Common use of Warranty Disclaimers Clause in Contracts

Warranty Disclaimers. SUBSCRIBER ACCEPTS THE MARCH NETWORKS TECHNOLOGY AND THE PROFESSIONAL SERVICES “AS IS” AND AS AVAILABLE, WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (a) MARCH NETWORKS HAS NO OBLIGATION TO INDEMNIFY OR DEFEND SUBSCRIBER OR USERS AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY; (b) MARCH NETWORKS DOES NOT REPRESENT OR WARRANT THAT MARCH NETWORKS TECHNOLOGY OR PROFESSIONAL SERVICES WILL PERFORM WITHOUT INTERRUPTION OR ERROR; AND (c) MARCH NETWORKS DOES NOT REPRESENT OR WARRANT THAT MARCH NETWORKS TECHNOLOGY OR PROFESSOINAL SERVICES ARE SECURE FROM HACKING OR OTHER UNAUTHORIZED INTRUSION OR THAT SUBSCRIBER DATA WILL REMAIN PRIVATE OR SECURE. Without limiting the generality of the foregoing, Subscriber recognizes and agrees that March Networks may make the System unavailable for maintenance without incurring liability.

Warranty Disclaimers. SUBSCRIBER Except to the extent set forth in Section 8.1 above, CUSTOMER ACCEPTS THE MARCH NETWORKS TECHNOLOGY AND THE PROFESSIONAL SERVICES PLATFORM “AS IS,” AND AS AVAILABLE, WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (a) MARCH NETWORKS Supplier HAS NO OBLIGATION TO INDEMNIFY OR DEFEND SUBSCRIBER CUSTOMER OR USERS End UserS AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY; (b) MARCH NETWORKS Supplier DOES NOT REPRESENT OR WARRANT THAT MARCH NETWORKS TECHNOLOGY OR PROFESSIONAL SERVICES THE Platform WILL PERFORM WITHOUT INTERRUPTION OR ERROR; AND (c) MARCH NETWORKS Supplier DOES NOT REPRESENT OR WARRANT THAT MARCH NETWORKS TECHNOLOGY OR PROFESSOINAL SERVICES ARE THE Platform IS SECURE FROM HACKING OR OTHER UNAUTHORIZED INTRUSION OR THAT SUBSCRIBER CUSTOMER DATA WILL REMAIN PRIVATE OR SECURE. Without limiting the generality of the foregoing, Subscriber recognizes and agrees that March Networks may make the System unavailable for maintenance without incurring liability.

Warranty Disclaimers. SUBSCRIBER ACCEPTS EXCEPT AS SPECIFICALLY PROVIDED IN THIS SECTION 8, THE MARCH NETWORKS TECHNOLOGY LICENSED SOFTWARE IS NOT ERROR-FREE AND THE PROFESSIONAL SERVICES “IS BEING PROVIDED "AS IS” AND AS AVAILABLE, WITH NO REPRESENTATION OR " WITHOUT WARRANTY OF ANY KIND. EXCHANGE HEREBY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ORAL OR WRITTEN, WITH RESPECT TO THE LICENSED SOFTWARE INCLUDING, WITHOUT LIMITATION LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITYTITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. EXCHANGE'S EXPRESS WARRANTIES SHALL NOT BE ENLARGED, DIMINISHED OR AFFECTED BY, AND NO OBLIGATION OR LIABILITY SHALL ARISE OUT OF, EXCHANGE'S RENDERING OF TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH LICENSED SOFTWARE. ALL THIRD PARTY LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO THE USE OF THEIR MATERIALS IN CONNECTION WITH THE LICENSED SOFTWARE, INCLUDING (WITHOUT LIMITATION) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (a) MARCH NETWORKS HAS NO OBLIGATION TO INDEMNIFY OR DEFEND SUBSCRIBER OR USERS AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY; (b) MARCH NETWORKS DOES NOT REPRESENT OR WARRANT THAT MARCH NETWORKS TECHNOLOGY OR PROFESSIONAL SERVICES WILL PERFORM WITHOUT INTERRUPTION OR ERROR; AND (c) MARCH NETWORKS DOES NOT REPRESENT OR WARRANT THAT MARCH NETWORKS TECHNOLOGY OR PROFESSOINAL SERVICES ARE SECURE FROM HACKING OR OTHER UNAUTHORIZED INTRUSION OR THAT SUBSCRIBER DATA WILL REMAIN PRIVATE OR SECURE. Without limiting the generality of the foregoing, Subscriber recognizes and agrees that March Networks may make the System unavailable for maintenance without incurring liability.

