Common use of Epidemic Failure Warranty Clause in Contracts

Epidemic Failure Warranty. In addition to the warranties specified herein, SA warrants the Program against epidemic failures through the fault of SA for a period of three years after HP's acceptance of the Complete Copy of the Program. An epidemic failure means the occurrence of a failure resulting in 70% of the Program user base expressing intent to return the Program for refund. In the case of an epidemic failure through SA's sole liability for a breach of the aforesaid epidemic warrants SA shall reimburse HP for all reasonable out-of-pocket costs incurred by HP in recalling, replacing, or repairing the affected Programs in an amount not exceeding the amounts paid by HP to SA under this Agreement. Epidemic failure related reimbursements shall be made within forty-five (45) days after receiving an itemized invoice therefore from HP with supporting documentation in reasonable detail.

Appears in 1 contract

Sources: Oem Software Development and License Agreement (Scanvec Amiable LTD)

Epidemic Failure Warranty. In addition to the warranties specified herein, SA warrants the Program against epidemic failures through the fault of SA for a period of three years after HP's acceptance of the Complete Copy of the Program. An epidemic failure means the occurrence of a failure resulting in 70% of the Program user base expressing intent to return the Program for refund. In the case of an epidemic failure through SA's fault, as SA's sole liability for a breach of the aforesaid epidemic warrants SA shall reimburse HP for all reasonable out-of-pocket costs incurred by HP in recalling, replacing, or repairing the affected Programs in an amount not exceeding the amounts paid by HP to SA under this Agreement. Epidemic failure related reimbursements shall be made within forty-five (45) days after receiving an itemized invoice therefore from HP with supporting documentation in reasonable detail.

Appears in 1 contract

Sources: Oem Software Development and License Agreement (Scanvec Amiable LTD)

Epidemic Failure Warranty. In addition to the warranties specified herein, SA warrants the Program against epidemic failures through the fault of SA for a period of three years after HP's acceptance of the Complete Copy of the Program. An epidemic failure means the occurrence of a failure resulting in 70% of the Program user base expressing intent to return the Program for refund. In the case of an epidemic failure through SA 's fault, as SA's sole liability for a breach of the aforesaid epidemic warrants SA shall reimburse HP for all reasonable out-of-of pocket costs incurred by HP in recalling, replacing, or repairing the affected Programs in an amount not exceeding the amounts paid by HP to SA under this Agreement. Epidemic failure related reimbursements shall be made within forty-five (45) days after receiving an itemized invoice therefore from HP with supporting documentation in reasonable detail.

Appears in 1 contract

Sources: Oem Software Development and License Agreement (Scanvec Amiable LTD)