Common use of Customer Obligations Clause in Contracts

Customer Obligations. To facilitate NCR Voyix’s provision of the Hosting Services hereunder and ▇▇▇▇▇▇▇▇’s access and use of the Hosted NCR Voyix Software hereunder, Customer agrees to undertake the following: (a) Provide and maintain the Customer Equipment at each of the Customer Locations in accordance with the minimum standards established by NCR Voyix, which as of the Effective Date include a windows-based PC and store level file server that each include a Windows operating system actively supported by Microsoft Corporation, an internet browser that is actively supported by Microsoft Corporation, and Customer Equipment maintained in good working order in accordance with the minimum standards recommended by the manufacturer; (b) Provide and maintain access to the internet at each of the Customer Locations through a competent internet service provider (ISP), maintaining telephone or other telecommunication services necessary to connect each of Customer’s Locations to Customer’s ISP; (c) Abide by the security procedures specified by NCR Voyix and perform reasonable and customary security practices to preclude attempts to circumvent any security procedures or utilize any unauthorized systems in an attempt to access the data of another Customer; (d) Provide timely notification of any issues and give appropriate lead time to NCR Voyix for any special requests; (e) Make all reasonable efforts to assist NCR Voyix in identifying, isolating and replicating issues found in the System; and (f) Customer shall be solely responsible for the manner in which Customer and Customer’s users use the System and the Hosted Software. Customer shall ensure that only authorized users have access to any user identifications or passwords for use in connection with the System and the Hosted Software and that such authorized users shall not disclose such identifications or passwords to any other individual. Customer acknowledges and agrees that it is solely responsible for strictly maintaining the confidentiality and integrity of such identifications and passwords and Customer shall indemnify and hold harmless NCR Voyix from and against any liability, damages, or costs arising from Customer’s failure to comply with this obligation including, but not limited to, improper or unauthorized account access using Customer’s user identifications or passwords, provided such identifications or passwords were not improperly disseminated by NCR Voyix or any of its agent or representatives. Customer shall notify NCR Voyix immediately in writing if the security or integrity of an identification or password has been compromised.

Appears in 39 contracts

Sources: Master Hospitality Subscription Program Agreement, Master Hospitality Subscription Program Agreement, Master Hospitality Subscription Program Agreement

Customer Obligations. To facilitate NCR Voyix’s provision of the Hosting Services hereunder Hos and ▇▇▇▇▇▇▇▇Customer’s access and use of the Hosted NCR Voyix Software hereunderacceNsCRsVoyaixnSdoftwauresheereunoderf, Customer agrees to undertake Custtohmeer agrHeeos tso utndeerdtake the following: (a) Provide and maintain the Customer Equipment at each of the Customer Locations in accordance with the minimum standards established by NCR Voyix, which as of the Effective Date include a windows-based PC and store level file server that each include a Windows operating system actively supported by Microsoft Corporation, an internet browser that is actively supported by Microsoft Corporation, and Customer Equipment maintained in good working order in accordance with the minimum standards recommended by the manufacturer; (b) Provide and maintain access to the internet at each of the Customer Locations through a competent internet service provider (ISP), maintaining telephone or other telecommunication services necessary to connect each of Customer’s Locations to Customer’s ISP; (c) Abide by the security procedures specified by NCR Voyix and perform reasonable and customary security practices to preclude attempts to circumvent any security procedures or utilize any unauthorized systems in an attempt to access the data of another Customer; (d) Provide timely notification of any issues and give appropriate lead time to NCR Voyix for any special requests; (e) Make all reasonable efforts to assist NCR Voyix in identifying, isolating and replicating issues found in the System; and (f) Customer shall be solely responsible for the manner in which Customer and Customer’s users use th the System and the Hosted Software. Customer shall ensure that only authorized users have access to any user identifications or passwords for use in connection with the System and the Hosted Software and that such authorized users shall not disclose such identifications or passwords to any other individual. Customer acknowledges and agrees that it is solely responsible for strictly maintaining the confidentiality and integrity of such identifications and passwords and Customer shall indemnify and hold harmless NCR Voyix from and against any liability, damages, or costs arising from Customer’s failure to comply with this obligation including, but not Cust limited to, improper or unauthorized account access using Customer’s user identifications or passwords, provided acces such identifications or passwords were not improperly disseminated by NCR Voyix or any of its agent or representatives. Customer shall notify NCR Voyix immediately in writing if the security or integrity of an identification or password has been compromised.

