Common use of Hosted Software Services Clause in Contracts

Hosted Software Services. 19.1. The Software to control and monitor Products that are Wave Glider Systems is the Wave Glider Management System (“WGMS”), which is a web-based software service hosted by Liquid Robotics and made available to Customer through the Internet from a URL (the “URL”) to be provided to Customer (“Software Service”). Liquid Robotics may change the URL from time to time upon no less than a ten (10) day notice to Customer. Customer acknowledges that the Software Services are not designed, intended or authorized for use in hazardous or mission-critical circumstances or for uses requiring fail-safe performance such as the operation of nuclear facilities, aircraft navigation or communications systems, air traffic control systems or weapons control systems, or where failure could lead to death or personal injury. Customer shall not use the Software Services for such purposes or under such circumstances. 19.2. Subject to this Contract, the Software License Agreement, and Customer’s compliance therewith, including but not limited to any Software Service restrictions and conditions in Seller’s Quote, commencing on the Shipment Date and continuing until one year thereafter (“Subscription Term”), Company will provide the Software Services to Customer. Liquid Robotics will notify Customer of the pending Subscription Term expiration at least ninety (90) days in advance of such expiration. A final notice of expiration will be provided to Customer not less than thirty (30) days prior to the Subscription Term expiration. These notifications are intended to allow Customer to budget and plan for subscription cost renewal. At the end of the Subscription Term, Seller, on behalf of Customer, will automatically renew Customer’s Software Services subscription for a term of one (1) year and will auto-generate a new one-year Subscription Term invoice based on its current price list for Software Services. Customer may notify Seller prior to the expiry of the Subscription Term for Software Services of its desire to not renew the Subscription Term. However, any non-renewal of Software Services will render the Product(s) inoperable and may result in Seller suspending Customer’s access rights hereunder or under the applicable Software License Agreement, with or without notice to Customer. Customer may access and use the Software Services solely during the Subscription Term and solely for the Limited Purpose and such access and use is expressly limited to the number of Users authorized in Seller’s Quote.