Common use of Integrated Services Clause in Contracts

Integrated Services. If the Subscription Service (i) integrates or interoperates with third party hardware, software, services, websites, or data; or (ii) at Subscriber’s request enables automatic login, access to and transmission of (including automatic updates of) Subscriber data to nominated third parties’ systems via connected applications by logon to the Subscription Service (known as single sign-on) (together “Integrated Subscription Service”), it is Subscriber’s responsibility to secure the right for Fourth to receive, transmit, process, display, and store all data from and to such third party (“Integrated Data”) to the extent required for Fourth to perform its obligations and exercise its rights under these Terms and Conditions. Fourth’s obligation to provide Integrated Subscription Services are contingent upon Subscriber securing such rights. Subscriber’s failure to secure such rights does not terminate or suspend Subscriber’s obligation to pay Fees for the Integrated Subscription Service. Subscriber acknowledges that the Integrated Subscription Services may be provided through credentials which represents an administrator (or equivalent) level of access to the Subscription Service, the Integrated Data and Subscriber’s data. Fourth does not control, is not responsible for, and Subscriber bears all risks associated with access to and use of such third-party hardware, software, services, websites, or Integrated Data, including all activity that occurs through Subscriber’s credentials for the Integrated Subscription Service, and all acts and omissions of third parties in connection with their use of such credentials, Subscriber Data and the Integrated Subscription Service. Any Integrated Data made accessible by Fourth in or through the Integrated Subscription Service is provided on an “as-is” and “as available” basis without any warranty of any kind. Integrated Data may be indecent, offensive, inaccurate, incomplete, infringing or otherwise objectionable or unlawful, and Subscriber acknowledges that Fourth is not responsible for and under no obligation to control, monitor or correct Integrated Data; provided, however, Fourth reserves the right to take remedial action if any such data violates applicable law or these Terms and Conditions, including without limitation, the removal of, or disablement of access to, such data and the Integrated Subscription Service. Fourth reserves the right to limit the amount, type, and frequency in which Integrated Data may be uploaded into the Integrated Service. Subscriber’s change in or additional use of third-party hardware, software, services, or websites that requires integration with a Fourth Integrated Subscription Service may result in immediate additional Fees beginning at the time such change was made. Subscribers with an Integrated Service shall provide at all times a current and active contact within its organization to Fourth so that Fourth may provide Subscriber notice of any material changes to its API. Integrated Subscription Service warranties are contingent upon Subscriber maintaining such a contact. Fourth is not responsible for any Integrated Subscription Service degradation or downtime due to Subscriber’s failure to provide and maintain such a contact. Where credentials associated with an Integrated Subscription Service have not been used for a period of six months or more, Fourth reserves the right, but is not required, to deactivate such credentials.

Appears in 2 contracts

Samples: General Terms and Conditions, General Terms and Conditions

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Integrated Services. If the Subscription Service (i) integrates or interoperates with third party hardware, software, services, websites, or data; or (ii) at Subscriber’s request enables automatic login, access to and transmission of (including automatic updates of) Subscriber data to nominated third parties’ systems via connected applications by logon to the Subscription Service (known as single sign-on) (together “Integrated Subscription Service”), it is Subscriber’s responsibility to secure the right for Fourth to receive, transmit, process, display, and store all data from and to such third party (“Integrated Data”) to the extent required for Fourth to perform its obligations and exercise its rights under these Terms and Conditions. Fourth’s obligation to provide Integrated Subscription Services are contingent upon Subscriber securing such rights. Subscriber’s failure to secure such rights does not terminate or suspend Subscriber’s obligation to pay Fees for the Integrated Subscription Service. Subscriber acknowledges that the Integrated Subscription Services may be provided through credentials which represents an administrator (or equivalent) level of access to the Subscription Service, the Integrated Data and Subscriber’s data. Fourth does not control, is not responsible for, and Subscriber bears all risks associated with access to and use of such third-party hardware, software, services, websites, or Integrated Data, including all activity that occurs through Subscriber’s credentials for the Integrated Subscription Service, and all acts and omissions of third parties in connection with their use of such credentials, Subscriber Data and the Integrated Subscription Service. Any Integrated Data made accessible by Fourth in or through the Integrated Subscription Service is provided on an “as-is” and “as available” basis without any warranty of any kind. Integrated Data may be indecent, offensive, inaccurate, incomplete, infringing or otherwise objectionable or unlawful, and Subscriber acknowledges that Fourth is not responsible for and under no obligation to control, monitor or correct Integrated Data; provided, however, Fourth reserves the right to take remedial action if any such data violates applicable law or these Terms and Conditions, including without limitation, the removal of, or disablement of access to, such data and the Integrated Subscription Service. Fourth reserves the right to limit the amount, type, and frequency in which Integrated Data may be uploaded into the Integrated Service. Subscriber’s change in or additional use of third-party hardware, software, services, or websites that requires integration with a Fourth Integrated Subscription Service may result in immediate additional Fees beginning at the time such change was made. Subscribers with an Integrated Service shall provide at all times a current and active contact within its organization to Fourth so that Fourth may provide Subscriber notice of any material changes to its API. Integrated Subscription Service warranties are contingent upon Subscriber maintaining such a contactcontact and Subscriber’s integrated software or hardware meeting Fourth’s Minimum Requirements for such software or hardware. Fourth is not responsible for any Integrated Subscription Service degradation or downtime due to Subscriber’s failure to provide and maintain such a contact. Where credentials associated with an Integrated Subscription Service have not been used for a period of six months or more, Fourth reserves the right, but is not required, to deactivate such credentials.

Appears in 1 contract

Samples: General Terms and Conditions

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Integrated Services. If the Subscription Service (i) integrates or interoperates with third party hardware, software, services, websites, or data; or data (ii) at Subscriber’s request enables automatic login, access to and transmission of (including automatic updates of) Subscriber data to nominated third parties’ systems via connected applications by logon to the Subscription Service (known as single sign-on) (together “Integrated Subscription Service”), it is Subscriber’s responsibility to secure the right for Fourth HotSchedules to receive, transmit, process, display, and store all data from and to such third party (“Integrated Data”) to the extent required for Fourth HotSchedules to perform its obligations and exercise its rights under these Terms and Conditions. Fourth’s HotSchedules’ obligation to provide Integrated Subscription Services are contingent upon Subscriber securing such rights. Subscriber’s failure to secure such rights does not terminate or suspend Subscriber’s obligation to pay Fees for the Integrated Subscription Service. Subscriber acknowledges that the Integrated Subscription Services may be provided through credentials which represents an administrator (or equivalent) level of access to the Subscription Service, the Integrated Data and Subscriber’s data. Fourth HotSchedules does not control, is not responsible for, and Subscriber bears all risks associated with access to and use of such third-party hardware, software, services, websites, or Integrated Data, including all activity that occurs through Subscriber’s credentials for the Integrated Subscription Service, and all acts and omissions of third parties in connection with their use of such credentials, Subscriber Data and the Integrated Subscription Service. Any Integrated Data made accessible by Fourth HotSchedules in or through the Integrated Subscription Service is provided on an “as-is” and “as available” basis without any warranty of any kind. Integrated Data may be indecent, offensive, inaccurate, incomplete, infringing or otherwise objectionable or unlawful, and Subscriber acknowledges that Fourth HotSchedules is not responsible for and under no obligation to control, monitor or correct Integrated Data; provided, however, Fourth HotSchedules reserves the right to take remedial action if any such data violates applicable law or these Terms and Conditions, including without limitation, the removal of, or disablement of access to, such data and the Integrated Subscription Service. Fourth HotSchedules reserves the right to limit the amount, type, and frequency in which Integrated Data may be uploaded into the Integrated Service. Subscriber’s change in or additional use of third-party hardware, software, services, or websites that requires integration with a Fourth HotSchedules Integrated Subscription Service may result in immediate additional Fees fees beginning at the time such change was made. Subscribers with an Integrated Service shall provide at all times a current and active contact within its organization to Fourth HotSchedules so that Fourth HotSchedules may provide Subscriber notice of any material changes to its API. Integrated Subscription Service warranties are contingent upon Subscriber maintaining such a contact. Fourth HotSchedules is not responsible for any Integrated Subscription Service degradation or downtime Downtime due to Subscriber’s failure to provide and maintain such a contact. Where credentials associated with an Integrated Subscription Service have not been used for a period of six months or more, Fourth reserves the right, but is not required, to deactivate such credentials.

Appears in 1 contract

Samples: General Terms and Conditions

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