Common use of Disclaimer of Network Changes Clause in Contracts

Disclaimer of Network Changes. The nature of Change Management is such that the Programs may make substantial changes that have the potential to negatively impact Customer’s network. Any network changes derived from Change Management require the prior authorization of Customer, and therefore, Customer understands and acknowledges that any changes made to Customer’s network via Change Management are the sole responsibility of Customer, regardless of any direction, or otherwise, provided by NetBrain, the Programs, and/or Documentation. NetBrain makes no warranties, either express or implied, with respect to the use of Change Management, including the efficacy of Customer’s changes defined through Change Management. Customer will hold harmless and indemnify NetBrain, its Affiliates, and their respective officers, directors, employees, agents, and representatives from and against any and all liability, loss, costs, expenses, or damages caused by, or resulting from, Customer’s use of Change Management on a network sustained by Customer, its Affiliates, or any third party on its behalf. In the event of any failure of Customer’s network resulting from Change Management, NetBrain will reasonably endeavor to assist Customer in rectifying the problem in accordance with its Support Services obligations in Section 3 of this Agreement.