Common use of Exclusions to Maintenance Services Clause in Contracts

Exclusions to Maintenance Services. Supplier will have no obligation of any kind to provide Maintenance Services of any kind for problems in the operation or performance of the Software to the extent caused by any of the following (each, a “Customer-Generated Error”): (a) non-Supplier software or hardware products or use of the Software in conjunction therewith; (b) modifications to the Software made by any party without Supplier’s express written authorization; (c) Customer’s use of the Software other than as authorized in this Agreement or as provided in the documentation; or (d) Customer’s use of other than the most current version of the Software or any error corrections or updates thereto provided by Supplier. If Supplier determines that it is necessary to perform Maintenance Services for a problem in the operation or performance of the Software that is caused by a Customer-Generated Error, then Supplier will notify Customer thereof as soon as Supplier is aware of such Customer-Generated Error and Supplier will have the right to invoice Customer at Supplier’s then-current published time and materials rates for all such Maintenance Services performed by Supplier.

Exclusions to Maintenance Services. Supplier will have no obligation of any kind to provide Maintenance Services of any kind for problems in the operation or performance of the Software to the extent caused by any of the following (each, a “Customer-Generated Error”): (ai) non-Supplier software or hardware products or use of the Software in conjunction therewith; (bii) modifications to the Software made by any party without Supplier’s express written authorization; (ciii) Customer’s use of the Software other than as authorized in this Agreement or as provided in the documentation; or (div) Customer’s use of other than the most current version of the Software or any error corrections or updates thereto provided by Supplier. If Supplier determines that it is necessary to perform Maintenance Services for a problem in the operation or performance of the Software that is caused by a Customer-Generated Error, then Supplier will notify Customer thereof as soon as Supplier is aware of such Customer-Generated Error and Supplier will have the right to invoice Customer at Supplier’s then-current published time and materials rates for all such Maintenance Services performed by Supplier.