Common use of Performance Guarantee/Warranties of Contractor Clause in Contracts

Performance Guarantee/Warranties of Contractor. A. Commercial Off the Shelf Software (“COTS”) 1. Contractor warrants that a product licensed to the Authority shall operate in all material respects as described in the Solicitation and/or Contractor technical documentation for ninety (90) days after Acceptance. The Authority shall notify Contractor of any product deficiency within ninety (90) days after Acceptance. 2. Except for the portion of Contractor’s COTS product that intentionally contains one or more of the following for the purpose of anti-virus protection, Contractor warrants that, at the time of delivery and installation of the Software provided pursuant to the contract, its product shall be free of what are commonly defined as viruses, backdoors, worms, spyware, malware and other malicious code that will hamper performance of the Software, collect unlawful personally, identifiable information on users, or prevent the Software from performing as required under the contract. 3. In the event of any breach of this warranty, the Contractor shall correct the product errors that caused the breach of warranty, or if Contractor cannot substantially correct such breach in a commercially reasonable manner, the Authority may end its usage and recover the fees paid to Contractor for the license and any unused, prepaid technical support fees paid. Under no circumstances does this warranty provision limit the Contractor’s obligation in the event of a breach of confidentiality. 4. Contractor does not warrant that Software is error-free or that it will operate uninterrupted.