Backup Systems Support Services Release Of Liability

Please print, sign, and fax to 978-856-2209.

PURPOSE
The client (listed below) has requested that GenesisFour provide evaluation and/or support services specifically relating to the process of data backup for a computer system which may or may not have been supplied by GenesisFour, and which may or may not be used in connection with GenesisFour application software. This document releases GenesisFour from any liability associated with the provision of such services.

FEE-BASED SERVICES
Any and all services as contemplated by this agreement are not covered by the GENESISFOUR ANNUAL SOFTWARE MAINTENANCE AGREEMENT, and as such, are fee-based.

INDETERMINABILITY OF ABSOLUTE RESULTS OF THESE SERVICES
The process of data backup, either automated or non-automated, requires that many different aspects of computer hardware and software be fully functional and precisely configured, and to remain so indefinitely. Once configured, any subsequent alteration may interrupt the backup process. Additionally, backup media is fragile and can be ruined by mishandling, environmental conditions, or other factors beyond GenesisFour’s control. As such it is not possible to assure that a good, useable backup will always be created by the backup system. Further, in order to provide any of the aforementioned services, GenesisFour may recommend and/or install third party software and/or hardware products, the absolute reliability of which is beyond the control of GenesisFour and cannot be assured. Further yet, it is possible that the client may choose to ignore GenesisFour recommendations. For all the aforementioned reasons, the responsibility of ongoing data backup remains with the client, regardless of the nature and/or extent of services provided hereunder. By performing these services, GenesisFour assumes no liability associated with these services.

POSSIBILITY FOR THE NEED FOR SUBSEQUENT SERVICES
GenesisFour will do its best to provide the aforementioned services in a prudent and accurate manner. However, it is possible that subsequent services beyond an initial round of services will be required and/or recommended, and that additional fees beyond those appearing on this invoice will be required.

OVERALL RELEASE OF LIABILITY
The client acknowledges and accepts all of the aforementioned, and agrees to release GenesisFour from any responsibility with regard to any of the aforementioned services performed either remotely or on-site.

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