Software Restoration. If the Software fails and the supported application Software requires restoration, then Philips will reinstall the application Software, database Software, and operating system to the revision level that existed prior to the malfunction or failure and Philips will attempt to reinstall Customer- created data backup. If Customer-created data backup cannot be used to re-install any data to the Covered System, Customer will hold sole responsibility for the loss of data. Custom or third-party Software, custom database configurations or reports, and Customer-written product interfaces are not included. If a system failure is attributed to Hardware not supported under the Agreement, Customer shall install Hardware that meets the requirements of this Agreement before Philips begins any Software restoration efforts. Philips is not responsible for delays in Service arising from the foregoing. Philips may offer, subject to resource availability and for an additional charge based upon published labor and material rates, hardware support to assist Customer to fulfill its Hardware obligations under this subsection prior to performing Software restoration Services.
Appears in 2 contracts
Sources: Clinical Informatics Service Agreement, Clinical Informatics Service Agreement