Defective digital content Clause Samples

The 'Defective digital content' clause defines the rights and remedies available when digital content provided under a contract is found to be faulty or does not meet agreed standards. Typically, this clause outlines the process for reporting defects, the obligations of the provider to repair, replace, or refund the defective content, and any limitations on liability. For example, if a software download contains bugs that prevent its use, the clause would specify how the customer can seek a fix or compensation. Its core function is to protect consumers and clarify the responsibilities of the provider, thereby reducing disputes and ensuring fair treatment in cases of digital content failure.
Defective digital content. The level of our responsibility to you for loss or damage you suffer from our supply of digital content (such as our mobile app) depends on whether you have paid for it or not. We do not consider that our mobile app is digital content that you have paid for (either directly or indirectly) because it is generally available to you without charge and also without you having to use the part of our services which levy a fee on you by us. a. If we do happen to supply digital content to you for a fee then our Agreement does not limit our liability for certain rights that you have under the law. These are your rights to have the digital content supplied: of satisfactory quality, fit for a particular purpose, matching the description and information we provide and without a general claim that we do not have the right to supply the digital content. If we supply digital content to you for a fee and you suffer a loss as a failure of us to meet the above conditions then we may repair or replace the digital content and/or give you compensation, in each case depending on the circumstances and also subject to the other terms of this Agreement. b. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable to you for damage which you could have avoided by following our advice to apply an update provided free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised to access and use the digital content (including as set out in this Agreement).
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Defective digital content. Paid Digital Content: If supplied for a fee, we're liable for ensuring it's of satisfactory quality, fit for purpose, matches description, and without a general claim that we lack the right to supply it. Remedies may include repair, replacement, or compensation, subject to Agreement terms. Damage to Device: We will repair damage or compensate if defective digital content damages your device due to our failure to use reasonable care and skill. Exceptions exist if damage could be avoided by applying a free update, not following instructions, or not meeting system requirements.
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Defective digital content. The level of our responsibility to you for loss or damage you suffer from our supply of digital content (such as our mobile app) depends on whether you have paid for it or not. We do not consider that our mobile app is digital content that you have paid for (either directly or indirectly) because it is generally available to you without charge and also without you having to use the part of our services which levy a fee on you by us. 1. If we do happen to supply digital content to you for a fee then our 2. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable to you for damage which you could have avoided by following our advice to apply an update provided free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised to access and use the digital content (including as set out in this Agreement).
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Related to Defective digital content

  • Customer Content As part of the Services provided under this Agreement, Customer Data will be stored and processed in the data center region specified in the applicable Ordering Document. Axway shall not access Customer Content except in response to support or technical issues where Customer provides Axway with prior Customer’s written authorization required to access such Customer Content. Axway is not responsible for unauthorized access, alteration, theft or destruction of Customer Content arising from Customer’s own or its authorized users’ actions or omissions in contravention of the Documentation. Customer’s ability to recover any lost data resulting from Axway’s misconduct is limited to restoration by Axway from the most recent back-up.

  • Defective Work Work that, for any reason, is not in compliance with the Contract Documents. Defective Work is usually identified in a Notice of Non-Compliant Work.

  • Defective Products (a) In the event that Nycomed determines that any shipment of Product, at the time of delivery, (i) does not conform to the Product Specifications, (ii) contains misprinted or non-conforming labelling or packaging, or (iii) has been damaged in transit (collectively, "Defective Products"), then Nycomed shall give Anthra notice thereof (including a sample from such shipment) within fifteen days after receipt thereof, if such defects may be ascertained by the exercise of reasonable diligence (which shall include laboratory testing or other chemical analysis as necessary) upon receipt thereof, and otherwise within fifteen days after discovery thereof. If Anthra confirms such defect, it shall promptly so notify Nycomed. If Anthra does not confirm such defect, it shall promptly so notify Nycomed, and the parties shall submit the disputed shipment for testing to an independent testing laboratory that is mutually acceptable to the parties. The findings of the testing laboratory shall be *** CONFIDENTIAL TREATMENT REQUESTED. 18 binding on the parties. The expenses of such testing shall be borne by Anthra if the testing confirms the defect, and otherwise by Nycomed. (b) If any shipment contains Defective Product, for any reason other than the willful or negligent acts or omissions of Nycomed or its customers or agents, Anthra shall credit Nycomed with the costs incurred by Nycomed with respect to all such Defective Product that has not been sold (or has been sold and returned), which costs shall be deemed equal to the sum of any amounts paid on account of such Defective Product pursuant to Section 3.7 and any and all transportation and storage charges incurred by Nycomed in connection with such Defective Product. In addition, at Nycomed's option, (i) Anthra shall be relieved of any obligation to deliver any Product in replacement of such Defective Product, or (ii) Anthra shall replace such Defective Product as soon as possible after Nycomed notifies Anthra of its election of option (ii) of this Section 3.4, in which case Nycomed shall pay to Anthra any unpaid amounts in respect of the replacement Product in accordance with Section 3.7 following delivery of the replacement Product.

  • Defective Product If Client rejects Products under Section 6.1 and the deviation is determined to have arisen from Patheon’s failure to provide the Manufacturing Services in accordance with the Specifications, cGMPs, or Applicable Laws, Patheon will credit Client’s account for Patheon’s invoice price for the defective Products. If Client previously paid for the defective Products, Patheon will promptly, at Client’s election, either: (i) refund the invoice price for the defective Products; (ii) offset the amount paid against other amounts due to Patheon hereunder; or (iii) replace the Products with conforming Products without Client being liable for payment therefor under Section 3.1, contingent upon the receipt from Client of all Active Materials and Client-Supplied Components required for the manufacture of the replacement Products. For greater certainty, Patheon’s responsibility for any loss of Active Materials in defective Product will be captured and calculated in the Active Materials Yield under Section 2.2.

  • Customer Materials Subject to Section 4(a), all right, title and interest (including all Intellectual Property Rights) in and to the Customer Materials are owned by Customer or Customer’s suppliers.