Common use of MAINTENANCE AND SUPPORT SERVICES EXCLUSIONS Clause in Contracts

MAINTENANCE AND SUPPORT SERVICES EXCLUSIONS. DI will not be obligated to provide Maintenance and Support Services if: (a) Customer fails to provide DI all information, technical assistance, and access to the computing device on which the Software is installed and any other equipment and personnel necessary to assist DI; (b) the Software is not Used in accordance with the applicable Documentation; (c) any Software Error malfunction or defect reported by Customer is found by DI to be due to a cause other than the Software or Updates as delivered by DI; (d) Customer has not installed the Updates in a timely manner (see the Updates and Driver Updates sections above); or (e) the Software Error, malfunction, or defect cannot be reproduced. If any such non- Software error, malfunction, or defect may reasonably be corrected by DI, DI may correct it at Customer’s request, subject to resource availability, for reasonable service charges, agreed to by Customer and DI. Examples of non- Software Errors, malfunctions, defects, associated materials, or services outside the scope of Maintenance and Support Services include but are not limited to the following: a) Troubleshooting of Customer’s computer hardware, operating system, system monitoring software, Malware software, or network; b) Database management including but not limited to database backups, database archiving, database disk utilization monitoring, database patching, database upgrades; c) Set up of Customer-provided equipment; d) Troubleshooting Additional Software; e) Troubleshooting Additional Software issues; f) Data modification caused by Customer error or host computer system error; g) Customer-requested modifications to the Documentation; h) Customer account management (e.g. password resets).

Appears in 3 contracts

Samples: Agreement for Instrument Manager™ (Subscription) Maintenance and Support Services, Maintenance and Support Services Agreement, Maintenance and Support Services Agreement

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MAINTENANCE AND SUPPORT SERVICES EXCLUSIONS. DI will not be obligated to provide Maintenance and Support Services if: (a) Customer fails to provide DI all information, technical assistance, and access to the computing device on which the Software is installed and any other equipment and personnel necessary to assist DI; (b) the Software is not Used in accordance with the applicable Documentation; (c) any Software Error malfunction or defect reported by Customer is found by DI to be due to a cause other than the Software or Updates as delivered by DI; (d) Customer has not installed the Updates in a timely manner (see the Updates and Driver Updates sections above); or (e) the Software Error, malfunction, or defect cannot be reproduced. If any such non- non-Software error, malfunction, or defect may reasonably be corrected by DI, DI may correct it at Customer’s request, subject to resource availability, for reasonable service charges, agreed to by Customer and DI. Examples of non- non-Software Errors, malfunctions, defects, associated materials, or services outside the scope of Maintenance and Support Services include but are not limited to the following: a) Troubleshooting of Customer’s computer hardware, operating system, system monitoring software, Malware software, or network; b) Database management including but not limited to database backups, database archiving, database disk utilization monitoring, database patching, database upgrades; c) Set up of Customer-provided equipment; d) Troubleshooting Additional Software; e) Troubleshooting Additional Software issues; f) Data modification caused by Customer error or host computer system error; g) Customer-requested modifications to the Documentation; h) Customer account management (e.g. password resets).

