Common use of Performance Warranty Clause in Contracts

Performance Warranty. This software provided by MSS is “AS IS” and “AS AVAILABLE” without warranty of any kind, expressed or implied, including but not limited to the implied warranties of merchantability, fitness, usage, performance, satisfactory quality, integration, applicability for a particular use and any other warranties are disclaimed to the fullest extent permissible pursuant to the applicable law. MSS warrants that the Licensed Software, as delivered by MSS will conform to the descriptions in the user manual. However, MSS does not offer any warranty regarding the performance of software and shall not entertain any claim regarding the same. MSS MAKES NO WARRANTIES OR CLAIMS THAT THE LICENSED SOFTWARE, OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT THE USE OF THE LICENSED SOFTWARE, OPERATION, CONTENT UPDATES, AND UPGRADES WILL BE ERROR-FREE OR UNINTERRUPTED. You understand and accept that this software will substantially perform according to the specifications and descriptions as stated in the user manual, as updated from time to time, subject to the following and MSS expressly disclaims any and all liabilities arising from the following circumstances: i. Incompatibility caused by any software and/or hardware components installed on your device; ii. Any actions initiated by you or by third parties which were beyond the control of MSS; iii. Any failures, malfunctions, defects resulting from abuse, improper installation, theft, misuse, accident, operation or maintenance, acts of God, alteration, power failures, casualty, repairs made by any party other than MSS, alterations, neglect, non-permitted modifications, acts of terrorism, and vandalism; iv. The deficiencies, defects in your device and related infringements; v. Your violations of the terms and conditions described in the user manual or in this Agreement. vi. Inability of MSS support service to provide uninterrupted support, in a timely manner, or inability to meet any or all of your support requirements.

Performance Warranty. This software provided by MSS Quick Heal is “AS IS” and “AS AVAILABLE” without warranty of any kind, expressed or implied, including but not limited to the implied warranties of merchantability, fitness, usage, performance, satisfactory quality, integration, applicability for a particular use and any other warranties are disclaimed to the fullest extent permissible pursuant to the applicable law. MSS Quick Heal warrants that the Licensed Software, as delivered by MSS Quick Heal will conform to the descriptions in the user manual. However, MSS Quick Heal does not offer any warranty regarding the performance of software and shall not entertain any claim regarding the same. MSS QUICK HEAL MAKES NO WARRANTIES OR CLAIMS THAT THE LICENSED A. SOFTWARE, OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT THE USE OF THE LICENSED SOFTWARE, OPERATION, CONTENT UPDATES, AND UPGRADES WILL BE ERROR-FREE OR UNINTERRUPTED. You understand and accept that this software will substantially perform according to the specifications and descriptions as stated in the user manual, as updated from time to time, subject to the following and MSS Quick Heal expressly disclaims any and all liabilities arising from the following circumstances: i. Incompatibility caused by any software and/or hardware components installed on your device; ii. Any actions initiated by you or by third parties which were beyond the control of MSSQuick Heal; iii. Any failures, malfunctions, defects resulting from abuse, improper installation, theft, misuse, accident, operation or maintenance, acts of God, alteration, power failures, casualty, repairs made by any party other than MSSQuick Heal, alterations, neglect, non-permitted modifications, acts of terrorism, and vandalism; iv. The deficiencies, defects in your device and related infringements; v. Your violations of the terms and conditions described in the user manual or in this Agreement. vi. Inability of MSS Quick Heal support service to provide uninterrupted support, in a timely manner, or inability to meet any or all of your support requirements.

