Representations and Warranties for Services (excluding Professional Services). Nexthink warrants that, during the Order Term, the Services will substantially conform to the specifications contained in the Documentation. Nexthink’s sole responsibility under this limited warranty shall be to use commercially reasonable efforts to correct or replace the portion of the Services which fail to conform to such limited warranty, provided, however, that Customer has reported in writing to Nexthink any defect or error claimed to be a breach of such warranty. The foregoing limited warranties shall not be effective in any of the following cases: (i) Customer, an Authorized User or any third party acting on Customer’s behalf modifies or misuses the Services; (ii) Customer fails to give Nexthink written notice of the claimed breach of warranty in a timely manner; (iii) the failure to conform is caused in whole or part by persons other than Nexthink, or by products, equipment, software, services or operating environments not furnished by Nexthink; or (iv) Customer fails to implement any correction, update, enhancement, improvement, expansion or revision thereto which Nexthink has provided to Customer. Customer shall be exclusively responsible for the supervision, management and control of Customer’s and each Authorized User’s use of the Services and for the application of the Services to Customer’s business.
