Moat definition
Examples of Moat in a sentence
Oracle will use reasonable efforts to re-establish the Moat Services promptly after it determines that the issue causing the suspension has been resolved.
Fees for use of the Moat Services (as defined below) are set forth in the Order.
If Oracle terminates this MSA and the Order as specified in the preceding sentence, Company must pay within thirty (30) days all amounts that have accrued prior to such termination, as well as all sums remaining unpaid for the Moat Services under this MSA and the Order plus related taxes and expenses.
Company agrees that if it is in default under this MSA, it may not use the Moat Services.
Oracle and its affiliates may perform certain aspects of the Moat Services (e.g., administration, maintenance, support, disaster recovery, data processing, etc.) from locations and/or through use of subcontractors, worldwide.
If Oracle believes or it is determined that the Moat Services may have violated a third party’s intellectual property rights, Oracle may choose to either modify Moat Services to be non-infringing (while substantially preserving their utility or functionality) or obtain a license to allow for continued use, or if these alternatives are not commercially reasonable, Oracle may end the license for the Moat Services and refund any unused, prepaid fees Company may have paid to Oracle for the Moat Services.
Oracle updates to the Moat Services will not materially reduce the level of performance, functionality, security or availability of the Moat Services during the Term.
If a third party makes a claim against Company that Oracle’s technology that provides the Moat Services infringes such third party’s intellectual property rights, Oracle, at Oracle’s sole cost and expense, will defend Company against the claim and indemnify Company from the damages, liabilities, costs and expenses awarded by the court to the third party making such claim or the settlement agreed to by Oracle.
Company may allow its Users to use the Moat Services for this purpose, and Company is responsible for their compliance with this MSA and the Order.
Oracle will not indemnify Company if Company (a) alters the Moat Services or uses the Moat Services outside the scope of use identified in this MSA or the Order or (b) uses a version of the Moat Services which has been superseded, if the infringement claim could have been avoided by using an unaltered current version of the Moat Services which was made available to Company.