Warranty Disclaimers. SUBSCRIBER ACCEPTS YOU AGREE THAT YOU ACCEPT THE MARCH NETWORKS TECHNOLOGY AND THE PROFESSIONAL SERVICES SYSTEM “AS IS” AND AS AVAILABLE, WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (a) MARCH NETWORKS CDS HAS NO OBLIGATION TO INDEMNIFY OR DEFEND SUBSCRIBER OR USERS YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY; ; (b) MARCH NETWORKS CDS DOES NOT REPRESENT OR WARRANT THAT MARCH NETWORKS TECHNOLOGY OR PROFESSIONAL SERVICES THE SYSTEM WILL PERFORM WITHOUT INTERRUPTION OR ERROR; AND (c) MARCH NETWORKS CDS DOES NOT REPRESENT OR WARRANT THAT MARCH NETWORKS TECHNOLOGY OR PROFESSOINAL SERVICES ARE THE SYSTEM IS SECURE FROM HACKING OR OTHER UNAUTHORIZED INTRUSION OR THAT SUBSCRIBER DATA YOUR CONTENT WILL REMAIN PRIVATE OR SECURE. Without limiting the generality of the foregoing, Subscriber recognizes and agrees that March Networks may make the System unavailable for maintenance without incurring liability; AND (d) CDS DISCLAIMS ANY REPRESENTATION OR WARRANTY CONCERNING PRODUCTS OR SERVICES PROVIDED BY OTHER USERS OF THE SYSTEM OR OTHER THIRD PARTIES.

Warranty Disclaimers. SUBSCRIBER Except to the extent set forth in Section 8.1 above, THE CUSTOMER ACCEPTS THE MARCH NETWORKS TECHNOLOGY AND THE PROFESSIONAL SERVICES SYSTEM “AS IS” AND AS AVAILABLE, WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (a) MARCH NETWORKS THE VENDOR HAS NO OBLIGATION TO INDEMNIFY OR DEFEND SUBSCRIBER THE CUSTOMER OR USERS AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY; (b) MARCH NETWORKS THE VENDOR DOES NOT REPRESENT OR WARRANT THAT MARCH NETWORKS TECHNOLOGY OR PROFESSIONAL SERVICES THE SYSTEM WILL PERFORM WITHOUT INTERRUPTION OR ERROR; AND (c) MARCH NETWORKS THE VENDOR DOES NOT REPRESENT OR WARRANT THAT MARCH NETWORKS TECHNOLOGY OR PROFESSOINAL SERVICES ARE THE SYSTEM IS SECURE FROM HACKING OR OTHER UNAUTHORIZED INTRUSION OR THAT SUBSCRIBER CUSTOMER DATA WILL REMAIN PRIVATE OR SECURE. Without limiting the generality of the foregoing; AND (d) THE VENDOR PROVIDES NO WARRANTY REGARDING, Subscriber recognizes and agrees that March Networks may make the System unavailable for maintenance without incurring liability.AND WILL HAVE NO RESPONSIBILITY FOR, ANY CLAIM ARISING OUT OF: (i) A MODIFICATION OF THE PLATFORM MADE BY ANYONE OTHER THAN THE VENDOR, UNLESS THE VENDOR APPROVES SUCH MODIFICATION IN WRITING; OR

Warranty Disclaimers. SUBSCRIBER CUSTOMER ACCEPTS THE MARCH NETWORKS TECHNOLOGY AND THE PROFESSIONAL SERVICES SYSTEM “AS IS” AND AS AVAILABLE, WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (a) MARCH NETWORKS PROVIDER HAS NO OBLIGATION TO INDEMNIFY OR DEFEND SUBSCRIBER CUSTOMER OR USERS AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY; (b) MARCH NETWORKS PROVIDER DOES NOT REPRESENT OR WARRANT THAT MARCH NETWORKS TECHNOLOGY OR PROFESSIONAL SERVICES THE SYSTEM WILL PERFORM WITHOUT INTERRUPTION OR ERROR; AND (c) MARCH NETWORKS PROVIDER DOES NOT REPRESENT OR WARRANT THAT MARCH NETWORKS TECHNOLOGY OR PROFESSOINAL SERVICES ARE THE SYSTEM IS SECURE FROM HACKING OR OTHER UNAUTHORIZED INTRUSION OR THAT SUBSCRIBER CUSTOMER DATA WILL REMAIN PRIVATE OR SECURE. Without limiting the generality of the foregoing, Subscriber recognizes and agrees that March Networks may make the System unavailable for maintenance without incurring liability.

