1.2. Third Party Products.
(a) Except as expressly set forth in any SOW, eTop has not provided an estimate for, and is not responsible for, the selection or procurement of any hardware, devices or equipment, operating system software, database software, or other third party software, connectivity, data transport, or other IP rights required to perform the Services (“Third Party Products”). Client is solely responsible for the selection, procurement, costs, and expenses of acquiring the same, and any other infrastructure required to support Client’s use of the Services. Client acknowledges and agrees that eTop is not liable for the performance of any Third Party Products.
(b) In the event eTop procures the installation of Third Party Products, such Third Party Products may be licensed, leased or sold by eTop. Client agrees to provide a suitable operating environment for the Third Party Products and promptly report any faults in or damage to the Third Party Products, any alteration in its performance, or any change in its operating environment that will affect its operation. Client further agrees not to misuse the Third Party Products. Client acknowledges that certain Third Party Products are the property of eTop or if leased by eTop, of the lessors, and the Client will not obscure or remove any labels or markings from such Third Party Products. Risk in the Third Party Products sold to Client, shall pass to the Client on payment of the first payment. The Client undertakes to effect and maintain adequate security measures to safeguard the Third Party Products from access and/or use by any unauthorized person. In the case of damage to or destruction or loss of the Third Party Products, the Client shall reinstate the same (or its equivalent) unless otherwise agreed by the parties and eTop shall not be liable under this Agreement until such Third Party Products are reinstated.
(c) If Client’s activities in any way interfere with, disturb and/or disrupt eTop’s systems, Services and/or services to other clients, and/or are unlawful as deemed by eTop, in its reasonable discretion, then eTop reserves the right, without prior notice, to suspend Services and/or access to eTop’s systems without liability. Any such suspension shall remain in effect until such time as Client is able to demonstrate, in eTop’ssole and absolute discretion, that the issue has been cured by Client