Common use of HARDWARE, EQUIPMENT, AND SOFTWARE Clause in Contracts

HARDWARE, EQUIPMENT, AND SOFTWARE. Unless purchased from NEC or one of its affiliates pursuant to a separate written agreement, You are responsible for and must provide all hardware, software, services and other components necessary to access and use the Services. NEC makes no representations, warranties, or assurances that third party hardware, software, services and other components will be compatible with any Service. NEC reserves the right to change or upgrade any equipment or software that it uses to provide the Services without notice to You. NEC will install security patches, updates, upgrades and service packs (“Updates”) as it determines in its sole discretion, and reserves the right, but not the obligation, to roll back any Updates. Updates may change system behavior and functionality and as such may negatively affect the Services used by You. NEC cannot foresee nor be responsible or liable for service disruption or changes in functionality or performance due to Updates. NEC is not responsible or liable for issues that may arise from incompatibilities between Your Data and use of the Services and any Update or hardware or software change or configuration, regardless of whether discretionary or requested.