Common use of Software Service Exclusions Clause in Contracts

Software Service Exclusions. 6.1 Totalmobile is not obliged to provide the Support & Maintenance Services in respect of the Software if: (i) the Licensee is not using the versions of the operating system software as specified by Totalmobile from time to time; or (ii) if the Licensee fails to maintain the Software at Totalmobile's specified release level unless specifically agreed in writing in advance by Totalmobile. 6.2 Totalmobile will undertake responsibility for Software on the Specified System or any approved successor to it only and provided that the Specified System is the subject of a maintenance agreement with the manufacturer of the relevant hardware or with a reputable third party maintainer. 6.3 On-Site Support & Maintenance Services are not included as a standard feature of this Agreement. 6.4 The Support & Maintenance Services do not include services in respect of defects or errors resulting from any modifications or enhancements to the Software not made by Totalmobile or made without the prior written consent of Totalmobile, or resulting from use of the Software in a business process or in a manner not defined during the implementation of the Software as outlined in the Functional Design Specification. Furthermore, any amendments to data or to the tables holding the data by the use of Software query tools which bypass the validation rules incorporated in the Software are not covered by this Service. 6.5 Totalmobile is not obliged to provide the Support & Maintenance Services in respect of the Software if malfunctions are due to incorrect use of the Software, or for any reason external to the Software including, but not limited to, failure or fluctuation of electrical supplies, hardware failures, accident or natural disasters. 6.6 Totalmobile is not obliged to provide the Support & Maintenance Services in respect any components of the Software which have been licensed to Totalmobile by any third party. Totalmobile will use its reasonable endeavours to procure that the relevant third party supports the components of the Software in accordance with its licence obligations (if any). Any costs or expenses arising in connection with such third-party support services for the benefit of the Licensee shall be borne exclusively by the Licensee.

Software Service Exclusions. 6.1 8.1 Totalmobile is not obliged to provide the Support & Maintenance Services in respect of the Software if: (i) the Licensee is not using the versions of the operating system software as specified by Totalmobile from time to time; or (ii) if the Licensee fails to maintain the Software at Totalmobile's specified release level unless specifically agreed in writing in advance by Totalmobile. 6.2 8.2 Totalmobile will undertake responsibility for Software on the Specified System or any approved successor to it only and provided that the Specified System is the subject of a maintenance agreement with the manufacturer of the relevant hardware or with a reputable third party maintainer. 6.3 On-Site 8.3 Support & Maintenance Services are not included as a standard feature of this Agreement. 6.4 8.4 The Support & Maintenance Services do not include services in respect of defects or errors resulting from any modifications or enhancements to the Software not made by Totalmobile or made without the prior written consent of Totalmobile, or resulting from use of the Software in a business process or in a manner not defined during the implementation of the Software as outlined in the Functional Design Specification. Furthermore, any amendments to data or to the tables holding the data by the use of Software query tools which bypass the validation rules incorporated in the Software are not covered by this Service. 6.5 8.5 Totalmobile is not obliged to provide the Support & Maintenance Services in respect of the Software if malfunctions are due to incorrect use of the Software, or for any reason external to the Software including, but not limited to, failure or fluctuation of electrical supplies, hardware failures, accident or natural disasters. 6.6 8.6 Totalmobile is not obliged to provide the Support & Maintenance Services in respect any components of the Software which have been licensed to Totalmobile by any third party. Totalmobile will use its reasonable endeavours to procure that the relevant third party supports the components of the Software in accordance with its licence obligations (if any). Any costs or expenses arising in connection with such third-party support services for the benefit of the Licensee shall be borne exclusively by the Licensee.

Software Service Exclusions. 6.1 Totalmobile The Supplier is not obliged to provide the Support & Maintenance Services in respect of the Software if: (i) the Licensee Customer is not using the versions of the operating system software as specified by Totalmobile the Supplier from time to time; or (ii) if the Licensee Customer fails to maintain the Software at Totalmobile's the Supplier’s specified release level unless specifically agreed in writing in advance by Totalmobilethe Supplier. 6.2 Totalmobile The Supplier will undertake responsibility for Software on the Specified System or any approved successor to it only and provided that the Specified System is the subject of a maintenance agreement with the manufacturer of the relevant hardware or with a reputable third party maintainer. 6.3 On-Site Support & Maintenance Services are not included as a standard feature of this Framework Agreement. 6.4 The Support & Maintenance Services do not include services in respect of defects or errors resulting from any modifications or enhancements to the Software not made by Totalmobile the Supplier or made without the prior written consent of Totalmobilethe Supplier, or resulting from use of the Software in a business process or in a manner not defined during the implementation of the Software as outlined in the Functional Design Specification. Furthermore, any amendments to data or to the tables holding the data by the use of Software query tools which bypass the validation rules incorporated in the Software are not covered by this Service. 6.5 Totalmobile The Supplier is not obliged to provide the Support & Maintenance Services in respect of the Software if malfunctions are due to incorrect use of the Software, or for any reason external to the Software including, but not limited to, failure or fluctuation of electrical supplies, hardware failures, accident or natural disasters. 6.6 Totalmobile The Supplier is not obliged to provide the Support & Maintenance Services in respect any components of the Software which have been licensed to Totalmobile the Supplier by any third party. Totalmobile The Supplier will use its reasonable endeavours to procure that the relevant third party supports the components of the Software in accordance with its licence obligations (if any). Any costs or expenses arising in connection with such third-third- party support services for the benefit of the Licensee Customer shall be borne exclusively by the LicenseeCustomer.