Tcs Service Agreement Breach

2.2 The licensee`s license is consistently defined in this contract and in the order form of the corresponding software. All rights that are not expressly granted are reserved for CHT. Any extension or modification of the contractual use of the software is subject to THE prior written authorization of TCS. The licensee is required to ensure that any authorized user complies with all license restrictions and other conditions applicable to this Agreement. If licensed transactions authorize the use of the Software by a Licensed Affiliate at any time in accordance with this Agreement, the Licensee ensures that the Licensee accepts and respects the terms of this Agreement and assumes full responsibility for any act or omission of that Affiliate. Any violation or non-compliance with the terms of this Agreement by an authorized user or related company is considered an infringement or non-compliance by the licensee. This agreement, as well as the applicable software order form, executed in accordance with this Agreement, contains documents or guidelines referring to this form or in the applicable software order form, and replaces all other prior or simultaneous communications, proposals and representations that relate to their purpose, written or orally, between the contracting parties and any modification or extension of the applicable software, which are considered to be replaced by this Agreement. In order to avoid any doubt, this agreement does not in any way replace the terms of a third-party software licensing agreement. In the event of an objection between the provisions of this agreement and the provisions of the software order form or related agreement, the provisions of Section 2 (licence), section 6 (Confidential information), section 7 (property and property), section 8 (compensation) and section 9 (Limitation of liability) are given priority.

With respect to all other issues, the provisions of the software order form are given priority. In order to avoid any doubt, where a software order form or factory statement contains certain specific conditions applicable to the software or services in question, these particular conditions do not apply in contradiction with the previous provisions of the agreement, the specific conditions of the software order form or the factory declaration prevail. TCS may at any time amend this agreement (including all documents referred to in the software order form) by publishing a revised version on the link on the software order form (or the succession link/website). However, the agreement, which takes effect from the start date indicated on the order form of the corresponding software, remains valid for the validity period indicated in this software order form. The amended and updated agreement will come into effect from the effective date of a new software order or renewal form, except that all messages related to third-party software are immediately applicable. There are no conditions for the appointment of a licensee or similar document, and TCS opposes these conditions. – Partners with whom we offer co-branding services or engage in joint marketing activities. 12.3 The limitation of liability of one of the contracting parties, as defined in Section 12.1 and Section 12.2, does not apply to liability for damages resulting (i) from intentional misconduct; (ii) the parties` obligations to compensate under this agreement; (iii) violation or misuse of TCS intellectual property rights in SaaS services, software, activation software or documentation by the customer or its authorized users; or (v) violation of Section 10.4 by the customer.