MM Services definition
Examples of MM Services in a sentence
In the event MM adds additional functionality to a particular MM Service, MM may condition the implementation of such modifications on Customer’s payment of additional fees provided Customer may continue to use the version of the MM Services that MM makes generally available (without such features) without paying additional fees.
Accordingly, MM reserves the right to modify the MM Services, from time to time.
MM will indemnify, defend and hold Customer, its directors, officers, and employees (each a “Customer Indemnified Party”) harmless from and against any and all losses, damages, liability, costs and expenses awarded by a court or agreed upon in settlement, as well as all reasonable and related attorneys’ fees and court costs (collectively “Losses”) arising out of any third party claim to the extent alleging that the MM Services infringe any U.S. patent, copyright, trademark or trade secret.
Subject to Customer’s compliance with the terms and conditions contained in this Agreement, MM grants to Customer a non-exclusive, non-transferable, non-sublicenseable, revocable right to access and use the MM Services for the number of Machines set forth in the SOW during the Term (as defined below) solely for Customer’s internal business purposes.
Except as otherwise set forth in any SOW, all fees (if any) related to Customer’s subscription access to the MM Services set forth in the SOW (“Subscription Fees”) will be invoiced by MM in accordance with the SOW.
If Customer receives access to the MM Services through a trial offered by MM or via MM’s website (a “Trial”), Customer’s right to use and access the MM Services (including this Agreement and all SOWs hereunder) will terminate at the end of the Trial period set forth in the applicable SOW and Customer will have pay to MM its then-current fees in order to continue using and accessing the MM Services.
MM shall use commercially reasonable efforts to provide certain Professional Services related to Customer’s use of the MM Services as indicated on an SOW.
Customer acknowledges and agrees that if ▇▇▇▇▇▇▇▇ receives access to the MM Services through a Trial, (a) MM will have no obligations under Section 8.1 with respect to Customer; and (b) not all features and/or functionality of the MM Services will be available to Customer.
If Customer has entered into an arrangement with an authorized MM channel partner with respect to the MM Services (such as a reseller or OEM partner) (“Channel Partner”), MM may delegate or novate any of its obligations under this Agreement to such Channel Partner (e.g., support services and payment collection), and MM will not have any obligation to provide novated services to Customer (because the Channel Partner will have such obligation directly to Customer).
Certain items of software may be provided to Customer with the MM Services or MM Devices and are subject to “open source” or “free software” licenses (“Open Source Software”).