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6.
Provision of Cloud Services
6.1
We shall use commercially reasonable efforts to make Cloud Services available to you based on the availability
from our suppliers.
6.2
Notwithstanding Section 6.1, we do not provide any guarantee that provision of the Cloud Services shall be
error-free or without interruption and we reserve the right to alter or suspend provision of the Cloud Services
without prior notice to you. By accepting these terms and conditions you acknowledge that the Cloud Services
may change in form or nature at any time, and may become unavailable.
6.3
The Cloud Services are provided "as is" and on an "as available" basis. We give no warranty that the Cloud
Services will be free of defects and or faults.
6.4
We accept no liability for any disruption or non-availability of the Cloud Services for any reason.
7.
Ownership of Software and Copies
The Software and related documentation are copyrighted works of authorship, and are also protected under applicable
database laws. The Licensor or its suppliers retain ownership of the Software, all subsequent copies of the Software and all
intellectual property rights subsisting therein, regardless of the form in which the copies may exist. This License Agreement
is not a sale of the original Software or any copies thereof.
8.
Undertakings
You undertake to:
8.1
Use the Software only within the bounds of the terms and conditions of this License Agreement;
8.2
Ensure that, prior to use of the Software by your employees or agents (where relevant), all such parties are
notified of the terms and conditions of this License Agreement; and
8.3
Reproduce and include our copyright notice (or such other party's copyright notice as specified on the
Software) on all and any copies of the Software, including any partial copies of the Software.
9.
Limited Warranty
We warrant that:
9.1
the Software will, when properly used on an operating system for which it was designed, perform substantially
in accordance with the functions described on our website for a period of 30 days from the date that the
Software License was provided to you ("Warranty Period");
9.2
if, within the Warranty Period, you notify us in writing of any defect or fault in the Software as a result of
which it fails to perform substantially in accordance with the description on our website, we will, at our sole
option, either repair or replace the Software, provided that you make available all the information that may be
necessary to help us to remedy the defect or fault, including sufficient information to enable us to recreate the
defect or fault. For the purposes of any warranty claims or queries, please contact us as set forth below.
9.3
The Licensor shall not be liable under the said warranty above if the Software fails to operate in accordance
with the said warranty as a result of any modification, variation or addition to the Software not performed by
the Licensor or caused by any abuse, corruption or incorrect use of the Software, including use of the Software
with equipment or other software which is incompatible.
10. Disclaimer Of All Other Warranties
THE FOREGOING WARRANTY IS MADE IN LIEU OF ANY OTHER WARRANTIES, REPRESENTATIONS OR
GUARANTEES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY
IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ABILITY
TO ACHIEVE A PARTICULAR RESULT. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
OF THE SOFTWARE. THE LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR
REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE.
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