Third Party Software and Services. Company acknowledges that Third Party Products may constitute part of the Licensed System. Company's use of Third Party Products shall be subject to the terms and conditions of this Agreement; provided, however, access, use, maintenance and support of Third Party Products made available to Company after an applicable License Effective Date may be conditioned upon Company's execution of an agreement with the applicable Third Party Provider ("THIRD PARTY AGREEMENT") which would provide for certain rights and obligations between the Company and the Third Party Provider ("DIRECT THIRD PARTY PRODUCT"), in which case the terms of the Third Party Agreement will also apply to Company's use of the particular Third Party Product. Notwithstanding the foregoing sentences of this Section 2.3, Company acknowledges that BNYM is not responsible for, nor does BNYM warrant the performance or other features of, nor can it fix errors or defects in, third party software and services and BNYM's sole obligation with respect to third party software and services is to inform the third party of any errors, defects, deficiencies or other matters regarding the third party software and services of which BNYM is made aware by Company.
Appears in 5 contracts
Samples: Transfer Agency and Shareholder Services Agreement (First Trust Series Fund), Transfer Agency and Shareholder Services Agreement (First Trust Series Fund), Transfer Agency and Shareholder Services Agreement (First Trust Variable Insurance Trust)
