Additional Exclusions. IT IS EXPRESSLY UNDERSTOOD THAT THE SUPPORT SERVICE FEE DOES NOT INCLUDE WORK REQUIRED DUE TO DAMAGE, PROBLEMS OR DEFECTS ARISING AS A CONSEQUENCE OF DISASTERS INCLUDING BUT NOT LIMITED TO ACTS OF GOD, WARS, EARTHQUAKES, STORMS, FLOODS, DESTRUCTION, FIRES, EXPLOSIONS, RIOTS, STRIKES, LOCK-OUTS OR ANY OTHER SIMILAR OCCURRENCES DUE TO EXTERNAL INFLUENCES, SUCH AS IMPROPER POWER SUPPLY; USE OF THE COVERED EQUIPMENT IN CONJUNCTION WITH USE OF NON GRASS VALLEY FURNISHED EQUIPMENT OR SOFTWARE UNLESS APPROVED BY GRASS VALLEY IN WRITING; FAILURE TO FOLLOW INSTALLATION, OPERATION, MAINTENANCE OR CARE INSTRUCTIONS, FAILURE TO PERMIT GRASS VALLEY TIMELY ACCESS, REMOTE OR OTHERWISE, FAILURE TO IMPLEMENT ALL NEW UPDATES OR UPGRADES TO SOFTWARE TO THE EXTENT SUCH UPDATE OR UPGRADES ARE MADE AVAILABLE TO CUSTOMER; IMPROPER EXECUTION OF CUSTOMER MAINTENANCE TASKS OR DAILY UPKEEP, FAULTY OPERATION, MISUSE OR NEGLIGENCE; IMPROPER STORAGE, POWER SUPPLY OR AIR-CONDITIONING; DAMAGE CAUSED BY PERSONNEL OTHER THAN GRASS VALLEY REPRESENTATIVES TO INSTALL, REPAIR OR SERVICE COVERED EQUIPMENT, A PROBLEM OR DEFECT WHICH CANNOT BE REPRODUCED BY GRASS VALLEY OR CUSTOMER; TRANSPORTATION; ACCIDENTS; ANY FAULT CAUSED BY ANY ASSOCIATED EQUIPMENT OR ACCESSORIES NOT PROVIDED BY GRASS VALLEY; VIRUSES OR MALWARE THAT COMES INTO CONTACT WITH THE COVERED EQUIPMENT AFTER THE DATE OF SHIPMENT; OR REPLACEMENT OF CONSUMABLES; AND SERVICES, IMPROVEMENTS TO HARDWARE OR SOFTWARE, OR THIRD PARTY SOFTWARE THAT MAY BE REQUIRED IN ORDER TO SATISFACTORILY IMPLEMENT AN UPDATE OR UPGRADE. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ALL SERVICES TO BE PERFORMED IN ORDER TO RECTIFY THE DAMAGE TO OR DESTRUCTION OF THE EQUIPMENT AS SET OUT ABOVE ARE OUTSIDE THE SCOPE OF THE SUPPORT AGREEMENT AND WILL BE CHARGED SEPARATELY AT GRASS VALLEY’S THEN CURRENT RATES. IT IS FURTHER EXPRESSLY UNDERSTOOD AND AGREED THAT THE COVERED EQUIPMENT WILL BE MAINTAINED AT OPERATIONAL CONDITION, TAKING INTO ACCOUNT ITS AGE AND NORMAL WEAR AND TEAR AND NOTHING HEREIN OBLIGATES GRASS VALLEY TO MAINTAIN COVERED EQUIPMENT IN NEW OR LIKE NEW CONDITION. WHERE PERMITTED BY LAW, GRASS VALLEY RESERVES THE RIGHT TO CHARGE A REASONABLE SUPPORT AGREEMENT FEE FOR ANY UNCOVERED PERIODS BETWEEN THE EXPIRATION OF THE WARRANTY TERM AND THE PURCHASE OF THE SUPPORT AGREEMENT.
Additional Exclusions. A Receiving Party will not violate its confidentiality obligations if it discloses the Disclosing Party’s Confidential Information if required by applicable laws, including by court subpoena or similar instrument so long as the Receiving Party provides the Disclosing Party with written notice of the required disclosure so as to allow the Disclosing Party to contest or seek to limit the disclosure or obtain a protective order. If no protective order or other remedy is obtained, the Receiving Party will furnish only that portion of the Confidential Information that is legally required, and agrees to exercise reasonable efforts to ensure that confidential treatment will be accorded to the Confidential Information so disclosed.
