The Services are partially comprised of certain open-source software components as set out in the Documentation, which is subject to the terms and conditions of the respective open-source license agreements.
CLIMIFY's Support, maintenance, back-up and recovery services do not cover the following or in the following situations:
CLIMIFY agrees to comply with laws, regulatory requirements, and guidelines applicable to it as a service provider during this Agreement.
Neither Party shall be liable for failure or delay in performance of its responsibilities hereunder when such failure or delay is caused by wars, riots, uprisings, general strikes or labour disturbances, fire, flooding, natural disasters, monetary restrictions, trade embargoes, epidemics, transportation delays, interruption or breakdown in energy or internet supplies, compliance with the laws, acts, orders, rules, or regulations of any Government body, or any other cause whether or not similar to those specified herein, beyond the reasonable control of the said Party.
CLIMIFY shall have the right to use Customer as a reference, e.g. on its website, in press communications, and other marketing material, including case stories.
The invalidity or unenforceability of any term or any part of any term of, or any right arising pursuant to, this Agreement shall not affect the validity or enforceability of any other terms or rights or the remainder of any such term or right which shall continue in full force and effect except for any such invalid or unenforceable provision or part thereof.
This Agreement constitutes the entire agreement and supersedes any previous agreements between the Parties relating to its subject matter. In the event of a conflict between terms of the Agreement, specific deviations expressly stated in the Purchase Order shall take precedence over these Terms of Service.