Availability of the Software Sample Clauses

Availability of the Software. (1) The Provider draws the Licensee’s attention to the fact that restrictions or impairments which lie out- side the Provider’s sphere of influence may arise with regard to the services provided. This includes, in particular, actions by third parties not acting on behalf of the Provider, technical impairments of Internet availability which the Provider cannot influence, such as line outage, failure of the Internet, or force majeure. Insofar as the above circumstances influence the availability or functionality of the services provided by the Provider, this shall have no effect on the contractual conformity of the services provided.
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Availability of the Software. The Software will be made available to the Customer from the date of this Agreement. The Software will be made available by Pexip to the Customer through downloading from a website. Downloading and installation of the Software in the Customer’s IT system shall be done by the Customer or its Pexip Certified Partner in accordance with the guidelines set out in the administrative guide.
Sample 1
Availability of the Software. The Provider points out to the Customer service may be limited or impaired for reasons outside of the Provider’s control. This includes, in particular, actions of third parties who are not acting on behalf of the Provider, technical conditions that cannot be influenced by the Provider, such as technical conditions on the Internet, and instances of force majeure. The hardware, software and technical infrastructure used by the Customer can also affect the service provided by the Provider. Where circumstances of this nature affect the availability or functionality of the service provided by Provider, the provided service shall be in compliance with this Agreement. The Customer shall promptly notify the Provider, using the TicketManager, with as much detail as possible of functional failures, malfunctions or errors in the Software. Error reports are accepted 24/7. Error reports are processed during the normal business hours of the seller: Monday through Friday from 8:00 a.m. to 5:00 p.m. Telephone support in the event of software errors is provided during the above business hours.
Sample 1
Availability of the Software. 16.1 XxxxxxxxxXxx.xx will endeavour to ensure that the Software is always available; however, XxxxxxxxxXxx.xx cannot give any assurance that the Software will be available at all times. The Software is provided “as is” and “as available”. You do not have any right to the Software and the functions offered being available at all times or to a specific availability being guaranteed by XxxxxxxxxXxx.xx. XxxxxxxxxXxx.xx is not obliged to ensure that the Software can be accessed at all times without any interruptions or faults and does not assume any liability for this.
Sample 1
Availability of the Software. BestyBnB will use commercially reasonable efforts to make the core functions and features of the Software available for access by you via the Internet ninety-five (95%) of the time twenty-four (24) hours a day. You understand and agree that from time to time the Software may be inaccessible or in the event of periodic maintenance procedures or repairs that BestyBnB may undertake and of which BestyBnB will endeavor to notify you at least twenty-four (24) hours in advance by email or by posting via the Software or the BestyBnB website. BestyBnB will not be liable for failure to provide access to the Software due to any emergency maintenance, any catastrophic system failure at BestyBnB or any of its service providers, any failures of your equipment or systems, or due to other acts outside the control of BestyBnB (including, without limitation, any mechanical, electronic or communications failure, failures due to viruses or malicious attacks or for general slow speed of the Internet).
Sample 1
Availability of the Software. 11.1 The Software will be available for use and access by Users 24 hours a day, 7 days a week, except a) for scheduled and noticed maintenance to take place at commercially reasonable times, and b) for violations of MZD’s acceptable use policy.
Sample 1
Availability of the Software. 1. The Software is operational 24/7, with an average annual availability of 98%. The calculation of the annual average is based on the busi- ness days in the state of Saarland, Federal Republic of Germany.
Sample 1
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Availability of the Software. We make no guarantee that the Software will be available at all times. We reserve the right to suspend your access to the Software at any time without notice, and we reserve the right to terminate this Agreement at any time with or without notice to you. We make no guarantees that the Software will operate error free and to the fullest extent permitted we disclaim all liability arising from unavailability of the Software or any errors that arise in the functionality of the Software.
Sample 1

Related to Availability of the Software

  • Availability of Services CBT agrees not to discontinue or refuse to provide any service provided or required hereunder other than in accordance with the terms of this Agreement, or unless required by the Commission.

  • Availability of Licensed Materials Upon the Effective Date of this Agreement, Licensor will make the Licensed Materials available to the Licensee, the Participating Institutions and Authorized Users.

