Provision of Software. Reveal shall, during the Term, provide the Software to the Customer on and subject to the terms of this Agreement, substantially in accordance with the Documentation and with reasonable skill and care. Reveal shall use commercially reasonable endeavours to make the Software available 24 hours a day, seven days a week, except for: planned maintenance carried out during the maintenance window which will be notified to the Customer in advance; or emergency maintenance, the execution of which does not allow time for prior notice. Reveal’s obligations at paragraph 2.1 shall not apply to the extent of any non-conformance which is caused by use of the Software contrary to Reveal’s instructions, or modification or alteration of the Software by any party other than Reveal or Reveal’s duly authorised contractors or agents. If the Software does not conform with the terms of paragraph 2.1, Reveal will, at its expense, use reasonable commercial endeavours to correct any such non-conformance promptly. Such correction constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in paragraph 2.1. Reveal warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this Schedule 3. Reveal: does not warrant that:
Appears in 5 contracts
Sources: Master Services Agreement, Master Services Agreement, Master Services Agreement
Provision of Software. Reveal shall, during the Term, provide the Software to the Customer on and subject to the terms of this Agreement, substantially in accordance with the Documentation and with reasonable skill and care. Reveal shall use commercially reasonable endeavours endeavors to make the Software available 24 hours a day, seven days a week, except for: planned maintenance carried out during the maintenance window which will be notified to the Customer in advance; or emergency maintenance, the execution of which does not allow time for prior notice. Reveal’s obligations at paragraph 2.1 shall not apply to the extent of any non-conformance which is caused by use of the Software contrary to Reveal’s instructions, or modification or alteration of the Software by any party other than Reveal or Reveal’s duly authorised authorized contractors or agents. If the Software does not conform with the terms of paragraph 2.1, Reveal will, at its expense, use reasonable commercial endeavours endeavors to correct any such non-conformance promptly. Such correction constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in paragraph 2.1. Reveal warrants that it has and will maintain all necessary licenceslicenses, consents, and permissions necessary for the performance of its obligations under this Schedule 3. Reveal: does not warrant that:
Appears in 2 contracts
Sources: Master Services Agreement, Master Services Agreement