Performance Warranty. This software provided by MSS Quick Heal is “AS IS” and “AS AVAILABLE” without warranty of any kind, expressed or implied, including but not limited to the implied warranties of merchantability, fitnessfitness, usage, performance, satisfactory quality, integration, applicability for a particular use and any other warranties are disclaimed to the fullest extent permissible pursuant to the applicable law. MSS Quick Heal warrants that the Licensed Software, as delivered by MSS Quick Heal will conform to the descriptions in the user manual. However, MSS Quick Heal does not offer offer any warranty regarding the performance of software and shall not entertain any claim regarding the same. MSS QUICK HEAL MAKES NO WARRANTIES OR CLAIMS THAT THE LICENSED A. SOFTWARE, OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT THE USE OF THE LICENSED SOFTWARE, OPERATION, CONTENT UPDATES, AND UPGRADES WILL BE ERROR-FREE OR UNINTERRUPTED. You understand and accept that this software will substantially perform according to the specifications specifications and descriptions as stated in the user manual, as updated from time to time, subject to the following and MSS Quick Heal expressly disclaims any and all liabilities arising from the following circumstances: i. Incompatibility caused by any software and/or hardware components installed on your device; ii. Any actions initiated by you or by third parties which were beyond the control of MSSQuick Heal; iii. Any failures, malfunctions, defects resulting from abuse, improper installation, theft, misuse, accident, operation or maintenance, acts of God, alteration, power failures, casualty, repairs made by any party other than MSSQuick Heal, alterations, neglect, non-permitted modificationsmodifications, acts of terrorism, and vandalism; iv. The deficienciesdeficiencies, defects in your device and related infringements; v. Your violations of the terms and conditions described in the user manual or in this Agreement. vi. Inability of MSS Quick Heal support service to provide uninterrupted support, in a timely manner, or inability to meet any or all of your support requirements.

Performance Warranty. This software provided by MSS is “AS IS” and “AS AVAILABLE” without warranty of any kind, expressed or implied, including but not limited to the implied warranties of merchantability, fitness, usage, performance, satisfactory quality, integration, applicability for a particular use and any other warranties are disclaimed to the fullest extent permissible pursuant to the applicable law. MSS warrants that the Licensed Software, as delivered by MSS will conform substantially in accordance with the Documentation. To make a warranty claim, you must follow the instructions provided by the source from which you acquired the Solution. If the Solution does not perform substantially in accordance with the Documentation, the entire and exclusive liability of each member of the Vendor Group and each Vendor Partner, and your sole and exclusive remedy, in respect of such warranty will be limited to, at Vendor’s option, to either: (i) replacement of the Solution; or (ii) return of the Solution to obtain a refund for the portion of the subscription fee you have paid for the unexpired or unused portion of the Subscription Term. This warranty applies only to the descriptions Solution as originally delivered, and does not apply to: (i) any Updates; (ii) any defects caused by the combination, operation or use of the Solution with: (A) software, hardware or other materials not provided by Vendor; or (B) Devices, software, or other materials that do not conform to Vendor requirements set forth in the user manual. However, MSS does not offer any warranty regarding the performance of software and shall not entertain any claim regarding the sameDocumentation. MSS MAKES NO WARRANTIES OR CLAIMS THAT THE LICENSED SOFTWARE, OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT THE USE OF THE LICENSED SOFTWARE, OPERATION, CONTENT UPDATES, AND UPGRADES WILL BE ERROR-FREE OR UNINTERRUPTED. You understand and accept that this software will substantially perform according to the specifications and descriptions as stated in the user manual, as updated from time to time, subject to the following and MSS expressly disclaims any and all liabilities arising from the following circumstances: i. Incompatibility caused by any software and/or hardware components installed on your device; ii. Any actions initiated by you or by third parties which were beyond the control of MSS; iii. Any failures, malfunctions, defects resulting from abuse, improper installation, theft, misuse, accident, operation or maintenance, acts of God, alteration, power failures, casualty, repairs made by any party other than MSS, alterations, neglect, non-permitted modifications, acts of terrorism, and vandalism; iv. The deficiencies, defects in your device and related infringements; v. Your violations of the terms and conditions described in the user manual or in this Agreement. vi. Inability of MSS support service to provide uninterrupted support, in a timely manner, or inability to meet any or all of your support requirements.

