CYBERSECURITY SERVICES. With respect to any cybersecurity-related Services, software, SaaS or related hardware (“Cybersecurity Services”), Honeywell may provide professional judgment, technical expertise, and advice regarding Buyer’s cyber risk management program. As system performance and security are subject to multiple factors outside of Honeywell’s control, Honeywell does not warrant or guarantee the Cybersecurity Services will prevent or mitigate any act or attempt to disrupt, misuse, or gain unauthorized access to any system or electronic facilities or operations that results in a loss, alteration or disclosure of data, system downtime or degradation or loss of operation or services relating to the Cybersecurity Services (an “Event”). ▇▇▇▇▇ agrees and understands that Honeywell cannot and does not, and that by working with Honeywell or using Offerings, Buyer may not prevent Events (either actual or attempted). ▇▇▇▇▇ agrees and expressly acknowledges that Buyer is responsible for its own cyber risk management program, including those responsibilities set forth in this section and in this Agreement, and must participate in Buyer’s own defense and work with Honeywell to create a prioritized, flexible, repeatable, performance-based, and cost-effective process to identify, assess, and manage cyber risk throughout Buyer’s enterprise. Honeywell shall have no liability in connection with any Event unless the Event was caused by defective Products, Software or Services provided by Honeywell, in which case Honeywell’s sole liability and Buyer’s exclusive remedy in respect of an Event is the replacement or repair of defective Products or Software, or re-performance of defective services under the applicable warranty in this Agreement.
Appears in 2 contracts
Sources: Labor and Installation Agreement, Service Agreement