Common use of Excluded Nonconfirmities Clause in Contracts

Excluded Nonconfirmities. A nonconformity is not considered an error and/or failure of the Services to meet the % of Availability set forth above, if it results from (a) the Services being combined or merged with, or accessed by, any program, equipment or device not supplied or specifically pre-approved in writing by CB4’s authorized signatory; (b) the error is caused by end-user's misuse or improper use of the Services; (c) if the error cannot be reproduced in an unmodified version of the Services running on the applicable platform, (d) alterations or modifications made by anyone other than CB4, (e) unauthorized third party software and/or hardware, (f) to the extent appliable, failure to promptly install any maintenance releases provided while under valid maintenance coverage, (g) do not result from the CB4's underlying platform or other acts or omissions of CB4, or are outside of CB4's reasonable control, such as any force majeure event or internet access, and/or (h) result from lack of availability or untimely response time of end-user.

Excluded Nonconfirmities. A nonconformity is not considered an error and/or failure of the Services to meet the % of Availability set forth above, if it results from (a) the Services being combined or merged with, or accessed by, any program, equipment or device not supplied or specifically pre-approved in writing by CB4’s authorized signatory; (b) the error is caused by end-user's misuse or improper use of the Services; (c) if the error cannot be reproduced in an unmodified version of the Services running on the applicable platform, (d) alterations or modifications made by anyone other than CB4, (e) unauthorized third party software and/or hardwarehardware integration, (f) to the extent appliableapplicable, failure to promptly install any maintenance releases provided while under valid maintenance coverage, ; (g) do not result from the CB4's underlying platform or other acts or omissions of CB4, or are outside of CB4's reasonable control, such as any force majeure event or internet access, ; and/or (h) result from lack of availability or untimely response time of end-user.

Excluded Nonconfirmities. A nonconformity is not considered an error and/or failure of the Services to meet the % of Availability set forth above, if it results from (a) the Services being combined or merged with, or accessed by, any program, equipment or device not supplied or specifically pre-approved in writing by CB4’s authorized signatory; (b) the error is caused by end-user's misuse or improper use of the Services; (c) if the error cannot be reproduced in an unmodified version of the Services running on the applicable platform, (d) alterations or modifications made by anyone other than CB4, (e) unauthorized third party software and/or hardware, (f) to the extent appliable, failure to promptly install any maintenance releases provided while under valid maintenance coverage, (g) do not result from the CB4's underlying platform or other acts or omissions of CB4, or are outside of CB4's reasonable control, such as any force majeure event or internet access, and/or (h) result from lack of availability or untimely response time of end-user.. o