Common use of Exclusions from Maintenance Program Clause in Contracts

Exclusions from Maintenance Program. OPIE is not responsible or liable for causes external to the Software, including but not limited to: (i) Customer’s failure to incorporate Maintenance Releases or New Version Releases; (ii) installation of the Software or any New Version Releases not in accordance with the documentation provided with the Software or New Version Releases; (iii) Customer’s use of the Software with any software or hardware other than the Supported Environment; (iv) problems resulting from use of the Software in a manner not permitted pursuant to Customer’s license; (v) modifications, alterations, or additions to the Software by Parties other than OPIE (including without limitation, modifications, alterations, or additions to the Software made by Customer, but including those authorized by OPIE or performed by its representatives or agents); or (vi) damage from any source other than OPIE including but not limited to water, humidity, fire, power surges, computer viruses, and accidents (“Excluded Services”). Any maintenance or services required to fix the Excluded Services will be billed to Customer on a time-and-materials basis in accordance with OPIE’s then current rates. Such services shall be set forth on a mutually agreed upon Statement of Work and provided to Customer pursuant to Exhibit A. Unless OPIE is hosting the Software at its data center, this maintenance program does not include maintenance in connection with or correcting Errors arising out of or related to a database management server or a web server or any other third- party component that is used in conjunction with the Software. OPIE may, but is not required to, provide Error Corrections for such Errors at its then current time and materials rates. Maintenance does not include Software installation, configuration or services provided on-site at Customer’s location. If OPIE is required or requested to travel to Customer’s facilities, any services will be provided at then current time and materials rates and Customer will reimburse OPIE for all reasonable travel expenses, including meals and lodging. Maintenance does not include problems or errors in modifications to the Software OPIE provides as a Service Deliverables pursuant to Exhibit A. Service Deliverables are provided with a warranty as set forth in Section 7(b) of this Agreement. OPIE is not responsible for restoring lost data or damage to Customer’s data base that result from Customer’s actions. If Customer desires to purchase upgrade services or other professional services from OPIE outside the scope of the maintenance in this Exhibit B, then OPIE will provide such professional services to Customer for a charge as set forth in a mutually agreed Statement of Work pursuant to Exhibit A.

Exclusions from Maintenance Program. OPIE is not responsible or liable for causes external to the Software, including but not limited to: (i) Customer’s failure to incorporate Maintenance Releases or New Version Releases; (ii) installation of the Software or any New Version Releases not in accordance with the documentation provided with the Software or New Version Releases; (iii) Customer’s use of the Software with any software or hardware other than the Supported Environment; (iv) problems resulting from use of the Software in a manner not permitted pursuant to Customer’s license; (v) modifications, alterations, or additions to the Software by Parties other than OPIE (including without limitation, modifications, alterations, or additions to the Software made by Customer, but including those authorized by OPIE or performed by its representatives or agents); or (vi) damage from any source other than OPIE including but not limited to water, humidity, fire, power surges, computer viruses, and accidents (“Excluded Services”). Any maintenance or services required to fix the Excluded Services will be billed to Customer on a time-and-materials basis in accordance with OPIE’s then current rates. Such services shall be set forth on a mutually agreed upon Statement of Work and provided to Customer pursuant to Exhibit A. Unless OPIE is hosting the Software at its data center, this maintenance program does not include maintenance in connection with or correcting Errors arising out of or related to a database management server or a web server or any other third- third party component that is used in conjunction with the Software. OPIE may, but is not required to, provide Error Corrections for such Errors at its then current time and materials rates. Maintenance does not include Software installation, configuration or services provided on-site at Customer’s location. If OPIE is required or requested to travel to Customer’s facilities, any services will be provided at then current time and materials rates and Customer will reimburse OPIE for all reasonable travel expenses, including meals and lodging. Maintenance does not include problems or errors in modifications to the Software OPIE provides as a Service Deliverables pursuant to Exhibit A. Service Deliverables are provided with a warranty as set forth in Section 7(b) of this Agreement. OPIE is not responsible for restoring lost data or damage to Customer’s data base that result from Customer’s actions. If Customer desires to purchase upgrade services or other professional services from OPIE outside the scope of the maintenance in this Exhibit B, then OPIE will provide such professional services to Customer for a charge as set forth in a mutually agreed Statement of Work pursuant to Exhibit A.