Service Agreement Software
c. Licensee is responsible for all sales or use taxes or other fees levied by federal, state, local or other governmental entities in connection with the Services provided under this Agreement and the property provided. In the formula above, "x" is the percentage of availability, "n" is the total number of hours in a given calendar quarter, and "y" is the total number of hours during which service is not available in a given calendar quarter. Are expressly excluded from "n" and "y" and excluded from the calculation as a percentage of the operating time provided herein planned and emergency maintenance and downtime due to force majeure as defined in the Contract. "y" (i) is expressly excluded from problems with hardware, software and other devices provided by customer; (ii) the use of unauthorized or modified hardware or software; and (iii) problems arising from the misuse of the Services by Customer, its employees, agents or subcontractors; and (iv) issues related to text messages or booking on Google services. One. InLoox is committed to providing a web-based service to remedy defects and eliminate errors in the software ("Service"). It provides the Service by replacing the Software or taking other steps it deems appropriate to remedy defects or bugs, provided that Licensee has notified InLoox immediately after discovery of the error or defect. b. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, performance, interpretation or validity of this Agreement, including the determination of the scope or applicability of this Agreement to arbitration, shall be resolved by arbitration in San Francisco, California, before one or more arbitrators. The arbitration shall be administered by JAMS in accordance with its full arbitration rules and procedures and in accordance with the expedited procedures of these Rules. The judgment on the award may be entered in any court of competent jurisdiction.
This clause does not prevent the parties from seeking interim measures before a court of competent jurisdiction in support of the arbitration. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, performance, interpretation or validity of this Agreement, including the determination of the scope or applicability of this Agreement to arbitration, shall be resolved by arbitration in San Francisco, California, before one or more arbitrators. The arbitration shall be administered by JAMS in accordance with its full arbitration rules and procedures and in accordance with the expedited procedures of these Rules. The judgment on the award may be entered in any court of competent jurisdiction. This clause does not prevent the parties from seeking interim measures before a court of competent jurisdiction in support of the arbitration. Service(s) means remote access to the Product for the period specified in this Agreement and/or any Purchase Order attached to this Agreement. Services may also include all professional services ordered through an order form; No verbal ancillary agreement was reached. Changes and additions to this agreement require the text form and express confirmation by InLoox in text form. The same applies to the annulment of that textual clause. 14.13 Use by the U.S. Government. N-able`s services, software and documentation have been developed solely at private expense and constitute a "commercial item" within the meaning of the Federal Acquisition Regulations ("FAR") 2.101, and any supplements are provided with no more RESTRICTED RIGHTS.
These services, software, documentation and related materials include "commercial computer software", "commercial computer software" and commercial technical data as defined in applicable procurement regulations, including FAR 2.101 and FAR Part 12. Use, duplication, release, modification, transmission or disclosure ("Use") of the Services, Software and Documentation is limited by this Agreement and in accordance with Section 227.7202 of the Defense Federal Acquisition Regulation Supplement ("DFARS") and Section 12.212 of the FAR, and the Services, Software and Documentation are (i) licensed solely as commercial items and (ii) only with the rights, commercial end users are granted in accordance with this Agreement. This use is further restricted by FAR 52.227-14, 252.227-7015 or similar acquisition provisions as amended from time to time. Except as described herein, any other use is prohibited. This section supersedes and supersedes all other FAR, DFARS, or other provisions relating to government rights under this Agreement or any other agreement under which the Services, Software, or Documentation are acquired or licensed. .