Eligibility of Software Sample Clauses

Eligibility of Software. Software shall be eligible for Services under this Agreement so long as (i) the Software meets Xxxxxx’s specified Minimum Revision Level (as defined in Paragraph 1.3), (ii) the Software is unmodified by Customer unless done so at the express direction of Corero; and (iii) the Software was purchased from Corero or one of Authorized Partners and the purchase is covered by a valid software license agreement between Customer and Corero. Where Customer does not renew Services in respect of any Software, for a period greater than sixty (60) days, Corero shall only reinstate such after review and written approval and only after all fees have been paid by Customer.
Sample 1Sample 2
AutoNDA by SimpleDocs
Eligibility of Software. Maintenance and Support will not include services requested as a result of, or with respect to, (i) improper installation by Customer or use of the Software that deviates from any operating procedures established by CrossWorlds in the applicable Documentation, (ii) attempted or actual modification, alteration, additions or extensions to or of the Software by Customer or any third party (except for modifications, alterations, additions or extensions to or of the Software permitted in writing by CrossWorlds), (iii) accident, electrical failure, or failure of air conditioning or humidity control, (iv) any version of the Software more than one Update prior to the currently commercially available Update of the Software so long as CrossWorlds timely provided each of the Updates; (v) failure to incorporate an Update previously released and provided by CrossWorlds and (vi) any portion(s) of the Software customized by CrossWorlds, Customer or a Third Party Consultant for Customer's use. 7.4. Responsibilities of Customer. CrossWorlds' provision of Maintenance and Support to Customer is subject to (and if Customer employs a Third Party Consultant as described in Section 2.7, such Third Party Consultant's compliance with) the following:
Sample 1Sample 2
Eligibility of Software. Maintenance and Support will not include services ----------------------- requested as a result of, or with respect to, the following, and any services requested as a result thereof will be billed to Customer at Numerical Technologies' then-current rates:
Sample 1Sample 2
Eligibility of Software. Maintenance and Support will not include services requested as a result of, or with respect to, the following, and any services requested as a result thereof will be billed to Customer at Denodo’s then-current rates: i accident; unusual physical, electrical or electromagnetic stress; neglect; misuse; failure of electric power, air condition¬ing or humidity control; failure of rotation media not furnished by Denodo; operation of the Software with other media not meeting or not maintained in accordance with the manufacturer’s specifications; or causes other than ordinary use; ii improper installation by Customer or use of the Software that deviates from any operating procedures established by Denodo in the applicable Documentation; iii modification, alteration or addition or attempted modification, alteration or addition of the Software undertaken by persons other than Denodo or Denodo’s authorized representatives; or iv software or technology of any party other than Denodo.
Sample 1
Eligibility of Software. Maintenance and Support will not include services requested as a result of, or concerning, the following:
Sample 1
Eligibility of Software. Linuxcare Services shall not include services ----------------------- requested as a result of, or with respect to, the following, and any such services if provided by Linuxcare shall be provided (if at all) as part of a separate Linuxcare Professional Services contract:
Sample 1
Eligibility of Software. Maintenance and Support will not include services requested as a result of, or with respect to, the following (except to the extent caused by TNT), and any services requested as a result thereof will be billed to TNC at a rate of two hundred forty percent (240%) of the applicable hourly fee, pay, wage, or salary of the employee performing such services, plus out-of-pocket expenses associated therewith; provided, however, that if such services are performed by a consultant of TNT, such rate shall be one hundred twenty percent (120%) of the applicable hourly fee of such consultant:
Sample 1
AutoNDA by SimpleDocs

Related to Eligibility of Software

  • Exclusivity of Services The Subadviser shall devote its best efforts and such time as it deems necessary to provide prompt and expert service to Client and the Fund. The services of Subadviser to be provided hereunder are not to be deemed exclusive and Subadviser shall be free to provide similar services for its own account and the accounts of other persons and to receive compensation for such services. Client acknowledges that Subadviser and its Affiliates and Subadviser's other clients may at any time, have, acquire, increase, decrease or dispose of positions in the same investments which are at the same time being held, acquired for or disposed of under this Agreement for the Fund. Subadviser shall have no obligation to acquire or dispose of a position in any investment pursuant to this Agreement simply because Subadviser, its directors, members, Affiliates or employees invest in such a position for its or their own accounts or for the account of another client.

  • Quality of Service Contractor shall perform its services with care, skill, and diligence, in accordance with the applicable professional standards currently recognized by such profession, and shall be responsible for the professional quality, technical accuracy, completeness, and coordination of all reports, designs, drawings, plans, information, specifications, and/or other items and services furnished under this Agreement. Contractor shall, without additional compensation, correct or revise any errors or deficiencies immediately upon discovery in its reports, drawings, specifications, designs, and/or other related items or services.

  • Quality of Services (a) The Consultant shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished pursuant to this Agreement.

  • Continuity of Services A. The Contractor recognizes that the service(s) to be performed under this Contract are vital to the State and must be continued without interruption and that, upon Contract expiration, a successor, either the State or another contractor, may continue them. The Contractor agrees to:

  • Company Software “Company Software” shall mean any software (including software development tools and software embedded in hardware devices, and all updates, upgrades, releases, enhancements and bug fixes) owned, developed (or currently being developed), used, marketed, distributed, licensed or sold by an Acquired Corporation at any time (other than non-customized third-party software that is not incorporated into any Company Product and is licensed to an Acquired Corporation solely in object code form and solely for internal use on a non-exclusive basis).

  • Third Party Software 1. The Software may contain third party software that requires and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions are located at xxxx://xxx.xxxxxxxxx.xxx/thirdparty/index.html and are made a part of and incorporated by reference into this XXXX. By accepting this XXXX, You are also accepting the additional terms and conditions, if any, set forth therein.

  • Non-Exclusivity of Services The Manager is free to act for its own account and to provide investment management services to others. The Fund acknowledges that the Manager and its officers and employees, and the Manager's other funds, may at any time have, acquire, increase, decrease or dispose of positions in the same investments which are at the same time being held, acquired or disposed of under this Agreement for the Fund. Neither the Manager nor any of its officers or employees shall have any obligation to effect a transaction under this Agreement simply because such a transaction is effected for his or its own account or for the account of another fund. Fund agrees that the Manager may refrain from providing any advice or services concerning securities of companies for which any officers, directors, partners or employees of the Manager or any of the Manager's affiliates act as financial adviser, investment manager or in any capacity that the Manager deems confidential, unless the Manager determines in its sole discretion that it may appropriately do so. The Fund appreciates that, for good commercial and legal reasons, material nonpublic information which becomes available to affiliates of the Manager through these relationships cannot be passed on to Fund.

Time is Money Join Law Insider Premium to draft better contracts faster.