Common use of Support Services Exclusions Clause in Contracts

Support Services Exclusions. 4.1 Unless expressly agreed to by Seller, Support Services to be provided under this Agreement do not include: A. Performing preventive maintenance to System; B. Repair of Product due to normal Product attrition; C. Making corrections to user-defined reports; D. Making specification changes or performing Services connected with relocation of the Product; E. Service which is impractical for Seller to render because of changes not authorized by Seller in the hardware configuration, Seller's Product or the Product environment in which Seller's Product operates; and F. Modification, repair or replacement of Product, repair of damage, or increase in Seller service time caused by: (1) Failure to continually provide a suitable operational environment with all facilities prescribed by the applicable document including, but not limited to, the failure to provide, or the failure of, adequate electrical power, air conditioning, or humidity control; (2) The use of the Product in a manner not in accordance with its specifications, operating instruction or license-to-use; (3) Accident or disaster, which shall include, but not be limited to, fire, flood, earthquake, water, wind and lightning; transportation; neglect or misuse; pest damage; or power failures or surges from sources external to the Product; (4) Modifications, maintenance, or repair performed by other than Seller or by Customer or others not in compliance with Seller's published instructions. (5) Attachment of unspecified or non-approved products to the Product, including updates from manufacturers of Third Party Software that have not been verified by Seller, or failure of a processor or other equipment or software not maintained by Seller, or failure of removable or rotating storage media. G. Problem Management as defined below: