Common use of Services - Cloud Services Clause in Contracts

Services - Cloud Services. a. A Cloud Service is an IBM offering provided by Datatrend in collaboration with IBM and made available via a network. Each Cloud Service is described in a Sales Order. Cloud Services are designed to be available 24/7, subject to maintenance. Client will be notified of scheduled maintenance. Technical support and service level commitments, if applicable, are specified in an Attachment or Sales Order. b. When Datatrend accepts Client’s order, Datatrend shall coordinate with IBM to provide Client the authorizations specified in the Sales Order. c. Datatrend will coordinate with IBM to provide the facilities, personnel, equipment, software, and other resources necessary to provide the Cloud Services and generally available user guides and documentation to support Client’s use of the Cloud Service. A Cloud Service may require the use of enabling software that Client downloads to Client systems to facilitate use of the Cloud Service. Client may use enabling software only in connection with use of the Cloud Service and according to any licensing terms if specified in a Sales Order. ENABLING SOFTWARE IS PROVIDED AS-IS, WITHOUT WARRANTIES OF ANY KIND. d. Client will provide hardware, software and connectivity to access and use the Cloud Service, including any required Client-specific URL addresses and associated certificates. e. Client may access a Cloud Service only to the extent of authorizations acquired by Client. Client is responsible for use of Cloud Services by any user who accesses the Cloud Service with Client’s account credentials. A Cloud Service may not be used in any jurisdiction for unlawful, obscene, offensive or fraudulent Content or activity, such as advocating or causing harm, interfering with or violating the integrity or security of a network or system, evading filters, sending unsolicited, abusive or deceptive messages, viruses or harmful code, or violating third party rights. In addition, Client may not use Cloud Services if failure of the Cloud Service could lead to death, bodily injury, or property or environmental damage. Client may not: i) reverse engineer any portion of the Cloud Services; ii) assign or resell direct access to a Cloud Service to a third party outside Client’s Enterprise; or

Services - Cloud Services. a. A Cloud Service is an IBM a Supplier offering provided by Datatrend in collaboration with IBM the Supplier and made available via a network. Each Cloud Service is described in a Sales OrderTD. Cloud Services are designed to be available 24/7, subject to maintenance. Client The Buyer will be notified of scheduled maintenance. Technical support and service level commitments, if applicable, are specified in an Attachment or Sales OrderTD. b. When Datatrend the Supplier accepts Clientthe Buyer’s order, Datatrend shall coordinate with IBM to provide Client the authorizations Supplier provides the Buyer the authorisations specified in the Sales OrderTD. c. Datatrend The Supplier will coordinate with IBM to provide the facilities, personnel, equipment, software, and other resources necessary to provide the Cloud Services and generally available user guides and documentation to support Clientthe Buyer’s use of the Cloud Service. A Cloud Service may require the use of enabling software that Client the Buyer downloads to Client the Buyer’s systems to facilitate use of the Cloud Service. Client The Buyer may use enabling software only in connection with use of the Cloud Service and according to any licensing terms if specified in a Sales OrderTD. ENABLING SOFTWARE IS PROVIDED ASEnabling software is provided as-ISis, WITHOUT WARRANTIES OF ANY KINDwithout warranties of any kind. d. Client The Buyer will provide hardware, software and connectivity to access and use the Cloud Service, including any required Client-Buyer- specific URL addresses and associated certificates. e. Client The Buyer may access a Cloud Service only to the extent of authorizations authorisations acquired by Clientthe Buyer. Client The Buyer is responsible for use of Cloud Services by any user who accesses the Cloud Service with Client’s the Buyer's account credentials. A Cloud Service may not be used in any jurisdiction for unlawful, obscene, offensive or fraudulent Content or activity, such as advocating or causing harm, interfering with or violating the integrity or security of a network or system, evading filters, sending unsolicited, abusive or deceptive messages, viruses or harmful code, or violating third party rights. In addition, Client the Buyer may not use Cloud Services if failure of the Cloud Service could lead to death, bodily injury, or property or environmental damage. Client The Buyer may not: i) reverse engineer any portion of the Cloud Services; ii) assign or resell direct access to a Cloud Service to a third party outside Client’s the Buyer's Enterprise; oror iii) combine Cloud Services with the Buyer's value add to create a commercially available Buyer branded solution that the Buyer markets to its end user customers unless otherwise agreed. f. A Cloud Service or feature of a Cloud Service is considered "Preview" when the Supplier makes such services or features available at no charge, with limited or pre-release functionality, or for a limited time to try available functionality (such as beta, trial, no-charge, or preview designated Cloud Services). Preview services are excluded from available service level agreements. A Preview service may not be covered by support and the Supplier may change or discontinue a Preview service at any time and without notice. The Supplier is not obligated to release a Preview service or make an equivalent service generally available.