Eligibility of Software Sample Clauses

Eligibility of Software. Maintenance and Support will not include services ----------------------- requested as a result of, or with respect to, the following, and any services requested as a result thereof will be billed to Customer at Numerical Technologies' then-current rates:
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Eligibility of Software. Software shall be eligible for Services under this Agreement so long as (i) the Software meets Xxxxxx’s specified Minimum Revision Level (as defined in Paragraph 1.3), (ii) the Software is unmodified by Customer unless done so at the express direction of Corero; and (iii) the Software was purchased from Corero or one of Authorized Partners and the purchase is covered by a valid software license agreement between Customer and Corero. Where Customer does not renew Services in respect of any Software, for a period greater than sixty (60) days, Corero shall only reinstate such after review and written approval and only after all fees have been paid by Customer.
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Eligibility of Software. Maintenance and Support will not include services requested as a result of, or with respect to, (i) improper installation by Customer or use of the Software that deviates from any operating procedures established by CrossWorlds in the applicable Documentation, (ii) attempted or actual modification, alteration, additions or extensions to or of the Software by Customer or any third party (except for modifications, alterations, additions or extensions to or of the Software permitted in writing by CrossWorlds), (iii) accident, electrical failure, or failure of air conditioning or humidity control, (iv) any version of the Software more than one Update prior to the currently commercially available Update of the Software so long as CrossWorlds timely provided each of the Updates; (v) failure to incorporate an Update previously released and provided by CrossWorlds and (vi) any portion(s) of the Software customized by CrossWorlds, Customer or a Third Party Consultant for Customer's use. 7.4. Responsibilities of Customer. CrossWorlds' provision of Maintenance and Support to Customer is subject to (and if Customer employs a Third Party Consultant as described in Section 2.7, such Third Party Consultant's compliance with) the following:
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Eligibility of Software. Maintenance and Support will not include services requested as a result of, or with respect to, the following, and any services requested as a result thereof will be billed to Customer at Denodo’s then- current rates: i accident; unusual physical, electrical or electromagnetic stress; neglect; misuse; failure of electric power, air conditioning or humidity control; failure of rotation media not furnished by Denodo; operation of the Software with other media not meeting or not maintained in accordance with the manufacturer’s specifications; or causes other than ordinary use; ii improper installation by Customer or use of the Software that deviates from any operating procedures established by Denodo in the applicable Documentation; iii modification, alteration or addition or attempted modification, alteration or addition of the Software undertaken by persons other than Denodo or Denodo’s authorized representatives; or iv software or technology of any party other than Denodo.
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Eligibility of Software. Linuxcare Services shall not include services ----------------------- requested as a result of, or with respect to, the following, and any such services if provided by Linuxcare shall be provided (if at all) as part of a separate Linuxcare Professional Services contract:
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Eligibility of Software. Maintenance and Support will not include services requested as a result of, or concerning, the following:
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Eligibility of Software. Maintenance and Support will not include services requested as a result of, or with respect to, the following (except to the extent caused by TNT), and any services requested as a result thereof will be billed to TNC at a rate of two hundred forty percent (240%) of the applicable hourly fee, pay, wage, or salary of the employee performing such services, plus out-of-pocket expenses associated therewith; provided, however, that if such services are performed by a consultant of TNT, such rate shall be one hundred twenty percent (120%) of the applicable hourly fee of such consultant:
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Related to Eligibility of Software

  • Exclusivity of Services The Subadviser shall devote its best efforts and such time as it deems necessary to provide prompt and expert service to Client and the Fund. The services of Subadviser to be provided hereunder are not to be deemed exclusive and Subadviser shall be free to provide similar services for its own account and the accounts of other persons and to receive compensation for such services. Client acknowledges that Subadviser and its Affiliates and Subadviser's other clients may at any time, have, acquire, increase, decrease or dispose of positions in the same investments which are at the same time being held, acquired for or disposed of under this Agreement for the Fund. Subadviser shall have no obligation to acquire or dispose of a position in any investment pursuant to this Agreement simply because Subadviser, its directors, members, Affiliates or employees invest in such a position for its or their own accounts or for the account of another client.

  • Quality of Service Contractor shall perform its services with care, skill, and diligence, in accordance with the applicable professional standards currently recognized by such profession, and shall be responsible for the professional quality, technical accuracy, completeness, and coordination of all reports, designs, drawings, plans, information, specifications, and/or other items and services furnished under this Agreement. Contractor shall, without additional compensation, correct or revise any errors or deficiencies immediately upon discovery in its reports, drawings, specifications, designs, and/or other related items or services.

  • Ownership of Software and Related Material All computer programs, magnetic tapes, written procedures, and similar items purchased and/or developed and used by Price Associates in performance of this Agreement shall be the property of Price Associates and will not become the property of the Funds.

  • Ownership of Software and Related Materials All computer programs, written procedures and similar items developed or acquired and used by the Administrator in performing its obligations under this Agreement shall be the property of the Administrator, and no Series will acquire any ownership interest therein or property rights with respect thereto.

  • Availability of Services CBT agrees not to discontinue or refuse to provide any service provided or required hereunder other than in accordance with the terms of this Agreement, or unless required by the Commission.

  • Quality of Services (a) The Consultant shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished pursuant to this Agreement.

  • Continuity of Service Except where there exists an emergency situation necessitating a more expeditious procedure, the Licensee shall use reasonable efforts to interrupt service for the purpose of Cable Communications System construction, routine repairing or testing the Cable System only during periods of minimum use. When necessary service interruptions can be anticipated, the Licensee shall notify Subscribers in advance via message on the community channel community bulletin board.

  • Continuity of Services A. The Contractor recognizes that the service(s) to be performed under this Contract are vital to the State and must be continued without interruption and that, upon Contract expiration, a successor, either the State or another contractor, may continue them. The Contractor agrees to:

  • Originality of Services Except as to standard generic details, Consultant agrees that all technologies, formulae, procedures, processes, methods, writings, ideas, dialogue, compositions, recordings, teleplays and video productions prepared for, written for, or submitted to the District and/or used in connection with this Agreement, shall be wholly original to Consultant and shall not be copied in whole or in part from any other source, except that submitted to Consultant by District as a basis for such services.

  • Availability of Service We will use reasonable efforts to make the Service available for your use on a continuous basis. The Service may be unavailable for short periods of time for regular or emergency system maintenance. We will endeavor to have our scheduled maintenance occur during non-peak hours. In addition, accessibility to the Service may be interrupted because of conditions beyond our control, including outages in Internet, cellular or other communications availability. We will use diligent efforts to re-establish the Services as promptly as possible. We do not promise the Service will always be available for your use. We may elect to discontinue this Service at any time. If we choose to discontinue the Service, we will provide you with reasonable notice in advance of that fact. We reserve the right at all times to take actions to protect our systems and information, including denial of access to users of the Service.

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