Common use of Exclusions and Limitations Clause in Contracts

Exclusions and Limitations. 2.8.1. NCR Voyix is not responsible for acts or omissions of Customer or its representatives that result in failure of or disruption to the System or access to the Hosted Software. 2.8.2. Customer agrees that neither Customer nor its representatives shall attempt in any way to circumvent or otherwise interfere with any security precautions or measures of NCR Voyix relating to the Hosted Software or the System. Any such attempts may, among other things, cause failure of, or disruption to, the System or the Hosted Software. Any failure of or disruption to the System or the Hosted NCR Voyix Software resulting from a violation of this Section 2.8 shall not be considered Scheduled Downtime. 2.8.3. Customer will be responsible, and will indemnify NCR Voyix, for any damage or service interruptions caused by Customer or its representatives in violation of this Section 2.8 including, without limitation, any damage to any NCR Voyix equipment, or equipment managed for NCR Voyix by another third party in connection with the Hosting Services provided by NCR Voyix hereunder. 2.8.4. Customer agrees to compensate NCR Voyix, at its then-current professional services rates, for all remedial services or losses resulting from any violations of this Section 2.8. 2.8.5. NCR Voyix does not control the flow of data to or from the network and other portions of the internet. Such flow depends in large part on the performance of internet services provided or controlled by third parties. At times, actions or inactions of such third parties can impair or disrupt Customer’s connections to the internet (or portions thereof). Although NCR Voyix will use commercially reasonable efforts to take the action it deems appropriate to remedy and avoid such events, NCR Voyix cannot guarantee that such events will not occur. Accordingly, NCR Voyix disclaims any and all liability resulting from or related to such events to the extent such events are not directly caused by NCR Voyix or any of its subcontractors or agents. 2.8.6. NCR Voyix is not responsible for unauthorized access to the Hosted NCR Voyix Software through Customer maintained usernames and passwords provided such unauthorized access was not directly caused by NCR Voyix or any of its subcontractors or agents. 2.8.7. NCR Voyix’s performance obligations concerning the Hosted NCR Voyix Software specifically exclude the following: (a) non-production or test web sites or systems, performance of public or private internet backbones or networks not directly managed by NCR Voyix; (b) outages or issues caused by Customer’s negligence, by Customer’s misuse or improper configuration of the Hosted NCR Voyix Software, or by Customer’s failure to follow documented procedures for the use of the Hosted NCR Voyix Software; (c) outages or issues caused by or resulting from Customer Equipment, or outages or issues occurring as a result of any actions taken by NCR Voyix at the request or direction of Customer; (d) outages initiated by NCR Voyix at the request or direction of Customer for backup, maintenance or other purposes; and (e) any professional or supplemental services outside the scope of the services specifically described as being provided hereunder or under the Agreement. Such excluded services include, but are not limited to: (i) content management; (ii) development or maintenance of Customer’s intranet web site; (iii) management of non-standard interfaces; (iv) custom data conversion services; (v) system configuration services; (vi) application data maintenance (such as, but not limited to, pricebook, vendor, site, and product information maintenance); (vii) custom reporting requirements outside of those offered in the Hosted NCR Voyix Software; and (viii) hosting of any functionality other than the then-current functionality within the Hosted NCR Voyix Software. 2.8.8. NCR Voyix is not responsible for Customer’s failure to adhere to and fully comply with the applicable application management and hosting policies and procedures that Customer has been informed of. 2.8.9. The Hosting Web Site may contain hyperlinks to external internet sites, which are not under the control of NCR Voyix. NCR Voyix assumes no responsibility for the content or accuracy of information contained within such internet sites and the appearance of such hyperlinks does not constitute endorsement or sponsorship of, or affiliation with, the owners of such internet sites, nor the information, products, services and trademarks contained therein. 2.8.10. In order to maintain reasonable production data storage requirements and to ensure proper performance of the System, NCR Voyix may implement, in its sole discretion, limited data archival policies and procedures including periodic data purging of the System. Customer will be responsible for any and all retention of data, records or information required by law. 2.8.11. Any downtime of the System which results from circumstances reasonably believed by NCR Voyix to pose a significant threat to the normal operation of the Hosting Web Site, the System or the Hosted NCR Voyix Software, or access to or integrity of Customer data (e.g., hacker or virus attack) shall not count as System Downtime (as defined below) under this Schedule 2. In the event of such an interruption or shutdown, NCR Voyix will attempt to return the Hosting Services to normal operation as soon as reasonably practicable. 2.8.12. Customer acknowledges and agrees that NCR Voyix will not be liable for any errors or delays in Hosted Software, or for any actions taken in reliance thereon.

