SERVICENOW WARRANTIES. The following are the warranties ServiceNow provided to DXC that DXC passes through to Customer under this Agreement: (a) ServiceNow warrants that during the Subscription Term: (i) The Subscription Services will be performed in a competent and workmanlike manner and that the Customer’s production instances of the Subscription Service, exclusive of any Custom Applications and Development Materials, will substantially operate without a Defect that causes a material failure of the production instance to perform in accordance with the Product Overview and the Release Notes as set forth in the Documentation at ▇▇▇▇://▇▇▇▇.▇▇▇▇▇▇▇▇▇▇.▇▇▇/index.php?title=Release_Notes. Notwithstanding any other provision in this Agreement, ServiceNow shall have no obligation to Support, and shall have no liability or obligation due to unavailability, malfunction or degradation of performance in the Subscription Service to the extent that it is due to a Custom Application, Development Materials, or modifications of the ServiceNow Applications by any person other than ServiceNow or a person acting on ServiceNow’s direction or in accordance with ServiceNow’s reasonable instructions.
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Sources: Master Ordering Agreement, Master Ordering Agreement