Common use of Software Technical Support Clause in Contracts

Software Technical Support. Honeywell may offer technical support in its sole discretion or as agreed in writing. Buyer is solely responsible, and Honeywell has no liability, for: (a) selection, securing, installation, configuration, access and use of Software, including verification of results obtained from Software and taking appropriate measures to prevent loss or theft of Buyer data; (b) operating, controlling and maintaining equipment, infrastructure and connectivity required to use the Software; and (c) applying patches, bug fixes, upgrades and updates of the Software or Third Party Materials. Honeywell is not responsible for any injury or damage to any persons or property resulting from use of Software. Buyer will take precautions, establish procedures and post notices to ensure that persons and property are not harmed in the event of an error, malfunction or unexpected operation of the Software. Honeywell disclaims all responsibility and liability for any problems, unavailability, delay or security incidents arising from or related to: (i) conditions or events reasonably outside of Honeywell’s control; (ii) cyberattack; (iii) public internet and communications networks; (iv) data, software, hardware, services, telecommunications, infrastructure or networking equipment not provided by Honeywell, or acts or omissions of third parties Buyer retains; (v) Buyer’s or its users’ negligence or failure to use the latest version of the Software or follow Documentation; (vi) modifications or alterations not made by Honeywell;