Exclusions and Limitations. 2.8.1. NCR Voyix is not responsible for acts or omissions of Customer or its representatives that result in failure of or disruption to the System or access to the Hosted Software. 2.8.2. Customer agrees that neither Customer nor its representatives shall attempt in any way to circumvent or otherwise interfere with any security precautions or measures of NCR Voyix relating to the Hosted Software or the System. Any such attempts may, among other things, cause failure of, or disruption to, the System or the Hosted Software. Any failure of or disruption to the System or the Hosted NCR Voyix Software resulting from a violation of this Section 2.8 shall not be considered Scheduled Downtime. 2.8.3. Customer will be responsible, and will indemnify NCR Voyix, for any damage or service interruptions caused by Customer or its representatives in violation of this Section 2.8 including, without limitation, any damage to any NCR Voyix equipment, or equipment managed for NCR Voyix by another third party in connection with the Hosting Services provided by NCR Voyix hereunder. 2.8.4. Customer agrees to compensate NCR Voyix, at its then-current professional services rates, for all remedial services or losses resulting from any violations of this Section 2.8. 2.8.5. NCR Voyix does not control the flow of data to or from the network and other portions of the internet. Such flow depends in large part on the performance of internet services provided or controlled by third parties. At times, actions or inactions of such third parties can impair or disrupt Customer’s connections to the internet (or portions thereof). Although NCR Voyix will use commercially reasonable efforts to take the action it deems appropriate to remedy and avoid such events, NCR Voyix cannot guarantee that such events will not occur. Accordingly, NCR Voyix disclaims any and all liability resulting from or related to such events to the extent such events are not directly caused by NCR Voyix or any of its subcontractors or agents. 2.8.6. NCR Voyix is not responsible for unauthorized access to the Hosted NCR Voyix Software through Customer maintained usernames and passwords provided such unauthorized access was not directly caused by NCR Voyix or any of its subcontractors or agents. 2.8.7. NCR Voyix’s performance obligations concerning the Hosted NCR Voyix Software obligatNCiRoVnosyix Scoftowanrecerni specifically exclude the following: (a) non-production or test web sites or systems, performance of public or private internet backbones or networks not directly managed by NCR Voyix; (b) outages or issues caused by Customer’s c negligence, by Customer’s misuse or improper configuration of the Hosted NCR Voyix Software, or by NCoRrVoyiix mSopftwraore,xxxx rby con Customer’s failure to follow documented procedures for the use of the Hosted NCR Voyix SoftwaredocNuCmR eVonyitx Seofdtwarep; (c) outages rc)oouctaegesdures or issues caused by or resulting from Customer Equipment, or outages or issues occurring as a result of any actions taken by NCR Voyix at the request or direction of Customer; (d) outages initiated by NCR Voyix at the request or direction of Customer for backup, maintenance or other purposes; and (e) any professional or supplemental services outside the scope of the services specifically described as being provided hereunder or under the Agreement. Such excluded services include, but are not limited to: (i) content management; (ii) development or maintenance of Customer’s intranet web siteCustoiimi) emarna’gesmentiofnntonr-staanndaerdtinterwfaceesb; (iii) management of non-standard interfaces; (iv) custom data iv)scuisttomed;ata ( conversion services; (v) system configuration services; (vi) application data maintenance (such as, but not limited to, pricebook, vendor, site, and product information maintenance); (vii) custom reporting requirements outside of those offered in the Hosted NCR Voyix Software; and (viii) hosting of any functionality other than the then-current functionality within the Hosted NCR Voyix Software. 2.8.8. NCR Voyix is not responsible for Customer’s failure to adhere to and fully comply with f the applicable application management and hosting policies and procedures that Customer has been informed of. 2.8.9. The Hosting Web Site may contain hyperlinks to external internet sites, which are not under the control of NCR Voyix. NCR Voyix assumes no responsibility for the content or accuracy of information contained within such internet sites and the appearance of such hyperlinks does not constitute endorsement or sponsorship of, or affiliation with, the owners of such internet sites, nor the information, products, services and trademarks contained therein. 2.8.10. In order to maintain reasonable production data storage requirements and to ensure proper performance of the System, NCR Voyix may implement, in its sole discretion, limited data archival policies and procedures including periodic data purging of the System. Customer will be responsible for any and all retention of data, records or information required by law. 2.8.11. Any downtime of the System which results from circumstances reasonably believed by NCR Voyix to pose a significant threat to the normal operation of the Hosting Web Site, the System or the Hosted NCR Voyix Software, or access to or integrity of Customer data (e.g., hacker or virus attack) shall not count as System Downtime (as defined below) under this Schedule 2. In the event of such an interruption or shutdown, NCR Voyix will attempt to return the Hosting Services to normal operation as soon as reasonably practicable. 2.8.12. Customer acknowledges and agrees that NCR Voyix will not be liable for any errors or delays in Hosted Software, or for any actions taken in reliance thereon.

