20 A-61578 September 2006
NOTE: If Kodak determines that Parts needed to maintain or repair
equipment are not available, Kodak will cancel the
Agreement and issue a prorated credit for any remaining
prepaid coverage.
5. Property of Kodak. Maintenance material, tools, documentation,
diagnostics and test equipment provided by Kodak shall remain the
exclusive property of Kodak.
6. Limitations. The Services outlined in these terms are Kodak's only
obligation. Kodak will not be responsible for any indirect, incidental,
consequential or special damages resulting from the sale, use,
improper functioning or inability to use the Products and/or related
software, regardless of the cause. Such damages for which Kodak
will not be responsible include, but are not limited to, loss of revenue
or profit, loss of data, downtime costs, loss of use of the Product,
cost of any substitute Product, facilities or services. This limitation of
liability will not apply to claims for injury to persons or damage to
tangible property caused by the sole negligence of Kodak or by
persons under its complete direction or control.
7. This Agreement does not cover, and Kodak shall not be
responsible for:
• operating system services (e.g., database maintenance/recovery,
product integration or application support);
• system administration services (e.g., system restarts, error
monitoring and reporting basic system matters, including
restoring the database);
• network system administration (e.g., installation of new software
packages, maintenance of user and group accounts, solving
network problems, performing system maintenance functions,
monitoring networks, installing application software, maintaining
configurations);
• consultation services;
• version release or software support to other than licensed Kodak
Software Products;
• Product installation, set-up, configuration or other non-repair
services;
• cable and installation of cable runs or any acquisition of permits;
• Customer training;
• circumstances beyond Kodak's control (such as customer
overriding, bypassing or defeating interlock switches on Products
or devices sold by Kodak or any other 3rd party);
• problems due to failure of Customer to conform to site
specifications provided in the user documentation, or provided by
the manufacturer;
• time spent in locating Product not at the specified location or
waiting for Product availability;
• relocation of Product or service associated with relocation;