Exclusions from Maintenance Program Sample Clauses

Exclusions from Maintenance Program. OPIE is not responsible or liable for causes external to the Software, including but not limited to: (i) Customer’s failure to incorporate Maintenance Releases or New Version Releases; (ii) installation of the Software or any New Version Releases not in accordance with the documentation provided with the Software or New Version Releases; (iii) Customer’s use of the Software with any software or hardware other than the Supported Environment; (iv) problems resulting from use of the Software in a manner not permitted pursuant to Customer’s license; (v) modifications, alterations, or additions to the Software by Parties other than OPIE (including without limitation, modifications, alterations, or additions to the Software made by Customer, but including those authorized by OPIE or performed by its representatives or agents); or (vi) damage from any source other than OPIE including but not limited to water, humidity, fire, power surges, computer viruses, and accidents (“Excluded Services”). Any maintenance or services required to fix the Excluded Services will be billed to Customer on a time-and-materials basis in accordance with OPIE’s then current rates. Such services shall be set forth on a mutually agreed upon Statement of Work and provided to Customer pursuant to Exhibit A. Unless OPIE is hosting the Software at its data center, this maintenance program does not include maintenance in connection with or correcting Errors arising out of or related to a database management server or a web server or any other third- party component that is used in conjunction with the Software. OPIE may, but is not required to, provide Error Corrections for such Errors at its then current time and materials rates. Maintenance does not include Software installation, configuration or services provided on-site at Customer’s location. If OPIE is required or requested to travel to Customer’s facilities, any services will be provided at then current time and materials rates and Customer will reimburse OPIE for all reasonable travel expenses, including meals and lodging. Maintenance does not include problems or errors in modifications to the Software OPIE provides as a Service Deliverables pursuant to Exhibit A. Service Deliverables are provided with a warranty as set forth in Section 7(b) of this Agreement. OPIE is not responsible for restoring lost data or damage to Customer’s data base that result from Customer’s actions. If Customer desires to purchase upgrade services or other ...
Sample 1
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Exclusions from Maintenance Program. Uila is not responsible or liable for causes external to the Licensed Products (“Excluded Services”), including but not limited to: (i) Customer's failure to incorporate Releases; (ii) installation of any Software or any New Version Releases not in accordance with the Documentation provided with the Software or New Version Releases; (iii) Customer's use of any Licensed Product with any software or hardware other than the Supported Platform; (iv) problems resulting from use of any Licensed Product in a manner not permitted pursuant to Customer's license; (v) modifications, alterations, or additions to any Licensed Products by parties other than Uila (including without limitation, modifications, alterations, or additions to any Licensed Product made by Customer); or
Sample 1
Exclusions from Maintenance Program. Uila is not responsible or liable for causes external to the Licensed Products (“Excluded Services”), including but not limited to: (i) Customer's failure to incorporate Releases; (ii) installation of any Software or any New Version Releases not in accordance with the Documentation provided with the Software or New Version Releases; (iii) Customer's use of any Licensed Product with any software or hardware other than the Supported Platform; (iv) problems resulting from use of any Licensed Product in a manner not permitted pursuant to Customer's license; (v) modifications, alterations, or additions to any Licensed Products by parties other than Uila (including without limitation, modifications, alterations, or additions to any Licensed Product made by Customer); or (vi) damage from any source other than Uila including but not limited to computer viruses, and malware. Any maintenance or services required to fix the Excluded Services will be billed to Customer on a time-and-materials basis in accordance with Uila then current rates. Such services shall be set forth on a mutually agreed upon professional services agreement. Uila may, but is not required to, provide Error Corrections for such Errors at Uila then current time and materials rates. Maintenance does not include Software installation, configuration or services provided on-site at Customer's location. If Uila is required or requested to travel to Customer's facilities, any services will be provided at then current time and materials rates and Customer will reimburse Uila for all reasonable travel expenses, including meals and lodging. Maintenance does not include problems or errors in modifications to the Software Uila provides as a work product pursuant to a separate professional services engagement. Xxxx is not responsible for restoring lost data or damage to Customer's configuration that result from Customer's actions. If Customer desires to purchase upgrade services or other professional services from Uila outside the scope of the Maintenance in this Agreement, Uila will provide such professional services to Customer for a charge as set forth in a mutually agreed upon professional services agreement.
Sample 1

Related to Exclusions from Maintenance Program

  • Exclusions from Coverage The Long-Term Disability Plan does not cover total disabilities resulting from:

  • Exclusions and Limitations for Third Party Software SUBJECT TO THE EXCLUSION OF DAMAGES STATED IN SECTION 9.2 AND WITH RESPECT TO THIRD PARTY SOFTWARE, UNDER NO CIRCUMSTANCES AND REGARDLESS OF THE NATURE OF ANY CLAIM SHALL SAP OR ITS LICENSORS’ BE LIABLE FOR AN AMOUNT IN EXCESS OF THE PAID LICENSE FEES FOR THE THIRD PARTY SOFTWARE DIRECTLY CAUSING THE DAMAGES.

  • Maintenance Programme 17.4.1 On or before COD and no later than 45 (forty five) days prior to the beginning of each Accounting Year during the Operation Period, as the case may be, the Concessionaire shall provide to the Authority and the Independent Engineer, its proposed annual programme of preventive, urgent and other scheduled maintenance (the “Maintenance Programme”) to comply with the Maintenance Requirements, Maintenance Manual and Safety Requirements. Such Maintenance Programme shall include:

  • Selection of Subcontractors, Procurement of Materials and Leasing of Equipment The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract.

  • EXCLUSIONS FROM WARRANTY This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond Microsoft’s reasonable control.

  • Specific Provisions for Access Rights to Software For the avoidance of doubt, the general provisions for Access Rights provided for in this Section 9 are applicable also to Software. Parties’ Access Rights to Software do not include any right to receive source code or object code ported to a certain hardware platform or any right to receive respective Software documentation in any particular form or detail, but only as available from the Party granting the Access Rights.

  • Operation and Maintenance Manuals Receipts for transmittal of Operation and Maintenance Manuals, Brochures and Data to the Design Professional (or Commissioning Agent) as required by Section 6.1.1.5.

  • Selection of Subcontractors Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract.

  • Use of Sub-Contractors A framework of practical business provisions. Edit as you require. This ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ - ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ .

  • Installation, Maintenance, Testing and Repair Unless otherwise agreed in writing by the Parties, to the extent required by Applicable Law, Interconnection provided by a Party shall be equal in quality to that provided by such Party to itself, any subsidiary, affiliates or third party. If either Party is unable to fulfill its obligations under this Section 14.2, it shall notify the other Party of its inability to do so and will negotiate alternative intervals in good faith. The Parties agree that to the extent required by Applicable Law, the standards to be used by a Party for isolating and clearing any disconnections and/or other outages or troubles shall be at parity with standards used by such Party with respect to itself, any subsidiary, affiliate or third party.

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