Common use of Technical Support Services Exclusions Clause in Contracts

Technical Support Services Exclusions. The following exclusions will govern the delivery of both Technical Assistance and Emergency Recovery: • Nortel Networks is not responsible for products that have not been installed, commissioned or upgraded as per the applicable processes and procedures. • Nortel Networks is not responsible for supporting non-Nortel Networks supplied third-party product(s). Axtel will be responsible for maintaining support agreements with the OEM/third-party supplier for such product(s). • Technical Support Services do not cover Nortel Networks products not purchased from Nortel Networks or from a Nortel Networks authorized agent • Nortel Networks will not be obliged to incorporate software corrections into software releases prior to the then-currently supported software release(s). Nortel Networks reserves the right to incorporate software corrections into future software releases • Nortel Networks support obligations are expressly conditional upon the products not being (i) subject to unusual mechanical stress or unusual electrical or environmental conditions; (ii) subject to misuse, accident or disaster including without limitation, fire, flood, water, wind, lightning or other acts of God; or (iii) altered or modified unless performed or authorized by Nortel Networks • Nortel Networks Products under Warranty are excluded from this Technical Support Services Pack. • Products which have not been installed and commissioned by appropriately skilled and trained personnel using Nortel Procedures are excluded from this Technical Support Services Pack. • Technical Support Services will not be provided during installation and/or commissioning process.

Technical Support Services Exclusions. The following exclusions will govern the delivery of both Technical Assistance and Emergency Recovery: • * Nortel Networks is not responsible for products that have not been installed, commissioned or upgraded as per the applicable processes and procedures. • * Nortel Networks is not responsible for supporting non-Nortel Networks supplied third-party product(s). Axtel will be responsible for maintaining support agreements with the OEM/third-party supplier for such product(s). • * Technical Support Services do not cover Nortel Networks products not purchased from Nortel Networks or from a Nortel Networks authorized agent • * Nortel Networks will not be obliged to incorporate software corrections into software releases prior to the then-currently supported software release(s). Nortel Networks reserves the right to incorporate software corrections into future software releases • * Nortel Networks support obligations are expressly conditional upon the products not being (i) subject to unusual mechanical stress or unusual electrical or environmental conditions; (ii) subject to misuse, accident or disaster including without limitation, fire, flood, water, wind, lightning or other acts of God; or (iii) altered or modified unless performed or authorized by Nortel Networks • * Nortel Networks Products under Warranty are excluded from this Technical Support Services Pack. • * Products which have not been installed and commissioned by appropriately skilled and trained personnel using Nortel Procedures are excluded from this Technical Support Services Pack. • * Technical Support Services will not be provided during installation and/or commissioning process.