Incidents Excluded from Support. Notwithstanding any provision herein or in the applicable Support Plan, Support Services do not include assistance with any of the following: (a) Products not manufactured or licensed by SanDisk or Incidents caused by third party technology, including but not limited to changes to the operating system or the hardware environment in which a Product operates; (b) Products that have been improperly installed or that have been modified by someone other than an authorized SanDisk representative; (c) Products damaged - whether by fire, water, humidity, virus, impact, power surge or otherwise - unless such damage is the result of the gross negligence or willful misconduct of SanDisk, its agents or employees; (d) Products obtained from any party other than SanDisk or an authorized SanDisk reseller or distributor; (e) Products that SanDisk no longer supports; (f) Products used in a manner other than for which they were designed or licensed; (g) Incidents caused by the use of a Product in an environment not specified in the applicable Product documentation; and (h) Incidents that are a failure to implement a Software Release made available by SanDisk.
Appears in 2 contracts
Samples: Support Services Agreement, Support Services Agreement
Incidents Excluded from Support. Notwithstanding any provision herein or in the applicable Support Plan, Support Services do not include assistance with any of the following: (a) Products not manufactured or licensed by SanDisk Provider or Incidents caused by third party technology, including but not limited to changes to the operating system or the hardware environment in which a Product operates; (b) Products that have been improperly installed or that have been modified by someone other than an authorized SanDisk representative; representative of Provider;
(c) Products damaged - whether by fire, water, humidity, virus, impact, power surge or otherwise - unless such damage is the result of the gross negligence or willful misconduct of SanDiskProvider, its or the agents or employeesemployees of Provider; (d) Products obtained from any party other than SanDisk Provider or an authorized SanDisk reseller or distributordistributor of Provider; (e) Products that SanDisk Provider no longer supports; (f) Products used in a manner other than for which they were designed or licensed; (g) Incidents caused by the use of a Product in an environment not specified in the applicable Product documentation; and (h) Incidents that are a failure to implement a Software Release made available by SanDiskProvider.
Appears in 2 contracts
Samples: Support Services Agreement, Fee for Service Support Agreement