Exclusions and Limitations. 2.8.1. NCR Voyix is not responsible for acts or omissions of Customer or its representatives that result in failure of or disruption to the System or access to the Hosted Software. 2.8.2. Customer agrees that neither Customer nor its representatives shall attempt in any way to circumvent or otherwise interfere with any security precautions or measures of NCR Voyix relating to the Hosted Software or the System. Any such attempts may, among other things, cause failure of, or disruption to, the System or the Hosted Software. Any failure of or disruption to the System or the Hosted NCR Voyix Software resulting from a violation of this Section 2.8 shall not be considered Scheduled Downtime. 2.8.3. Customer will be responsible, and will indemnify NCR Voyix, for any damage or service interruptions caused by Customer or its representatives in violation of this Section 2.8 including, without limitation, any damage to any NCR Voyix equipment, or equipment managed for NCR Voyix by another third party in connection with the Hosting Services provided by NCR Voyix hereunder. 2.8.4. Customer agrees to compensate NCR Voyix, at its then-current professional services rates, for all remedial services or losses resulting from any violations of this Section 2.8. 2.8.5. NCR Voyix does not control the flow of data to or from the network and other portions of the internet. Such flow depends in large part on the performance of internet services provided or controlled by third parties. At times, actions or inactions of such third parties can impair or disrupt Customer’s connections to WKLUG SDUWLHV $W WLPHV DFWLRQV RU LQDFWLRQV RI the internet (or portions thereof). Although NCR Voyix will use commercially reasonable efforts to take the action it deems appropriate to remedy and avoid such events, NCR Voyix cannot guarantee that such events will not occur. Accordingly, NCR Voyix disclaims any and all liability resulting from or related to such events to the extent such events are not directly caused by NCR Voyix or any of its subcontractors or agents. 2.8.6. NCR Voyix is not responsible for unauthorized access to the Hosted NCR Voyix Software through Customer maintained usernames and passwords provided such unauthorized access was not directly caused by NCR Voyix or any of its subcontractors or agents. 2.8.7. NCR Voyix’s performance obligations concerning the Hosted NCR Voyix Software Voyix¶V SHUIRUPDQFH REOLJDWNCLRRVQoVyix SFoftRwaQreFHUQL specifically exclude the following: (a) non-production or test web sites or systems, performance of public or private internet backbones or networks not directly managed by NCR Voyix; (b) outages or issues caused by Customer’s negligence, by Customer’s misuse or improper configuration of the Hosted NCR Voyix Software, or by Customer’s failure to follow documented procedures for the use of the Hosted NCR Voyix Softwareb RXWDJHV RU LVVXHV F QHJOLJHQFH E\ &XVWRPHU¶V PLVXVH NCRRUV oyiLx PSoSftwUaRre,XxXx Uby FRQ &XVWRPHU¶V IDLOXUH WR IROORZ GRFNXCPR HVoQyiWx SHofGtw areS; (c) outages Uc)RouFtaHgesGXUHV or issues caused by or resulting from Customer Equipment, or outages or issues occurring as a result of any actions taken by NCR Voyix at the request or direction of Customer; (d) outages initiated by NCR Voyix at the request or direction of Customer for backup, maintenance or other purposes; and (e) any professional or supplemental services outside the scope of the services specifically described as being provided hereunder or under the Agreement. Such excluded services include, but are not limited to: (i) content management; (ii) development or maintenance of Customer’s intranet web sitePDLQWHQDQFH RI &XVWRiiPi) HmaUna¶geVme ntLofQnWonU-stDanQdaHrdWin terZfacHesE; (iii) management of non-standard interfaces; (iv) custom data ( iv)VcuLstWomHd at a conversion services; (v) system configuration services; (vi) application data maintenance (such as, but not limited to, pricebook, vendor, site, and product information maintenance); (vii) custom reporting requirements outside of those offered in the Hosted NCR Voyix Software; and (viii) hosting of any functionality other than the then-current functionality within the Hosted NCR Voyix Software. 