Remote Monitoring Services. (a) The Services include remote diagnostic and monitoring services on eligible equipment, using Hitachi’s proprietary remote monitoring tools and related Documentation, including but not limited to Hitachi Remote Ops, Hitachi Ops Center Clear Sight, and Hitachi SVOS cloud connector, as applicable (“Remote Monitoring Services”). All right, title and interest in the Remote Monitoring Services, and in all material that is used to provide those services, remain with Hitachi or its licensors and You do not get any licensed rights. (b) Hitachi will not charge You for the supply of the Remote Monitoring Services, but You must provide and maintain, at Your cost, all telecommunications lines, monitor, PC, modem and access required for Hitachi to implement and provide the Remote Monitoring Services. In some instances, You will be required to opt-in to receive certain features of the Remote Monitoring Services. By opting-in, You agree to any updates to the Remote Monitoring Services. Remote diagnostic or monitoring services other than the Remote Monitoring Services may be provided for certain eligible equipment, which does not prompt any Service activity or call logging with Hitachi. For more details, please refer to the Service Descriptions. (c) Hitachi will maintain the confidence of all passwords that You provide to Hitachi for the access and use of the Remote Monitoring Services. Hitachi may collect, use, and transfer telemetry data created by and derived from Remote Monitoring Services to its Affiliates for purposes of product and/or services monitoring, delivery, improvement, testing, and development. (d) If You refuse to allow Hitachi to provide, fail to sign up for, or otherwise disable or interfere with the Remote Monitoring Services in any way, You acknowledge that Hitachi will be prevented from providing the remote diagnostic and monitoring services that are essential to the supply of Services and critical notifications, as applicable, including security breach notifications. In such circumstances, Hitachi will not be liable for any failure to meet service level response time commitments or other performance warranties, nor for any delays in providing the Services in accordance with these WMS Terms. Hitachi may use reasonable efforts to assist You with the rectification of any Defects that You notify Hitachi, but any efforts which are based on, or otherwise rely on assessments or information that You, or anyone on Your behalf has provided to Hitachi, will be at Your risk. Hitachi may charge You an additional fee to provide the Services in such circumstances. (e) If the Agreement or Your separate services contract with an ASP or the supply of any Services is terminated or expires, You will allow Hitachi to disable the Remote Monitoring Services and de-install and remove all material on Your premises used by Hitachi to provide the terminated services. Hitachi may terminate access to the Remote Monitoring Services for systems that are not under valid support coverage.
Appears in 3 contracts
Samples: Solution Framework Agreement, Solution Framework Agreement, Solution Framework Agreement
Remote Monitoring Services. (a) The Services include remote diagnostic and monitoring services on eligible equipment, using Hitachi’s proprietary remote monitoring tools and related Documentation, including but not limited to Hitachi Remote Ops, Hitachi Ops Center Clear Sight, and Hitachi SVOS cloud connector, as applicable (“Remote Monitoring Services”). All right, title and interest in the Remote Monitoring Services, and in all material that is used to provide those services, remain with Hitachi or its licensors and You do not get any licensed rights.
(b) Hitachi will not charge You for the supply of the Remote Monitoring Services, but You must provide and maintain, at Your cost, all telecommunications lines, monitor, PC, modem and access required for Hitachi to implement and provide the Remote Monitoring Services. In some instances, You will be required to opt-in to receive certain features of the Remote Monitoring Services. By opting-opting- in, You agree to any updates to the Remote Monitoring Services. Remote diagnostic or monitoring services other than the Remote Monitoring Services may be provided for certain eligible equipment, which does not prompt any Service activity or call logging with Hitachi. For more details, please refer to the Service Descriptions.
(c) Hitachi will maintain the confidence of all passwords that You provide to Hitachi for the access and use of the Remote Monitoring Services. Hitachi may collect, use, and transfer telemetry data created by and derived from Remote Monitoring Services to its Affiliates for purposes of product and/or services monitoring, delivery, improvement, testing, and development.
