Common use of PERPETUAL ACCESS AND USE Clause in Contracts

PERPETUAL ACCESS AND USE. For as long as SAGE provides a service of hosting the Product(s) on its platform, and subject to payment by Customer of all Fees due under the Agreement and this Exhibit, Customer, the Institutions (if applicable) and Authorized Users shall have unlimited perpetual access to the Product(s), 24 hours/day, seven days/week subject to the terms of the Agreement and this Exhibit (the “Hosting Service”). Notwithstanding the foregoing, SAGE reserves the right to interrupt the Hosting Service without prior notice to resolve any technical issues that may arise at any time as determined in SAGE’s sole and absolute discretion. Customer’s use of the Product(s) shall be subject to the terms of the Agreement and this Exhibit. SAGE shall have the right at any time as determined in its sole discretion to cease providing the Hosting Service. In the event SAGE elects to cease providing the Hosting Service, Customer shall have the right to self-host the Product(s) or engage a third party at no cost to SAGE to host the Product(s) in which case upon written request by Customer, SAGE shall supply Customer with a digital copy of the Product(s)’ content in a form and format designated by SAGE. Customer acknowledges and agrees that in the event of such self-hosting or third-party hosting, Customer’s perpetual use of the Product(s) shall continue to be governed by the terms of the Agreement.

Appears in 3 contracts

Sources: Access Agreement, Access Agreement, Access Agreement

PERPETUAL ACCESS AND USE. For as long as SAGE provides a service of hosting the Product(s) on its platform, and subject to payment by Customer of all Fees due under the Agreement and this Exhibit, Customer, the Institutions (if applicable) and Authorized Users shall have unlimited perpetual access to the Product(s), 24 hours/day, seven days/week subject to the terms of the Agreement and this Exhibit (the “Hosting Service”). Notwithstanding the foregoing, SAGE reserves the right to interrupt the Hosting Service without prior notice to resolve any technical issues that may arise at any time as determined in SAGE’s sole and absolute discretion. Customer’s use of the Product(s) shall be subject to the terms of the Agreement and this Exhibit. SAGE shall have the right at any time as determined in its sole discretion to cease providing the Hosting Service. In the event SAGE elects to cease providing the Hosting Service, Customer SAGE shall ensure that Purchaser has access to the Content by making arrangements for the Purchaser to have access to the right to self-host the Product(s) or engage Content via a third party at no cost archiving organization such as Portico, LOCKSS or the Royal Dutch Library or by providing the Content in PDF format for the Purchaser to SAGE to host the Product(s) in which case upon written request by Customer, SAGE shall supply Customer with a digital copy of the Product(s)’ content in a form and format designated by SAGE. locally host.Customer acknowledges and agrees that in the event of such self-hosting or third-party hosting, Customer’s perpetual use of the Product(s) shall continue to be governed by the terms of the Agreement.

Appears in 1 contract

Sources: Access Agreement