2.8.8. NCR Voyix is not responsible for Customer’s failure to adhere to and fully comply with LV QRW UHVSRQVLEOH IRU &XVWRPHU¶V I the applicable application management and hosting policies and procedures that Customer has been informed of. 2.8.9. The Hosting Web Site may contain hyperlinks to external internet sites, which are not under the control of NCR Voyix. NCR Voyix assumes no responsibility for the content or accuracy of information contained within such internet sites and the appearance of such hyperlinks does not constitute endorsement or sponsorship of, or affiliation with, the owners of such internet sites, nor the information, products, services and trademarks contained therein. 2.8.10. In order to maintain reasonable production data storage requirements and to ensure proper performance of the System, NCR Voyix may implement, in its sole discretion, limited data archival policies and procedures including periodic data purging of the System. Customer will be responsible for any and all retention of data, records or information required by law. 2.8.11. Any downtime of the System which results from circumstances reasonably believed by NCR Voyix to pose a significant threat to the normal operation of the Hosting Web Site, the System or the Hosted NCR Voyix Software, or access to or integrity of Customer data (e.g., hacker or virus attack) shall not count as System Downtime (as defined below) under this Schedule 2. In the event of such an interruption or shutdown, NCR Voyix will attempt to return the Hosting Services to normal operation as soon as reasonably practicable. 2.8.12. Customer acknowledges and agrees that NCR Voyix will not be liable for any errors or delays in Hosted Software, or for any actions taken in reliance thereon.

Exclusions and Limitations. 2.8.1. NCR Voyix is not responsible for acts or omissions of Customer or its representatives that result in failure of or disruption to the System or access to the Hosted NCR Software. 2.8.2. Customer agrees that neither Customer nor its representatives shall attempt in any way to circumvent or otherwise interfere with any security precautions or measures of NCR Voyix relating to the Hosted NCR Software or the System. Any such attempts may, among other things, cause failure of, or disruption to, the System or the Hosted NCR Software. Any failure of or disruption to the System or the Hosted NCR Voyix Software resulting from a violation of this Section 2.8 shall not be considered Scheduled Downtime. 2.8.3. Customer will be responsible, and will indemnify NCR VoyixNCR, for any damage or service interruptions caused by Customer or its representatives in violation of this Section 2.8 including, without limitation, any damage to any NCR Voyix equipment, or equipment managed for NCR Voyix by another third party in connection with the Hosting Services provided by NCR Voyix hereunder. 2.8.4. Customer agrees to compensate NCR VoyixNCR, at its then-current professional services rates, for all remedial services or losses resulting from any violations of this Section 2.8. 2.8.5. NCR Voyix does not control the flow of data to or from the network and other portions of the internet. Such flow depends in large part on the performance of internet services provided or controlled by third parties. At times, actions or inactions of such third parties can impair or disrupt Customer’s connections to the internet (or portions thereof). Although NCR Voyix will use commercially reasonable efforts to take the action it deems appropriate to remedy and avoid such events, NCR Voyix cannot guarantee that such events will not occur. Accordingly, NCR Voyix disclaims any and all liability resulting from or related to such events to the extent such events are not directly caused by NCR Voyix or any of its subcontractors or agents. 2.8.6. NCR Voyix is not responsible for unauthorized access to the Hosted NCR Voyix Software through Customer maintained usernames and passwords provided such unauthorized access was not directly caused by NCR Voyix or any of its subcontractors or agents. 