Appears in 1 contract

Samples: Maintenance and Support Services Agreement

MAINTENANCE AND SUPPORT SERVICES EXCLUSIONS. DI will not be obligated to provide Maintenance and Support Services if: (a) Customer fails to provide DI all information, technical assistance, assistance and access to the computing device on which the Software is installed and any other equipment and personnel necessary to assist DI; (b) the Software is not Used in accordance with the applicable Documentation; (c) any Software Error error, malfunction or defect reported by Customer is found by DI to be due to a cause other than the Software or Updates modifications as delivered by DI; or (d) Customer has not installed the Updates in a timely manner (see the Updates and Driver Updates sections above); or (e) the Software Errorerror, malfunction, or defect cannot be reproduced. If any such non- non-Software error, malfunction, or defect may reasonably be corrected by DI, DI may correct it at Customer’s request, subject to resource availability, for reasonable service charges, agreed to by Customer and DI. Examples of non- non-Software Errorserrors, malfunctions, defects, associated materials, or services outside the scope of Maintenance and Support Services include but are not limited to the following: a) Troubleshooting of Customer’s computer hardware, operating system, system monitoring software, Malware virus/malware software, or network;. b) Database management including but not limited to database backups, database archiving, database disk utilization monitoring, database patching, database upgrades;. c) Set up of Customer-provided equipment;. d) Troubleshooting Additional Software;Third Party Software not sold/distributed by DI. e) Troubleshooting Additional Third Party Software issues;sold by DI but the Customer does not have separate Third Party Software maintenance and support agreement through DI. f) Data modification caused by Customer error or host computer system error;. g) Customer-requested modifications to the Documentation; h) Customer account management (e.g. password resets).

Appears in 1 contract

Samples: Subscription Services Agreement

MAINTENANCE AND SUPPORT SERVICES EXCLUSIONS. DI will not be obligated to provide Maintenance and Support Services if: (a) Customer fails to provide DI all information, technical assistance, assistance and access to the computing device on which the Software is installed and any other equipment and personnel necessary to assist DI; (b) the Software is not Used in accordance with the applicable Documentation; (c) any Software Error malfunction or defect reported by Customer is found by DI to be due to a cause other than the Software or Updates as delivered by DI; (d) Customer has not installed the Updates in a timely manner (see the Updates and Driver Updates sections above); or (e) the Software Error, malfunction, or defect cannot be reproduced. If any such non- Software error, malfunction, or defect may reasonably be corrected by DI, DI may correct it at Customer’s request, subject to resource availability, for reasonable service charges, agreed to by Customer and DI. Examples of non- Software Errors, malfunctions, defects, associated materials, or services outside the scope of Maintenance and Support Services include but are not limited to the following: a) Troubleshooting of Customer’s computer hardware, operating system, system monitoring software, Malware software, or network; b) Database management including but not limited to database backups, database archiving, database disk utilization monitoring, database patching, database upgrades; c) Set up of Customer-provided equipment; d) Troubleshooting Additional Software; e) Troubleshooting Additional Software issues; f) Data modification caused by Customer error or host computer system error; g) Customer-requested modifications to the Documentation; h) Customer account management (e.g. password resets).;

Appears in 1 contract

Samples: Master Agreement

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MAINTENANCE AND SUPPORT SERVICES EXCLUSIONS. DI will not be obligated to provide Maintenance and Support Services if: (a) Customer fails to provide DI all information, technical assistance, and access to the computing device on which the Software is installed and any other equipment and personnel necessary to assist DI; (b) the Software is not Used in accordance with the applicable Documentation; (c) any Software Error malfunction or defect reported by Customer is found by DI to be due to a cause other than the Software or Updates as delivered by DI; (d) Customer has not installed the Updates in a timely manner (see the Updates and Driver Updates sections above); or (e) the Software Error, malfunction, or defect cannot be reproduced. If any such non- Software error, malfunction, or defect may reasonably be corrected by DI, DI may correct it at Customer’s request, subject to resource availability, for reasonable service charges, agreed to by Customer and DI. Examples of non- Software Errors, malfunctions, defects, associated materials, or services outside the scope of Maintenance and Support Services include but are not limited to the following: a) Troubleshooting of Customer’s computer hardware, operating system, system monitoring software, Malware software, or network; b) Database management including but not limited to database backups, database archiving, database disk utilization monitoring, database patching, database upgrades; c) Set up of Customer-provided equipment; d) Troubleshooting Additional Software; e) Troubleshooting Additional Software issues; f) Data modification caused by Customer error or host computer system error; g) Customer-requested modifications to the Documentation; h) Customer account management (e.g. password resets).;

Appears in 1 contract

Samples: General Terms and Conditions

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