Performance Warranty. This software provided by MSS Quick Heal is “AS IS” and “AS AVAILABLE” without warranty of any kind, expressed or implied, including but not limited to the implied warranties of merchantability, fitnessfitness, usage, performance, satisfactory quality, integration, applicability for a particular use and any other warranties are disclaimed to the fullest extent permissible pursuant to the applicable law. MSS Quick Heal warrants that the Licensed Software, as delivered by MSS Quick Heal will conform to the descriptions in the user manual. However, MSS Quick Heal does not offer o�er any warranty regarding the performance of software and shall not entertain any claim regarding the same. MSS QUICK HEAL MAKES NO WARRANTIES OR CLAIMS THAT THE LICENSED A. SOFTWARE, OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT THE USE OF THE LICENSED SOFTWARE, OPERATION, CONTENT UPDATES, AND UPGRADES WILL BE ERROR-FREE OR UNINTERRUPTED. You understand and accept that this software will substantially perform according to the specifications specifications and descriptions as stated in the user manual, as updated from time to time, subject to the following and MSS Quick Heal expressly disclaims any and all liabilities arising from the following circumstances: i. Incompatibility caused by any software and/or hardware components installed on your device; ii. Any actions initiated by you or by third parties which were beyond the control of MSSQuick Heal; iii. Any failures, malfunctions, defects resulting from abuse, improper installation, theft, misuse, accident, operation or maintenance, acts of God, alteration, power failures, casualty, repairs made by any party other than MSSQuick Heal, alterations, neglect, non-permitted modificationsmodifications, acts of terrorism, and vandalism; iv. The deficienciesdeficiencies, defects in your device and related infringements; v. Your violations of the terms and conditions described in the user manual or in this Agreement. vi. Inability of MSS Quick Heal support service to provide uninterrupted support, in a timely manner, or inability to meet any or all of your support requirements.

