Common use of SUPPORT AND OTHER SERVICES Clause in Contracts

SUPPORT AND OTHER SERVICES. 5.1. Spacelabs will provide Customer with one copy of the then-current standard documentation for the Subscription Services and the Software (the “Documentation”). Customer may make one copy of the Documentation for each Authorized User. Except as provided in this Section or as otherwise required by law, Customer may not copy the Software, Documentation, or any other Confidential Information (as defined below) of Spacelabs in whole or in part. 5.2. Spacelabs will use commercially reasonable efforts to provide the Subscription Services 24 hours a day, seven days a week, except for: (i) planned maintenance; (ii) unscheduled maintenance necessary for the proper functioning of the Subscription Services; and (iii) any unavailability caused by circumstances beyond Spacelabs’ reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem (other than one involving Spacelabs employees), internet service provider failure or delay, or denial of service attack. 5.3. Spacelabs will use commercially reasonable security technologies in providing the Subscription Services. Where Spacelabs hosts Customer Data, will retain Customer Data on a secure server and maintain data recovery and data backup facilities in accordance with accepted industry practices. 5.4. Customer acknowledges and agrees that Customer's use of the Subscription Services is subject to all applicable laws and regulations. Customer acknowledges and agrees that the reliability, availability, integrity, and performance of resources accessed through the internet or other services connected to the Subscription Services are beyond the control of Spacelabs and are not warranted or supported by Spacelabs. 5.5. Spacelabs may change the Subscription Services at any time. If such changes to the Subscription Services materially diminish the functionality of the Subscription Services, Customer will have the right to terminate the subscription for the Subscription Services by providing written notice to Spacelabs within 10 days of the changes and will receive a prorated refund of the fees paid by Customer for such Subscription Services for the remainder of the subscription term. The termination right and refund described herein is Customer’s sole and exclusive remedy for Spacelabs’ change to the Subscription Services.

Appears in 1 contract

Sources: Subscription Agreement

SUPPORT AND OTHER SERVICES. 5.1. Spacelabs will provide Customer with one copy of the then-current standard documentation for the Subscription Services and the Software (the “Documentation”). Customer may make one copy of the Documentation for each Authorized Useruser. Except as provided in this Section or as otherwise required by law, Customer may not copy the Software, Documentation, or any other Confidential Information (as defined below) of Spacelabs in whole or in part. 5.2. Spacelabs will use commercially reasonable efforts to provide the Subscription Services 24 hours a day, seven days a week, except for: (i) planned maintenance; (ii) unscheduled maintenance necessary for the proper functioning of the Subscription Services; and (iii) any unavailability caused by circumstances beyond Spacelabs’ reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem (other than one involving Spacelabs employees), internet service provider failure or delay, or denial of service attack. 5.3. Spacelabs will use commercially reasonable security technologies in providing the Subscription Services. Where Spacelabs hosts Customer Data, will retain Customer Data on a secure server and maintain data recovery and data backup facilities in accordance with accepted industry practices. 5.4. Customer acknowledges and agrees that Customer▇▇▇▇▇▇▇▇'s use of the Subscription Services is subject to all applicable laws and regulations. Customer acknowledges and agrees that the reliability, availability, integrity, and performance of resources accessed through the internet or other services connected to the Subscription Services are beyond the control of Spacelabs and are not warranted or supported by Spacelabs. 5.5. Spacelabs may change the Subscription Services at any time. If such changes to the Subscription Services materially diminish the functionality of the Subscription Services, Customer will have the right to terminate the subscription for the Subscription Services by providing written notice to Spacelabs within 10 days of the changes and will receive a prorated refund of the fees paid by Customer for such Subscription Services for the remainder of the subscription term. The termination right and refund described herein is Customer’s sole and exclusive remedy for Spacelabs’ change to the Subscription Services.

Appears in 1 contract

Sources: Subscription Agreement