Termination of the Subscription. 11.5.1. Where the Customer has not paid the Subscription fee as stipulated in the relevant Schedule of this Agreement and in the event of termination of this Agreement, the Customer will not benefit from the Subscription. In the event of non-payment of any renewal fee, and where the Subscription has already been activated in the Customer's FLEXCEL NX System, Miraclon has the right to cancel the Subscription provided that Miraclon has notified the Customer of the non-payment, and the Customer has failed to cure it within thirty (30) days from the notification. Subscription auto renews monthly starting from the end of the Commitment Period. Should the Customer not want to renew the Subscription, the Customer may give Miraclon at least thirty (30) days prior written notice before the end of the Commitment Period. In the event of Subscription cancellation, Customer is responsible for saving and keeping all prepress files which are necessary to remake plates (without changes) after the Subscription becomes deactivated. If the Customer subsequently re-activates the cancelled subscription, Miraclon reserves the right to charge a reactivation service fee. 11.5.2. Without prejudice to the foregoing, the Customer acknowledges that access by its personnel or third parties, for any reason and under any circumstances, to the Software functionalities using credentials reserved for Miraclon and its Certified Personnel constitutes a serious breach of this Agreement. Such a violation entitles Miraclon to immediately terminate the Agreement without prior notice and to take any necessary actions to protect its rights, including the right to claim compensation for damages incurred. 11.5.3. In the event of the use of Non-Certified Consumables by the Customer, Miraclon reserves the ▇▇▇.▇▇ to terminate the subscription without prior notice.
Appears in 3 contracts
Sources: Customer Agreement for Goods and Services, Customer Agreement for Goods and Services, Customer Agreement for Goods and Services
Termination of the Subscription. 11.5.110.5.1. Where the Customer has not paid the Subscription fee as stipulated in the relevant Schedule of this Agreement and in the event of termination of this Agreement, the Customer will not benefit from the Subscription. In the event of non-payment of any renewal fee, and where the Subscription has already been activated in the Customer's FLEXCEL NX System, Miraclon has the right to cancel the Subscription provided that Miraclon has notified the Customer of the non-payment, and the Customer has failed to cure it within thirty (30) days from the notification. Subscription auto renews monthly starting from the end of the Commitment Period. Should the Customer not want to renew the Subscription, the Customer may give Miraclon at least thirty (30) days prior written notice before the end of the Commitment Period. In the event of Subscription cancellation, Customer is responsible for saving and keeping all prepress files which are necessary to remake plates (without changes) after the Subscription becomes deactivated. If the Customer subsequently re-activates the cancelled subscription, Miraclon reserves the right to charge a reactivation service fee.
11.5.210.5.2. Without prejudice to the foregoing, the Customer acknowledges that access by its personnel or third parties, for any reason and under any circumstances, to the Software functionalities using credentials reserved for Miraclon and its Certified Personnel constitutes a serious breach of this Agreement. Such a violation entitles Miraclon to immediately terminate the Agreement without prior notice and to take any necessary actions to protect its rights, including the right to claim compensation for damages incurred.
11.5.310.5.3. In the event of the use of Non-Certified Consumables by the Customer, Miraclon reserves the ▇▇▇.▇▇ to terminate the subscription without prior notice.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Termination of the Subscription. 11.5.110.5.1. Where the Customer has not paid the Subscription fee as stipulated in the relevant Schedule of this Agreement and in the event of termination of this Agreement, the Customer will not benefit from the Subscription. In the event of non-payment of any renewal fee, and where the Subscription has already been activated in the Customer's FLEXCEL NX System, Miraclon has the right to cancel the Subscription provided that Miraclon has notified the Customer of the non-payment, and the Customer has failed to cure it within thirty (30) days from the notification. Subscription auto renews monthly starting from the end of the Commitment Period. Should the Customer not want to renew the Subscription, the Customer may give Miraclon at least thirty (30) days prior written notice before the end of the Commitment Period. In the event of Subscription cancellation, Customer is responsible for saving and keeping all prepress files which are necessary to remake plates (without changes) after the Subscription becomes deactivated. If the Customer subsequently re-activates the cancelled subscription, Miraclon reserves the right to charge a reactivation service fee.
11.5.210.5.2. Without prejudice to the foregoing, the Customer acknowledges that access by its personnel or third parties, for any reason and under any circumstances, to the Software functionalities using credentials reserved for Miraclon and its Certified Personnel constitutes a serious breach of this Agreement. Such a violation entitles Miraclon to immediately terminate the Agreement without prior notice and to take any necessary actions to protect its rights, including the right to claim compensation for damages incurred.incurred.
11.5.310.5.3. In the event of the use of Non-Certified Consumables by the Customer, Miraclon reserves the ▇▇▇.▇▇ to terminate the subscription without prior notice.
Appears in 1 contract
Sources: Lease Agreement