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Docuslgn Envelope ID:9BDBD300-F972-4CCB-8D30-40FE04AAD195 <br /> V Peregrine <br /> • Factors outside of Peregrine's reasonable control, including but not limited to Force Majeure Events <br /> as defined in the Agreement; <br /> • End User's use of the Service in a manner inconsistent with Peregrine's published documentation or <br /> reasonable instructions; <br /> • End User's failure to maintain a supported environment as described in the End User <br /> Responsibilities; <br /> • Failures of End User's internet connectivity, network, hardware, software, or other third-party <br /> services or technology not provided by Peregrine; <br /> • Beta features, pre-release functionality, custom development, or experimental features; <br /> • Scheduled Maintenance or Emergency Maintenance; <br /> • End User-requested downtime or suspension of Service. <br /> 10. Remedies and Limitations <br /> Peregrine will use commercially reasonable efforts to meet the service level commitments set forth in <br /> this SLA. In the event Peregrine fails to meet the Availability commitment or response targets specified <br /> herein, End User's sole and exclusive remedy shall be for Peregrine to use commercially reasonable <br /> efforts to restore the Service to the applicable standards. <br /> Peregrine does not guarantee uninterrupted or error-free operation of the Service. Service credits, <br /> refunds, or other remedies shall not apply unless expressly set forth in the Agreement or a separately <br /> executed Sales Agreement. <br /> In no event shall Peregrine be liable for any damages, penalties, or remedies arising out of or relating to <br /> Service availability or support commitments beyond those expressly set forth in this SLA. For Severity 1 <br /> (Critical) Incidents, Peregrine's commitment is to exercise continuous best efforts to achieve the <br /> targeted response, workaround, and resolution timeframes, but Peregrine does not warrant that such <br /> timeframes will always be achieved or that uninterrupted Service will be maintained. <br /> 11. General Terms <br /> Incorporation into Agreement.This SLA is incorporated into and forms part of the Agreement. All terms <br /> and conditions of the Agreement apply to this SLA, including without limitation limitations of liability, <br /> disclaimers, and dispute resolution provisions. <br /> Termination of SLA. This SLA shall terminate automatically upon the expiration or termination of the <br /> Agreement. No service levels or related obligations under this SLA shall survive the termination or <br /> expiration of the Agreement. <br /> Modifications. Peregrine may modify the terms of this SLA from time to time to reflect changes in the <br /> Service, improvements in industry standards, or changes in operational practices. Any modifications will <br /> apply prospectively and will become effective upon reasonable notice to End Users or as otherwise <br /> specified in the Agreement. <br />