Common use of Service Exclusions Clause in Contracts

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 You request Hitachi to provide additional services not covered under these WMS Terms or any other services which Hitachi reasonable determines to be subject to the Service exclusions or otherwise “out of scope”, Hitachi may, at its sole discretion, agree to provide such services to You at Hitachi's then current rates or on a quoted, fixed fee basis.

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 HitachiXxxxxxx; (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 Xxxxxxx; 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;ƚŚĞ ŵĂŝŶƚĞŶĂŶĐĞ Žƌ ƐƵƉƉŽƌƚ ŽĨ WƌŽĚƵĐƚƐ͕ ŝŶĐůƵĚŝŶŐ ƐƚĂƚƵƐ͕ ŽƚŚĞƌ ƚŚĂŶ ĂƐ ĞdžƉƌĞƐƐůLJ ƐƚĂƚĞĚ ŝŶ ƚŚĞƐĞ tD^ (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 ƉƵƌƉŽƐĞƐ ƵŶůĞƐƐ ,ŝƚĂĐŚŝ ĞdžƉůŝĐŝƚůLJ ĂŐƌĞĞƐ ƚŽ ƉƌŽǀŝĚ 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 You request Hitachi to provide additional services not covered under these WMS Terms or any other services which Hitachi reasonable determines to be subject to the Service exclusions or otherwise “out of scope”, Hitachi may, at its sole discretion, agree to provide such services to You at Hitachi's then current rates or on a quoted, fixed fee basis.

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 HitachiXxxxxxx; (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 HitachiXxxxxxx; (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 Xxxxxxx 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 You request Hitachi to provide additional services not covered under these WMS Terms or any other services which Hitachi reasonable determines to be subject to the Service exclusions or otherwise “out of scope”, Hitachi may, at its sole discretion, agree to provide such services to You at Hitachi's then current rates or on a quoted, fixed fee basis.

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;ƚŚĞ ŵĂŝŶƚĞŶĂŶĐĞ Žƌ ƐƵƉƉŽƌƚ ŽĨ WƌŽĚƵĐƚƐ͕ ŝŶĐůƵĚŝŶŐ ƐƚĂƚƵƐ͕ ŽƚŚĞƌ ƚŚĂŶ ĂƐ ĞdžƉƌĞƐƐůLJ ƐƚĂƚĞĚ ŝŶ ƚŚĞƐĞ tD^ (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 ƉƵƌƉŽƐĞƐ ƵŶůĞƐƐ ,ŝƚĂĐŚŝ ĞdžƉůŝĐŝƚůLJ ĂŐƌĞĞƐ ƚŽ ƉƌŽǀŝĚ 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 You request Hitachi to provide additional services not covered under these WMS Terms or any other services which Hitachi reasonable determines to be subject to the Service exclusions or otherwise “out of scope”, Hitachi may, at its sole discretion, agree to provide such services to You at Hitachi's then current rates or on a quoted, fixed fee basis.