If for any reason remote access is not available or appropriate and field service is required then, CIM is entitled to levy additional charges in respect of reasonable and verifiable travel costs and disbursements incurred by CIM for the purpose of technical support. Before exercising this right, CIM will discuss the relevant circumstances with the Customer in good faith and attempt to agree a resolution.
If Customer provides such Feedback, Customer grants to CIM a royalty-free, fully paid, sub-licensable, transferable, non-exclusive, irrevocable, perpetual, worldwide right and license to use, license, and commercialize Feedback including by incorporation of such Feedback into the Services and the PEAK Platform without restriction.
Accordingly, the Customer must:. Notwithstanding the foregoing, Confidential Information does not include information which:. Although CIM agrees to use reasonable commercial endeavours to ensure accuracy and reliability of the Services, CIM does not warrant the accuracy of the Machine Level Data or the CIM Data, or any other Information provided to Customer as part of the Services, and is not liable for inaccuracies or omissions whether caused through failure of the PEAK Platform or caused through inaccuracies, omissions, or other technical failure of data supplied to CIM by third parties or Customer.
To the maximum extent allowed by Law, CIM disclaims all warranties of anykind express, implied, statutory, or otherwise, oral or written, including warranties of merchantability, accuracy, title, non-infringement, or fitness for a particular purpose, and any warranties arising fromusage of trade, course of dealing, or course of performance.
Without limiting the foregoing, CIM specifically does not warrant that the PEAK Platform or the Services will meet the requirements of Customer or others or will be accurate or operate without interruption or error. Customer acknowledges that in entering this Agreement, it has not relied on any promise, warranty, or representation not expressly set forth in this Agreement. CIM, its licensors, and suppliers expressly disclaim all warranties of fitness for any such use.