Performance Warranty. This software provided ‌ i. Contractor warrants that during the Term of the Contract: (A) the EMS Software and the Deliverables (including System Software, but, excluding any Third-Party Products) will function in conformity with this Contract, the specifications set forth in the Statement of Work, and the Documentation; and (B) all Deliverables (but excluding any Third-Party Products) will be free of damage or defect in design, material and workmanship, and will remain so under ordinary use as contemplated by MSS is “AS IS” this Contract, the specifications set forth in the Statement of Work, and “AS AVAILABLE” without the Documentation. Contractor will, at the State’s discretion, replace or repair any Contractor hardware that does not comply with this warranty, at no additional charge to State. The foregoing warranty shall not include the repair or replacement of any kind, expressed or impliedDeliverable components that are consumed in the normal course of operating the Deliverables, including printer ribbons, printer cartridges, paper rolls, backup batteries, removable media storage devices or marking devices. These warranties are effective provided that (I) the State or Authorized User promptly notifies Contractor of the failure of performance or defect and is otherwise in compliance with its obligations hereunder, (II) the Deliverable, EMS Software or System Software to be repaired or replaced has not been repaired, changed, modified or altered except as authorized or approved by Contractor, (III) the Deliverable, EMS Software or System Software to be repaired or replaced is not damaged as a result of accident, theft, vandalism, neglect, abuse, use which is not in accordance with instructions or specifications furnished by Contractor or causes beyond the reasonable control of Contractor or the State or Authorized User, including, but not limited to the implied warranties of merchantability, fitness, usage, performance, satisfactory quality, integration, applicability for a particular use and any other warranties are disclaimed to the fullest extent permissible pursuant to the applicable law. MSS warrants that the Licensed Software, as delivered by MSS will conform to the descriptions in the user manual. However, MSS does not offer any warranty regarding the performance of software and shall not entertain any claim regarding the same. MSS MAKES NO WARRANTIES OR CLAIMS THAT THE LICENSED SOFTWARE, OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT THE USE OF THE LICENSED SOFTWARE, OPERATION, CONTENT UPDATES, AND UPGRADES WILL BE ERROR-FREE OR UNINTERRUPTED. You understand and accept that this software will substantially perform according to the specifications and descriptions as stated in the user manual, as updated from time to time, subject to the following and MSS expressly disclaims any and all liabilities arising from the following circumstances: i. Incompatibility caused by any software and/or hardware components installed on your device; ii. Any actions initiated by you or by third parties which were beyond the control of MSS; iii. Any failures, malfunctions, defects resulting from abuse, improper installation, theft, misuse, accident, operation or maintenanceto, acts of God, alterationfire, riots, acts of war, terrorism or insurrection, labor disputes, power failures, casualtysurges or electrical damage, repairs made transportation delays, governmental regulations and utility or communication interruptions, and (IV) the State or Authorized User has installed and is using the most recent Update, provided to it by Contractor. This warranty is void for any party units of a Deliverable which: (i) have not been stored or operated in a temperature range according their specifications, (ii) have been severely handled so as to cause mechanical damage to the unit, or (iii) have been operated or handled in a manner inconsistent with reasonable treatment of an electronic product. ii. Contractor further warrants that the EMS Software and the Deliverables (including System Software) will operate in conjunction with the Third Party Products during the Term of the Contract, provided that (i) the State or Authorized User has installed and is using the most recent State certified update provided to it by Contractor, and (ii) the Third Party Products are performing in accordance with their own specifications and documentation in all material respects and are not defective in material or workmanship. In the event of a breach of this warranty, Contractor will, in accordance with Section 1.6 of the Statement of Work, use commercially reasonable efforts to remedy or provide a suitable workaround for defects, errors or malfunctions in the EMS Software or the Deliverables (including System Software) that is causing such breach to occur. The State and Authorized Users acknowledge that Contractor has merely purchased the Third Party Products for resale to State or Authorized User, and that the proprietary and intellectual property rights to the Third Party Products are owned by parties other than MSSContractor. Subject to the Statement of Work, alterationsthe State and Authorized User further acknowledge that except for the payment to Contractor for the Third Party Products, neglect, non-permitted modifications, acts all of terrorism, its rights and vandalism;obligations with respect thereto flow from and to the Third Parties. iviii. The deficiencies, defects in your device and related infringements; v. Your violations If the Contractor breaches any of the terms warranties set forth in this Subsection d Contractor will, upon written notice from the State, remedy such breach in accordance with its service and conditions described maintenance obligations set forth in Section 1.6 of the Statement of Work, including the time periods set forth in such section. In the event Contractor fails to remedy such breach on a timely basis, the State will be entitled to such remedies as are specified in the user manual Statement of Work or as may otherwise be available under this Contract, at law or in equity for breach of its service and maintenance obligations. During the Initial Service Period (as that term is defined under the Statement of Work), Contractor’s obligations under this Agreementsection shall be at Contractor’s sole cost and expense. Upon expiration of the Initial Service Period, the State will pay in accordance with the fees set forth in the Statement of Work. vi. Inability of MSS support service to provide uninterrupted support, in a timely manner, or inability to meet any or all of your support requirements.

Performance Warranty. This software provided by MSS OEIPL / Seqrite is “AS IS” and “AS AVAILABLE” without warranty of any kind, expressed or implied, including but not limited to the implied warranties of merchantability, fitness, usage, performance, satisfactory quality, integration, applicability for a particular use and any other warranties are disclaimed to the fullest extent permissible pursuant to the applicable law. MSS OEIPL warrants that the Licensed Software, as delivered by MSS OEIPL will conform confirm to the descriptions in the user manual. However, MSS OEIPL does not offer any warranty regarding the performance of software and shall not entertain any claim regarding the same. MSS OEIPL MAKES NO WARRANTIES OR CLAIMS THAT THE LICENSED SOFTWARE, OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT THE USE OF THE LICENSED SOFTWARE, OPERATION, CONTENT UPDATES, AND UPGRADES WILL BE ERROR-ERROR- FREE OR UNINTERRUPTED. You understand and accept that this software will substantially perform according to the specifications and descriptions as stated in the user manual, as updated from time to time, subject to the following and MSS Seqrite expressly disclaims any and all liabilities arising from the following circumstances: i. Incompatibility caused by any software and/or hardware components installed on your device; ii. Any actions initiated by you or by third parties which were beyond the control of MSSSeqrite; iii. Any failures, malfunctions, defects resulting from abuse, improper installation, theft, misuse, accident, operation or maintenance, acts of God, alteration, power failures, casualty, repairs made by any party other than MSSSeqrite, alterations, neglect, non-permitted modifications, acts of terrorism, and vandalism; iv. The deficiencies, defects in your device and related infringements; v. Your violations of the terms and conditions described in the user manual or in this Agreement. vi. Inability of MSS Seqrite support service to provide uninterrupted support, in a timely manner, or inability to meet any or all of your support requirements.

