Common use of The Service and Licences Clause in Contracts

The Service and Licences. 2.1 The Service 2.1.1 Zensai makes the Service available to the Customer pursuant to this SAAS Agreement and the Quote for each Subscription Period. The Service is purchased on a Subscription basis and may be accessed only by Users equal to the number of User Licenses purchased under the Quote. Zensai is entitled to refuse any order placed by the Customer. 2.1.2 With the Service, the Customer may purchase user rights to Third-Party Solutions which interoperate with Zensai Services. However, except as may be set forth in Zensai Reseller Terms, the Customer’s access and use of such Third- Party Solutions is solely subject to the Customer Terms between the applicable Third-Party Provider and Customer, and the terms and conditions set forth herein with respect to the access and use of Zensai Services (including all associated support obligations, representations, warranties, and indemnities) do not apply with respect to such Third- Party Solutions. 2.1.3 The Service is offered as a standard generic software, and the Service will perform materially in accordance with the applicable User Guides under normal use and circumstances but, otherwise, the Service is provided “as is” without any specific or implied warranties of any kind, and the Subscription is not contingent on the delivery of any future functionality or feature. Zensai does not take any responsibility for the Customer’s customizing of the Service. Zensai shall ensure that the Service uptime is in accordance with good industry practice for hosting a professional internet- based software as a service. 2.1.4 Zensai will provide updates and upgrades at its discretion, and the downtime shall be minimum considering the contents of the version update. The Customer must subscribe for an SLA which defines the Support Services offered with the Service.