Common use of Exclusions from Upgrade Service Clause in Contracts

Exclusions from Upgrade Service. ZEISS will have no obligation of any kind to provide Upgrade Services of any kind for problems in the operation or performance of the Equipment to the extent caused by any of the following (each, a “Customer-Generated Error”): (i) non-ZEISS software or hardware products, or use of the Equipment in conjunction therewith; (ii) modifications to the Equipment made by any party without ZEISS’ express written authorization; (iii) Customer’s use of the Equipment other than as authorized in this Agreement or as provided in the documentation; or (iv) Customer’s use of other than the most current version of the related software or any error corrections or updates thereto provided by ZEISS. If ZEISS determines that it is necessary to perform Additional Services for a problem in the operation or performance of the Equipment that is caused by a Customer- Generated Error, then ZEISS will notify Customer thereof as soon as ZEISS is aware of such Customer-Generated Error, and ZEISS will have the right to invoice Customer at ZEISS’ then-current published time and materials rates for all such Additional Services performed by ZEISS.