2.8.7. NCR VoyixNCR’s performance obligations concerning the Hosted NCR Voyix Software specifically exclude the following: (ai) non-production or test web sites or systems, performance of public or private internet backbones or networks not directly managed by NCR VoyixNCR; (bii) outages or issues caused by Customer’s negligence, by Customer’s misuse or improper configuration of the Hosted NCR Voyix Software, or by Customer’s failure to follow documented procedures for the use of the Hosted NCR Voyix Software; (ciii) outages or issues caused by or resulting from Customer Equipment, or outages or issues occurring as a result of any actions taken by NCR Voyix at the request or direction of Customer; (div) outages initiated by NCR Voyix at the request or direction of Customer for backup, maintenance or other purposes; and (ev) any professional or supplemental services outside the scope of the services specifically described as being provided hereunder or under the Agreement. Such excluded services include, but are not limited to: (ia) content management; (iib) development or maintenance of Customer’s intranet web site; (iiic) management of non-standard interfaces; (ivd) custom data conversion services; (ve) system configuration services; (vi) application data maintenance (such as, but not limited to, pricebook, vendor, site, and product information maintenance); (vii) custom reporting requirements outside of those offered in the Hosted NCR Voyix Software; and (viii) hosting of any functionality other than the then-current functionality within the Hosted NCR Voyix Software. 2.8.8. NCR Voyix is not responsible for Customer’s failure to adhere to and fully comply with the applicable application management and hosting policies and procedures that Customer has been informed of. 2.8.9. The Hosting Web Site may contain hyperlinks to external internet sites, which are not under the control of NCR Voyix. NCR Voyix assumes no responsibility for the content or accuracy of information contained within such internet sites and the appearance of such hyperlinks does not constitute endorsement or sponsorship of, or affiliation with, the owners of such internet sites, nor the information, products, services and trademarks contained therein. 2.8.10. In order to maintain reasonable production data storage requirements and to ensure proper performance of the System, NCR Voyix may implement, in its sole discretion, limited data archival policies and procedures including periodic data purging of the System. Customer will be responsible for any and all retention of data, records or information required by law. 2.8.11. Any downtime of the System which results from circumstances reasonably believed by NCR Voyix to pose a significant threat to the normal operation of the Hosting Web Site, the System or the Hosted NCR Voyix Software, or access to or integrity of Customer data (e.g., hacker or virus attack) shall not count as System Downtime (as defined below) under this Schedule 2. In the event of such an interruption or shutdown, NCR Voyix will attempt to return the Hosting Services to normal operation as soon as reasonably practicable. 2.8.12. Customer acknowledges and agrees that NCR Voyix will not be liable for any errors or delays in Hosted Software, or for any actions taken in reliance thereon.;

Exclusions and Limitations. 2.8.1. NCR Voyix is not responsible for acts or omissions of Customer or its representatives that result in failure of or disruption to the System or access to the Hosted NCR Voyix Software. 2.8.2. Customer agrees that neither Customer nor its representatives shall attempt in any way to circumvent or otherwise interfere with any security precautions or measures of NCR Voyix relating to the Hosted NCR Voyix Software or the System. Any such attempts may, among other things, cause failure of, or disruption to, the System or the Hosted NCR Voyix Software. Any failure of or disruption to the System or the Hosted NCR Voyix Software resulting from a violation of this Section 2.8 shall not be considered Scheduled Downtime. 2.8.3. Customer will be responsible, and will indemnify NCR Voyix, for any damage or service interruptions caused by Customer or its representatives in violation of this Section 2.8 including, without limitation, any damage to any NCR Voyix equipment, or equipment managed for NCR Voyix by another third party in connection with the Hosting Services provided by NCR Voyix hereunder. 2.8.4. Customer agrees to compensate NCR Voyix, at its then-current professional services rates, for all remedial services or losses resulting from any violations of this Section 2.8. 