AG19910617 - Laserfiche WebLink

Home Browse Search

and all of Customer's Products. ' ' 5. E~cluded Coverage This Agreement does not require BRC to repair or replace (i) ribbons or other supplies which need repair Or replacement as a result Of normal wear and tear; (ii) parts f~r Products which have been repaired, altered or transported by persons other than those trained or otherwise authorized by BRC; (iii) parts for Products from which the serial numbers have been removed, defaced or changed; (iv) parts for Products damaged as a result of accident, disaster, theft, vandalism, neglect, abuse, use of any Product for a purpose other than.the purpose for which it is designed or use not in accordance with instructions furnished by BRC; (v) parts for Products which have been subjected to physical, mechanical or electrical design alteration or any conversion by persons other than those trained by or expressly approved in writing by BRC; or (vi) parts for Products used by any person other than Customer's employees or persons under Customer's direct supervision. 6. Customer's Remedies If BRC defaults in any of its obligations under this Agreement and fails to cure such default within ten (10) days after written notice of such default is sent by Customer to BRC, then and in that event Customer shall be entitled to declare this Agreement terminated and shall be entitled thereupon to a refund from BRC of a pro rata portion (based upon the number of months remaining in the contract year) of the annual parts-only maintenance fee paid for that maintenance year to BRC by Customer. Customer ~cknowledges that it has sole control over the Products. Accordingly, BRC shall not be liable to Customer for damages in any way related to or connected with results obtained from or otherwise contributed to by the Products. Except for personal injury losses or for damage to property caused by BRC or its agents to the Customer's Products while it is servicing or inspecting them, BRC's liability for any losses or damages of any nature, whether direct, indirect or incidental, arising from its performance of this Agreement, shall be limited to the aggregate amount of the fees paid by Customer to BRC pursuant to this Agreement. Except as noted above, BRC SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAFu%GES OF ANY NATURE I~{ATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED REVENUES OR PROFITS, OR FOR ANY CLAIM OR DEMAND AGAINST CUSTOMER BY ANY THIRD PARTY, IN CONNECTION WITH OR ARISING OUT OF BRC'S PERFORMANCE UNDER THIS HARDWARE MAINTENANCE AGREEMENT. 7. Miscellaneous A. Force Majeure BRC or Customer shall be excused from performance hereunder for any period either BRC or Customer is prevented from performing its respective obligations hereunder in whole or in part as a result ~f an act of God, war civil disturbance, court order, labor dispute or other cause beyond its reasonable control. In addition, such nonperformance shall not be a ground for termination or default.