Common use of Software and Hardware Clause in Contracts

Software and Hardware. The Provider is not a vendor or reseller of software, hardware, or technology resources. Through the course of providing Services, the Provider may make recommendations or provide counsel or direct consultation Services regarding the selection of software, hardware, or other technology Covered Resources. The Provider is not responsible for the impact of the selected software, hardware, or other technology Covered Resource. The Client owns all software, hardware, and other technology Covered Resources and should review and understand all risks, warrantees, disclosures, or other disclaimers provided by or available through the software, hardware, or retail vendor. The Provider will select a Third Party software tool or tools for use with providing Services. The selected software tool(s) will be from a reputable source meeting industry standards and best practices as vetted and determined by the Provider. The Client agrees the Provider is permitted to select the software tool(s) and the Client permits the Provider to install this software on Client Covered Resources for the purpose of delivering Services. The Client understands the Provider is not liable or responsible for any negative impact as a result of the software, including downtime, security breaches, or negative impact on Provider Service delivery.