Services Deliverable definition
Examples of Services Deliverable in a sentence
Microsoft will defend Customer against any third-party claim to the extent it alleges that a Product or Services Deliverable made available by Microsoft for a fee and used within the scope of the license granted under this Agreement (unmodified from the form provided by Microsoft and not combined with anything else), misappropriates a trade secret or directly infringes a patent, copyright, trademark, or other proprietary right of a third party.
If Microsoft is unable to resolve a claim of misappropriation or infringement, it may, at its option, either (1) modify or replace the Product or Services Deliverable with a functional equivalent or (2) terminate Customer’s license and refund any license fees (less depreciation for perpetual licenses), including amounts paid in advance for unused consumption for any usage period after the termination date.
Microsoft will not be liable for any claims or damages due to Customer’s continued use of a Product or Services Deliverable after being notified to stop due to a third-party claim.
Customer must not (and is not licensed to) (1) reverse engineer, decompile or disassemble any Product, Fix, or Services Deliverable; (2) install or use non-Microsoft software or technology in any way that would subject Microsoft's intellectual property or technology to any other license terms; or (3) work around any technical limitations in a Product, Fix or Services Deliverable or restrictions in Product documentation.
Microsoft will defend Customer against any third-party claim to the extent it alleges that a Product, Fix or Services Deliverable made available by Microsoft for a fee and used within the scope of the license granted (unmodified from the form provided by Microsoft and not combined with anything else) misappropriates a trade secret or directly infringes a patent, copyright, trademark or other proprietary right of a third party.
Professional Services Deliverable Description Deliverables for each calendar quarter Quarterly Release Documents Documents specify the changes in features and behavior of the and Prototypes Content Hub Solution, describing Subscriber and Content Hub Solution system interactions for features and enhancements intended for releases in Software for such quarter.
The Supplier’s maximum liability to the Buyer for failing to use reasonable endeavours to correct such Non-Conformity shall be to refund the fees and expenses paid by the Buyer to the Supplier for the IT Services Deliverable or portion of the IT Services Deliverable that is non-conforming.
If Microsoft reasonably believes that a Product, Fix, or Services Deliverable may infringe or misappropriate a third-party’s intellectual property rights, Microsoft will seek to: (1) procure for Institution the right to continue to use the Product, Fix or Services Deliverable; or (2) modify or replace it with a functional equivalent to make it non-infringing and notify Institution to discontinue use of the prior version, which Institution must do immediately.
If the Buyer notifies the Supplier of any Non-Conformity in an IT Services Deliverable in writing within the Acceptance Period, the Supplier shall use its reasonable endeavours to correct such Non-Conformity at its own expense and shall notify the Buyer when the corrections are complete.
Any such acceptance testing shall be carried out within five (5) days after the Supplier has supplied the relevant IT Services Deliverable, or such other period as the parties may each agree, (the “Acceptance Period”), to test the IT Services Deliverable.