Common use of Service and System Control Clause in Contracts

Service and System Control. Except as otherwise expressly provided in this Agreement, as between the parties: (a) Provider has and will retain sole control over the operation, provision, maintenance, and management of the Provider Materials; and (b) Customer has and will retain sole control over the operation, maintenance, and management of, and all access to and use of, the Customer Systems, and sole responsibility for all access to and use of the Provider Materials by any Person by or through the Customer Systems or any other means controlled by Customer or any Authorized User, including any: (i) information, instructions, or materials provided by any of them to the Services or Provider; (ii) results obtained from any use of the Services or Provider Materials; and (iii) conclusions, decisions, or actions based on such use. Notwithstanding anything to the contrary in this Agreement, all Services, including all Processing of Customer Data by or on behalf of Provider shall be provided solely from within, and on computers, systems, networks, and other infrastructure located in, the United States and/or the European Union.

Appears in 1 contract

Sources: Terms of Service

Service and System Control. Except as otherwise expressly provided in this Agreement, as between the parties: (: a) Provider has and will retain sole control over the operation, provision, maintenance, and management of the Provider Materials; and (and b) Customer Subscriber has and will retain sole control over the operation, maintenance, and management of, and all access to and use of, the Customer Subscriber Systems, and sole responsibility for all access to and use of the Provider Materials by any Person by or through the Customer Subscriber Systems or any other means controlled by Customer Subscriber or any Authorized User, including any: (i) information, instructions, or materials provided by any of them to the Services or Provider; (ii) results obtained from any use of the Services or Provider Materials; and (iii) conclusions, decisions, or actions based on such use. Notwithstanding anything to the contrary in this Agreement, all Services, including all Processing of Customer Data by or on behalf of Provider shall be provided solely from within, and on computers, systems, networks, and other infrastructure located in, the United States and/or the European Union.

Appears in 1 contract

Sources: Software as a Service Agreement

Service and System Control. Except as otherwise expressly provided in this Agreement, as between the partiesParties: (ai) Provider has and will retain sole control over the operation, provision, maintenance, and management of the Services, Documentation and Provider MaterialsSystems; and (bii) Customer has and will retain sole control over the operation, maintenance, and management of, and all access to and use of, the Customer Systems, and sole responsibility for all access to and use of the Services, Documentation and Provider Materials Systems by any Person by or through the Customer Systems or any other means controlled by Customer or any Authorized User, including any: (i) information, instructions, or materials provided by any of them to the Services or Provider; (ii) results obtained from any use of the Services Services, Documentation or Provider MaterialsSystem; and (iii) conclusions, decisions, or actions based on such use. Notwithstanding anything to the contrary in this Agreement, all Services, including all Processing of Customer Data by or on behalf of Provider shall be provided solely from within, and on computers, systems, networks, and other infrastructure located in, the United States and/or the European Union.

Appears in 1 contract

Sources: Cloud Services Agreement

Service and System Control. Except as otherwise expressly provided in this Agreement, as between the parties: (a) Provider has and will retain sole control over the operation, provision, maintenance, and management of the Provider Materials; and (b) Customer has and will retain sole control over the operation, maintenance, and management of, and all access to and use of, the Customer Systems, and sole responsibility for all access to and use of the Provider Materials by any Person by or through the Customer Systems or any other means controlled by Customer or any Authorized User, including any: (i) information, instructions, or materials provided by any of them to the Services or Provider; (ii) results obtained from any use of the Services or Provider Materials; and (iii) conclusions, decisions, or actions based on such use. . (c) Notwithstanding anything to the contrary in this Agreement, all Services, including all Processing of Customer Data by or on behalf of Provider shall be provided solely from within, and on computers, systems, networks, and other infrastructure located in, the United States and/or the European UnionStates.

Appears in 1 contract

Sources: Software as a Service Agreement