Appears in 13 contracts

Sources: Master Hospitality Subscription Program Agreement, Master Hospitality Subscription Program Agreement, Master Hospitality Subscription Program Agreement

Customer Obligations. To facilitate NCR Voyix’s provision of the Hosting Services hereunder and ▇▇▇▇▇▇▇▇’s access and use of the Hosted NCR Voyix Software hereunderVoyix¶V SURYLVLRQ RI WKH +RV DQG &XVWRPHU¶V DFFHNVCRVV oyDixQSGoft waXreVheHre unRderI, Customer agrees to undertake C usWtoKmeHr a gr+eeRs tVo uWndHerGtak e the following: (a) Provide and maintain the Customer Equipment at each of the Customer Locations in accordance with the minimum standards established by NCR Voyix, which as of the Effective Date include a windows-based PC and store level file server that each include a Windows operating system actively supported by Microsoft Corporation, an internet browser that is actively supported by Microsoft Corporation, and Customer Equipment maintained in good working order in accordance with the minimum standards recommended by the manufacturer; (b) Provide and maintain access to the internet at each of the Customer Locations through a competent internet service provider (ISP), maintaining telephone or other telecommunication services necessary to connect each of Customer’s Locations to Customer’s ISP;RI &XVWRPHU¶V /RFDWLRQV WR &XVWRPHU¶V ,63 (c) Abide by the security procedures specified by NCR Voyix and perform reasonable and customary security practices to preclude attempts to circumvent any security procedures or utilize any unauthorized systems in an attempt to access the data of another Customer; (d) Provide timely notification of any issues and give appropriate lead time to NCR Voyix for any special requests; (e) Make all reasonable efforts to assist NCR Voyix in identifying, isolating and replicating issues found in the System; and (f) Customer shall be solely responsible for the manner in which Customer and Customer’s users use XVWRPHU VKDOO EH VROHO\ UHVSRQVLEOH IRU WK the System and the Hosted Software. Customer shall ensure that only authorized users have access to any user identifications or passwords for use in connection with the System and the Hosted Software and that such authorized users shall not disclose such identifications or passwords to any other individual. Customer acknowledges and agrees that it is solely responsible for strictly maintaining the confidentiality and integrity of such identifications and passwords and Customer shall indemnify and hold harmless NCR Voyix from and against any liability, damages, or costs arising from Customer’s failure to comply with this obligation including, but not limited to, improper or unauthorized account access using Customer’s user identifications or passwords, provided DQ\ OLDELOLW\ GDPDJHV RU FRVWV DULVLQJ IURP &XVW OLPLWHG WR LPSURSHU RU XQDXWKRUL]HG DFFRXQW DFFHV such identifications or passwords were not improperly disseminated by NCR Voyix or any of its agent or representatives. Customer shall notify NCR Voyix immediately in writing if the security or integrity of an identification or password has been compromised.

Appears in 4 contracts

Sources: Master Hospitality Subscription Program Agreement, Master Hospitality Subscription Program Agreement, Master Hospitality Subscription Program Agreement

Customer Obligations. To facilitate NCR Voyix3.1. For Services where NETdepot's access to Customer’s Environment is necessary to perform the Services and/or to calculate any Fees based on usage of the environment (other than in respect of Managed Infrastructure), Customer shall grant NETdepot a reasonable method to access Customer’s Environment and Customer shall cooperate with NETdepot's appropriate investigation of outages, security problems, and any suspected breach of the Agreement. Customer is responsible for keeping its account permissions, billing, and other account information current. Customer agrees that its use of any Managed Service shall comply with the Acceptable Use Policy (AUP). Customer is responsible for determining the suitability of the Services and Customer's compliance with any applicable laws, including export laws and data privacy laws, rules, and regulations. 3.2. NETdepot shall provide support only to individuals (account holders) designated as Account Owner, Administrator, Billing Contact, PPOC (Primary Point of Contact) or PTPOC (Primary Technical Point of Contact) in the NETdepot Nexus portal and is not required to provide any support directly to Customer's end users, unless contracted and explicit SLOs are agreed upon. Customer shall cooperate with and assist NETdepot to the extent necessary in the provision of the Hosting Services hereunder Service(s), including without limitation the provision of reasonable access to Customer's facilities and ▇▇▇▇▇▇▇▇equipment to the extent reasonably necessary for NETdepot’s performance hereunder. Customer will designate and make available to NETdepot at least one qualified agent of Customer who shall (i) have authority to act on behalf of Customer, (ii) manage all activities which are Customer's obligations hereunder, (iii) provide information and data concerning Customer's operations and activities, (iv) advise NETdepot of Customer's requirements, (v) provide access and use to Customer's facilities at all reasonable times during the performance of the Hosted NCR Voyix Software hereunder, Customer agrees Service(s) required pursuant to undertake the following: (a) Provide and maintain the Customer Equipment at each of the Customer Locations in accordance with the minimum standards established by NCR Voyix, which as of the Effective Date include a windows-based PC and store level file server that each include a Windows operating system actively supported by Microsoft Corporation, an internet browser that is actively supported by Microsoft Corporationthis Agreement, and Customer Equipment maintained in good working order in accordance with the minimum standards recommended by the manufacturer; (bvi) Provide and maintain provide appropriate access to the internet work space for NETdepot at each of the Customer's premises. 3.3. Customer Locations through a competent internet service provider (ISP), maintaining telephone or other telecommunication services necessary to connect each of Customer’s Locations to Customer’s ISP; (c) Abide by the security procedures specified by NCR Voyix and perform reasonable and customary security practices to preclude attempts to circumvent any security procedures or utilize any unauthorized systems in an attempt to access the data of another Customer; (d) Provide timely notification of any issues and give appropriate lead time to NCR Voyix for any special requests; (e) Make all reasonable efforts to assist NCR Voyix in identifying, isolating and replicating issues found in the System; and (f) Customer shall be solely is responsible for ensuring the manner in which integrity and security of Customer Data and Customer’s users use for regularly backing up and validating the System and the Hosted Software. Customer shall ensure that only authorized users have access to any user identifications or passwords for use in connection with the System and the Hosted Software and that such authorized users shall not disclose such identifications or passwords to any other individual. Customer acknowledges and agrees that it is solely responsible for strictly maintaining the confidentiality and integrity of such identifications and passwords and backups of Customer shall indemnify and hold harmless NCR Voyix from and against any liability, damages, or costs arising Data on an environment separate from Customer’s failure Environment. NETdepot shall only back up Customer Data to comply with this obligation including, but not limited to, improper or unauthorized account access using Customer’s user identifications or passwords, provided such identifications or passwords were not improperly disseminated by NCR Voyix or any of its agent or representatives. the extent explicitly stated on a Customer shall notify NCR Voyix immediately in writing if the security or integrity of an identification or password has been compromisedSuccess Order.

