Your Environment. You acknowledge and agree that we do not have complete information about your facilities, equipment, infrastructure and information technology and telecommunications environment (including software, hardware, systems and networks) or as to the end user equipment and hardware from which Your Data (as defined in clause 5 below) may be obtained (collectively, “Your Environment”). The provision of Services and operation of the Software is dependent on Your Environment supporting the Software and the Services including any Updates. We are not responsible for Your Environment (including its maintenance) or for ensuring that it remains compatible with the Services and Software. This applies to both the Account Owner’s and the Account Owner’s Account Users’ Environments. We are not responsible for compatibility issues or faults in Your Environment or for fixing faults that have been caused by you, Your Environment or any third party. We are also not responsible for any problems experienced by any equipment caused by the Software including end-user equipment and hardware used by third parties, such as but not limited to configuration or misconfiguration of the equipment, and for any problems caused by Updates. We do not provide any warranty or guarantee that the equipment or hardware will perform to any particular level or standard as a result of the use of the Software or Services or that it will be error free. If you ask us to investigate or work on any such issues and we agree (at our discretion) to do so, we may charge you at our then standard hourly rates for such work. We or our suppliers are free to choose and change the manner in which, and the technologies by which, a Service is provided. The provision of the Services and the performance of the Software are subject to any assumptions and dependencies that are detailed in this Agreement (including, if you are an Account Owner, your applicable Services Contract). If any assumption or dependency proves to be invalid or inaccurate or you otherwise fail to perform your responsibilities, (each a “Dependency Failure”) then, without limiting any of our other rights or remedies: x we will not be liable for any delay or failure to perform our obligations that is caused or contributed to by the Dependency Failure; and x we will be entitled to a variation to the relevant Services Contract to the extent reasonably required to reflect the impact of the Dependency Failure (including to increase any charges and extend timeframes).
Appears in 1 contract
Sources: Software License Agreement
Your Environment. You acknowledge and agree that we do not have complete information about your facilities, equipment, infrastructure and information technology and telecommunications environment (including software, hardware, systems and networks) or as to the end user equipment and hardware from which Your Data (as defined in clause 5 below) may be obtained (collectively, “Your Environment”). The provision of Services and operation of the Software is dependent on Your Environment supporting the Software and the Services including any Updates. We are not responsible for Your Environment (including its maintenance) or for ensuring that it remains compatible with the Services and Software. This applies to both the Account Owner’s and the Account Owner’s Account Users’ Environments. We are not responsible for compatibility issues or faults in Your Environment or for fixing faults that have been caused by you, Your Environment or any third party. We are also not responsible for any problems experienced by any equipment caused by the Software including end-user equipment and hardware used by third parties, such as but not limited to configuration or misconfiguration of the equipment, and for any problems caused by Updates. We do not provide any warranty or guarantee that the equipment or hardware will perform to any particular level or standard as a result of the use of the Software or Services or that it will be error free. If you ask us to investigate or work on any such issues and we agree (at our discretion) to do so, we may charge you at our then standard hourly rates for such work. We or our suppliers are free to choose and change the manner in which, and the technologies by which, a Service is provided. The provision of the Services and the performance of the Software are subject to any assumptions and dependencies that are detailed in this Agreement (including, if you are an Account Owner, your applicable Services Contract). If any assumption or dependency proves to be invalid or inaccurate or you otherwise fail to perform your responsibilities, (each a “Dependency Failure”) then, without limiting any of our other rights or remedies: x • we will not be liable for any delay or failure to perform our obligations that is caused or contributed to by the Dependency Failure; and x • we will be entitled to a variation to the relevant Services Contract to the extent reasonably required to reflect the impact of the Dependency Failure (including to increase any charges and extend timeframes).
Appears in 1 contract
Sources: Terms of Use