Common use of Exclusions from Support Clause in Contracts

Exclusions from Support. Support Services do not cover (and Forward Networks is not responsible for) issues arising from: (a) Customer’s equipment, software, network connections or other infrastructure; (b) accident, negligence, improper installation, misapplication, abuse, or misuse of the Solution, or use of the Solution by Customer in a manner not consistent with the Documentation or this Agreement; (c) modifications to the Solution by any party other than Forward Networks; (d) third-party systems; (e) Customer’s failure to use the most recent version of the Software; or (f) general Internet problems, force majeure events (as described in the Agreement), or other factors outside of Forward Networks’ reasonable control. Additional charges may apply if Forward Networks determines that the cause of a Support Services request was not related to the Solution or the request is not covered by Forward Networks’ obligations. Support does not cover, and Forward Networks disclaims any responsibility for, support requests related to Third-Party Software. Forward Networks may suspend Support Services if Customer fails to cooperate with Forward Networks’ technical recommendations or instructions. Support Services specifically exclude any other services, such as custom programming, interface development and testing, data services, software engineering services such as porting, application development, or any other software development services. Any such services mutually agreed by the Parties will be governed by a separate professional services agreement. The terms and conditions in this Exhibit C will additionally apply with respect to Customer’s use of Software via the Forward Networks SaaS Service. These terms and conditions do not apply to Customer’s use of On-Premises Software.