Appears in 2 contracts

Sources: Master Services Agreement, Master Services Agreement

Customer Obligations. To facilitate NCR Voyix’s provision of the Hosting Services hereunder and ▇▇▇▇▇▇▇▇’s access and use of the Hosted NCR Voyix Software hereunder, 3.1 The Customer agrees to undertake the followingshall: (a) Provide and maintain co-operate in full with the Company in drawing up a fully completed Customer Equipment at each Requirements Form, including specifying in full the Customer’s requirements in respect of the Customer Locations in accordance with the minimum standards established by NCR Voyix, which as of the Effective Date include a windows-based PC relevant Hosted IP Telephony Service and store level file server that each include a Windows operating system actively supported by Microsoft Corporation, an internet browser that is actively supported by Microsoft Corporation, and Customer Equipment maintained in good working order in accordance with the minimum standards recommended by the manufacturerIP Exchange Service; (b) Provide permit the Company and maintain the Company’s third party contractors and agents to make any site visits to the Customer Premises during Working Hours as reasonably required in order to perform the Hosted IP Telephony Service and IP Exchange Service and to install and activate any relevant equipment and cabling, and afford complete and unencumbered access to the internet at each of Customer Premises, the Customer Locations through a competent internet service provider (ISP), maintaining telephone or other telecommunication services necessary Equipment and the Customer IP Network in order for them to connect each of Customer’s Locations to Customer’s ISP;do so; and (c) Abide by comply with the security procedures specified by NCR Voyix provisions of the Schedules. 3.2 The Customer acknowledges and perform reasonable and customary security practices to preclude attempts to circumvent any security procedures or utilize any unauthorized systems in an attempt to access the data of another Customer;agrees that: (da) Provide timely notification the Customer will comply with the terms of any issues Part 2 of Schedule 2 (Emergency Calls Access), and give appropriate lead time the Customer acknowledges and agrees to NCR Voyix for any special requests; (e) Make all reasonable efforts to assist NCR Voyix in identifying, isolating and replicating issues found in the Systemlimits of the emergency call support provided; and (fb) all information the Customer provides to the Company shall be materially accurate and the Customer shall update the Company promptly in the event that any such information changes so as to ensure the accuracy of the Carrier Emergency Services Database. The Customer acknowledges that the Company may not be solely responsible for the manner able to convey Calls where accurate information is not provided in which accordance with this clause; 3.3 The Customer and Customer’s users use the System and the Hosted Software. Customer shall ensure that only authorized users have access to any user identifications or passwords for use in connection with the System and the Hosted Software and that such authorized users shall not disclose such identifications or passwords to any other individual. Customer further acknowledges and agrees that that: (a) the Customer Equipment requires mains power to make Emergency Calls; (b) the Customer’s end users are required to confirm/provide their location when making an Emergency Call to enable the correct Emergency Services Organisation to respond; and (c) an Emergency Call made by VOIP may not receive the same network priority as an Emergency Call made on a mobile network or on a circuit-switched fixed line. 3.4 If the Customer uses the Hosted IP Telephony Service and/or IP Exchange Service in any way restricted or otherwise prohibited by the Contract and/or this Agreement, or the Company has reasonable grounds to suspect such use, the Company may take reasonable steps to stop such use, including to suspend the Hosted IP Telephony Service and/or IP Exchange Service or any element of it is solely responsible for strictly maintaining and/or attenuate Port Capacity immediately by notice to the confidentiality and integrity of such identifications and passwords and Customer. If the Company does so, the Customer shall indemnify continue to be liable for all Charges which apply to the Hosted IP Telephony Service and hold harmless NCR Voyix from IP Exchange Service unless and against any liability, damages, or costs arising from Customeruntil the Contract is terminated. 3.5 The Company may pass all information in the Company’s failure possession relating to comply with this obligation including, but not limited to, improper or unauthorized account access using Customerthe Customer on to the Company’s user identifications or passwords, provided such identifications or passwords were not improperly disseminated by NCR Voyix or any of its relevant agent or representatives. Customer sub-contractor to the extent that the Company is required to do so by applicable law and/or by contract for inclusion in the Database and such information may remain in the Database following termination of the Contract. 3.6 The provisions of Conditions 8 of the Conditions shall notify NCR Voyix immediately in writing if the security or integrity of an identification or password has been compromisedgovern your payment obligations under this Agreement.

