Formz xyz absolute software#
Any and all additional services, consultancy or support provided or to be provided by XYZ to Customer shall be subject to further agreement and (if agreed) at additional fees.Ģ.2 Subject to Customer paying the Fees and otherwise subject to these Conditions, XYZ hereby grants to Customer the right to permit and enable an unlimited number of Authorised Users to use the Services during the Term solely for the Licensed Purpose.Ģ.3 Customer agrees and acknowledges that all Software-based features and functionality provided by XYZ pursuant to the provision of the Services shall be made available as a cloud-based service in respect of which Customer shall: (a) have no access to (or right to receive or use copies of) any such Software (b) have no right to develop, configure or otherwise require modifications to such Software or any underlying or supporting systems or networks operated by XYZ and (c) be obliged to accept any and all upgrades, bug fixes, security updates, or other developments of modifications to such Software as reasonably required by XYZ (provided that the core features and functionality of the Services are not thereby materially degraded or diminished).Ģ.4 The rights provided under this clause are granted to Customer only, and shall not be granted to any subsidiary or holding company of Customer or to any other person or entity.ģ.1 Customer shall not, in the course of the use of the Services (whether or not such use is authorised by it or carried out by any Authorised User, and whether or not intentionally), access, store, distribute or transmit: (a) any Viruses or (b) any material that: is unlawful, harmful, infringing or is otherwise illegal or causes damage or injury to any person or property or breaches the Data Protection Legislation. Customer shall immediately notify XYZ of any damage or loss to the Products, and shall indemnify XYZ in respect of all such damage or loss.Ģ.1 In consideration for payment of the Fees, XYZ shall provide the Services during Business Hours, and otherwise on and subject to these Conditions. Customer shall not remove any proprietary trade marks or other notices of XYZ from the Products. Customer shall keep and maintain the Products securely and at ambient operating temperatures, and otherwise shall ensure that the Products are kept in good condition at all times.
Title in the Products shall remain with XYZ at all times and shall not in any circumstances pass to Customer. Time of delivery shall not be of the essence of the Contract.ġ.4 Risk in the Products shall pass to Customer on completion of delivery. XYZ shall deliver during the Business Hours unless otherwise agreed between the parties.
Formz xyz absolute free#
1.1 XYZ warrants that the Products: (a) shall be free from Product Defects and (b) (save to the extent notified to Customer in writing on or before delivery and subject to clause 2.2) comply with all applicable regulatory requirements in the United Kingdom relating to their manufacture and use.ġ.2 Save in respect of death or personal injury due to a Product Defect or in respect of fraud, Customer’s sole remedy in respect of any Product Defect shall be a right to receive a repaired or replacement Product and/or (to the extent and for such time as a repaired or replacement Product is unavailable) a refund in whole or part of the Fees.ġ.3 XYZ shall use reasonable endeavours to deliver the Products specified hereunder on or before the date specified for delivery, and at the address for delivery, as set out in the Order Form.
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