Exclusions from Maintenance and Support
The following are expressly excluded from the Maintenance and Support Services:
- With respect to the use and operation of the Software:
- Alteration of the Software by any person other than Egnyte
- Use of obsolete versions of the Software
- Use of equipment or accessories not listed in the Documentation
- Use of the Software not in compliance with the specifications set out in the relevant Documentation
- Repair of damage resulting from accident, negligence,
failure of related equipment or from any other cause not attributable to
- The consequences of breakdowns, critical situations,
blockages and loss of operating time attributable to Licensee, in
particular as regards accidental loss of files or data, or in relation
to the operation of the system. Licensee shall be responsible for taking
such steps and safeguards for the avoidance of any data, file or
program loss as are required, taking into account the value attributed
to such data, file or program and the potential cost of reconstruction
of the same;
- In general, all services not described herein (e.g., any
adaptation, extension or improvement of the Software that may be
desired by Licensee).
Collaboration between the parties
Licensee hereby acknowledges that the services covered by
this Agreement require active and regular collaboration between
Licensee and Egnyte.
In order to facilitate the work, Licensee hereby
undertakes to make the necessary means in transport, power and machine
time available to Egnyte and to its technicians so that such work may be
as efficient as possible.
Licensee shall appoint a technical contact authorized to
provide all relevant documents and information and to represent it for
all work performed by Egnyte.