No Defect. Heyday shall not be responsible to correct any Defect or other failure of performance of the Software caused by the following: (a) use of the Software that materially deviates from the documentation included in the Software; (b) modification, customization, alteration or addition or attempted modification, customization, alteration or addition to the Software; (c) the abuse or misuse of the Software; or (d) failure from the Client to use the latest version of the Software.
Appears in 1 contract
Sources: Saas Agreement
No Defect. Heyday shall not be responsible to correct any Defect or other failure of performance of the Software caused by the following: (ai) use of the Software that materially deviates from the documentation included in the Softwareits online user documentation; (bii) modification, customization, alteration or addition or attempted modification, customization, alteration or addition to the Software; (ciii) the abuse or misuse of the Software; or (div) failure from the of Client to use the latest version of the Software.
Appears in 1 contract
Sources: Software as a Service Agreement