Common use of EXCLUSIONS FROM SCOPE Clause in Contracts

EXCLUSIONS FROM SCOPE. The Scope of Service for Repair is limited to Repair Cases which arise during normal operations of the System. The Scope of Service for Repair expressly excludes any malfunction or failure of, or damage to, the System which is due to any of the following (each an “Excluded Event”): • Customer’s failure to maintain and operate the System in accordance with its documentation, to promptly install new Releases of the Software, or to consummate and fulfill any other Customer Responsibilities specified below or agreed in the Contract; • exposure of the System to fire, water, electric energy, brute force or similar external influences. The Customer must separately order repair services for a failure caused by an Excluded Event on a time and materials basis. The basic service activities on the System which are specified in Annex A.2 (“Basic Service Actions”) are excluded from the Scope of Service and must be performed by the Customer itself if and when required. The Scope of Service for Maintenance is limited to regular pre-emptive maintenance and excludes any corrective action whatsoever. The Scope of Service for Software Support is limited to the latest Release of the Software and, for the first twelve months following general availability of such Release, also for the immediately preceding Release of the Software. DyeMansion will provide Software Support for each Release for no less than 12 months from its general availability. Software Support does not include: • installation of Improvements, • data backup or migration, • individual customization, • support for Errors caused by Customer’s failure to maintain and operate the System in accordance with its documentation, to promptly install new Releases of the Software, or to consummate and fulfill any other Customer Responsibilities specified below or agreed in the Contract; or • support for Errors related to third party software. DyeMansion shall not be required to provide Software Support if a reported problem is not caused by a reproducible Error of the Software, in particular if it is caused by possible interference from hardware, network problem, operating systems or other software applications which have not been delivered or certified by DyeMansion; and / or if the Software has been adapted, modified or enhanced by a party other than DyeMansion or a service provider certified by DyeMansion. DyeMansion GmbH ▇▇▇▇▇▇-▇▇▇▇-▇▇▇▇▇▇ ▇ 82152 Planegg-Munich Phone +▇▇ ▇▇ ▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇.▇▇▇▇▇▇▇▇▇▇.▇▇▇ Hypovereinsbank BLZ 700 202 70 Account 15159134 Commercial register Amtsgericht München HRB 205622 Managing Director: ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇

EXCLUSIONS FROM SCOPE. The Scope of Service for Repair is limited to Repair Cases which arise during normal operations of the System. The Scope of Service for Repair expressly excludes any malfunction or failure of, or damage to, the System which is due to any of the following (each an “Excluded Event”): • Customer’s failure to maintain and operate the System in accordance with its documentation, to promptly install new Releases of the Software, or to consummate and fulfill any other Customer Responsibilities specified below or agreed in the Contract; • exposure of the System to fire, water, electric energy, brute force or similar external influences. The Customer must separately order repair services for a failure caused by an Excluded Event on a time and materials basis. The basic service activities on the System which are specified in Annex A.2 (“Basic Service Actions”) are excluded from the Scope of Service and must be performed by the Customer itself if and when required. The Scope of Service for Maintenance is limited to regular pre-emptive maintenance and excludes any corrective action whatsoever. The Scope of Service for Software Support is limited to the latest Release of the Software and, for the first twelve months following general availability of such Release, also for the immediately preceding Release of the Software. DyeMansion will provide Software Support for each Release for no less than 12 months from its general availability. Software Support does not include: • installation of Improvements, • data backup or migration, • individual customization, • support for Errors caused by Customer’s failure to maintain and operate the System in accordance with its documentation, to promptly install new Releases of the Software, or to consummate and fulfill any other Customer Responsibilities specified below or agreed in the Contract; or • support for Errors related to third party software. DyeMansion shall not be required to provide Software Support if a reported problem is not caused by a reproducible Error of the Software, in particular if it is caused by possible interference from hardware, network problem, operating systems or other software applications which have not been delivered or certified by DyeMansion; and / or if the Software has been adapted, modified or enhanced by a party other than DyeMansion or a service provider certified by DyeMansion. DyeMansion GmbH ▇▇▇▇▇▇-▇▇▇▇-▇▇▇▇▇▇ ▇ 82152 Planegg-Munich Phone +▇▇ ▇▇ ▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇.▇▇▇▇▇▇▇▇▇▇.▇▇▇ Hypovereinsbank BLZ 700 202 70 Account 15159134 Commercial register Amtsgericht München HRB 205622 Managing Director: ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