14.2. This agreement, including possible annexes, constitutes the whole agreement between the parties. Any changes to the agreement for its effectiveness must be approved by both parties in writing. The use of the Services gives you your consent to these conditions. It is effective between you and us from the date you sign an order form or start using the services based on your previous date. “Services” refers to the products and services you order as part of a free trial or order form that we make available online, as stated in the documentation. “Services” exclude content and non-CONSENSUS applications. 2.4. Unless otherwise stated in the customer`s order, the software is provided in a standard format. If the client Kontakt.io to provide customer-specific changes, advice, system integration or other software-related services, the terms of these services are negotiated separately and in writing. Consensus makes reasonable economic efforts to maintain the availability of hosted services at 99.9% of the time.

At the request of a customer, CONSENSUS extends the renewal date of the CUSTOMER subscription for a period equal to 10 times (ten times) the default period, with a minimum of one working day. Unavailability is measured over a calendar month and is based on the total downtime of the CLIENT. The unavailability is considered to be since the notification of the unavailability to CONSENSUS, on the date on which CONSENSUS confirms that the hosted services concerned are available for the transmission and receipt of the data. Scott, good question. Section 365 (n) is provided for IP licenses. This will not work in a SaaS agreement. With other information, I doubt very much that an accidental call from a SaaS subscription would trigger a “license” 365 (n). (However, low risk is another reason why SaaS providers should not use the word “license.”) Interesting article, but how to organize it with the verdict in MAI Systems Corp. v.

Peak Computer, Inc., 991 F.2d 511 (9. Cir. 1993) or the most recent Comedy Central and Warner BRos.

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