Appears in 2 contracts

Sources: Hosted Service Agreement, Hosted Service Agreement

Customer Obligations. To facilitate NCR Voyix9.1 The Customer shall: (i) cooperate with AVEVA in good faith to enable AVEVA’s provision of the Hosting Products, Support Services hereunder and ▇▇▇▇▇▇▇▇’s Professional Services , including providing AVEVA with timely access and use of the Hosted NCR Voyix Software hereunderto data, Customer agrees to undertake the following: (a) Provide and maintain the Customer Equipment at each of the Customer Locations in accordance with the minimum standards established by NCR Voyix, which as of the Effective Date include a windows-based PC and store level file server that each include a Windows operating system actively supported by Microsoft Corporation, an internet browser that is actively supported by Microsoft Corporationinformation, and Customer Equipment maintained in good working order in accordance Personnel; (ii) if any Support Services or Professional Services are to be provided at the Customer Premises, provide AVEVA Personnel with the minimum standards recommended by the manufacturer; (b) Provide and maintain all necessary access to such Customer Premises on a without charge basis, including access to the internet at each of the Customer Locations through a competent internet service provider (ISP), maintaining telephone or other telecommunication services necessary to connect each of Customer’s Locations information technology and telecommunications systems and any other facilities that are necessary for AVEVA to provide the Support Services or Professional Services; (iii) ensure that Customer’s ISP; (c) Abide information technology and telecommunications systems comply with relevant specifications and requirements that may be provided by the security procedures specified by NCR Voyix and perform reasonable and customary security practices to preclude attempts to circumvent any security procedures or utilize any unauthorized systems in an attempt to access the data of another Customer; (d) Provide timely notification of any issues and give appropriate lead AVEVA from time to NCR Voyix for any special requests; time; (eiv) Make all use commercially reasonable efforts to assist NCR Voyix prevent any unauthorized Use of or access to the Products,, and upon becoming aware of such unauthorized Use or access, promptly notify AVEVA in identifyingwriting of such Use or access; and (v) obtain and maintain all necessary licences, isolating consents, and replicating issues found in authorisations to allow AVEVA to supply the System; and (f) Customer shall be solely responsible Products and provide the Support Services and Professional Services to the Customer, and for the manner in which Customer to Use the Products, receive the Support Services and Customer’s users use the System and the Hosted Software. Professional Services or share Customer shall ensure that only authorized users have access to any user identifications or passwords for use in connection with the System and the Hosted Software and that such authorized users shall not disclose such identifications or passwords to any other individual. Content. 9.2 The Customer acknowledges and agrees that it is solely responsible for strictly maintaining use of the confidentiality Products by Users, Customer’s Affiliates, and integrity Permitted Third Parties, and shall make all Users, Customer Affiliates and Permitted Third Parties aware of, and ensure that they comply with, the terms and conditions of this Agreement and AVEVA’s Acceptable Use Policy. The Customer will be liable, jointly and severally with any User, Customer Affiliate and Permitted Third Party, for all acts or omissions of such identifications individual or entity, and passwords and any act or omission of such individual or entity that would be a breach of this Agreement if it were an act or omission of the Customer will constitute a breach of this Agreement by the Customer. 9.3 The Customer shall indemnify (i) not allow any User Credentials to be used by more than one individual User or Machine; and hold harmless NCR Voyix from (ii) ensure that the User Credentials are kept confidential and against secure. The Customer (and not AVEVA) shall be responsible for any liability, damages, or costs arising from unauthorised access to any of the Products through the misuse of the Customer’s User Credentials.‌ 9.4 AVEVA shall not be in breach of this Agreement and shall not be liable to the Customer for failure to comply with perform its obligations under this obligation includingAgreement if, but not limited toand to the extent that, improper or unauthorized account access using Customer’s user identifications or passwords, provided such identifications or passwords were not improperly disseminated by NCR Voyix or failure (i) results from the Customer failing to perform any of its agent obligations under this Agreement; or representatives. Customer shall notify NCR Voyix immediately in writing if (ii) is caused by any negligent, tortious or unlawful act or omission of the security or integrity of an identification or password has been compromisedCustomer.

