Notwithstanding the foregoing, each party agrees that in the event of breach or threatened breach of this Agreement, in addition to any other available remedies, the non-breaching party shall have the right to injunctive or other equitable relief from any court of competent jurisdiction, without.
Licensee expressly and irrevocably assigns to O'Neil any and all right, title and interest, including all Intellectual Property Rights, that it may have in and to the Service, O'Neil DataTech LLC Website and deliverables of O'Neil therewith or enhancements and modifications thereto.
Downtime and Service Suspensions; Security.
Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable Law.Any dispute relating to or arising from this agreement shall be resolved by arbitration under the Commercial Arbitration Rules of the American Arbitration Association.Licensee agrees and acknowledges that: (i) access to and use of the Service may be suspended for the duration of any unanticipated or unscheduled downtime, or unavailability of any portion or all of the Service for any reason, including as a result of power outages.Subject to your acceptance of and compliance with this Agreement and with the payment requirements for the Services that are set forth on the applicable Service Fee detail page on the O'Neil DataTech LLC Website (as such payment terms may be updated from time.Indemnification; Limitation of Liability and Remedies.1.To the extent able, O'Neil will use its commercially reasonable efforts to provide Licensee e-mail notice of any Service Suspension in accordance with the notice provisions set forth in Section 12 and to post updates on the O'Neil DataTech LLC Website regarding resumption of any.It is your responsibility to the check the O'Neil DataTech LLC Website regularly for changes to this Agreement or the Additional Policies, as applicable.
Neither Party shall be bound by any terms or conditions contained in any purchase order or other documentation issued by the other Party.The term of this Agreement Term will commence, and you may begin using the Services, once you agree to the terms and conditions of this Agreement by clicking the "Accept" button below and complete the registration process for your O'Neil Web Services account.The parties agree to use reasonable efforts to hold such information in confidence but not less than those efforts that the party receiving such information uses to protect the confidentiality of its own confidential information of a similar nature, and (except as permitted hereunder) not.THE foregoing limitation does NOT apply TO liability arising from O'neil'S gross negligence OR intentional acts.Licensee will (i) allow only authorized employees of Licensee to use each developer/administrator account and password provided by O'Neil to Licensee; (ii) take full responsibility for all activities by employees, consultants and Users of Licensee that occur under such accounts and the Service generally; and.Check the boxes below to sort by promotion type.O'Neil's goal and intention is to use commercially reasonable efforts to maintain up time of the Service on a 24 hour / 7 day per week basis to support worldwide utilization of the Service.