Common use of Additional Terms Third Party Services Clause in Contracts

Additional Terms Third Party Services. A. EULAs. Portions of the Services may require you to accept the terms of one or more third-party End User License Agreements (“EULAs”). EULAs may contain service levels, warranties and/or liability limitations that are different than those contained in this Agreement. You agree to be bound by the terms of such EULAs and will look only to the applicable third-party provider for the enforcement of the terms of such EULAs. If, while providing the Services, RSI is required to comply with a third-party ▇▇▇▇ and the third-party ▇▇▇▇ is modified or amended, RSI reserves the right to modify or amend any applicable SOW with you to ensure RSI’s continued compliance with the terms of the third party ▇▇▇▇. B. Third Party Services. Portions of the Services may be acquired from, or rely upon the services of, third-party manufacturers or providers, such as data hosting services, domain registration services, and data backup/recovery services (“Third Party Service”). Not all Third Party Services may be expressly identified as such in a SOW and at all times RSI reserves the right to utilize the services of any third-party provider, or change third-party providers in its sole discretion as long as the change does not materially diminish the Services to be provided to you under a SOW. RSI will not be responsible, and will be held harmless by you, for the failure of any third-party provider or manufacturer to provide Third Party Services to RSI or to you. C. Data Loss. Under no circumstances will RSI be responsible for any data lost, corrupted or rendered unreadable due to (i) communication and/or transmissions errors or related failures, (ii) equipment failures (including but not limited to silent hardware corruption-related issues), or (iii) RSI’s failure to backup or secure data from portions of the System that were not expressly designated in the applicable SOW as requiring backup or recovery services. Unless expressly stated in a SOW, RSI does not warrant or guarantee that any maintained storage device or functionality, data backup device or functionality, or load balancing functionality will operate in an error-free manner. D. Bring Your Own Device (“BYOD”). You hereby represent and warrant that RSI is authorized to access all devices, peripherals and/or computer processing units, including mobile devices (such as notebook computers, smartphones, and tablet computers) that are connected to the System, regardless of whether such device(s) are owned, leased or otherwise controlled by you. RSI will not be obligated to provide the Services to any mobile device or temporarily-connected device unless that obligation is specifically stated in an applicable SOW. Further, unless otherwise stated in a SOW, devices will not receive or benefit from the Services while the devices are detached from, or unconnected to, the System.

Additional Terms Third Party Services. A. EULAs. Portions of the Services may require you to accept the terms of one or more third-party End User License Agreements (“EULAs”). EULAs may contain service levels, warranties and/or liability limitations that are different than those contained in this Agreement. You agree to be bound by the terms of such EULAs and will look only to the applicable third-party provider for the enforcement of the terms of such EULAs. If, while providing the Services, RSI is required to comply with a third-party ▇▇▇▇ EULA and the third-party ▇▇▇▇ EULA is modified or amended, RSI reserves the right to modify or amend any applicable SOW with you to ensure RSI’s continued compliance with the terms of the third party ▇▇▇▇EULA. B. Third Party Services. Portions of the Services may be acquired from, or rely upon the services of, third-party manufacturers or providers, such as data hosting services, domain registration services, and data backup/recovery services (“Third Party Service”). Not all Third Party Services may be expressly identified as such in a SOW and at all times RSI reserves the right to utilize the services of any third-party provider, or change third-party providers in its sole discretion as long as the change does not materially diminish the Services to be provided to you under a SOW. RSI will not be responsible, and will be held harmless by you, for the failure of any third-party provider or manufacturer to provide Third Party Services to RSI or to you. C. Data Loss. Under no circumstances will RSI be responsible for any data lost, corrupted or rendered unreadable due to (i) communication and/or transmissions errors or related failures, (ii) equipment failures (including but not limited to silent hardware corruption-related issues), or (iii) RSI’s failure to backup or secure data from portions of the System that were not expressly designated in the applicable SOW as requiring backup or recovery services. Unless expressly stated in a SOW, RSI does not warrant or guarantee that any maintained storage device or functionality, data backup device or functionality, or load balancing functionality will operate in an error-free manner. D. Bring Your Own Device (“BYOD”). You hereby represent and warrant that RSI is authorized to access all devices, peripherals and/or computer processing units, including mobile devices (such as notebook computers, smartphones, and tablet computers) that are connected to the System, regardless of whether such device(s) are owned, leased or otherwise controlled by you. RSI will not be obligated to provide the Services to any mobile device or temporarily-connected device unless that obligation is specifically stated in an applicable SOW. Further, unless otherwise stated in a SOW, devices will not receive or benefit from the Services while the devices are detached from, or unconnected to, the System.