Common use of Configuration and Installation Warranty Clause in Contracts

Configuration and Installation Warranty. (a) Where Rogers configured and installed the CE, Rogers warrants that it will correct operational, performance, or security deficiencies related to the CE’s configuration or installation, free of charge, for a period of sixty (60) days following the Service Effective Date. If Rogers is providing fault management services for the CE as part of the Rogers Dedicated Internet, Rogers warrants that it will correct operational, performance, or security deficiencies related to the CE’s configuration or installation, free of charge, for the duration of the Service Term of such fault management services. (b) This warranty only extends to the original CE configuration and installations provided by Rogers or its sub- contractor(s), or revised CE configuration and installations that have been completed as part of Rogers change management. (c) This warranty does not apply, and Rogers cannot be held liable for losses or damage incurred by the Customer, as a result of Acceptable Downtime, in addition to the following: • Hardware, operating system, and application failures or security breaches on LAN components, WAN components, servers or workstations that are not managed by Rogers; • Failures or security breaches caused by the improper installation of CE not installed by Rogers or its Contractor; and • Failure by the Customer to apply required security patches, fixes or upgrades when indicated by Rogers. (d) Rogers and its Contractors shall not be liable for loss of, or loss of use of, the Customer's information or data, or any part thereof. Any liability arising in the provision of Rogers Dedicated Internet Services shall be subject to the Liability provision in the Agreement.

Configuration and Installation Warranty. (ai) Where Rogers configured and installed the CE, Rogers warrants that it will correct operational, performance, or security deficiencies related to the CE’s configuration or installation, free of charge, for a period of sixty (60) days following the Service Effective Date. If Rogers is providing fault management services for the CE as part of the Rogers Dedicated InternetInternet Services, Rogers warrants that it will correct operational, performance, or security deficiencies related to the CE’s configuration or installation, free of charge, for the duration of the Service Term of such fault management services. (bii) This warranty only extends to the original CE configuration and installations provided by Rogers or its sub- sub-contractor(s), or revised CE configuration and installations that have been completed as part of Rogers change management. (ciii) This warranty does not apply, and Rogers cannot be held liable for losses or damage incurred by the Customeryou, as a result of Acceptable Downtime, in addition to the following: • : a) Hardware, operating system, and application failures or security breaches on LAN components, WAN components, servers or workstations that are not managed by Rogers; • ; b) Failures or security breaches caused by the improper installation of CE not installed by Rogers or its Contractor; and • and c) Failure by the Customer you to apply required security patches, fixes or upgrades when indicated by Rogers. (div) Rogers and its Contractors shall not be liable for loss of, or loss of use of, the Customer's your information or data, or any part thereof. Any liability arising in the provision of Rogers Dedicated Internet Services under these terms shall be subject to the Liability provision in the Agreement.