Common use of Material Defects Clause in Contracts

Material Defects. The warranty in section 9.1-9.3 shall not apply to any material defect caused by: (a) any change to the Software, except where such changes were made by OT in relation to the provision maintenance and support services or Licensee proves that defects which have arisen are not attributable to the change/modification and that error analysis and rectification by OT is not effected thereby.; (b) Licensee's failure to provide a suitable installation or operating environment for the Software; (c) use of the Software on a software or hardware platform not approved by OT in writing; (d) software, hardware, firmware, data, or technology not licensed or approved by OT in writing; (e) any telecommunications medium used by Licensee; (f) Licensee's own computer system; or (g) failure of Licensee and/or user to comply with the Documentation. OT does not warrant that the Software is error-free or will operate without interruption.

Appears in 3 contracts

Sources: End User License Agreement, End User License Agreement, End User License Agreement

Material Defects. The warranty in section 9.1-9.3 shall not apply to any material defect caused by: (a) any change to the SoftwareSoftware caused by the licensee, except where such changes were made by OT in relation to the provision maintenance and support services or Licensee proves that defects which have arisen are not attributable to the change/modification and that error analysis and rectification by OT is not effected thereby.; (b) Licensee's failure to provide a suitable installation or operating environment for the Software; (c) use of the Software on a software or hardware platform not approved by OT in writing; (d) software, hardware, firmware, data, or technology not licensed or approved by OT in writing; (e) any telecommunications medium used by Licensee; (f) Licensee's own computer system; or (g) failure of Licensee and/or user to comply with the Documentation. OT does not warrant that the Software is error-free or will operate without interruption.

Appears in 2 contracts

Sources: End User License Agreement, End User License Agreement

Material Defects. The warranty in section sections 9.1-9.3 shall not apply to any material defect caused by: (a) any change to the SoftwareSoftware caused by the Licensee, except where such changes were made by OT in relation to the provision maintenance and support services or Licensee proves that defects which have arisen are not attributable to the change/modification and that error analysis and rectification by OT is not effected thereby.; (b) Licensee's failure to provide a suitable installation or operating environment for the SoftwareSoftware according to the Documentation; (c) use of the Software on a software or hardware platform not approved by OT in writing; (d) software, hardware, firmware, data, or technology not licensed or approved by OT in writing; (e) any telecommunications medium used by Licensee; (f) Licensee's own computer system; or (g) failure of Licensee and/or user to comply with the Documentation. OT does not warrant that the Software is error-free or will operate without interruption.

Appears in 1 contract

Sources: End User License Agreement