Appears in 1 contract

Sources: General Terms and Conditions

Customer Obligations. To facilitate NCR Voyix9.1 The Customer shall: (i) cooperate with AVEVA in good faith to enable AVEVA’s provision of the Hosting Products, Support Services hereunder and ▇▇▇▇▇▇▇▇’s Professional Services , including providing AVEVA with timely access and use of the Hosted NCR Voyix Software hereunderto data, Customer agrees to undertake the following: (a) Provide and maintain the Customer Equipment at each of the Customer Locations in accordance with the minimum standards established by NCR Voyix, which as of the Effective Date include a windows-based PC and store level file server that each include a Windows operating system actively supported by Microsoft Corporation, an internet browser that is actively supported by Microsoft Corporationinformation, and Customer Equipment maintained in good working order in accordance Personnel; (ii) if any Support Services or Professional Services are to be provided at the Customer Premises, provide AVEVA Personnel with the minimum standards recommended by the manufacturer; (b) Provide and maintain all necessary access to such Customer Premises on a without charge basis, including access to the internet at each of the Customer Locations through a competent internet service provider (ISP), maintaining telephone or other telecommunication services necessary to connect each of Customer’s Locations information technology and telecommunications systems and any other facilities that are necessary for AVEVA to provide the Support Services or Professional Services; (iii) ensure that Customer’s ISP; (c) Abide information technology and telecommunications systems comply with relevant specifications and requirements that may be provided by the security procedures specified by NCR Voyix and perform reasonable and customary security practices to preclude attempts to circumvent any security procedures or utilize any unauthorized systems in an attempt to access the data of another Customer; (d) Provide timely notification of any issues and give appropriate lead AVEVA from time to NCR Voyix for any special requests; time; (eiv) Make all use commercially reasonable efforts to assist NCR Voyix prevent any unauthorized Use of or access to the Products,, and upon becoming aware of such unauthorized Use or access, promptly notify AVEVA in identifyingwriting of such Use or access; and (v) obtain and maintain all necessary licences, isolating consents, and replicating issues found in authorisations to allow AVEVA to supply the System; and (f) Customer shall be solely responsible Products and provide the Support Services and Professional Services to the Customer, and for the manner in which Customer to Use the Products, receive the Support Services and Customer’s users use the System and the Hosted Software. Professional Services or share Customer shall ensure that only authorized users have access to any user identifications or passwords for use in connection with the System and the Hosted Software and that such authorized users shall not disclose such identifications or passwords to any other individual. Content. 9.2 The Customer acknowledges and agrees that it is solely responsible for strictly maintaining use of the confidentiality Products by Users, Customer’s Affiliates, and integrity Permitted Third Parties, and shall make all Users, Customer Affiliates and Permitted Third Parties aware of, and ensure that they comply with, the terms and conditions of such identifications this Agreement and passwords AVEVA’s Acceptable Use Policy. The Customer will be liable, jointly and severally 9.3 The Customer shall indemnify (i) not allow any User Credentials to be used by more than one individual User or Machine; and hold harmless NCR Voyix from (ii) ensure that the User Credentials are kept confidential and against secure. The Customer (and not AVEVA) shall be responsible for any liability, damages, or costs arising from unauthorised access to any of the Products through the misuse of the Customer’s User Credentials. 9.4 AVEVA shall not be in breach of this Agreement and shall not be liable to the Customer for failure to comply with perform its obligations under this obligation includingAgreement if, but not limited toand to the extent that, improper or unauthorized account access using Customer’s user identifications or passwords, provided such identifications or passwords were not improperly disseminated by NCR Voyix or failure (i) results from the Customer failing to perform any of its agent obligations under this Agreement; or representatives. Customer shall notify NCR Voyix immediately in writing if (ii) is caused by any negligent, tortious or unlawful act or omission of the security or integrity of an identification or password has been compromisedCustomer.