2.8.5. NCR Voyix does not control the flow of data to or from the network and other portions of the internet. Such flow depends in large part on the performance of internet services provided or controlled by third parties. At times, actions or inactions of such third parties can impair or disrupt Customer’s connections to WKLUG SDUWLHV $W WLPHV DFWLRQV RU LQDFWLRQV RI the internet (or portions thereof). Although NCR Voyix will use commercially reasonable efforts to take the action it deems appropriate to remedy and avoid such events, NCR Voyix cannot guarantee that such events will not occur. Accordingly, NCR Voyix disclaims any and all liability resulting from or related to such events to the extent such events are not directly caused by NCR Voyix or any of its subcontractors or agents. 2.8.6. NCR Voyix is not responsible for unauthorized access to the Hosted NCR Voyix Software through Customer maintained usernames and passwords provided such unauthorized access was not directly caused by NCR Voyix or any of its subcontractors or agents. 2.8.7. NCR Voyix’s performance obligations concerning the Hosted NCR Voyix Software Voyix¶V SHUIRUPDQFH REOLJDWNCLRRVQoVyix SFoftRwaQreFHUQL specifically exclude the following: (ai) non-production or test web sites or systems, performance of public or private internet backbones or networks not directly managed by NCR VoyixVoyix LL RXWDJHV RU LVVX QHJOLJHQFH E\ &XVWRPHU¶V PLVXVsteHd NCRRUV oyiLx PSoSftwUaRre,XxXx Uby FRQ &XVWRPHU¶V IDLOXUH WR IROORZ GRFNXCRPVHoyQixWSHoftGwa reS; (b) outages or issues caused by Customer’s negligence, by Customer’s misuse or improper configuration of the Hosted NCR Voyix Software, or by Customer’s failure to follow documented procedures for the use of the Hosted NCR Voyix Software; (c) outages iUii)RouFtaHgeGs XUHV or issues caused by or resulting from Customer Equipment, or outages or issues occurring as a result of any actions taken by NCR Voyix at the request or direction of Customer; (div) outages initiated by NCR Voyix at the request or direction of Customer for backup, maintenance or other purposes; and (ev) any professional or supplemental services outside the scope of the services specifically described as being provided hereunder or under the Agreement. Such excluded services include, but are not limited to: (ia) content management; (iib) development or maintenance of Customer’s intranet web site; (iiior ( d) management of non-standard interfaces; (iv) custom data VcuLstoWmHd ata F conversion services; (ve) system configuration services; (vif) application data maintenance (such as, but not limited to, pricebook, vendor, site, and product information maintenance); (viig) custom reporting requirements outside of those offered in the Hosted NCR Voyix Software; and (viiih) hosting of any functionality other than the then-current functionality within the Hosted NCR Voyix Software. 2.8.8. NCR Voyix is not responsible for Customer’s failure to adhere to and fully comply with LV QRW UHVSRQVLEOH IRU &XVWRPHU¶V I the applicable application management and hosting policies and procedures that Customer has been informed of. 2.8.9. The Hosting Web Site may contain hyperlinks to external internet sites, which are not under the control of NCR Voyix. NCR Voyix assumes no responsibility for the content or accuracy of information contained within such internet sites and the appearance of such hyperlinks does not constitute endorsement or sponsorship of, or affiliation with, the owners of such internet sites, nor the information, products, services and trademarks contained therein. 2.8.10. In order to maintain reasonable production data storage requirements and to ensure proper performance of the System, NCR Voyix may implement, in its sole discretion, limited data archival policies and procedures including periodic data purging of the System. Customer will be responsible for any and all retention of data, records or information required by law. 2.8.11. Any downtime of the System which results from circumstances reasonably believed by NCR Voyix to pose a significant threat to the normal operation of the Hosting Web Site, the System or the Hosted NCR Voyix Software, or access to or integrity of Customer data (e.g., hacker or virus attack) shall not count as System Downtime (as defined below) under this Schedule 2. In the event of such an interruption or shutdown, NCR Voyix will attempt to return the Hosting Services to normal operation as soon as reasonably practicable. 2.8.12. Customer acknowledges and agrees that NCR Voyix will not be liable for any errors or delays in Hosted NCR Voyix Software, or for any actions taken in reliance thereon.