terms and conditions for protégé system management suite ... - ICT
terms and conditions for protégé system management suite ... - ICT
terms and conditions for protégé system management suite ... - ICT
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EXCLUSIONS FROM SMAThe following is expressly excluded from the <strong>terms</strong> of this Agreement:10. Provision, installation <strong>and</strong>/or support of new versions <strong>and</strong>/orenhancements to current versions of non-<strong>ICT</strong> software. Non-<strong>ICT</strong>software includes but shall not be limited to operating <strong>system</strong> software.11. Installation of updates <strong>and</strong> enhancements to <strong>ICT</strong> software.12. <strong>ICT</strong> reserves the right to charge additional support fees <strong>for</strong> servicesper<strong>for</strong>med in connection with reported incidents that are laterdetermined to have been due to hardware or software not supplied by<strong>ICT</strong>. Notwithst<strong>and</strong>ing the <strong>for</strong>egoing, <strong>ICT</strong> has no obligation to per<strong>for</strong>msupport services in connection with issues resulting from hardware orsoftware not supplied by <strong>ICT</strong>.13. Integration with third party software or hardware.SOFTWARE MODIFICATIONS14. Any modifications that You make to the Software, or databasestructure, including any modifications to any third party licensedsoftware included with or embedded in the Software, will render anyMaintenance or Warranty obligations contained in this Agreement null<strong>and</strong> void. <strong>ICT</strong> will not be liable, in any respect, <strong>for</strong> any suchmodifications or any errors, losses or damage resulting from suchmodifications. <strong>ICT</strong> has no other responsibilities with respect toMaintenance other than those specified in this Section <strong>and</strong> will not beresponsible <strong>for</strong> maintaining other than the most current, unalteredrelease of the Software.DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY15. NO WARRANTIES: <strong>ICT</strong> does not <strong>and</strong> cannot warrant the per<strong>for</strong>manceor results obtained by You in using the software, that the software willmeet your requirements, or that the operation of the software will beuninterrupted or error free. The software is licensed "as is" <strong>and</strong> themaintenance services provided hereunder shall be per<strong>for</strong>med in aworkmanlike manner. <strong>ICT</strong> expressly disclaims any <strong>and</strong> all otherwarranties with respect to the software <strong>and</strong> services, either express orimplied, including but not limited to the implied warranties ofmerchantability <strong>and</strong> fitness <strong>for</strong> a particular purpose.16. Limitation of liability. In no event will <strong>ICT</strong> be liable <strong>for</strong> any loss ofprofits, loss of use, business interruption, loss of data, cost of cover orother indirect, special, incidental or consequential damages arising outof the delivery of maintenance services or any delay in delivery of themaintenance services. <strong>ICT</strong>’s maximum aggregate liability (whether incontract or in tort or under any other <strong>for</strong>m of liability) <strong>for</strong> damages orloss, howsoever arising or caused, shall in no event exceed the amountactually paid by you <strong>for</strong> the relevant services giving rise to the liability.
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