Performance Warranty. This software provided by MSS is Quick Heal on “AS IS” and “AS AVAILABLE” without warranty of any kind, expressed or implied, including but not limited to the implied warranties of merchantability, fitness, usage, performance, satisfactory quality, integration, applicability for a particular use and any other warranties are disclaimed to the fullest extent permissible pursuant to the applicable law. MSS Quick Heal warrants that the Licensed Software, as delivered by MSS Quick Heal will conform to the descriptions in the user manual. However, MSS Quick Heal does not offer any warranty regarding the performance of software and shall not entertain any claim regarding the same. MSS QUICK HEAL MAKES NO WARRANTIES OR CLAIMS THAT THE LICENSED SOFTWARE, SOFTWARE OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT THE USE OF THE LICENSED SOFTWARE, OPERATION, CONTENT UPDATES, AND UPGRADES WILL BE ERROR-FREE OR UNINTERRUPTED. You understand and accept that this software will substantially perform according to the specifications and descriptions as stated in the user manual, as updated from time to time, subject to the following and MSS Quick Heal expressly disclaims any and all liabilities arising from the following circumstances: i. Incompatibility caused by any software and/or hardware components installed on your Your device; ii. Any actions initiated by you You or by third parties which were beyond the control of MSSQuick Heal; iii. Any failures, malfunctions, defects resulting from abuse, improper installation, theft, misuse, accident, operation or maintenance, acts of God, alteration, power failures, casualty, repairs made by any party other than MSSQuick Heal, alterations, neglect, non-permitted modifications, acts of terrorism, terrorism and vandalism; iv. The deficiencies, defects in your Your device and related infringements; v. Your violations of the terms and conditions described in the user manual or in this Agreement. vi. Inability of MSS Quick Heal support service to provide uninterrupted support, in a timely manner, or inability to meet any or all of your Your support requirements.

Performance Warranty. This software The Software as a part of End Point Security Software provided by MSS the Company is “AS IS” and “AS AVAILABLE” without warranty of any kind, expressed or implied, including but not limited to the implied warranties of merchantability, fitness, usage, performance, satisfactory quality, integration, applicability for a particular use and any other warranties are disclaimed to the fullest extent permissible pursuant to the applicable law. MSS Company warrants that the Licensed Software, as delivered by MSS the Company will conform to the descriptions in the user manual. However, MSS Company does not offer any warranty regarding the performance of software Software and shall not entertain any claim regarding the same. MSS COMPANY MAKES NO WARRANTIES OR CLAIMS THAT THE LICENSED A. SOFTWARE, OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT THE USE OF THE LICENSED SOFTWARE, OPERATION, CONTENT UPDATES, AND UPGRADES WILL BE ERROR-FREE OR UNINTERRUPTED. You understand and accept that this software the Software will substantially perform according to the specifications and specifications, descriptions as stated in the user manual, as updated from time to time, subject to the following and MSS the Company expressly disclaims any and all liabilities arising from the following circumstances: i. Incompatibility caused by any software and/or hardware components installed on your device; ii. Any actions initiated by you or by third parties which were beyond the control of MSSCompany; iii. Any failures, malfunctions, defects resulting from abuse, improper installation, theft, misuse, accident, operation or maintenance, acts of God, alteration, power failures, casualty, repairs made by any party other than MSSCompany, alterations, neglect, non-permitted modifications, acts of terrorism, and vandalism; iv. The deficiencies, defects in your device and related infringements; v. Your violations of the terms and conditions described in the user manual or in this Agreement. vi. Inability of MSS support service to provide uninterrupted support, in a timely manner, or inability to meet any or all of your support requirements.