Provider does not warrant that Customer’s use of the Services will be uninterrupted or uninterrupted or that the Services and/or the information obtained by Customer through the Services will meet Customer’s requirements Such remedy or replacement shall constitute Customer’s sole and exclusive remedy and Provider’s sole and exclusive liability for the breach of warranty. If the Services deviate from the warranty set forth in Section 2.1, the Provider shall, at its own expense, make all commercially reasonable efforts to promptly remedy the deviation. The warranty given in Clause 2.1 shall not apply to the extent that the deviation is due to the fact that the Customer has not used the Services in accordance with the Provider’s instructions, or that the Services have been modified or changed by persons other than the Provider or its vicarious agents. Provider warrants that the Services (excluding third party applications) will be provided with reasonable skill and care over the term of the Subscription. An error exists in particular if the software, does not fulfill the functions specified in the service description, delivers incorrect results or does not work properly in any other way, so that the use of the software is impossible or significantly limited. The Provider shall continuously monitor the functionality of the Software and eliminate software errors to the extent technically feasible. The respective current scope of functions results from the service description on the Provider’s website. The Provider is continuously developing the Software and will improve it through ongoing updates and upgrades. Subject to Customer’s purchase of the User Subscription(s) and subject to the limitations set forth in this Section 1 and the terms of the Agreement, Provider hereby grants to Customer the non-exclusive, non-transferable right to permit Authorized Users to use the Services during the term of the Subscription. Provider shall provide the Services during the term of the Subscription in accordance with the terms of this Agreement. Validity always lays within the German Terms and Conditions. The following General Terms and Conditions are a translation of the Terms and Conditions in the German language. This date shall then be deemed to be the “ Effective Date“. This Software-as-a-Service Subscription Agreement (the “Agreement”) is entered into as of the date you ( “Customer”) jointly sign an subscription contract with the subscription provider ( “The Provider”) by reference to this Agreement ( “Subscription Contract”).
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