TSG SOFTWARE definition

TSG SOFTWARE means the Software owned or licensed by TSG and made available to Customer by TSG in connection with the performance of the Services.
TSG SOFTWARE shall include the systems listed on SCHEDULE 4.3, which are owned by either TSG or a third party other than Hyatt, and used in the performance of the TSG Services. In accordance with terms and conditions, including pricing, to be mutually agreed to by the parties in writing in advance, TSG may use either the Hyatt Software or the TSG Software (other than the CRSVIEW and QIK-ACCESS systems described below) on behalf of Customer.
TSG SOFTWARE. The software that is developed and licensed to Customer under the terms of this Agreement and that (i) is identified by TSG internally as being owned solely or jointly by TSG or licensed by TSG, (ii) is used or useful in the trucking carrier business, and (iii) can be freely licensed by TSG to third parties for use in the trucking carrier business without payment of a royalty or other fee to a third party.

Examples of TSG SOFTWARE in a sentence

  • IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NONPERFORMANCE OF THE TSG SOFTWARE OR SERVICES, OR THE PERFORMANCE OR NONPERFORMANCE OF EITHER PARTY'S OBLIGATIONS UNDER THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  • THE WARRANTIES SPECIFIED IN THIS AGREEMENT ARE THE ONLY WARRANTIES MADE BY TSG WITH RESPECT TO THE TSG SOFTWARE AND SERVICES.

  • NO REPRESENTATION OR OTHER AFFIRMATION OF FACT WHICH IS NOT CONTAINED IN THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE, OR PERFORMANCE OF THE HARDWARE, TSG SOFTWARE OR DATA, OR TSG SERVICES, SHALL BE DEEMED TO BE A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF TSG.

  • EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY LOSS, LIABILITY, DAMAGE OR EXPENSE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OR NONPERFORMANCE OF THE TSG SOFTWARE OR SERVICES, OR THE PERFORMANCE OR NONPERFORMANCE OF EITHER PARTY'S OBLIGATIONS UNDER THIS AGREEMENT, UNLESS SUCH LOSS, LIABILITY, DAMAGE OR EXPENSE SHALL BE DUE TO THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF SUCH PARTY.

  • EXCEPT AS OTHERWISE SPECIFIED IN THIS AGREEMENT, THE TSG SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS." THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR INTENDED USE OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.