Warranty Disclaimers. SUBSCRIBER ACCEPTS THE MARCH NETWORKS TECHNOLOGY AND THE PROFESSIONAL SERVICES “AS IS” AND AS AVAILABLE, WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (a) MARCH NETWORKS HAS NO OBLIGATION TO INDEMNIFY OR DEFEND SUBSCRIBER OR USERS AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY; (b) MARCH NETWORKS DOES NOT REPRESENT OR WARRANT THAT MARCH NETWORKS TECHNOLOGY OR PROFESSIONAL SERVICES WILL PERFORM WITHOUT INTERRUPTION OR ERROR; AND (c) MARCH NETWORKS DOES NOT REPRESENT OR WARRANT THAT MARCH NETWORKS TECHNOLOGY OR PROFESSOINAL SERVICES ARE SECURE FROM HACKING OR OTHER UNAUTHORIZED INTRUSION OR THAT SUBSCRIBER DATA WILL REMAIN PRIVATE OR SECURE. Without limiting the generality of the foregoing, Subscriber recognizes and agrees that March Networks may make the System unavailable for maintenance without incurring liability.

Warranty Disclaimers. SUBSCRIBER Except to the extent set forth in the SLA and in Section 8.1 above, CUSTOMER ACCEPTS THE MARCH NETWORKS TECHNOLOGY AND THE PROFESSIONAL SERVICES SYSTEM “AS IS” AND AS AVAILABLE, WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (a) MARCH NETWORKS : 8.3.1. VENDOR HAS NO OBLIGATION TO INDEMNIFY OR DEFEND SUBSCRIBER CUSTOMER OR USERS AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY; (b) MARCH NETWORKS ; 8.3.2. XXXXXX DOES NOT REPRESENT OR WARRANT THAT MARCH NETWORKS TECHNOLOGY OR PROFESSIONAL SERVICES THE SYSTEM WILL PERFORM WITHOUT INTERRUPTION OR ERROR; AND (c) MARCH NETWORKS AND 8.3.3. VENDOR DOES NOT REPRESENT OR WARRANT THAT MARCH NETWORKS TECHNOLOGY OR PROFESSOINAL SERVICES ARE THE SYSTEM IS SECURE FROM HACKING OR OTHER UNAUTHORIZED INTRUSION OR THAT SUBSCRIBER CUSTOMER DATA WILL REMAIN PRIVATE OR SECURE. Without limiting the generality of the foregoing, Subscriber recognizes and agrees that March Networks may make the System unavailable for maintenance without incurring liability.

Warranty Disclaimers. SUBSCRIBER Except to the extent set forth in the SLA and in Section 8.1 above, CUSTOMER ACCEPTS THE MARCH NETWORKS TECHNOLOGY AND THE PROFESSIONAL SERVICES SYSTEM “AS IS” AND AS AVAILABLE, WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (a) MARCH NETWORKS VENDOR HAS NO OBLIGATION TO INDEMNIFY OR DEFEND SUBSCRIBER CUSTOMER OR USERS AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY; (b) MARCH NETWORKS VENDOR DOES NOT REPRESENT OR WARRANT THAT MARCH NETWORKS TECHNOLOGY OR PROFESSIONAL SERVICES THE SYSTEM WILL PERFORM WITHOUT INTERRUPTION OR ERROR; AND (c) MARCH NETWORKS VENDOR DOES NOT REPRESENT OR WARRANT THAT MARCH NETWORKS TECHNOLOGY OR PROFESSOINAL SERVICES ARE THE SYSTEM IS SECURE FROM HACKING OR OTHER UNAUTHORIZED INTRUSION OR THAT SUBSCRIBER CUSTOMER DATA WILL REMAIN PRIVATE OR SECURE. Without limiting the generality of the foregoing, Subscriber recognizes and agrees that March Networks may make the System unavailable for maintenance without incurring liability.

