Common use of Licensor’s Warranties Clause in Contracts

Licensor’s Warranties. 7.1. The Licensor warrants by way of agreement on the specification (German legal term “Beschaffenheitsvereinbarung”) that the Software will conform in all material respects with the specification according to the Documentation. Other technical descriptions or information contained in offers, prospectus or advertising materials are not binding and will not be incorporated into the Agreement unless explicitly referred to. 7.2. The Licensor shall be legally responsible for the agreed specification of the Software pursuant to clause 8.1, like a seller, provided that the relevant delivery time occurs when the Licensor has sent the Licence Key by email to the Customer enabling the Customer to run the Software. Any right of the Customer to withdraw from the Agreement shall be replaced by the right to terminate the Agreement with immediate effect. If, during the Licence Term, the Customer notifies the Licensor in writing of any defect or fault in the Software, whereby it fails to conform in all material respects to the Documentation, (and such defect or fault does not result from the Customer, or anyone acting with the authority of the Customer, having amended the Software or used it outside this Agreement), the Licensor shall, at the Licensor's sole option, do one of the following: a) repair the Software; or b) replace the Software; provided the Customer provides all the information that may be necessary to assist the Licensor in resolving the defect or fault, including a documented example of any defect or fault, or sufficient information to enable the Licensor to re-create the defect or fault. 7.3. The Licensor warrants to apply the due care customary in the software industry. The Licensor does not warrant (and the Customer acknowledges) that the use of the Software will be uninterrupted or error-free. 7.4. The warranty given in section 7.1 above is subject to and dependant upon the Customer making prompt and timely payments of all Licence Fees and other fees as may be due and owing under this Agreement. 7.5. The Customer accepts responsibility for the selection of the Software to achieve its intended results and acknowledges that the Software has not been developed to meet the individual requirements of the Customer. 7.6. All other conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this licence or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.

Licensor’s Warranties. 7.1. The Licensor warrants by way of agreement on the specification (German legal term “Beschaffenheitsvereinbarung”Beschaffenheitsvereinbarung ) that the Software will conform in all material respects with the specification according to the Documentation. Other technical descriptions or information contained in offers, prospectus prospectus, or advertising materials are not binding and will not be incorporated into the Agreement unless explicitly referred to. 7.2. The Licensor shall be legally responsible for the agreed specification of the Software pursuant to clause 8.1, like a seller, provided that the relevant delivery time occurs when the Licensor has sent the Licence Key by email to the Customer enabling the Customer to run the Software. Any right of the Customer to withdraw from the Agreement shall be replaced by the right to terminate the Agreement with immediate effect. Software If, during the Licence Term, the Customer notifies the Licensor in writing of any defect or fault in the Software, whereby it fails to conform in all material respects to the Documentation, Documentation (and such defect or fault does not result from the Customer, or anyone acting with the authority of the Customer, having amended the Software or used it outside this Agreement), the Licensor shall, at the Licensor's sole option, do one of the following: a) repair the Software; or b) replace the Software; provided the Customer provides all the information that may be necessary to assist the Licensor in resolving the defect or fault, including a documented example of any defect or fault, or sufficient information to enable the Licensor to re-create the defect or fault. 7.3. The Licensor warrants to apply the due care customary in the software industry. The Licensor does not warrant (and the Customer acknowledges) that the use of the Software will be uninterrupted or error-free. 7.4. The warranty given in section 7.1 above is subject to and dependant dependent upon the Customer making prompt and timely payments of all Licence Fees and other fees as may be due and owing under this Agreement. 7.5. The Customer accepts responsibility for the selection of the Software to achieve its intended results and acknowledges that the Software has not been developed to meet the individual requirements of the Customer. 7.6. All other conditions, warranties warranties, or other terms which might have effect between the parties or be implied or incorporated into this licence or any collateral contract, whether by statute, common law law, or otherwise, are hereby excluded, including the implied conditions, warranties warranties, or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.