Software and Services. Upon execution of this Contract, a notice of award for RFO DIR-SDD-TMP-232 shall be posted by DIR on the Electronic State Business Daily.
Software and Services. Provided Customer is in compliance with the terms of this MSA, including payment of Fees, CyFlare grants to Customer a limited, non-transferable, non-sublicensable, non-exclusive right and/or license during the Term to, to the extent applicable given the Service: (i) install the object code form of the Software (including any related to virtual Equipment, if applicable), but only in connection with Customer’s use of the Service and otherwise in accordance with this MSA, and/or access and use the Services for up to the number of licenses set forth in an SOW, (ii) obtain and use CyFlare’s Services in conjunction with Customer’s use of the Service, (iii) obtain onboarding services from CyFlare to install the Equipment, (iv) load Customer’s users and associated information into the applicable Service, and (v) access the CyFlare ONE Platform. Customer acknowledges that any changes Customer makes to its infrastructure or the configuration of the Software or Service after initial deployment may cause the Software or Service to cease working or function improperly. CyFlare will have no responsibility for the impact of any such Customer changes. The Customer understands that depending on the Software or Service deployed; Software may consume additional CPU and memory in the Customer’s environment while running in production.
Software and Services. Vendor warrants that for twelve (12) months following the acceptance of the total system, the Developed Software (and associated documentation) to be delivered to Customer hereunder shall be free from significant programming errors and from defects in workmanship) and materials; shall conform to the performance capabilities, characteristics, specifications, functions and other descriptions and standards applicable thereto as set forth in the Purchase Order or attachments; and that, in general, the services to be performed by Vendor shall be performed in a timely and professional manner by qualified technicians totally familiar with such Developed Software. In the event that defects are discovered during the warranty period, Vendor shall promptly remedy such defects at no additional expense to Customer.
Software and Services. Licensor warrants that on the Acceptance Date the Software furnished hereunder shall be free from programming errors and from defects in workmanship and materials and shall operate in conformity with the performance capabilities, specifications, functions and other descriptions and standards applicable thereto as set forth in the Purchase Order; that the services shall be performed in a timely and professional manner by qualified professional personnel; and that the services and Software shall conform to the standards generally observed in the industry for similar services and Software. This warranty shall not be affected by Customer’s modifications of the Software (including source code) as long as Licensor can discharge any warranty obligations notwithstanding such modifications or following removal of such modifications by Customer.
Software and Services. Provided Customer is in full compliance with the terms of this Agreement, Arctic Wolf grants to Customer a limited, non-transferable, non-sublicensable, non-exclusive license during the Subscription Term to (i) install the object code form of the Software, but only in connection with Customer’s use of the Solutions and otherwise in accordance with the Documentation, this Agreement, and the Solution Terms located at xxx.xxxxxxxxxx.xxx/xxxxx/xxxxxxxxxxxxxx/, as may be updated from time-to-time, (ii) use Arctic Wolf’s third party cloud service providers in conjunction with Customer’s use of the Solution, and (iii) access the Arctic Wolf Customer Portal, subject to the Privacy Policy located at xxxxx://xxxxxxxxxx.xxx/privacy-policy-for-customer-portal-users/ (“Privacy Policy”), as may be updated from time-to-time. Customer Data will be retained in accordance with the Solutions Terms. Customer must implement Software and Services in order to enable features of the Solutions. Customer acknowledges that any changes made to the Customer’s infrastructure or configuration of the Solutions after initial deployment may cause the Solutions to cease working or function improperly and that Arctic Wolf will have no responsibility for the impact of any such Customer changes.
