Common use of Service Levels, Sole Remedy Clause in Contracts

Service Levels, Sole Remedy. BlueCat will make the Cloud Service and the cloud service portions of the DNS Flex Service, in each case as ordered by Customer, available to Customer in accordance with the applicable Service Level Schedule. BlueCat’s obligations in the Service Level Schedule do not apply to the extent: (a) Customer’s system does not meet the minimum requirements listed in the Documentation to support the applicable BlueCat Offering; (b) Customer has breached or continues to breach this Agreement; and (c) the Service Availability (as defined in the Service Level Schedule) is impacted by Customer’s failure to incorporate or utilize any recommendations or data produced by the applicable BlueCat Offering (e.g. security recommendations emanating from the applicable BlueCat Offering). The remedies listed in the Service Level Schedule are Customer’s sole remedy and BlueCat’s sole obligation for any failure of the Cloud Service or the cloud service portions of the DNS Flex Service. All other Cloud Services are provided “as is”, per the disclaimer in Section 6.4.

Service Levels, Sole Remedy. BlueCat will make the Cloud Service and the cloud service portions of the DNS Flex Service, in each case as ordered by Customer, available to Customer in accordance with the applicable Service Level Schedule. BlueCat’s obligations in the Service Level Schedule do not apply to the extent: (a) Customer’s system does not meet the minimum requirements listed in the Documentation to support the applicable BlueCat Offering; (b) Customer has breached or continues to breach this Agreement; and (c) the Service Availability (as defined in the Service Level Schedule) is impacted by Customer’s failure to incorporate or utilize any recommendations or data produced by the applicable BlueCat Offering (e.g. security recommendations emanating from the applicable BlueCat Offering). The remedies listed in the Service Level Schedule are Customer’s sole remedy and BlueCat’s sole obligation for any failure of the Cloud Service or the cloud service portions of the DNS Flex Service. All other Cloud Services are provided “as is”, per the disclaimer in Section 6.4.