Appears in 1 contract

Sources: End User License Agreement

Customer Obligations. To facilitate NCR Voyix’s provision Obligations: 6.1 Adhere to the Acceptable use policy (AUP) as attached in Schedule B hereto; 6.2 In addition to any other obligations of the Hosting Services hereunder and ▇▇▇▇▇▇▇▇’s access and use of Customer under this Agreement, the Hosted NCR Voyix Software hereunder, Customer agrees to undertake the followingshall: (a) Provide obtain and maintain all third party permissions and consents necessary to permit Hypertec and/or the Customer Equipment at each of the Customer Locations in accordance with the minimum standards established by NCR Voyix, which as of the Effective Date include a windows-based PC Hypertec Providers to gain prompt and store level file server that each include a Windows operating system actively supported by Microsoft Corporation, an internet browser that is actively supported by Microsoft Corporation, and Customer Equipment maintained in good working order in accordance with the minimum standards recommended by the manufacturersafe access to Customer’s premises so they can perform Hypertec’s obligations under this Agreement; (b) Provide and maintain access to the internet at each be responsible for use of the Customer Locations through a competent internet service provider Services by any of its employees, officers, directors, agents and its end users (ISPcollectively, “End Users”), maintaining telephone or other telecommunication services and take all necessary measures to connect each ensure that the End Users use the Services in accordance with the terms and conditions of Customer’s Locations to Customer’s ISPthis Agreement; (c) Abide comply and cause its End Users to comply with (A) the internet acceptable use policy attached to a Service Schedule (as may be amended by Hypertec from time to time and made available on Hypertec’s website) for any internet-based Service if the Customer is receiving that Service; and (B) any third party software license terms and conditions for software used by the security procedures specified by NCR Voyix and perform reasonable and customary security practices to preclude attempts to circumvent any security procedures or utilize any unauthorized systems Customer and/or its End Users in an attempt to access connection with the data use of another Customerthe Services; (d) Provide timely notification of any issues and give appropriate lead time to NCR Voyix for any special requestsnot tamper with, alter or otherwise rearrange the Services; (e) Make all reasonable efforts not use or abuse the Services, or permit or assist others to do so in any manner that interferes with the Services or the provision of them, or with the networks of Hypertec or any Hypertec Provider or with access to those networks by other users; (f) not use or abuse the Services, or permit or assist NCR Voyix others to do so for any purpose or in identifyingany manner that directly or indirectly violates the terms of this Agreement, isolating and replicating issues found in the Systemapplicable laws or any third party or Hypertec rights; and (fg) Customer shall be solely responsible for the manner in which Customer and Customer’s users use the System and the Hosted Software. Customer shall ensure that only authorized users have access to any user identifications or passwords for use at all times, during the Agreement Term, Customer is a business entity duly organized and validly existing and in connection good standing under the laws of its jurisdiction of organization. (h) Comply with the System Acceptable Customer Policy (ACP) of Hypertec, which disqualifies the customer if in violation with any Federal laws of Canada (Including; Corruption of Foreign Public Officials legislation, The Criminal Code, Anti-Money Laundering and Anti-Terrorist Financing legislation) the Hosted Software laws of Quebec (Including; Applicable securities legislation, Gaming Control legislation) and if the customer is on the Canada Economic Sanctions List or the Public Safety – Listed Terrorist Entities. The customer needs to comply at any time on the ACP and continuous screening will be performed every year by Hypertec, as per this process. 6.3 Hypertec is not liable for any failure to provide the Services in accordance with this Agreement that such authorized users shall not disclose such identifications or passwords to any other individual. Customer acknowledges and agrees that it is solely responsible for strictly maintaining the confidentiality and integrity of such identifications and passwords and Customer shall indemnify and hold harmless NCR Voyix from and against any liability, damages, or costs arising arises from Customer’s failure to comply with this obligation includingany of the obligations set out in Section 6.1. Also, but not limited to, improper or unauthorized account access using if a Customer’s user identifications or passwords, provided such identifications or passwords were not improperly disseminated by NCR Voyix or failure to comply with any of its agent the obligations in Section 6 materially adversely affects Hypertec, the Services or representatives. Customer shall notify NCR Voyix immediately in writing if other customers’ ability to receive services from Hypertec, Hypertec may take all actions which it reasonably considers necessary to address that material adverse effect including the security immediate suspension of or integrity restriction on the use of an identification the Services. 6.4 Hypertec may impose sanctions including suspension up to termination with any customer who (i) fails to comply with the AUP, and or password has been compromised(ii) fails to comply with the ACP.

Appears in 1 contract

Sources: Master Services Agreement (Marathon Patent Group, Inc.)

Customer Obligations. To facilitate NCR Voyix’s provision  (a) The Customer will, and will ensure all of the Hosting Services hereunder Authorized Users will: o (i) fully and ▇▇▇▇▇▇▇▇’s access accurately complete any forms for registering to be a user on the Website; o (ii) ensure that all information provided by the Customer to Evident, whether through the Website or otherwise, (the "Customer Information") is true, accurate, and complete; o (iii) upon completing the account registration process, bear the responsibility for (i) maintaining the confidentiality of the Customer's passwords and login information for the Website (collectively, the "Authentication Mechanism"), and (ii) any misuse or potential misuse of the Authentication Mechanism by the Customer and any of its Authorized Users; o (iv) only permit the Authorized Users to use the Customer's Authentication Mechanism; o (v) not allow, permit, or otherwise authorize any other person (other than any Authorized Users) to use such Authentication Mechanism; o (vi) notify Evident immediately upon any changes to the Customer Information that would affect the Customer's ability to use any Authentication Mechanism granted to the Customer; o (vii) notify Evident, and any other persons that may be reasonably be expected by the Customer to use the Customer's Authentication Mechanism, immediately upon any unauthorized use of the Hosted NCR Voyix Software hereunderAuthentication Mechanism, Customer agrees compromises to undertake the following: (a) Provide and maintain confidentiality of the Customer's Authentication Mechanism, or the Customer Equipment at each becoming aware of incorrect information in the Customer's Authentication Mechanism; o (viii) take all reasonable steps to prevent third parties from accessing or using the Authentication Mechanism. Without limiting the generality of the Customer Locations in accordance foregoing, such reasonable steps will include at a minimum, the maintenance of the physical security of any computer on which the Customer's Authentication Mechanism may be installed such as locked offices and/or the use of desktop security facilities such as user ID and logon passwords; o (ix) not compromise, alter, render, or interfere with the minimum standards established by NCR Voyix, which as operation of the Effective Date include a windows-based PC and store level file server that each include a Windows operating system actively supported by Microsoft CorporationWebsite in any way or with anyone's use of the Website, an internet browser that is actively supported by Microsoft Corporationor use the Website to gain unauthorized access to other computer systems; o (x) not interfere with, reproduce, decompile, disassemble, reverse engineer, or attempt to derive source code from any aspect of the Evident System, including the Services, the Solution, and Customer Equipment maintained any software used to provide the Services and the Solution, or attempt to do so; o (xi) not abuse or fraudulently use the Services or the Solution in good working order any way; o (xii) not use the Services or the Solution to engage in accordance with any unlawful activity or to infringe the minimum standards recommended by rights of Evident, its partners, affiliates, or related entities; o (xiii) not violate, plagiarize or infringe on the manufacturer; (b) Provide and maintain access to the internet at each rights of the Customer Locations through a competent internet service provider (ISP)any third party, maintaining telephone including copyright, trade-mark, privacy or publicity, contract or other telecommunication services necessary to connect each of Customer’s Locations to Customer’s ISPpersonal or proprietary rights; (c) Abide by the security procedures specified by NCR Voyix and perform reasonable and customary security practices to preclude attempts to circumvent any security procedures or utilize any unauthorized systems in an attempt to access the data of another Customer; (d) Provide timely notification of any issues and give appropriate lead time to NCR Voyix for any special requests; (e) Make all reasonable efforts to assist NCR Voyix in identifying, isolating and replicating issues found in the System; and (f) Customer shall be solely responsible for the manner in which Customer and Customer’s users use the System and the Hosted Software. Customer shall ensure that only authorized users have access to any user identifications or passwords for use in connection with the System and the Hosted Software and that such authorized users shall not disclose such identifications or passwords to any other individual. Customer acknowledges and agrees that it is solely responsible for strictly maintaining the confidentiality and integrity of such identifications and passwords and Customer shall indemnify and hold harmless NCR Voyix from and against any liability, damages, or costs arising from Customer’s failure to comply with this obligation including, but not limited to, improper or unauthorized account access using Customer’s user identifications or passwords, provided such identifications or passwords were not improperly disseminated by NCR Voyix or any of its agent or representatives. Customer shall notify NCR Voyix immediately in writing if the security or integrity of an identification or password has been compromised.

