Terms and Conditions for Microsoft Office 365 1 ... - O2 Ireland

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For Lync Online Lync 2010 includes Silverlight. The following notice applies to Silverlight software. Notice About the H.264/AVC Visual Standard, and the VC-1 Video Standard. This software may include H.264/MPEG-4 AVC and/or VC-1 decoding technology. MPEG LA, L.L.C. requires this notice:` THIS PRODUCT IS LICENSED UNDER THE AVC AND THE VC-1 PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE ABOVE STANDARDS (“VIDEO STANDARDS”) AND/OR (ii) DECODE AVC, AND VC-1 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NONE OF THE LICENSES EXTEND TO ANY OTHER PRODUCT REGARDLESS OF WHETHER SUCH PRODUCT IS INCLUDED WITH THIS SOFTWARE IN A SINGLE ARTICLE. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE WWW.MPEGLA.COM. For clarification purposes, this notice does not limit or inhibit the use of the software for normal business uses that are personal to that business which do not include (i) redistribution of the software to third parties, or (ii) creation of content with the VIDEO STANDARDS compliant technologies for distribution to third parties. 3. Other General Terms for the Online Service 3.1. Subject to Clause 3.2, O2 shall in consideration of the payment of the Subscription Charges provide the Online Services to the End User subject to the terms and conditions of this Agreement. 3.2. In order to access and use the Online Services the End User will need to provision the End User Hardware from which the Online Services will be accessed and used. The End User may carry out provisioning itself and on its own account or may, subject to execution of a Statement of Work, engage O2 to provide the Installation Services. Similarly the End User may engage O2 to provide the De-Installation Services on the termination or expiration of this Agreement. 3.3. Where the End User engages O2 to provide Installation or De-Installation Services, those services shall be provided in consideration of the payment by the End User of the Professional Charges (which shall apply in addition to the Subscription Charges) and subject to the Statement of Work agreed in writing between the End User and O2. 3.4. Where the End User carries out the provisioning of End User Equipment itself neither O2 nor Microsoft shall be liable for any loss, damage, liability, cost or expense incurred by the End User whether directly or indirectly in carrying out such provisioning 3.5. It is hereby expressly agreed and acknowledged by O2 and the End User that: 3.5.1. O2 AND MICROSOFT MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY, OPERATION, THE MERCHANTABILITY OR FITNESS OF THE ONLINE SERVICES FOR A PARTICULAR PURPOSE, OR ISSUES REGARDING IPR INFRINGEMENT, TITLE AND THE LIKE; 3.5.2. the End User hereby waives to the maximum extent permitted by law any rights and remedies conferred upon the End User under any relevant legislation, including but not limited to the Sale of Goods and Supply of Services Act, 1980 as amended, and those rights now or hereafter conferred by statute or otherwise;
3.5.3. O2 shall not be deemed to have made, be bound by or liable for, any representation, warranty or promise made by Microsoft in respect of the Online Services; 3.5.4. O2 shall not be liable for any failure of the Online Services or any delay in the availability thereof; and 3.5.5. the Customer has selected the Online Services without O2’s assistance. 3.6. The End User shall be fully and solely responsible for satisfying itself that the Online Service is fit for the End Users purposes and neither O2 nor Microsoft provide any representations or warranties in this regard. 3.7. The End User acknowledges that O2 may at any time do any of the following: 3.7.1. Modify all or part of an existing Online Service, including adding new features or functionality to, or removing existing features or functionality; 3.7.2. In the event of Microsoft issuing a new release of all or part of the Online Services, migrate End Users to such new release at any time subject to the terms and conditions of this Agreement; 3.7.3. Release a new version of the Online Services or part of it. 3.8. The Online Service is provided on a Subscription per user basis. Each Subscription shall last for the End Users billing period and shall, subject to the termination rights set out in Clause 9 be automatically renewed upon expiry, in accordance with Clause 8 (Auto- Renewal). 4. Charges 4.1. The Subscription Charges payable by the End User to O2 for the services described herein are as set out in End Users Price Plan and Price Plan Rules. 4.2. The End User acknowledges that the Subscription Charges may be amended by O2 by giving the End User not less than thirty (30) days notice. 4.3. Professional Charges payable by the End User (if any) shall be as agreed in writing by the End User. 5. Billing Arrangements 5.1. O2 shall submit an invoice to the End User monthly in arrears in respect of the Subscription Charges due for the relevant period. O2 reserve the right to alter payment terms to payment in advance at any time and to determine in its sole discretion the format an invoice shall be submitted in, including but not limited to electronic format. 5.2. O2 shall invoice the End User for any Installation Services or De-Installation Services in the agreed amount in the next invoice issued to the End User by O2 following the material completion of the works specified in the relevant Statement of Work. 5.3. The End User hereby agrees to pay the Subscription Charges and Professional Charges (if any) in full without any deduction or set off to O2 within 14 days of the date of invoice. 5.4. Without prejudice to any other rights of O2, in the event of the End User failing to pay any sums due pursuant to this Agreement on time or at all notwithstanding notification by O2 of the overdue debt to the End User, O2 shall be entitled to: 5.4.1. charge interest (both before and after any judgement) on amounts overdue from the End User from the due date until the payment is actually made at the rate of
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Terms and Conditions for Microsoft Office 365 1 ... - O2 Ireland

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