer, or said equipment does not meet the necessary minimum requirements, additional support Services charges could be billed to the customer by Videotron.
Computer System. Licensee is authorized to install and use the Pitney Xxxxx Software on a server or, if deployed in a client/server configuration, on load balanced application servers, in either case with user access as defined in the User Manual or applicable SOW. If Licensee wishes to add additional computer servers or systems or users to the computer system environment, then Licensee shall so notify Pitney Xxxxx, which shall deliver the Pitney Xxxxx Software or provide access to the Pitney Xxxxx Software upon payment of any applicable additional fees.
Computer System. You must purchase and use any computer system that we develop or select for the Restaurant, including all future updates, supplements and modifications (the “Computer System”). The Computer System may include all hardware and software used in the operation of the Restaurant, including electronic point-of-sale cash registers and back office programs used to record, analyze and report sales, labor, inventory and tax information. The computer software package developed for use in the Restaurant may include proprietary software. You may be required to license the proprietary software from us, an affiliate or a third party and you also may be required to pay a software licensing or user fee in connection with your use of the proprietary software. All right, title and interest in the software will remain with the licensor of the software. The computer hardware component of the Computer System must conform to specifications we develop. We reserve the right to designate a single source from whom you must purchase the Computer System. You acknowledge and agree that we will have full and complete access to information and data entered and produced by the Computer System. You must, at all times, have at the Authorized Location internet access with a form of high speed connection as we require and you must maintain: (i) an email account for our direct correspondence with the Control Person; and (ii) a separate email account for the Restaurant.
Computer System. (i) Complete and accurate details of the maintenance and servicing history and records of the computer system and software used by the Company have been supplied to the Purchaser and such computer system and software of the Company were acquired new and have not been reconditioned, have been properly used maintained and serviced, have not been (and the Vendor has no reason to believe will be) susceptible to breakdown malfunction or failure and have functioned and are functioning in a manner which would be satisfactory to a reasonably skilled person engaged in the same type of business.
Computer System. Either the UCS In-House Computer System or the FDCS 7000 MP In-Dealership Computer System.
Computer System. The Computer System will be and remain the Property of Allmerica Financial and Transamerica shall have no rights or interest in the Computer System except as provided in this Agreement. Modifications to the Computer System developed for Transamerica that are mutually agreed to be proprietary to Transamerica shall not be sold, licensed, transferred, assigned or otherwise distributed without the express written consent of Transamerica.
Computer System. Within three (3) months from the date thereof, franchisee must obtain a computer system meeting Franchisor’s specifications and thereafter will be required to update such computer system at such times as Franchisor may reasonably require. Franchisee must establish Internet access and an electronic mail (e-mail) account within fourteen (14) calendar days of obtaining the specified computer system.
Computer System. All computer hardware and software and related materials used by the Company, including all such computer hardware, software and related materials (herein collectively referred to as the “Computer System”) are owned or licensed by the Company (and not any other Affiliate thereof) and are in good working order and condition, subject to normal wear and tear and, in the case of software, with no assurance of being error or virus free. The Computer System has the performance capabilities, processing capacity, resources, characteristics and functions necessary to the conduct of the business and operations of the Company. To the Company’s Knowledge, the use of the Computer System by the Company (including any software modifications) has not violated or infringed upon the rights of any third parties. The Company uses commercially reasonable efforts to maintain Computer System back-up and recovery capabilities to help ensure that a system problem does not impact customer facing capabilities or revenue streams. The Company uses commercially reasonable efforts to maintain Computer System and network security controls that help safeguard such Computer System against the risk of business disruption arising from virus attacks, unauthorized activities of any employee or contractor of the Company, hackers or any other Person.
Computer System. Unless otherwise set forth in a Transition Services Agreement between Purchaser and Sellers as of the Closing Date, the computer system(s) utilized for the Business and the Seller’s operation of the same, is included in the Purchased Assets, is self-contained at the Facilities and/or at a separate shared facility and/or location of an Affiliate and has performed all tasks required of it in the normal course of the Business. No licenses (except for licenses fully paid for and assigned under this Agreement to Purchaser) are required from third parties to exercise any rights with respect to any of such computer software. For there to be a breach of the representations and warranties under this Section 3.22, the breach(es) must be Material.