Appears in 1 contract

Sources: End User License and Services Agreement

Customer Obligations. To facilitate NCR Voyix’s provision of Customer has and will, at all times during the Hosting Services hereunder Term, retain sole responsibility for, and ▇▇▇▇▇▇▇▇’s access employs all physical, administrative and use of the Hosted NCR Voyix Software hereundertechnical controls, Customer agrees to undertake the followingscreening and security procedures and other safeguards necessary to: (a) Provide operate, maintain and maintain manage all access to and use of, the Customer Equipment at each Systems and the Unqork Materials by any Users by or through the Customer Systems or any other means controlled by Customer, including any: (i) information, instructions or materials provided by any Users input into the Use Case or provided to Unqork; (ii) results obtained from any use of the Customer Locations in accordance with the minimum standards established by NCR VoyixUse Case or Unqork Materials; and (iii) conclusions, which as of the Effective Date include a windows-decisions or actions based PC and store level file server that each include a Windows operating system actively supported by Microsoft Corporation, an internet browser that is actively supported by Microsoft Corporation, and Customer Equipment maintained in good working order in accordance with the minimum standards recommended by the manufactureron such use; (b) Provide control the content and maintain access to the internet at each use of the all Customer Locations through a competent internet service provider Data and all information, instructions and materials provided by or on behalf of Customer or any Person designated by Customer (ISP), maintaining telephone or other telecommunication services necessary to connect each of Customer’s Locations to Customer’s ISP; (c) Abide by the security procedures specified by NCR Voyix and perform reasonable and customary security practices to preclude attempts to circumvent any security procedures or utilize any unauthorized systems in an attempt to access the data of another Customer; (d) Provide timely notification of any issues and give appropriate lead time to NCR Voyix for any special requests; (e) Make all reasonable efforts to assist NCR Voyix in identifying, isolating and replicating issues found in the System; and (f) Customer shall be solely responsible for the manner in which Customer and Customer’s users use the System and the Hosted Software. Customer shall ensure that only authorized users have access to any user identifications or passwords for use in connection with the System and the Hosted Software and that such authorized users shall not disclose such identifications or passwords to any other individual. Customer acknowledges and agrees that it is solely responsible for strictly maintaining the confidentiality and integrity of such identifications and passwords and Customer shall indemnify and hold harmless NCR Voyix from and against any liability, damages, or costs arising from Customer’s failure to comply with this obligation including, but not limited to, improper Users) in connection with the Use Case; (c) secure, maintain and operate the Customer Systems in accordance with generally accepted industry standards; (d) securely administer the distribution and use of all Access Credentials and protect against any unauthorized access; (e) ensure and monitor all access to and use of the Unqork Materials by any User directly or indirectly by or through the Customer Systems using the Access Credentials; (f) properly configure Use Case and use the Unqork Materials and otherwise take appropriate action to secure, protect and backup the Customer Data, including use of encryption, in a manner that will provide appropriate security and protection from unauthorized account access using and routinely archive the Customer Data; (g) properly implement, and comply with the requirements of, any Customer Third Party Materials; and (h) comply with all Unqork policies and requirements, including but not limited to those set forth in the Documentation and Schedule A attached hereto. Customer acknowledges and agrees that Unqork’s ability to carry out its obligations in a timely manner may depend on Customer’s user identifications compliance with this ▇▇▇▇, and absent such compliance, Unqork will not be liable to Customer for any delay or passwords, provided such identifications or passwords were not improperly disseminated by NCR Voyix or any of its agent or representatives. Customer shall notify NCR Voyix immediately in writing if the security or integrity of an identification or password has been compromisedfailure to perform.

