by executing the order form, engageware and customer hereby agree to be bound by the terms and conditions of this agreement. 2.3 customer shall own all right, title and interest in and to the customer content and customer does not grant engageware any right, title or interest in such customer content except as necessary for engageware to perform its obligations hereunder. if any such taxes are levied or imposed on any of the transactions arising from this agreement, the customer shall pay the full amount of such taxes (to engageware or the relevant taxing authority, as appropriate), and shall pay to engageware any additional amount necessary to ensure that the net payment, after withholding or deduction of such taxes, shall be no less than the amount due for the transaction under this agreement. this section 8.1 states the sole remedy of customer and the entire liability of engageware with respect to any infringement caused by the use of the product or services. the expiration or termination of this agreement and/or applicable order form for any reason shall not relieve customer of its obligation to pay any amounts due and owing prior to the date of expiration or termination and shall not affect any other rights or liabilities of the parties which may have accrued prior to the date of expiration or termination.
notwithstanding any language to the contrary therein, no terms or conditions stated in a customer purchase order or in any other customer order documentation shall be incorporated into or form any part of this agreement, and all such terms or conditions shall be null and void. the failure or delay of a party to enforce or require performance of any provision of this agreement shall not in any manner affect that party’s right to later enforce or require performance of such provision or be construed to be a waiver thereof. the relationship of engageware and customer hereunder at all times shall be solely that of independent contractors with respect to all matters arising under this agreement. any updates to this schedule will be appropriately communicated to the customer. customer may report errors in the current release of the product to engageware by web portal, email, or telephone from 8:30 am to 5:30 pm eastern time for p3 and p4 issues. response time: 1 business daytarget remediation time: as agreed upon with product, no sooner than the next release/service update.
any changes, additions or deletions by you to this agreement will not be accepted and will not be a part of this agreement. 1.7 documentation means the then-current official user documentation prepared and provided by n‑able to you on the use of the services or software, which documentation n‑able may update from time to time. you agree that n‑able may deliver the services or software to you with the assistance of its affiliates, licensors, and service providers. you and your users usage of the services or software shall not exceed your rights to use the services or software set forth in the applicable order form. your use of the n‑able marks will strictly comply with n‑able’s trademark and copyright guidelines and branding guidelines (the “guidelines”) communicated or made available to you from time to time, including on n‑able’s website, which guidelines are incorporated in the agreement by this reference, and which guidelines n‑able may update or revise from time to time. all right, title, and interest in and to content which may be accessed through the services or the software is the property of the respective owner and may be protected by applicable intellectual property laws and treaties.
(a) if you are charged on a monthly basis, you may terminate this agreement at any time by providing n‑able with prior written notice of your intention to terminate this agreement. you agree that you and your users are responsible for maintaining and protecting backups of your data directly or indirectly processed using the services and software and that n‑able is not responsible for exportation of, the failure to store, the loss, or the corruption of your data. n‑able may immediately and upon notice suspend all or portion of your access to the services and software (without any liability to you in connection with such suspension), if n‑able has a good faith belief that you have breached this paragraph. nothing in this agreement limits you or your user’s rights under, or grants you or your user rights that supersede, the terms of any such third party software program. the delay or failure of either party to exercise any right provided in this agreement shall not be deemed a waiver of that right. if n‑able brings litigation against you regarding this agreement or the services, software, documentation, or n‑able marks, or n‑able content, in addition to any other relief to which n‑able may be entitled, n‑able shall be entitled to recover reasonable attorneys’ fees, expenses, and costs of litigation. n‑able may immediately and upon notice suspend all or portion of your access to the services and software (without any liability to you in connection with such suspension), if n‑able has a good faith belief that you have breached this paragraph.
a saas agreement, or a software as a service agreement, lays out terms and conditions of a software delivery model. in this type of model, software and data supersede this agreement. this software as a service agreement (“agreement”) is entered into between customer and sailpoint technologies, inc. a. “service” shall mean the software and infrastructure in a hosted environment provided and maintained by vendor to which customer is being granted access under, simple saas agreement template, simple saas agreement template, b2b saas agreement template, free saas agreement template, customer friendly saas agreement.
a saas contract clarifies the exact software access that clients receive for as long as they’re subscribed to the service. many saas companies offer several review our master software as a services agreement before using the engageware site for all rights and regulations of our customer engagement solutions. 1.2 agreement means the software services agreement, the data processing addendum, the order form, n‑able’s invoices for charges due from, saas subscription agreement, saas agreement sec, saas license agreement, saas agreement clauses.
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