Common use of Failures Clause in Contracts

Failures. Arista is not liable or responsible for any failure resulting from Customer’s breach of this Agreement or negligence. At minimum, the Customer is obligated to ensure the following environmental failures do not impact the operation of the Awake Security Platform: • Customer’s failure to adhere to Arista recommended configurations. • Customer’s use of the Products to screen more traffic than Customer originally purchased a license for as reflected in the order confirmation (“Excess Data”). • Customer’s failure to host the Products in a secure environment on-premise or in a remote facility assigned to the Customer, including appropriate mounting, cooling, theft, audit trails and wiring of the related Hardware. • Service disruption or degradation failures caused by other Customer equipment, routing or firewall configurations, and telecommunications failures. • Service disruption or degradation failures caused by Customer configurations of Product in a manner that does not conform to the Documentation or Specifications. • Changes to the Product resulting in degradation or failure without reasonable prior notification and written approval. This Statement of Work No. (this “Statement of Work”) is entered into between the Arista entity identified below on behalf of itself and its Affiliates (“Arista”) and the customer specified in the table below (“Customer”) and is effective as of the date of the last signature below (“SOW# Effective Date”). This Statement of Work is incorporated into, governed by and made a part of the Master Services Agreement dated by and between Arista and Customer (“Agreement”). Capitalized terms not defined herein have the same meanings set forth in the Agreement. In the event of a conflict between the terms of this SOW and the terms of the Agreement, the terms of this SOW shall prevail for this SOW only.