Software Availability Sample Clauses
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Software Availability. The hosted elements of the Services will be available for remote access 99.5% of the time each calendar month of the Term, excluding Excused Outages (as defined below) (“Availability”). Company will attempt to schedule any planned maintenance or upgrades at times when usage of the Services is typically low, and will attempt to communicate any outages associated with planned maintenance or upgrades to its customers in advance via email or through notifications within the Services. Downtime as a result of any causes beyond the control of Company or that are not reasonably foreseeable by Company, including, without limitation, any of the causes noted below, are excluded from the Availability calculations (collectively, “Excused Outages”):
a. Customer environment issues affecting connectivity or interfering with the Services, including without limitation, Customer’s telecommunications connection or any other Customer software or equipment, Customer’s firewall software, hardware or security settings, Customer’s configuration of anti-virus software or anti-spyware or malware software, or operator error of Customer;
b. Any third-party software, hardware, or telecommunication failures, including Internet slow- downs or failures;
i. Force majeure events including, without limitation fire, flood, earthquake, elements of nature or acts of God; third party labor disruptions, acts of war, terrorism, riots, civil disorders, rebellions or revolutions; quarantines, embargoes and other similar governmental action; catastrophic or unusual internet delays, denial of services attacks, or other hacking activities; or any other similar cause beyond the reasonable control of Company;
ii. Issues related to third party domain name system (DNS) errors or failures; and
iii. Emergency maintenance of the Services, for which Customer may not receive advanced notice. In the event Company fails to achieve the Availability requirement, Company will use commercially reasonable efforts to correct the interruption as promptly as practicable.
Software Availability. Where Software Availability falls below ninety-nine percent (99%) in a given month (e.g., 10,237.5 minutes on average) during operating business hours, a minimum credit of $250 will be provided to City. For each increment of time amounting to over 630 minutes (one day = 60 minutes X 10.5 hours) of unavailable time (e.g., 10,231.65 – 630 = 9,601.65 for second increment), an additional credit of $250 will be provided to the City. It is understood by Parties that $250 is roughly equivalent to the daily value of this Agreement’s price, based on annual maintenance fees and business work days. For example:
Software Availability. 11.1. Liveminds provides access to the Software on an as-is basis. Liveminds shall make commercially reasonable efforts to maintain servers and maximise uptime; provided, however, Liveminds makes no representations or warranties regarding Software availability, nor shall Liveminds be responsible for acts outside its control that cause downtime, including, but not limited to, acts of God, strikes, power shortages and rolling blackouts, wars, natural disasters and the inability to obtain labour or materials on a timely basis. In the event the Software is unavailable or inoperative, Liveminds shall make commercially reasonable efforts to provide a back-up or alternate server. Liveminds shall maintain the Software and associated documents and user information in a secure environment and exercise a standard of care customary in the industry.
Software Availability. Each Software Component of the System must be available to users during the entire Business Operations Window. The maximum allowable downtime for any Software Component shall be 10 minutes per day during the Business Operations Window. Service Credits: Should any Software Component not be available for more than 10 minutes per day Contractor will credit State’s account 5% of the Monthly Fee for each day where a Software Component is unavailable for more than 10 minutes per day during the Business Operations Window, up to 100% of the State’s Monthly Fee.
Software Availability. Whilst We intends that the Software should be available 24 hours a day, seven days a week; it is possible that on occasion it may be unavailable to permit maintenance or other development activity to take place (see the Service Level Agreement for more detail). If for any reason we have to interrupt the Software for longer periods than we would normally expect, we will use reasonable endeavors to publish in advance details of such activity on the Website.
Software Availability. Subject to Performance Exclusions as defined in Section 3.5(b) of this Agreement, Consultant shall assure that Consultant Software is available to City to perform Critical Business Functions* ninety-nine percent of the time during operating business hours, pursuant to the following formula:
Software Availability. The Services shall be available 99.9%, measured monthly, excluding holidays and weekends and scheduled maintenance. If Customer requests maintenance during these hours, any uptime or downtime calculation will exclude periods affected by such maintenance. Further, any downtime resulting from outages of third-party connections or utilities or other reasons beyond AuditBoard’s control will also be excluded from any such calculation. Customer's sole and exclusive remedy, and AuditBoard’s entire liability, in connection with Service availability shall be that for each period of downtime lasting longer than one hour, AuditBoard will credit Customer 1/365 of the Annual Fee for the relevant product(s) set forth in the applicable Order; provided that no more than one such credit will accrue per day. Downtime shall begin to accrue as soon as Customer (with notice to AuditBoard) recognizes that downtime is taking place, and continues until the availability of the Service is restored. In order to receive downtime credit, Customer must notify AuditBoard in writing within 24 hours from the time of downtime, and failure to provide such notice will forfeit the right to receive downtime credit. Such credits may not be redeemed for cash and shall not be cumulative beyond a total of credits for one (1) week of fees for the applicable product(s) in any one (1) calendar month in any event. AuditBoard’s blocking of data communications or other Service in accordance with its policies shall not be deemed to be a failure of AuditBoard to provide adequate service levels under this Agreement.
Software Availability. Software availability means that the Software is available for access by City via http or https links at the outermost point of CFI’s network infrastructure.
Software Availability. All software will be made available to the Buyer in both a hard coded (firmware EPROM, etc.) and a soft coded copy (diskette, tape, etc.) as deemed necessary by the Buyer for the particular application.
Software Availability. 4.1 We will make commercially reasonable efforts to ensure the Software (excluding any Third Party Applications) is Available each calendar month 24 hours a day 7 days a week for at least 99.9% of the time. Availability is measured based on the monthly average of Availability, rounded down to the nearest minute (“Availability Average”).
4.2 Availability Average for each calendar month is calculated as follows:
4.3 Av ailability Average