Appears in 1 contract

Sources: End User License Agreement (Eula)

Customer Obligations. To facilitate NCR VoyixNCR’s provision of the Hosting Services hereunder and ▇▇▇▇▇▇▇▇’s access and use of the Hosted NCR Voyix Software hereunder, Customer ▇▇▇▇▇▇▇▇ agrees to undertake the following: (ai) Provide and maintain the Customer Equipment at each of the Customer Locations in accordance with the minimum standards established by NCR VoyixNCR, which as of the Effective Date include a windows-based PC and store level file server that each include a Windows operating system actively supported by Microsoft Corporation, an internet browser that is actively supported by Microsoft Corporation, and Customer Equipment maintained in good working order in accordance with the minimum standards recommended by the manufacturer; (bii) Provide and maintain access to the internet at each of the Customer Locations through a competent internet service provider (ISP), maintaining telephone or other telecommunication services necessary to connect each of Customer’s Locations to Customer’s ISP; (ciii) Abide by the security procedures specified by NCR Voyix and perform reasonable and customary security practices to preclude attempts to circumvent any security procedures or utilize any unauthorized systems in an attempt to access the data of another Customer; (div) Provide timely notification of any issues and give appropriate lead time to NCR Voyix for any special requests; (ev) Make all reasonable efforts to assist NCR Voyix in identifying, isolating and replicating issues found in the System; and (fvi) Customer shall be solely responsible for the manner in which Customer and Customer’s users use the System and the Hosted NCR Software. Customer shall ensure that only authorized users have access to any user identifications or passwords for use in connection with the System and the Hosted NCR Software and that such authorized users shall not disclose such identifications or passwords to any other individual. Customer acknowledges and agrees that it is solely responsible for strictly maintaining the confidentiality and integrity of such identifications and passwords and Customer shall indemnify and hold harmless NCR Voyix from and against any liability, damages, or costs arising from Customer’s failure to comply with this obligation including, but not limited to, improper or unauthorized account access using Customer’s user identifications or passwords, provided such identifications or passwords were not improperly disseminated by NCR Voyix or any of its agent or representatives. Customer shall notify NCR Voyix immediately in writing if the security or integrity of an identification or password has been compromised.

Appears in 1 contract

Sources: Hospitality Subscription Program Agreement

Customer Obligations. To facilitate NCR Voyix’s provision of the Hosting Services hereunder and ▇▇▇▇▇▇▇▇’s access and use of the Hosted NCR Voyix Software hereunderVoyix¶V SURYLVLRQ RI WKH +RV DQG &XVWRPHU¶V DFFHNVCRVV oyDixQSGoft waXreVheHre unRderI, Customer agrees to undertake C usWtoKmeHr a gr+eeRs tVo uWndHerGtak e the following: (ai) Provide and maintain the Customer Equipment at each of the Customer Locations in accordance with the minimum standards established by NCR Voyix, which as of the Effective Date include a windows-based PC and store level file server that each include a Windows operating system actively supported by Microsoft Corporation, an internet browser that is actively supported by Microsoft Corporation, and Customer Equipment maintained in good working order in accordance with the minimum standards recommended by the manufacturer; (bii) Provide and maintain access to the internet at each of the Customer Locations through a competent internet service provider (ISP), maintaining telephone or other telecommunication services necessary to connect each of Customer’s Locations to Customer’s ISP;RI &XVWRPHU¶V /RFDWLRQV WR &XVWRPHU¶V ,63 (ciii) Abide by the security procedures specified by NCR Voyix and perform reasonable and customary security practices to preclude attempts to circumvent any security procedures or utilize any unauthorized systems in an attempt to access the data of another Customer; (div) Provide timely notification of any issues and give appropriate lead time to NCR Voyix for any special requests; (ev) Make all reasonable efforts to assist NCR Voyix in identifying, isolating and replicating issues found in the System; and (fvi) Customer shall be solely responsible for the manner in which Customer and Customer’s users use responsibOH IRU WKH PDQQHU LQ ZKLFK &XV the System and the Hosted NCR Voyix Software. Customer shall ensure that only authorized users have access to any user identifications or passwords for use in connection with the System and the Hosted NCR Voyix Software and that such authorized users shall not disclose such identifications or passwords to any other individual. Customer acknowledges and agrees that it is solely responsible for strictly maintaining the confidentiality and integrity of such identifications and passwords and Customer shall indemnify and hold harmless NCR Voyix from and against any liability, damages, or costs arising from Customer’s failure to comply with this obligation DQG DJDLQVW DQ\ OLDELOLW\ GDPDJHV RU FRVWV DULV including, but not limited to, improper or unauthorized account access using Customer’s user identifications or unaXWKRUL]HG DFFRXQW DFFHVV XVLQJ passwords, provided such identifications or passwords were not improperly disseminated by NCR Voyix or any of its agent or representatives. Customer shall notify NCR Voyix immediately in writing if the security or integrity of an identification or password has been compromised.

Appears in 1 contract

Sources: Hospitality Subscription Program Agreement