Service Exclusions. All of an Employee's years of Service with the Employer shall be counted to determine the vested interest of such Employee except:
Service Exclusions. The Contractor shall not be responsible for any repairs necessitated by abuse, neglect, vandalism, Acts of God, fire or water. These repairs shall be the subject of a separate purchase order and shall not be performed under this contract.
Service Exclusions. Maintel shall not be liable for any third party costs, expenses or charges incurred or imposed on the Customer that have not emanated directly from any instructions given by Maintel, as a result of this Agreement.
Service Exclusions. This agreement does not include service coverage for any device that has been physically damaged, abused, or used for a purpose other than its intended use regardless of coverage level.
Service Exclusions. In addition to the Service Exclusions set forth in the Agreement, the following Service Exclusions apply to Services.
7.1 Any combining of the System with a non-qualified device. A non-qualified device is:
7.1.1 Any product (hardware, firmware, software, or cabling) not supplied and supported by Philips, whether used internal or external to System without Philips’ approval. Examples include, software patches, security fixes, and service packs from the operating system, web browser, or database software manufacturer(s), for example, monitoring software;
7.1.2 Any product supplied by Philips that has been modified by the Customer or any third party;
7.1.3 Any product maintained under this Agreement in which the Customer does not allow Philips to incorporate engineering improvements; or
7.1.4 Any product that has reached its “End of Life”. “End of Life” means software and or hardware equipment that has surpassed the published end of support life date by the original equipment manufacturer.
Service Exclusions. (a) Without limiting the operation of any other part of the WMS Terms, Hitachi is not obligated to provide any Services to You, or otherwise remedy any Defects in Products, and Hitachi is not responsible for any lost or damaged data due to:
(i) accident, natural disaster, Your neglect of Products, or other use of Products outside of normal and ordinary use;
(ii) Your failure to maintain an environmentally controlled data center with a suitable operating environment for the Products on terms that Hitachi specifies or otherwise agrees to, including failure of electrical power, air conditioning and humidity control, environmental contaminants, noise levels above 85dB(A) or unreasonable or excessive vibrations;
(iii) Your failure to provide any of the required items under Sections 8(b) or 16 of these WMS Terms;
(iv) Your failure to install or enable Hitachi to install any items that are necessary for the provision of the Services or to provide Hitachi with necessary service clearances;
(v) any interference, alterations, additions, modifications or substitutions to any Product or to Your systems or operating environment connected to the Product that are made by You or on Your behalf, unless authorized by Hitachi;
(vi) Your failure to make Updates required or recommended by Hitachi or to install the most recent mandatory Updates or Patches and Fixes for the software or any modification, enhancement or customization of software made by You or on Your behalf and not authorized by Hitachi;
(vii) any other act or omission of any person other than Hitachi or Hitachi’s sub-contractor, which person includes an ASP or third party cloud service provider.
(b) Without limiting the operation of sub-section (a), the following services are also expressly excluded from the Scope of Services, and Hitachi will not be responsible for:
(i) the maintenance or support of Products, including software versions, which have reached “End of Life” status, other than as expressly stated in these WMS Terms or in Hitachi’s End of Life policy;
(ii) the maintenance or support of Products that you are given for testing, proof of concept or evaluation purposes unless Hitachi explicitly agrees to provide all or some Services for such Products, at Hitachi’s sole discretion;
(iii) the maintenance or support of any third-party Products that are subject to a separate third-party support agreement; and
(iv) the diagnosis and/or rectification of Defects that are not associated with the Products.
(c) If...
Service Exclusions. Unless specified in any Order Form or otherwise agreed in writing, the following items are not part of Services provided under this agreement and shall remain the sole responsibility of the Customer 1. maintenance, support, management, licensing, authorisations or consents in connection with any Customer Data, Customer Personal Data or any Customer database 2. documentation, configuration, testing, maintenance, support, ongoing development work for or installation or Enhancements of the Software or any applicable Third Party Software other than new developments or releases of the Software or Third Party Software that TNP, in its absolute sole discretion, agrees to install and support under this agreement for access and use by the Customer during any Subscription Period
Service Exclusions. The Services do not include:
Service Exclusions. Without limitation, the scope of Dell’s fault diagnostics and In-Home Hardware Service does not include support for the following: • General usage and “how to” questions with Dell factory-installed software over 30 days. • Configuration and diagnosis of the Dell factory-installed operating system or factory-installed applications for use with customer-installed applications and hardware. • Configuration, installation and validation of non-Dell supplied operating systems, software, applications or drivers/fixes over 30 days. • Commercial upgrades whether purchased from Dell or not, e.g. Microsoft® Office XP Pro upgrade. • Configuration of all communication software, unless required for troubleshooting. • All non-Dell supplied hardware and peripherals, their installation and compatibility with Dell branded hardware. The original manufacturer of the product provides support. • Dell supplied software and peripherals, unless otherwise specified. • BIOS/Firmware upgrades for non-Dell branded systems, unless part of fault resolution. • Invalid software and hardware configurations. • Backing up and restoring customer’s data. • Customer applications and data. • Unnecessary work in Dell's assessment. • Consumables and wear and tear to items such as plastics and diskettes. • Non-critical failures that fall within industry specified tolerances e.g. noise, individual LCD pixels. • Games and add-on packages from date of purchase (e.g. educational packs). • Preventative maintenance. • Repair of system after virus infection other than installation of the operating system to the default Dell factory settings. • Custom factory integration items over 30 days will not be supported unless specifically agreed in a separate writing by Dell.
Service Exclusions a. Customer acknowledges and agrees that it shall not permit anyone other than personnel who are approved by or acting under the guidance of XXXXXX (“Authorized Personnel”) to attempt to repair, replace, or otherwise provide maintenance services with respect to the Internet Access Equipment and Licensed Software.
i. To the extent that anyone other than Authorized Personnel attempts to repair or replace Internet Access Equipment or to perform maintenance services on the Internet Access Equipment, SONIFI shall not be liable to Customer or its affiliates and subsidiaries and their respective owners, shareholders, members, partners, officers, employees, contractors, agents, guests or invitees for any resulting loss or damage, or the costs of Internet Access Equipment repair or replacement, and remediation of or compensation for such loss or damage, including without limitation: (a) loss of or damage to the Internet Access Equipment or Licensed Software, or loss of or diminishment to Internet Access Equipment features and functions;
