Common use of Services and Warranties Clause in Contracts

Services and Warranties. Right Networks agrees to provide the Services in accordance with the terms of this Agreement. Notwithstanding the foregoing, because many events and circumstances are beyond the control of Right Networks, Right Networks does not in any way warrant or otherwise guarantee the availability or performance of the Third Party Leased Software that comprise the Services, and is not responsible for any delay or loss of data or other data corruption, lack of or slow internet connectivity, lack of or slow computer processing, insufficient memory, driver incompatibility, version incompatibility, or any other issues that may arise, whether or not due to the negligence of Right Networks. Right Networks does not guarantee that Customer Data cannot be stolen, exfiltrated, lost, damaged, altered, deleted or manipulated. Right Networks does not guarantee that your computer will not get a virus, malware, hacked, ransomwared, infected or otherwise attacked or compromised, or that Right Networks will detect any such intrusion. In the event Customer Data is compromised, Right Networks will use commercially reasonable efforts to restore your Customer Data, settings, and configurations to restore you to your original position. Notwithstanding anything in this Agreement to the contrary, Right Networks may, at its sole discretion, take all such actions as it may deem necessary or advisable to assure the security of its network, the integrity of the network structure, or to prevent damage to its network, its software or any data stored on the Right Networks servers. THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS, AND RIGHT NETWORKS MAKES NO WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER WRITTEN OR ORAL, OR EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT WITH RESPECT TO THE USE, MISUSE, OR INABILTY TO USE THE SERVICES OR ANY PORTION, COPY OR COMPONENTS THEREOF) OR ANY OTHER PRODUCTS OR SERVICES PROVIDED BY RIGHT NETWORKS, OR THEIR QUALITY OR RELIABILITY, OR OTHERWISE ARISING UNDER THIS AGREEMENT. Information obtained by you from the internet may be inaccurate, offensive or in some cases even illegal. With the exception of the content found on Right Networks websites, Right Networks has no control over information contained on the internet. Right Networks, therefore, accepts no responsibility or liability for any information which you may receive from the internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you obtain from the internet as well as the reputation of the individuals with whom you may deal. RIGHT NETWORKS PROVIDES NO WARRANTY FOR ANY GOODS OR SERVICES WHICH YOU OBTAIN OVER THE INTERNET, NOR THE COMPATIBILITY OF ANY SUCH SERVICES WITH YOUR ACTIVE COMPUTERS OR THE NETWORK.

Services and Warranties. Right Networks agrees to provide the Services in accordance with the terms of this Agreement. Notwithstanding the foregoing, because many events and circumstances are beyond the control of Right Networks, Right Networks does not in any way warrant or otherwise guarantee the availability or performance of the Services, including, without limitation, the Third Party Leased Software Licensed Services that comprise the Services, and is not responsible for any delay or loss of data or other data corruption, lack of or slow internet connectivity, lack of or slow computer processing, insufficient memory, driver incompatibility, version incompatibility, or any other issues that may arise, whether or not due to the negligence of Right Networks. You acknowledge and agree that the Services are for educational purposes only. Right Networks is not a law firm and it does not guarantee that Customer Data cannot be stolen, exfiltrated, lost, damaged, altered, deleted provide any professional or manipulatedadvisory services. Right Networks does not guarantee that your computer use of the Services will not get prevent your computers, networks, and other information technology systems from a virus, malware, hackedhacking, ransomwaredransomware, infected infection or otherwise being attacked or compromised. Furthermore, Right Networks does not guarantee that your use of the Services will prevent you or your employees from clicking on phishing emails or becoming victims of a cyberattack. Specifically, any “phishing reporting” tool included in the Services is for educational purposes only and you understand and acknowledge that Right Networks will detect not take any such intrusion. In the event Customer Data action or provide any assistance to you if a real phishing email is compromised, Right Networks will use commercially reasonable efforts to restore your Customer Data, settings, and configurations to restore identified by you to your original position. Notwithstanding anything in this Agreement to the contrary, Right Networks may, at its sole discretion, take all such actions as it may deem necessary or advisable to assure the security of its network, the integrity of the network structure, or to prevent damage to its network, its software or any data stored on the Right Networks serversof your employees. THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS, AND RIGHT NETWORKS MAKES NO WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER WRITTEN OR ORAL, OR EXPRESS, IMPLIED, OR STATUTORY STATUTORY, AT LAW OR IN EQUITY, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT WITH RESPECT TO THE USE, MISUSE, OR INABILTY TO USE THE SERVICES OR ANY PORTION, COPY OR COMPONENTS THEREOF) OR ANY OTHER PRODUCTS OR SERVICES PROVIDED BY RIGHT NETWORKS, OR THEIR QUALITY OR RELIABILITY, OR OTHERWISE ARISING UNDER THIS AGREEMENT. Information obtained by you from THE SERVICES MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT RIGHT NETWORKS AND ITS VENDORS AND LICENSORS DO NOT OPERATE OR CONTROL THE INTERNET AND THAT: (A) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (B) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO, AND DAMAGE, CUSTOMER DATA, WEB-SITES, COMPUTERS, OR NETWORKS. RIGHT NETWORKS IS NOT RESPONSIBLE FOR THOSE ACTIVITIES. FURTHER, EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS. Your sole remedy for any problems or dissatisfaction with the internet may be inaccurate, offensive or in some cases even illegalServices is to cancel the Services. With the exception of the content found on Right Networks websites, You agree that Right Networks has no control over information contained on the internet. Right Networks, therefore, accepts no responsibility obligation or liability for arising from third party applications, including the Third Party Licensed Services, or any information which content that you access via the Services, and that any relationship with such third-party applications may receive from the internetbe governed by separate agreements with those third parties. You accept full responsibility agree to verify comply and to cause your Users to comply with any applicable third party terms and obligations when utilizing the truth and accuracyServices, legality and ownership regardless of the information that you obtain from the internet as well as the reputation of the individuals with whom you may deal. RIGHT NETWORKS PROVIDES NO WARRANTY FOR ANY GOODS OR SERVICES WHICH YOU OBTAIN OVER THE INTERNET, NOR THE COMPATIBILITY OF ANY SUCH SERVICES WITH YOUR ACTIVE COMPUTERS OR THE NETWORKwhether payment for these services is made directly to Right Networks or to an affiliated third party provider.