Common use of Customer Equipment Clause in Contracts

Customer Equipment. “Customer Equipment” means any Customer-owned or provided software, hardware or services that you elect to use in connection with the Service(s). You agree to allow us and our agents the rights to insert CableCARDs and other hardware in the Customer Equipment, send software and/or downloads to the Customer Equipment and install, configure, maintain, inspect and upgrade the Customer Equipment. You warrant you are either the owner of the Customer Equipment or that you have the authority to give us access to the Customer Equipment. You should call Customer Service at 0-000-XXX-XXXX to find out if it meets our technical, security and other requirements. We reserve the right to disallow the use of Customer Equipment that we determine is not compatible with our network. We shall have no obligation to provide, maintain, or service Customer Equipment, including, but not limited to, Customer Equipment to which the Company or a third party has sent software or downloads. If you use Customer Equipment, you agree that the following limitation of liability shall apply: THE COMPANY DOES NOT WARRANT THAT CUSTOMER EQUIPMENT WILL ENABLE YOU TO SUCCESSFULLY INSTALL, ACCESS, OPERATE, OR USE THE SERVICE(S). YOU ACKNOWLEDGE THAT ANY SUCH INSTALLATION, ACCESS, OPERATION, OR USE COULD CAUSE CUSTOMER EQUIPMENT TO FAIL TO OPERATE OR COULD CAUSE DAMAGE TO CUSTOMER EQUIPMENT, YOU, YOUR PREMISES OR COMPANY EQUIPMENT. NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES, SUPPLIERS OR AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY SUCH FAILURE OR DAMAGE, INCLUDING LACK OF 911/E911 CAPABILITY OR DIALING ASSOCIATED WITH A SECURITY SYSTEM. YOUR USE OF CUSTOMER EQUIPMENT MAY PREVENT PROVISION OF SERVICE. The foregoing limitation of liability is in addition to and shall not limit any other limitation of liability set forth in this Agreement.

Customer Equipment. “Customer Equipment” means any Customer-owned or provided software, hardware or services that you elect to agrees that: (i) use in connection with the Service(s). You agree to allow us and our agents the rights to insert CableCARDs and other hardware in the Customer Equipment, send software and/or downloads to the Customer Equipment and install, configure, maintain, inspect and upgrade the Customer Equipment. You warrant you are either the owner of the Services may require certain equipment provided by Customer Equipment or that you have the authority to give us access to the Customer Equipment. You should call Customer Service at 0-000-XXX-XXXX to find out if it meets our technicalsuch as a personal computer, security cable modem and/or an appropriate operating system; and other requirements. We reserve the right to disallow (ii) for certain Services (e.g., Hosted VoIP), WOW! may in its discretion allow the use of Customer Equipment supplied equipment that we determine is not compatible with our networkmeets certain minimum requirements and specifications, subject to the terms of this Section ("Customer Equipment"). We WOW! shall have no obligation to provide, maintainmaintain or service the Customer Equipment. The current minimum technical and other requirements for Customer Equipment (including without limitation required computer hardware) in connection with the Services are posted on our website at xxx.xxxxxxxxxxxxxx.xxx or on another web site about which you have been notified, or service Customer Equipment, including, but not limited to, Customer Equipment will be provided to which the Company or a third party has sent software or downloadsyou by another means. These minimum requirements may be revised by us from time to time. If you proceed with the installation of or use the Service