Performance of Existing Software Clause Samples

Performance of Existing Software. Except as may be set forth in the Disclosure Schedule, all Software and products incorporating such Software that the Company has distributed to another Person (including any alpha or beta versions that are currently being used by a third party for evaluation or testing purposes), that have been designed by the Company for commercial distribution, or that have been used by the Company in connection with the performance of data processing or other services, perform in all material respects, free of significant bugs or programming errors, each of the functions described in any published specifications, end-user documentation or other information provided to distributors or customers of the Company on which such distributors or customers relied when using, licensing or otherwise acquiring, distributing or reselling such Software or products, except with respect to errors that would customarily be handled under a software maintenance agreement.
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Performance of Existing Software. Products Section 2.14(m).................................... Restrictions on Employees Section 2.14(n)................................
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Performance of Existing Software. Schedule 3.15(n) sets forth (i) a complete and accurate list, as of a date within 30 days prior to the date hereof, of the Company’s deployed releases of its software products and the customers utilizing each such release and (ii) a complete and accurate copy, as of a date within 30 days prior to the date hereof, of the Company’s Product Patch and Release Plan. To the Company’s Knowledge, except as specified in Section 3.15(n) of the Disclosure Schedule, all software products marketed, distributed, licensed or sold by the Company or a Subsidiary of the Company, and all software provided by the Company to its customers or used by the Company or any of its Subsidiaries in connection with the performance of electronic clearinghouse services or other services, perform, in all material respects, free of material bugs, viruses or programming errors that adversely affect the functionality of such software products, including, without limitation, the functions described in any agreed specifications or end user documentation or other information provided to customers of the Company or its Subsidiaries on which such customers relied when licensing or otherwise acquiring such products, except for any failure with respect to the foregoing that do not provide the customers of the Company or its Subsidiaries with the right to return such software products to the Company or to s▇▇ the Company for damages. No such software products or software includes any such bugs, viruses or programming errors that would be reasonably expected to have a Material Adverse Effect.
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Performance of Existing Software. Except as set forth in Schedule 4.17(j), the Owned Software conforms to the documentation for such Owned Software and performs in all material respects, free of Disabling Codes. Except as set forth in Schedule 4.17(j), no Person has been allowed to access, use, copy or distribute any Owned Software except pursuant to a valid, enforceable End User License Agreement.
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Performance of Existing Software. Products Section 2.15(p)....................................Year 2000 Compliance Section 2.16.......................................Insurance Section 2.17.......................................Restrictions on Business Activities Section 2.18.......................................Real Property Leases Section 2.20.......................................Product Warranties Section 2.21.......................................Material Contracts Section 2.25.......................................Affiliates Section 4.1........................................Conduct of Business Section 4.1(b).....................................Option Grants Section 4.1(c).....................................
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Related to Performance of Existing Software

  • Performance of Material Contracts Perform and observe all the terms and provisions of each Material Contract to be performed or observed by it, maintain each such Material Contract in full force and effect, enforce each such Material Contract in accordance with its terms, take all such action to such end as may be from time to time requested by the Administrative Agent and, upon request of the Administrative Agent, make to each other party to each such Material Contract such demands and requests for information and reports or for action as any Loan Party or any of its Subsidiaries is entitled to make under such Material Contract, and cause each of its Subsidiaries to do so, except, in any case, where the failure to do so, either individually or in the aggregate, could not be reasonably likely to have a Material Adverse Effect.

  • Performance Warranty Contractor shall warrant all work under this Contract, taking necessary steps and precautions to perform the work to County’s satisfaction. Contractor shall be responsible for the professional quality, technical assurance, timely completion and coordination of all documentation and other goods/services furnished by the Contractor under this Contract. Contractor shall perform all work diligently, carefully, and in a good and workmanlike manner; shall furnish all necessary labor, supervision, machinery, equipment, materials, and supplies, shall at its sole expense obtain and maintain all permits and licenses required by public authorities, including those of County required in its governmental capacity, in connection with performance of the work. If permitted to subcontract, Contractor shall be fully responsible for all work performed by subcontractors.

  • Limited Software Warranty MyECheck represents, warrants, and covenants that: MyECheck warrants to the original end user (“Customer”), and not to subsequent end users, of the Extreme Networks software product (“Software”) that for ninety (90) days from the date of installation of the Software from MyECheck, the Software shall substantially conform with the specification for the Software at the (“Documentation”). MyECheck does not warrant (i) that the Software is error free, (ii) that Customer will be able to operate the Software without problems or interruptions or (iii) that the Software will be free of vulnerability to intrusion or attack. Except for the limited warranty set forth in this section, the Software is provided “AS IS.”

  • Third Party Software The Software may contain third party software which requires notices and/or additional terms and conditions. Such required Third Party Software notices and/or additional terms and conditions are located at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇▇-third-party/ (or a successor website thereto) and are made a part of and incorporated by reference into this Agreement.

  • PERFORMANCE/ WARRANTIES Supplier warrants and undertakes that the Deliverables will be free from defects in material and workmanship and will conform to any specifications or requirements in the Agreement or agreed upon by the Parties in writing. Supplier warrants that if any Deliverable(s) fails to meet any such specifications or requirements or is otherwise nonconforming, Supplier will, at its own cost and expense and within 10 days of its receipt of written notice of such failure, either correct such deficiency or provide a plan acceptable to Accenture for correcting such deficiency. If such deficiency is not corrected within such 10-day period or a corrective plan is not accepted by Accenture, Accenture will have the option to require Supplier to: (i) provide a full refund; or (ii) promptly replace or reperform the Deliverable(s) at no charge. All Deliverables will be subject to an inspection and acceptance by Accenture, even if the Parties have not set forth any specifications or requirements regarding the Deliverables in the Agreement.