Common use of Services Software Clause in Contracts

Services Software. “Services Software” is software that Dell may make available to Partner and End User in connection with Services. Services Software may be hosted by Dell or its Affiliate or installed on End User’s computers. Partner agrees that, and it will notify End User in an End User Agreement that, End User shall (i) only use the Services Software in connection with the Services, (ii) use any Services Software hosted by Dell in a lawful manner, without interfering with other Dell customers’ use of the Services Software, and without attempting to disrupt the security or operation of the network or systems used to provide the Services Software; and (iii) not misappropriate, disclose, or otherwise violate Dell’s or Dell’s licensors’ or suppliers’ intellectual property rights in the Services Software. It may be necessary for Dell to perform scheduled or unscheduled repairs or maintenance, or remotely patch or upgrade the Services Software, which may temporarily degrade the quality of the Services or result in a partial or complete outage of the Services Software. Partner agrees, and will ensure End User agrees, that (1) the operation and availability of the systems used for accessing and interacting with the Services Software, including telephone, computer networks, and the internet, or to transmit information, can be unpredictable and may, from time to time, interfere with or prevent access to or use or operation of such services software and (2) Dell parties shall not be liable for any such interference with or prevention of Partner or End User’s access to or use of the Services Software.