in conjunction with Customer EquipmentEquipment that does not meet the minimum requirements or specifications or is otherwise not supported by the WOW! network (a "Non-Recommended Configuration"), you agree that (i) you will not be entitled to customer support relating to any issues other than the quality of the signal delivered to the cable modem, and (ii) the following limitation of liability shall apply: THE COMPANY DOES NOT NEITHER WOW! NOR ANY OF ITS AFFILIATES, SUPPLIERS OR AGENTS WARRANT THAT CUSTOMER EQUIPMENT A NON-RECOMMENDED CONFIGURATION WILL ENABLE YOU TO SUCCESSFULLY INSTALL, ACCESS, OPERATE, OR USE THE SERVICE(S)SERVICE. YOU ACKNOWLEDGE THAT ANY SUCH INSTALLATION, ACCESS, OPERATION, OPERATION OR USE COULD CAUSE CUSTOMER EQUIPMENT TO FAIL TO OPERATE OR COULD CAUSE DAMAGE TO CUSTOMER EQUIPMENT, YOUINCLUDING WITHOUT LIMITATION CUSTOMER'S COMPUTER, YOUR PREMISES PHONE EQUIPMENT, PERIPHERALS, SOFTWARE OR COMPANY EQUIPMENTDATA. NEITHER THE COMPANY WOW! NOR ANY OF ITS AFFILIATES, SUPPLIERS AFFILIATES OR AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY SUCH FAILURE OR DAMAGE, INCLUDING LACK OF 911/E911 CAPABILITY OR DIALING ASSOCIATED WITH A SECURITY SYSTEM. YOUR USE OF CUSTOMER EQUIPMENT MAY PREVENT PROVISION OF SERVICE. The foregoing limitation of liability is in addition to and shall not limit any other limitation of liability set forth in this the Agreement. Customer represents that it owns the Customer Equipment or otherwise has the right to use such equipment in connection with the Services. WOW! assumes no responsibility for the condition or repair of any Customer Equipment or other equipment owned by any third party. WOW! is not responsible or liable for any loss, impairment or disruption of a Service due, in whole or in part, to a malfunction or defect in such Customer Equipment. If any Customer Equipment requires modification or reprogramming to make it compatible with WOW! provided Service, WOW! shall not be liable for any applicable costs or damages associated with modification or reprogramming. Customer further: (i) agrees to adequately repair and maintain all of the Customer Equipment and third party equipment (including any internal wiring) so that it does not interfere with the normal operations of the WOW!’s broadband system or network; (ii) agrees that it will not attach anything to the internal wiring or equipment that impairs the functionality or integrity of WOW!’s broadband system or network; and (iii) represents and warrants that it owns the cable, wiring (and devises connected to that wiring) and conduit currently located within and upon the premises and agrees that WOW! shall have full access to and use of such cable, wiring and conduit for the provision of WOW!’s services during the term of the Agreement.

Customer Equipment. “Customer agrees that use of the Services requires certain equipment provided by Customer such as a personal computer, cable modem and/or an appropriate operating system ("Customer Equipment” means any Customer-owned or provided software, hardware or services that you elect to use in connection with the Service(s"). You agree to allow us and our agents the rights to insert CableCARDs and other hardware in the Customer Equipment, send software and/or downloads to the Customer Equipment and install, configure, maintain, inspect and upgrade the Customer Equipment. You warrant you are either the owner of the Customer Equipment or that you have the authority to give us access to the Customer Equipment. You should call Customer Service at 0-000-XXX-XXXX to find out if it meets our technical, security and other requirements. We reserve the right to disallow the use of Customer Equipment that we determine is not compatible with our network. We