  • Availability of Information To make DHCS PI and PII available to the DHCS and/or 15 COUNTY for purposes of oversight, inspection, amendment, and response to requests for records, 16 injunctions, judgments, and orders for production of DHCS PI and PII. If CONTRACTOR receives 17 DHCS PII, upon request by COUNTY and/or DHCS, CONTRACTOR shall provide COUNTY and/or 18 DHCS with a list of all employees, contractors and agents who have access to DHCS PII, including 19 employees, contractors and agents of its subcontractors and agents.

  • Unavailability of Services You understand and agree that the Services may at times be temporarily unavailable due to system maintenance or technical difficulties. In the event any of the services included in our Mobile Banking Services are unavailable, you acknowledge that you can deposit an original check at our branches or through ATM that accepts your deposit, or by mail.

  • Therapist Availability Therapist’s office is equipped with a confidential voice mail system that allows Patient to leave a message at any time. Therapist will make every effort to return calls within 24 hours (or by the next business day), but cannot guarantee the calls will be returned immediately. Therapist is unable to provide 24-hour crisis service. In the event that Patient is feeling unsafe or requires immediate medical or psychiatric assistance, he/she should call 911, or go to the nearest emergency room.

  • Availability of Funds Unless Administrative Agent shall have been notified by any Lender prior to the applicable Credit Date that such Lender does not intend to make available to Administrative Agent the amount of such Lender’s Loan requested on such Credit Date, Administrative Agent may assume that such Lender has made such amount available to Administrative Agent on such Credit Date and Administrative Agent may, in its sole discretion, but shall not be obligated to, make available to Borrower a corresponding amount on such Credit Date. If such corresponding amount is not in fact made available to Administrative Agent by such Lender, Administrative Agent shall be entitled to recover such corresponding amount on demand from such Lender together with interest thereon, for each day from such Credit Date until the date such amount is paid to Administrative Agent, at the customary rate set by Administrative Agent for the correction of errors among banks for three Business Days and thereafter at the Base Rate. If such Lender does not pay such corresponding amount forthwith upon Administrative Agent’s demand therefor, Administrative Agent shall promptly notify Borrower and Borrower shall immediately pay such corresponding amount to Administrative Agent together with interest thereon, for each day from such Credit Date until the date such amount is paid to Administrative Agent, at the rate payable hereunder for Base Rate Loans for such Class of Loans. Nothing in this Section 2.5(b) shall be deemed to relieve any Lender from its obligation to fulfill its Term Loan Commitments and Revolving Commitments hereunder or to prejudice any rights that Borrower may have against any Lender as a result of any default by such Lender hereunder.

  • AVAILABILITY OF AGREEMENT The employer must ensure that copies of this Agreement and the NES are available to all employees to whom they apply, such as on a notice board which is conveniently located at or near the workplace or through electronic means, whichever makes them more accessible. PART 2 - ENGAGEMENT

  • Availability of Service We will use reasonable efforts to make the Service available for your use on a continuous basis. The Service may be unavailable for short periods of time for regular or emergency system maintenance. We will endeavor to have our scheduled maintenance occur during non-peak hours. In addition, accessibility to the Service may be interrupted because of conditions beyond our control, including outages in Internet, cellular or other communications availability. We will use diligent efforts to re-establish the Services as promptly as possible. We do not promise the Service will always be available for your use. We may elect to discontinue this Service at any time. If we choose to discontinue the Service, we will provide you with reasonable notice in advance of that fact. We reserve the right at all times to take actions to protect our systems and information, including denial of access to users of the Service.

  • Availability of Records Consultant shall maintain the records supporting this billing for not less than three years following completion of the work under this Agreement. Consultant shall make these records available to authorized personnel of the Town at the Consultant's offices during business hours upon written request of the Town.

  • Product Availability Under no circumstances shall Company be responsible to Representative or anyone else for its failure to fill accepted orders, or for its delay in filling accepted orders, when such failure or delay is due to strike, accident, labor trouble, acts of nature, freight embargo, war, civil disturbance, vendor problems or any cause beyond Company's reasonable control.

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