Limitations. Nextlane shall not be responsible for providing support and maintenance Services in the following circumstances: (i) the alleged Incident cannot be reproduced; (ii) the Software Product is used in conjunction with Third-Party Software, applications or systems resulting in the Incident; (iii) the Customer fails to follow the applicable operation, maintenance requirements as instructed by Nextlane; (iv) the Customer uses a Version of the Software Product that is no longer supported by Nextlane, (v) the Customer has not paid the Charges or is in breach of its contractual obligations. Additionally, Support and Maintenance Services do not encompass the remediation of problems or bugs determined by Nextlane to have been caused by the failure or malfunction of any software, tools, equipment, or facilities not provided by Nextlane which are not under Nextlane’s control. If, after an Incident has been reported to Nextlane, it appears that the problem is not an Incident or that one of the exclusions sets forth above applies, then Nextlane shall have the right to charge the Customer for any work performed by Nextlane in respect therewith, at its then-current rates.