WOW! shall have no obligation to provide, maintain, maintain or service the Customer Equipment, including, but not limited to, . The current minimum technical and other requirements for Customer Equipment (including without limitation required computer hardware) in connection with the Services are posted on our website at xxx.xxxxxx.xxx or on another web site about which you have been notified. These minimum requirements may be revised by us from time to which the Company or a third party has sent software or downloadstime. If you proceed with the installation of or use the Service in conjunction with Customer EquipmentEquipment that does not meet the minimum requirements (a "Non-Recommended Configuration"), you agree that (i) you will not be entitled to customer support relating to any issues other than the quality of the signal delivered to the cable modem, and (ii) the following limitation of liability shall apply: THE COMPANY DOES NOT NEITHER WOW! NOR ANY OF ITS AFFILIATES, SUPPLIERS OR AGENTS WARRANT THAT CUSTOMER EQUIPMENT A NON-RECOMMENDED CONFIGURATION WILL ENABLE YOU TO SUCCESSFULLY INSTALL, ACCESS, OPERATE, OR USE THE SERVICE(S)SERVICE. YOU ACKNOWLEDGE THAT ANY SUCH INSTALLATION, ACCESS, OPERATION, OPERATION OR USE COULD CAUSE CUSTOMER EQUIPMENT TO FAIL TO OPERATE OR COULD CAUSE DAMAGE TO CUSTOMER EQUIPMENT, YOUINCLUDING WITHOUT LIMITATION CUSTOMER'S COMPUTER, YOUR PREMISES PERIPHERALS, SOFTWARE OR COMPANY EQUIPMENTDATA. NEITHER THE COMPANY WOW! NOR ANY OF ITS AFFILIATES, SUPPLIERS AFFILIATES OR AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY SUCH FAILURE OR DAMAGE, INCLUDING LACK OF 911/E911 CAPABILITY OR DIALING ASSOCIATED WITH A SECURITY SYSTEM. YOUR USE OF CUSTOMER EQUIPMENT MAY PREVENT PROVISION OF SERVICE. The foregoing limitation of liability is in addition to and shall not limit any other limitation of liability set forth in this Agreement. Customer represents that it owns the Customer Equipment or otherwise has the right to use such equipment in connection with the Services. WOW! assumes no responsibility for the condition or repair of any Customer Equipment or other equipment owned by any third party. WOW! is not responsible or liable for any loss, impairment or disruption of a Service due, in whole or in part, to a malfunction or defect in such Customer Equipment. If any Customer Equipment requires modification or reprogramming to make it compatible with WOW! provided Service, WOW! shall not be liable for any applicable costs associated with modification or reprogramming charges. Customer further: (i) agrees to adequately repair and maintain all of the Customer Equipment and third party equipment (including any pre-existing internal wiring) so that it does not interfere with the normal operations of the WOW!’s broadband system; (ii) agrees that it will not attach anything to the internal wiring or equipment that impairs the functionality or integrity of WOW!’s broadband system; and (iii) represents and warrants that it owns the cable, wiring (and devises connected to that wiring) and conduit currently located within and upon the premises and agrees that WOW! shall have full access to and use of such cable, wiring and conduit for the provision of WOW!’s services during the term of this Agreement.