Software and Services. Use of SAAS Products is constituted as a subscription with usage limits to which additional subscriptions may be added. A subscriber license is required for every user in the system that can be processed by a subsystem (such as Web Self-Care, Notifications, AAA, Balance Management, CRM, Mobile App, etc.). The only users not counted towards the license are system users and deleted users who are archived and accessible in historical searches. • System users login credentials shall not be shared and Customer is responsible for passwords and security. Customer is responsible for subscriber's compliance with this Agreement. Customer shall use commercially reasonable efforts to prevent unauthorized access to the software and services and notify Alepo in case of any such unauthorized access or use. • If Customer uses the SAAS Products for external messages or communications, Customer shall be responsible for complying with the applicable laws with respect to use of any cookies, tracking technologies, or any data protection and privacy laws. • The Customer shall not directly or indirectly, sell, transfer, offer, disclose, lease, or sub-license the SAAS Products to any third party. • Except as permitted by this Agreement, the Customer shall not itself (or through any holding, subsidiary or associated company, agent or third party to) (i) modify, vary, enhance, copy or duplicate, or permit anyone else to modify, vary, enhance, copy or duplicate, any part of the Software, or (ii) create or attempt to create, or permit others to create or attempt to create, by adapt, dissemble, decompile, reassemble, translate, reverse engineering, or otherwise, the source programs or any part thereof from the object programs or from other information made available under this Agreement. Data Protection Each party shall comply with their respective obligations as the data controller and the data processor under any applicable data protection laws and regulations (together, the “Data Privacy Laws”) in connection with the SAAS Products. The parties acknowledge that, in respect of all personal data controlled by Customer and processed by Alepo for the purpose of the provision of the SAAS Products:
Software and Services. The Software is provided to you by Toyota Canada Inc. and/or its affiliates (together, “Toyota”), and includes the Software (including firmware) originally installed by or on behalf of Toyota on your Vehicle, and any Updates installed by you, Toyota or a dealer. The Software enables certain Vehicle functions, and gives you access to and the ability to use Services provided by Toyota, its licensors and/or third parties identified by Toyota and/or its licensors (collectively, “Service Providers”).
Software and Services. The Software is provided to you by Lexus, a division of Toyota Canada Inc. and/or its affiliates (together, “Lexus”), and includes the Software (including firmware) originally installed by or on behalf of Lexus on your Vehicle, and any Updates installed by you, Lexus or a dealer. The Software enables certain Vehicle functions, and gives you access to and the ability to use Services provided by Lexus, its licensors and/or third parties identified by Lexus and/or its licensors (collectively, “Service Providers”).
Software and Services. In the Equipment description above, some items --------------------- are software (the "Software"). Lessor makes no representation or warranty -------- relating to the Software, including without limitation any warranty of title, patent, infringement, quiet enjoyment, description or fitness for use with respect thereto, it being understood that Lessor does not lease or license the Software to Lessee. On behalf of Lessee, Lessor shall pay Vendor $13,046.00 as the license fee for the Software. Upon the occurrence of a Default, in addition to the remedies specified in Article VI of the Agreement, Lessor shall be entitled to direct Lessee to cease further use of the Software. Lessee hereby agrees to immediately cease use of the Software upon receipt of such a direction from Lessor. Lessee further agrees that the detriment which Lessor will suffer as a result of a breach by Lessee of the obligation contained in the foregoing sentence cannot be adequately compensated by monetary damages, and therefore Lessor shall be entitled to injunctive and other equitable relief to enforce this provision. Additionally, in the Equipment description above, some items are consulting, installation, training and/or custom programming services or other services ("Services") which Vendor will perform for the benefit of Lessee. -------- Lessor shall pay Vendor $27,000.00 for the performance of such Services. Lessee's obligation under Section 7.2 of the Agreement to pay Rent shall not be affected by any inadequacy of the Software or the Services, by the bankruptcy of the licensor of the Software or Vendor, by the failure of licensor of the Software to support the Software, or the like. In the event of a Casualty of the items of Equipment which are hardware, in addition to the payment from Lessee to Lessor of the Stipulated Loss Value of such Equipment, at Lessor's option Lessee shall (a) pay Lessor the present value of all Rent allocable to Software and Services, or (b) continue the Lease and pay the Rent allocable to Software and Services on a monthly basis until the end of the Initial Term.
Software and Services. 1.1. The following definitions shall apply to this Agreement, including all product schedules referencing this Agreement (the “Schedules”):