Additional Exclusions. The Insurer shall not be liable for:
(i) expenses for “clean-up” away from or beyond the “premises” resulting from any spill, discharge, emission, dispersal, seepage, leakage, migration, release or escape of “pollutants” even if the “pollutants” emanated from the “premises”;
(ii) expenses for “clean-up” of any spill discharge, emission, dispersal, seepage, leakage, migration or escape of “pollutants” that began before the effective date of this Policy;
(iii) fines, penalties, punitive or exemplary damages;
(iv) expenses incurred for the “clean-up” of “pollutants” at or from any “premises”, site or location which is or was at any time used by or for any Insured or others for the handling, storage, disposal, processing or treatment of waste.
Additional Exclusions. Emergency Lodging Supplemental Reimbursement will not pay for loss caused by or resulting from the following:
Additional Exclusions. Parts or repairs on items normally designed to be periodically replaced by You during the life of the product, including but not limited to batteries, light bulbs, etc.; Damage from introduction of foreign objects into the Covered Product; Unauthorized modifications or alterations to a Covered Product; Failure to follow the manufacturer’s instructions; External causes of any kind, including third party actions, fire, theft, insects, animals, exposure to weather, windstorm, sand, dirt, hail, earthquake, flood, water, acts of God or consequential loss of any nature; Loss or damage caused by invasion, rebellion, riot, strike, labor disturbance, lockout, or civil commotion; Incidental, consequential or secondary damages or delay in rendering service under this Agreement; Loss of use during the period that the Covered Product is at an authorized service center or awaiting parts; Failures that occur outside of the 50 states of the United States of America and the District of Columbia; Unauthorized repairs and/or parts; Cost of installation, setup, diagnostic charges, of the Covered Product, except as provided herein; Accessories used in conjunction with a Covered Product including remote controls; Any other loss other than a covered breakdown; Service where no problem can be found; noises; squeaks; breakdowns which are not reported during the term of this Agreement.
Additional Exclusions. Aids or devices that assist with nonverbal communications, including communication boards, pre- recorded speech devices, laptop computers, desktop computers, personal digital assistants, Braille typewriters, visual alert systems for the deaf and memory books.
Additional Exclusions. RCDevs shall have no obligation to maintain or support Software in the following conditions: • Altered, damaged or modified Software; • Software problems resulting from inaccurate storage of the Software or problems caused by the Licensee's negligence, abuse or misapplication, insufficient or incorrect maintenance performed by third parties, use of Software for other than intended purposes or other causes beyond the foreseeable control of RCDevs; • Software installed on any computer hardware and/or software system that is not supported by RCDevs and Software. RCDevs shall not be responsible for server hardware failures and the disturbance caused by external devices or software to the Software; • Software installations using an amount of Servers and/or Concurrent Users exceeding the limitations in the Invoice (Maximum Servers and/or Maximum Concurrent Users). In addition, support excludes any Error for which a correction is available in a subsequent Software version than that currently operated by the Licensee and which has been made available to the Licensee by RCDevs.
Additional Exclusions. Service excludes the supply of postal and carrier rate changes and Consumable Supplies.
Additional Exclusions. What is not covered?
Additional Exclusions. A. Use. Maintenance Services specifically excludes support for any Errors caused by (i) operator error or use of the Software and/or Hardware in a manner not in accordance with the Product Documentation; (ii) use of the Software and/or Hardware with software and/or hardware other than that for which the Software and/or Hardware was originally licensed; (iii) Errors caused by any fault in the Customer’s environment, hardware, or in any software used in conjunction with the Software or Hardware but not provided by or approved by RSA; (iv) any integration, modification, or repair of the Software and/or Hardware made by any person other than RSA; (v) installation of any appliance, firmware, or operating system on the Hardware other than that provided by RSA; (vi) unusual physical, electrical or electromagnetic stress, fluctuations in electrical power beyond Product specifications, or failure of air conditioning or humidity control; and (vii) accident, misuse, or neglect or causes not attributable to normal wear and tear. In addition, support excludes any Errors for which a correction is available in a subsequent Software Release than that currently operated by Customer, and which has been made available to Customer by RSA.
