Common use of Limitations on Support Services Clause in Contracts

Limitations on Support Services. 3.3.1. NetBrain shall not maintain or support any Third Party Software. 3.3.2. NetBrain shall provide Support Services only with respect to the two (2) most recent released Upgrades of the Programs. 3.3.3. In the event that while diagnosing or fixing problems for Customer as part of Support Services, NetBrain determines, in its sole discretion, that such problem(s) is/are not caused by the Programs, or are not covered by this Agreement (hereinafter “Out-of-Scope Support”), that NetBrain will immediately stop working on such problem(s) until Customer has entered into a professional services agreement with NetBrain for such services. For the avoidance of doubt, NetBrain will be under no obligation to provide Support Services for such Out-of-Scope Support determined hereunder, and its failure to do so shall not be deemed a breach hereunder.

Limitations on Support Services. 3.3.1. NetBrain shall not maintain or support any Third Party SoftwareSoftware that is not distributed within the NetBrain Programs. 3.3.2. NetBrain shall provide Support Services only with respect to the two (2) most recent released Upgrades of the Programs. 3.3.3. In the event that while diagnosing or fixing problems for Customer as part of Support Services, NetBrain determines, in its sole discretion, that such problem(s) is/are not caused by the Programs, or are not covered by this Agreement (hereinafter “Out-of-Scope Support”), that NetBrain will immediately stop working on such problem(s) until Customer has entered into a professional services agreement with NetBrain for such services. For the avoidance of doubt, NetBrain will be under no obligation to provide Support Services for such Out-of-Scope Support determined hereunder, and its failure to do so shall not be deemed a breach hereunder.