Software Performance Warranty Sample Clauses
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Software Performance Warranty. 4.1. Subject to clause 4.2, the Managed Service Provider warrants that the Software will substantially conform to the specifications contained in the Documentation for 90 (ninety) days following delivery of the Software when it is used in its specified operating environment (which is described in the License Information).
4.2. The warranty described in clause 4.1 will not apply if: (i) the Software is Used other than in accordance with the Documentation; or (iii) the Software is Used other than in accordance with the terms of this Agreement; or (ii) if the non-conformance is caused by the End User, service provider, third party software or unauthorised hardware.
4.3. The Managed Service Provider does not warrant that the Software will operate uninterrupted or that it will be free from minor defects or errors that do not materially affect such performance, or that the applications contained in the Software are designed to meet all of the End User's business requirements. The Managed Service Provider further does not warrant that it will correct all Software defects.
4.4. Provided the (i) End User notifies the Managed Service Provider in writing, within 30 (thirty) days, with a specific description of the Software’s non-conformance within the warranty period; (ii) the Software’s non- conformance cannot be resolved with information available from the Master Licensor; and (iii) the Managed Service Provider validates the existence of such non-conformance, the Managed Service Provider will, at its option: (a) repair or replace the non-conforming Software, or (b) refund to the End User the pro rata portion of the Fees paid for the remaining period of the Term in respect of the applicable non-conforming Software in exchange for a return of such non-conforming Software (whereafter the license granted to Use the Software shall terminate). This is the End User’s sole and exclusive remedy under the warranty contained in this clause 4.
4.5. Except as set forth in writing in this Agreement, and to the maximum extent permitted by applicable law, the warranties set out in this clause 4 are the End User’s exclusive warranties and replace all other warranties or conditions, express or implied, including, but not limited to any implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, title, and any warranty or condition of non-infringement.
Software Performance Warranty. Subject to Your compliance with the terms of this License Agreement, Symantec warrants that the Licensed Software, as delivered by Symantec and when used in accordance with the Documentation, will substantially conform to the Documentation for a period of ninety (90) days from delivery. If the Licensed Software does not comply with this warranty and such non-compliance is reported in writing by You to Symantec within the ninety (90) day warranty period, Symantec will do one of the following, selected at Symantec’s sole reasonable discretion: either (i) repair the Licensed Software, (ii) replace the Licensed Software with software of substantially the same functionality, or (iii) terminate this License Agreement and refund the relevant license fees paid for such non-compliant Licensed Software. The above warranty specifically excludes defects resulting from accident, abuse, unauthorized repair, modifications or enhancements, or misapplication. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
Software Performance Warranty. Subject to Section 6.4, Blue Yonder warrants to Customer that, for a period of 180 days from the first Delivery Date of the Standard Software (the “Software Warranty Period”), the Standard Software and any Updates made available in respect of that Standard Software during the Software Warranty Period, will substantially conform in all material respects to the Documentation.
Software Performance Warranty. 7.1 For Distributed Software. CA warrants that the Distributed Software as defined in the Transaction Document will operate materially in accordance with the applicable specifications set forth within the Documentation for a period of ninety (90) days after delivery of the CA Software subject to Customer’s compliance with the Agreement.
Software Performance Warranty. Eclypsium represents and warrants to the Licensee that the Software will perform in all material respects as specified in the Documentation under normal use for a period of thirty (30) calendar days from the commencement of the License Period. Licensee’s exclusive remedy for a breach of this limited warranty is to return any allegedly defective software and Eclypsium, at its option, will replace it or refund any Fee paid for the defective software. This warranty, however, does not apply to any Third-Party Software, or if the defect is caused by Licensee’s use of the Software other than as described in the Documentation, or to any modifications or changes to the Products made by anyone other than Eclypsium.
Software Performance Warranty. Amadeus warrants that the functionality and performance of the Software substantially conforms to the published documentation.
Software Performance Warranty. (Section 8.1 .A). The sole remedy for a material breach of the warranty contained in Section 8.1.A is that if EBOOKERS or the applicable EBOOKERS Location notifies Amadeus or the Amadeus NMC, as applicable, in writing of a defect, Amadeus or the Amadeus NMC, as applicable, will use reasonable efforts to confirm it with EBOOKERS and the affected EBOOKERS Location, and then either correct or replace any defective Software, or cancel the Software and provide a prorated refund of any prepaid license fees. This warranty and remedy does not apply to Software that has been modified or supplemented by any EBOOKERS Location where such defect arises out of or relates to such modification or supplement.
Software Performance Warranty. Amadeus warrants that Software substantially conforms to published Documentation. If Subscriber notifies ▇▇▇▇▇▇▇ in writing of a defect, as Subscriber's sole remedy for a material breach of this warranty, Amadeus may: (a) with Subscriber's reasonable cooperation, confirm the existence of such defect and then correct or replace any defective Software; or (b) cancel the Software from the Agreement and provide a prorated refund of any prepaid licence fees upon return of the Software. This warranty does not apply to Software that has been modified or supplemented by Subscriber or its suppliers.
Software Performance Warranty. Datavault warrants that upon delivery, the Software will materially conform to the Specifications in the applicable Development Plan. If upon delivery, the Software does not perform as warranted in this Section 9.3(b), and NYIAX notifies Datavault of the existence and nature of such breach promptly upon discovery, then Datavault will undertake, at its sole option and as NYIAX’s exclusive remedy for breach of this warranty, to correct the non-conformance or replace the Software at no additional expense to NYIAX. This warranty shall be null and void if the nonconformance is due to: (a) hardware failures due to defects, power problems, environmental problems or any cause other than the Software itself; (b) modification of the Software operating systems or computer hardware other than by Datavault; or (c) misuse, errors or negligence of NYIAX, its employees or agents in operating the Software.
Software Performance Warranty. Subject to Your payment of License Fees to Company and Section 5.4, Company warrants that, for a period of 180 days from the first delivery date of Company’s delivery to You (the “Software Warranty Period”), the Software and any updates made available in respect to the Software during the Software Warranty Period, will substantially conform in all material respects to the Documentation. 5.2