Common use of EXCLUSIONS FROM SUPPORT SERVICES Clause in Contracts

EXCLUSIONS FROM SUPPORT SERVICES. Unless otherwise specified in the applicable Order or Exhibit A, Support Services do not include: (i) support outside of Xxxxx’x normal business hours; (ii) support for any software, hardware, networks or systems not provided to Customer by Xxxxx pursuant to an Order; (iii) assistance with de-installation or relocation of the Software (which may be provided separately pursuant to a separate services agreement or Statement of Work executed by the Parties); (iv) on-site or virtual training or assistance; (v) support necessitated as a result of Customer’s (or its Affiliates’, Authorized Users’ or Representatives’) own negligence; (vi) any modification, alteration or enhancement of the Software by anyone other than Xxxxx (or its Representatives); (vii) repetitive user error or repetitive basic operational, installation, configuration and/or training related inquiries; (viii) questions relating to or failures of any Third-Party Products (other than Third-Party Products embedded in and delivered by Xxxxx to Customer with the Software); (viii) failures for which Xxxxx has developed an Update to resolve which it has made available to Customer directly or made available generally to Xxxxx’x other customers which have not been implemented by Customer; (ix) support for any Software labeled in the applicable Order as a “beta” or “pre-release” version; (x) support for any Software that is not either the then-current version of the Software or a prior version of the Software that was released within the preceding 12 months; or (xi) performance of any training, professional, implementation, customization or consulting services, including, without limitation, custom test development or feature file authoring related to the Software (which may be provided separately pursuant to a separate services agreement or Statement of Work executed by the Parties).

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

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EXCLUSIONS FROM SUPPORT SERVICES. Unless otherwise specified in the applicable Order or Exhibit A, Support Services do not include: : (i) support outside of Xxxxx’x Company’s normal business hours; (ii) support for any software, hardware, networks or systems not provided to Customer by Xxxxx Company pursuant to an Order; (iii) assistance with de-installation or relocation of the Software (which may be provided separately pursuant to a separate services agreement or Statement of Work executed by the Parties); (iv) on-site or virtual training or assistance; (v) support necessitated as a result of Customer’s (or its Affiliates’, Authorized Users’ or Representatives’) own negligence; (vi) any modification, alteration or enhancement of the Software by anyone other than Xxxxx Company (or its Representatives); (vii) repetitive user error or repetitive basic operational, installation, configuration and/or training related inquiries; (viii) questions relating to or failures of any Third-Party Products (other than Third-Party Products embedded in and delivered by Xxxxx Company to Customer with the Software); (viii) failures for which Xxxxx Company has developed an Update to resolve which it has made available to Customer directly or made available generally to Xxxxx’x Company’s other customers which have not been implemented by Customer; (ix) support for any Software labeled in the applicable Order as a “beta” or “pre-release” version; (x) support for any Software that is not either the then-current version of the Software or a prior version of the Software that was released within the preceding 12 months; or (xi) performance of any training, professional, implementation, customization or consulting services, including, without limitation, custom test development or feature file authoring related to the Software (which may be provided separately pursuant to a separate services agreement or Statement of Work executed by the Parties).

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

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