Error Correction. Formidium shall use commercially reasonable efforts to correct all Errors, to provide a reasonable workaround, and to maintain 24/7 availability to the Formidium Systems. The Client shall provide such access, information, and support as Formidium may reasonably require for Error support. Formidium has no other liability to the Client for Errors or unavailability of the Formidium Systems. Without limiting the foregoing, Formidium is not obligated to correct any Errors or provide any other support if such Errors or need for support was created in whole or in part by: (i) the Client’s acts, omissions, negligence or willful misconduct, including any breach of applicable law, rule or regulation or this Agreement or any changes to the Client’s operating environment; (ii) any failure or defect of the Client’s or a third-party’s equipment, software, facilities, applications, or internet connectivity; or (iii) a cause outside the control of Formidium, such as a Force Majeure Event. A Force Majeure Event is defined as acts of God, war, labor disputes or strikes, riot, piracy, sabotage, storm, terrorist attack, fire, pandemic or quarantine restrictions, acts of governmental agencies, regulators or authorities, equipment or transmission failure or damage, electrical, internet, or telecommunication outage, in each case, reasonably beyond its control, or other causes reasonably beyond its control.
Appears in 6 contracts
Samples: Formidium User Agreement, Formidium User Agreement, Formidium User Agreement