Customer Equipment. “Customer agrees that use of the Services requires certain equipment provided by Customer such as a personal computer, smartphone, cable modem, other devices, and/or an appropriate operating system ("Customer Equipment” means any Customer-owned or provided software, hardware or services that you elect to use in connection with the Service(s"). You agree to allow us and our agents the rights to insert CableCARDs and other hardware in the Customer Equipment, send software and/or downloads to the Customer Equipment and install, configure, maintain, inspect and upgrade the Customer Equipment. You warrant you are either the owner of the Customer Equipment or that you have the authority to give us access to the Customer Equipment. You should call Customer Service at 0-000-XXX-XXXX to find out if it meets our technical, security and other requirements. We reserve the right to disallow the use of Customer Equipment that we determine is not compatible with our network. We FIRE DOG shall have no obligation to provide, maintain, maintain or service the Customer Equipment. NEITHER FIRE DOG NOR ANY OF ITS AFFILIATES, including, but not limited to, Customer Equipment to which the Company or a third party has sent software or downloads. If you use Customer Equipment, you agree that the following limitation of liability shall apply: THE COMPANY DOES NOT SUPPLIERS OR AGENTS WARRANT THAT CUSTOMER EQUIPMENT YOUR CONFIGURATION OR DEVICE(S) WILL ENABLE YOU TO SUCCESSFULLY INSTALL, ACCESS, OPERATE, OR USE THE SERVICE(S)SERVICE. YOU ACKNOWLEDGE THAT ANY SUCH INSTALLATION, ACCESS, OPERATION, OPERATION OR USE COULD CAUSE CUSTOMER EQUIPMENT TO FAIL TO OPERATE OR COULD CAUSE DAMAGE TO CUSTOMER EQUIPMENT, YOUINCLUDING WITHOUT LIMITATION CUSTOMER'S COMPUTER, YOUR PREMISES PERIPHERALS, SOFTWARE OR COMPANY EQUIPMENTDATA. NEITHER THE COMPANY FIRE DOG NOR ANY OF ITS AFFILIATES, SUPPLIERS AFFILIATES OR AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY SUCH FAILURE OR DAMAGE, INCLUDING LACK OF 911/E911 CAPABILITY OR DIALING ASSOCIATED WITH A SECURITY SYSTEM. YOUR USE OF CUSTOMER EQUIPMENT MAY PREVENT PROVISION OF SERVICE. The foregoing limitation of liability is in addition to and shall not limit any other limitation of liability set forth in this Agreement. Customer represents that it owns the Customer Equipment or otherwise has the right to use such equipment in connection with the Services. FIRE DOG assumes no responsibility for the condition or repair of any Customer Equipment or other equipment owned by any third party. FIRE DOG is not responsible or liable for any loss, impairment or disruption of a Service due, in whole or in part, to a malfunction or defect in such Customer Equipment. If any Customer Equipment requires modification or reprogramming to make it compatible with FIRE DOG provided Service, FIRE DOG shall not be liable for any applicable costs associated with modification or reprogramming charges. Customer further: (i) agrees to adequately repair and maintain all of the Customer Equipment and third party equipment (including any internal wiring) so that it does not interfere with the normal operations of the FIRE DOG’s systems; (ii) agrees that it will not attach anything to the internal wiring or equipment that impairs the functionality or integrity of FIRE DOG’s systems; and (iii) represents and warrants that it owns the cable, wiring (and devices connected to that wiring) and conduit currently located within and upon the premises and agrees that FIRE DOG shall have full access to and use of such cable, wiring and conduit for the provision of FIRE DOG’s services during the term of this Agreement. General Warranty Limitations; Limitation of Liability. CUSTOMER UNDERSTANDS AND AGREES THAT ALL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE CUSTOMER’S USE IS ENTIRELY AT ITS OWN RISK. FIRE DOG, ITS PARENT, AFFILIATES AND SUBSIDIARIES AND THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, LICENSORS, DISTRIBUTORS, CONTRACTORS AND AGENTS (THE “FIRE DOG ENTITIES”) MAKES NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICES BEING OFFERED, ITS NETWORK, ANY OF ITS SYSTEM EQUIPMENT OR SOFTWARE, OR THE NETWORKS, SYSTEMS OR SOFTWARE OF THIRD PARTIES, OR ANY EQUIPMENT USED BY THE CUSTOMER, INCLUDING, BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED OR STATUTORY WARRANTY OF MERCHANTABILITY OR FITNESS OF THE SERVICES OR EQUIPMENT FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY THIRD PARTY RIGHTS, TO THE FULLEST EXTENT POSSIBLE. FIRE DOG SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY, AND MAKES NO WARRANTY, FOR THE SUBSTANCE, ACCURACY OR QUALITY OF PROGRAMMING OR INFORMATION OBTAINED THROUGH ITS SYSTEM OR NETWORK, OR THAT THE SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, VIRUS- FREE, ERROR-FREE OR FREE FROM OTHER HARMFUL COMPONENTS. FIRE DOG MAKES NO WARRANTY THAT THE QUALITY OF THE SERVICES WILL MEET CUSTOMER’S EXPECTATIONS. THE SERVICE IS NOT FAIL-SAFE AND IS NOT DESIGNED OR INTENDED FOR USE IN SITUATIONS REQUIRING FAIL-SAFE PERFORMANCE OR IN WHICH AN ERROR OR INTERRUPTION IN THE SERVICE OR BREACH OF SECURITY COULD LEAD TO SEVERE INJURY TO BUSINESS, PERSONS, PROPERTY OR ENVIRONMENT ("HIGH RISK ACTIVITIES"). THESE HIGH RISK ACTIVITIES MAY INCLUDE, WITHOUT LIMITATION, SITUATIONS REQUIRING FAIL-SAFE PHONE AND EMERGENCY SERVICE ACCESS DUE TO MEDICAL CONDITIONS OR OTHER EMERGENCIES, VITAL BUSINESS OR PERSONAL COMMUNICATIONS, OR ACTIVITIES WHERE ABSOLUTELY ACCURATE DATA OR INFORMATION IS REQUIRED. CUSTOMER EXPRESSLY ASSUMES THE RISKS OF ANY DAMAGES RESULTING FROM HIGH RISK ACTIVITIES. CUSTOMER UNDERSTANDS AND ACCEPTS THE RISKS ASSOCIATED WITH FAILING TO BACK-UP ALL EXISTING COMPUTER FILES BY COPYING THEM TO ANOTHER STORAGE MEDIUM. THE FIRE DOG ENTITIES SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY SOFTWARE, COMPUTER PERIPHERALS, FILES, INFORMATION OR DATA. CUSTOMER ASSUMES ALL RISKS ASSOCIATED WITH “FILE SHARING.” CUSTOMER FURTHER UNDERSTANDS AND AGREES THAT FIRE DOG HAS NOT MADE ANY GUARANTEES OR PROMISES WITH RESPECT TO THE SPECIFIC DATE ON WHICH SERVICES WILL BE MADE AVAILABLE TO THE CUSTOMER. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT FIRE DOG HAS ADVISED THE CUSTOMER NOT TO TERMINATE ANY SERVICES THAT IT IS NOW RECEIVING FOR OTHER SERVICE PROVIDERS IN RELIANCE ON FIRE DOG ESTIMATES AS TO WHEN SUCH SERVICE WILL BE AVAILABLE. EXCEPT FOR THE CREDITS SPECIFIED IN THIS AGREEMENT AND TO THE FULLEST EXTENT PERMITTED BY LAW: (I) IN NO EVENT SHALL THE FIRE DOG ENTITIES BE LIABLE FOR ANY DIRECT, EXEMPLARY, MULTIPLIED, STATUTORY, INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE LOSS OF GOODWILL OR PROFITS, WAGES, SAVINGS OR REVENUE, HARM TO BUSINESS, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY CAUSE WHATSOEVER), ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR THE CUSTOMER’S USE OF OR INABILITY TO USE FIRE DOG SERVICES, EQUIPMENT OR SOFTWARE, INCLUDING THE USE OR INABILITY TO ACCESS EMERGENCY 911 SERVICES AND ALARM MONITORING SERVICES, DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, UNINTENDED SERVICE INFORMATION, NON- DELIVERY, INCORRECT DELIVERY, VIRUSES OR DEFECTS IN THE TRANSMISSION OF ANY INFORMATION, MATERIAL OR DATA OVER OR THROUGH FIRE DOG'S SYSTEMS OR NETWORKS OR THE SYSTEMS OR NETWORKS OF THIRD PARTIES, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH LIABILITY; AND (II) IN NO EVENT SHALL THE FIRE DOG ENTITIES LIABILITY FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT EXCEED THE GREATER OF THE TOTAL INVOICE AMOUNT INCURRED BY THE CUSTOMER DURING THE ONE MONTH IMMEDIATELY PRECEDING THE OCCURRENCE GIVING RISE TO SUCH CAUSE OF ACTION OR FIVE ($5.00) DOLLARS. THE FEES FOR THE SERVICES SET BY FIRE DOG HEREUNDER HAVE BEEN AND WILL CONTINUE TO BE BASED UPON VARIOUS FACTORS INCLUDING THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE TO THE FULLEST EXTENT PERMITTED BY LAW THE FIRE DOG ENTITIES FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED IN THIS AGREEMENT.