Warranty Disclaimers. SUBSCRIBER Except to the extent set forth in the SLA and in Section 8.1 above, CUSTOMER ACCEPTS THE MARCH NETWORKS TECHNOLOGY AND THE PROFESSIONAL SERVICES SYSTEM “AS IS” AND AS AVAILABLE, WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (a) MARCH NETWORKS VENDOR HAS NO OBLIGATION TO INDEMNIFY OR DEFEND SUBSCRIBER CUSTOMER OR USERS AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY; ; (b) MARCH NETWORKS VENDOR DOES NOT REPRESENT OR WARRANT THAT MARCH NETWORKS TECHNOLOGY OR PROFESSIONAL SERVICES THE SYSTEM WILL PERFORM WITHOUT INTERRUPTION OR ERROR; AND (c) MARCH NETWORKS VENDOR DOES NOT REPRESENT OR WARRANT THAT MARCH NETWORKS TECHNOLOGY OR PROFESSOINAL SERVICES ARE THE SYSTEM IS SECURE FROM HACKING OR OTHER UNAUTHORIZED INTRUSION OR THAT SUBSCRIBER CUSTOMER DATA WILL REMAIN PRIVATE OR SECURE. Without limiting the generality of the foregoing, Subscriber recognizes and agrees that March Networks may make the System unavailable for maintenance without incurring liability.

Warranty Disclaimers. SUBSCRIBER Except to the extent set forth in Section 8.1 above, CLIENT ACCEPTS THE MARCH NETWORKS TECHNOLOGY AND THE PROFESSIONAL SERVICES WEB APP, MOBILE APP, DESKTOP APP OR DASHBOARD “AS IS,” AND AS AVAILABLE, WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (a) MARCH NETWORKS Parsec HAS NO OBLIGATION TO INDEMNIFY OR DEFEND SUBSCRIBER CLIENT OR USERS AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY; (b) MARCH NETWORKS PARSEC DOES NOT REPRESENT OR WARRANT THAT MARCH NETWORKS TECHNOLOGY THE WEB APP, MOBILE APP, DESKTOP APP OR PROFESSIONAL SERVICES DASHBOARD WILL PERFORM WITHOUT INTERRUPTION OR ERROR; AND (c) MARCH NETWORKS PARSEC DOES NOT REPRESENT OR WARRANT THAT MARCH NETWORKS TECHNOLOGY THE WEB APP, MOBILE APP, DESKTOP APP OR PROFESSOINAL SERVICES DASHBOARD ARE SECURE FROM HACKING OR OTHER UNAUTHORIZED INTRUSION OR THAT SUBSCRIBER CLIENT DATA WILL REMAIN PRIVATE OR SECURE. Without limiting the generality of the foregoing, Subscriber recognizes and agrees that March Networks may make the System unavailable for maintenance without incurring liability.

Warranty Disclaimers. SUBSCRIBER Except to the extent set forth in this Section 4, CUSTOMER ACCEPTS THE MARCH NETWORKS TECHNOLOGY AND THE PROFESSIONAL SERVICES LEADSMART “AS IS” AND AS AVAILABLE, WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT NON- INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (a) MARCH NETWORKS LEADSMART TECH HAS NO OBLIGATION TO INDEMNIFY OR DEFEND SUBSCRIBER CUSTOMER OR USERS AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY; (b) MARCH NETWORKS LEADSMART TECH DOES NOT REPRESENT OR WARRANT THAT MARCH NETWORKS TECHNOLOGY LEADSMART OR PROFESSIONAL SERVICES THE SALESFORCE PLATFORM WILL PERFORM WITHOUT INTERRUPTION OR ERROR; AND (c) MARCH NETWORKS LEADSMART TECH DOES NOT REPRESENT OR WARRANT THAT MARCH NETWORKS TECHNOLOGY OR PROFESSOINAL SERVICES ARE LEADSMART IS SECURE FROM HACKING OR OTHER UNAUTHORIZED INTRUSION OR THAT SUBSCRIBER CUSTOMER DATA WILL REMAIN PRIVATE OR SECURE. Without limiting the generality of the foregoing, Subscriber recognizes and agrees that March Networks may make the System unavailable for maintenance without incurring liability.