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 a Customer network. Any network changes derived from Change Management require the authorization of Customer, and therefore Customer understands that any changes made to a Customer network via Change Management are the sole responsibility of Customer, regardless of any contrary direction provided by NetBrain, or the Programs and Documentation. NetBrain makes no warranties, either express or implied, with respect to the use of Change Management, including efficacy of 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 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. In the event of any failure of Customer’s network resulting from Change Management, NetBrain will endeavor to assist Customer in rectifying the problem pursuant to Section 3 of the Agreement, provided that Customer is currently subscribed to Maintenance Services with NetBrain.

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 a Customer network. Any network changes derived from Change Management require the authorization of Customer, and therefore Customer understands that any changes made to a Customer network via Change Management are the sole responsibility of Customer, regardless of any contrary direction provided by NetBrain, or the Programs and Documentation. NetBrain makes no warranties, either express or implied, with respect to the use of Change Management, including efficacy of 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 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. In the event of any failure of Customer’s network resulting from Change Management, NetBrain will endeavor to assist Customer in rectifying the problem pursuant to Section 3 of the Agreement, provided that Customer is currently subscribed to Maintenance Services with NetBrain3.