(d) If You refuse to allow Hitachi to provide, fail to sign up for, or otherwise disable or interfere with the Remote Monitoring Services in any way, You acknowledge that Hitachi will be prevented from providing the remote diagnostic and monitoring services that are essential to the supply of Services and critical notifications, as applicable, including security breach notifications. In such circumstances, Hitachi will not be liable for any failure to meet service level response time commitments or other performance warranties, nor for any delays in providing the Services in accordance with these WMS Terms. Hitachi may use reasonable efforts to assist You with the rectification of any Defects that You notify Hitachi, but any efforts which are based on, or otherwise rely on assessments or information that You, or anyone on Your behalf has provided to Hitachi, will be at Your risk. Hitachi may charge You an additional fee to provide the Services in such circumstances.
(e) If the Agreement or Your separate services contract with an ASP or the supply of any Services is terminated or expires, You will allow Hitachi to disable the Remote Monitoring Services and de-install and remove all material on Your premises used by Hitachi to provide the terminated services. Hitachi may terminate access to the Remote Monitoring Services for systems that are not under valid support coverage.
Appears in 2 contracts
Samples: Master Agreement, Warranty and Maintenance and Support Terms
Remote Monitoring Services. (a) The Maintenance and Support Services include remote diagnostic and monitoring services on eligible equipment, using Hitachi’s proprietary remote monitoring tools and related Documentation, including but not limited to Hitachi Remote Ops, Hitachi Ops Center Clear Sight, and Hitachi SVOS cloud connectorServices, as applicable (“Remote Monitoring Services”)applicable. All right, title and interest in the Hitachi Remote Monitoring Ops Services, and in including all material that is used to provide those servicesthe Hitachi Remote Ops Services, remain with is retained by Hitachi or its licensors licensors, and You do not get any licensed rightsrights in it.
(b) Hitachi will not charge You a fee for the supply of the Hitachi Remote Monitoring Ops Services, but You must provide and maintain, at Your cost, all telecommunications lines, monitor, PC, modem and access required for Hitachi to implement and provide the Hitachi Remote Monitoring Ops Services. In some instances.
(c) If the Agreement (or the supply of any Maintenance and Support Services under it) or Your separate services contract with a Hitachi ASP is terminated, You will be required allow Hitachi to optdisable the Hitachi Remote Ops Services and de-in install and remove all material on Your premises used by Hitachi to receive certain features provide the terminated services.
(d) In providing Hitachi Remote Ops Services to You, Hitachi does not access Your data. Hitachi will maintain the confidence of all passwords that You provide to Hitachi for the supply of the Hitachi Remote Monitoring Ops Services. By opting-in, You agree to any updates to the .
(e) Remote Monitoring Services. Remote diagnostic or monitoring services other than the Hitachi Remote Monitoring Ops Services may be provided for certain eligible equipmentEquipment, which does not prompt any Service activity or call logging with Hitachi. For more details, please refer to the Service Descriptions.
(c) Hitachi will maintain the confidence of all passwords that You provide to Hitachi for the access and use of the Remote Monitoring Services. Hitachi may collect, use, and transfer telemetry data created by and derived from Remote Monitoring Services to its Affiliates for purposes of product and/or services monitoring, delivery, improvement, testing, and development.
(df) If You refuse to allow Hitachi to provideprovide the Hitachi Remote Ops Services, fail to sign up forfor the Hitachi Remote Ops Services, or otherwise disable or interfere with the Hitachi Remote Monitoring Ops Services in any wayon the Equipment, You acknowledge that Hitachi will be prevented from providing the remote diagnostic and monitoring services that are essential to the its supply of Maintenance and Support Services and critical notifications as applicable (including, but not limited to Security Breach notifications, as applicable, including security breach notifications). In such circumstances, Hitachi will not be liable for any failure to meet service level response time commitments or other performance service warranties, nor for any delays in providing the Maintenance and Support Services in accordance with these WMS Terms. Hitachi may use reasonable efforts to assist You with the rectification of any Defects that of which You notify Hitachi, but any efforts which are based on, or otherwise rely on assessments or information that You, or anyone on Your behalf has provided to Hitachi, will be at Your risk. Hitachi may charge You an additional fee to provide the Maintenance and Support Services in such circumstances.
(e) If the Agreement or Your separate services contract with an ASP or the supply of any Services is terminated or expires, You will allow Hitachi to disable the Remote Monitoring Services and de-install and remove all material on Your premises used by Hitachi to provide the terminated services. Hitachi may terminate access to the Remote Monitoring Services for systems that are not under valid support coverage.
Appears in 1 contract