Contractor warrants that the Services to be provided by Contractor as set forth in this SOW (“Services”) shall be performed in accordance with (i) the prevailing standard of care, skill and diligence exercised by experienced consultants in the Information Security industry, (ii) all applicable laws, and (iii) the specifications set forth in this SOW. Customer shall provide Contractor with written notice and details of any alleged breach of the foregoing warranty by sixty (60) days after completion of the Services. Except as otherwise provided in this SOW, the warranties stated herein are limited warranties and are the only warranties made by Contractor. Warranty excludes any product or manufacturer defects, which are
covered by product warranty or support services in the end user license agreement with End User.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL EITHER PARTY HAVE ANY LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS SOW OR OTHERWISE FOR ANY (I) DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, EQUIPMENT DOWNTIME, OR (II) CONSEQUENTIAL, EXEMPLARY, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY’S LIABILITY ARISING OUT OF, OR CONNECTED WITH THIS SOW SHALL BE LIMITED TO THE ACTUAL DIRECT DAMAGES INCURRED BY THE OTHER PARTY. This limitation of liability shall not apply to Contractor’s obligations of indemnification under the Professional Services agreement.
Restriction of use / Limitation of Distribution
VVL Systems grants customer a limited-use, non-transferrable rights of the provided software content, measured as individual “ZipKits” on a per-DISA STIG package. This license allows for use within one (1) enterprise and one (1) Production TrueSight Server Automation (TSSA) instance. A TSSA instance is defined as an installation base of TSSA (also known as BladeLogic) application server/job server, whereas operating as a Multiple Application Server (MAS) or single instance. TSSA instance operating as separate isolated instances (meaning, separate database back ends) are not considered a single instance, and therefore consume multiple licenses. The provided licensed product shall not be transferred, sold, or distributed without prior written consent from VVL Systems.
VVL Systems warrants that the product delivered is free of defects or malfunction. NO WARRANTY IS PROVIDED FOR INTEGRATION TO THIRD PARTY APPLICATIONS OR CUSTOMER SYSTEMS.
If customer has opted for the Yearly Support Subscription service, VVL systems shall provide quarterly updates (if content is available/necessary) to cover defects, enhancements, and additional content available for the related Application DISA STIG. Customer shall receive updates in the form of new ZipKits for the related content subscribed.