Software Services Warranty Clause Samples

Software Services Warranty. OpenGov further represents and warrants that for the Term, the Software Services will perform in all material respects in accordance with the Documentation. The foregoing warranty does not apply to any Software Services that have been used in a manner other than as set forth in this Agreement. OpenGov does not warrant that the Software Services will be uninterrupted or error-free. Customer must give written notice of any claim under this warranty to OpenGov within 90 days of Customer discovering the defect. For any breach of the Software Services warranty, OpenGov will repair or replace any nonconforming Software Services so that the affected portion of the Software Services operates as warranted. If OpenGov is unable to do so, Customer may terminate the license for such Software Services and Reseller will be entitled to recover all fees paid to OpenGov for the deficient Software Services.

Software Services Warranty. TASER warrants that the ▇▇▇▇▇▇▇▇.▇▇▇ Services will not infringe or misappropriate any patent, copyright, trademark, or trade secret rights of any third party. TASER disclaims any warranties or responsibility for data corruption or errors before the data is uploaded to the ▇▇▇▇▇▇▇▇.▇▇▇ Services.

Software Services Warranty. Axon warrants that the ▇▇▇▇▇▇▇▇.▇▇▇ Services will not infringe or misappropriate any patent, copyright, trademark, or trade secret rights of any third party. Axon disclaims any warranties or responsibility for data corruption or errors before the data is uploaded to the ▇▇▇▇▇▇▇▇.▇▇▇ Services.

Software Services Warranty. Higher Logic represents and warrants that, during the Term, the Software Services will include the functionality set forth in the published specifications for the Software Services. As Subscriber’s sole and exclusive remedy for any breach of the foregoing limited warranty, Higher Logic will, in its sole discretion, either (i) use commercially reasonable efforts to remedy the nonconformity within a commercially reasonable period of time or (ii) terminate this Agreement and refund the prepaid Recurring Fees for the unexpired remaining unused Term. The Higher Logic warranties set forth above shall not apply to any nonconformities resulting from Subscriber’s or its Users’ acts or omissions or noncompliance with this Agreement or resulting from any hardware, software, data, materials or other products or services not developed or provided by Higher Logic.

Software Services Warranty. During the ▇▇▇▇ ▇▇▇▇▇▇ warrants to Organization that the Software Services will perform substantially in accordance with the published user guides for the Software Services posted by its hosting provider, as such user guides may be updated by said provider from time to time. Harris and its service providers’ sole obligation and Organization’s sole remedy in the event the Software Services do not conform to the foregoing limited warranty is for ▇▇▇▇▇▇ to use commercially reasonable efforts to correct such non-conformance and the right to terminate this Agreement in accordance with Section 8.2.1 of this Agreement.

Software Services Warranty. Subject to the limitations set forth below, ROAM warrants that the Software Services will be provided, during the Term of Service (as defined in Section D.2.), in material accordance with the specifications in the then current on-line documentation available at: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇.▇▇▇/Documentation/ROAM%20Portal%20User%20Guide%20V2.3.pdf (the “Specifications”). In the event of any material non- conformance with the Specifications, Customer must notify ROAM in writing and agrees to provide ROAM with sufficient detail to allow ROAM to reproduce the defect or error. ROAM will use commercially reasonable efforts to correct such demonstrated material non-conformances with the Specifications. ▇▇▇▇’s warranty obligations hereunder shall not apply to the extent the nonconformity results from use of the Software Services in a manner contrary to the terms of this ROAM Customer Agreement or the instructions in any applicable documentation, or if Customer is not in compliance with all other terms and conditions of this ROAM Customer Agreement (including the payment of all fees then due and owing). ROAM does not warrant any third party software, products or services. If ROAM determines that a malfunction is due to a problem with Customer hardware, other software, telecommunications or network, ROAM will so inform Customer, and it will be Customer’s responsibility to obtain and pay for any repairs or modifications required. ROAM’s obligations described in this section are Customer’s sole and exclusive remedy for failure of the Software Services to comply with the terms of this warranty.

Software Services Warranty. Quadient warrants that for a period of 90 (ninety) days from the delivery of the Software and/ or Services (including Customisation work), Software will perform substantially in accordance with the Specification and that Services will be provided with due skill and care, of a professional quality and will be delivered by appropriately qualified staff. Quadient does not warrant that operation of the Software will be uninterrupted, perform to any specific accuracy levels or be error free.The Customer’s sole and exclusive remedy under this warranty shall be for Quadient to correct or replace at Quadient’ s option and expense, within a reasonable period of time, Software and/ or Service which is demonstrated to fail to perform in accordance with the warranty given above. Thereafter during any period for which the Customer is covered by a Software Support Service Contract, the provisions of Support Service Schedule shall apply. Hardware Warranty: Customer accepts that Hardware is provided by Quadient with such warranty as the Third Party Product provider permit to be passed to the Customer, and that the conditions pertaining thereto and the duration of warranty may differ. QUADIENT accepts no other liability for such warranty. Quadient shall not be liable for any failure which arose from alterations to the Products by any person other than Quadient or from repairs or damages arising from any misuse the Product(s). Except as expressly provided in the Agreement and save for implied warranties by Section 7 of the Supply of Goods and Services Act 1982 (relating to right to transfer possession of the Hardware and right to quiet possession of them), no warranty, condition, undertaking or term, expressed or implied, written or oral, statutory or otherwise, as to the condition, description, quality, performance, merchantability, durability or fitness for purpose of the Product provided by Quadient hereunder is given or assumed by Quadient and all such warranties, conditions, undertaking and terms are hereby excluded to the extent permitted by law. Without prejudice to the generality of the foregoing, Quadient cannot guarantee that use of the Product(s) will be uninterrupted or error-free.

Software Services Warranty. Higher Logic represents and warrants that, during the Term, the Software Services will include the functionality set forth in the published specifications for the Software Services. As Subscriber’s sole and exclusive remedy for any breach of the foregoing limited warranty, Higher Logic shall, in its sole discretion, either (i) use commercially reasonable efforts to remedy the material nonconformity within a commercially reasonable period of time or (ii) in the event that Higher Logic is unable to remedy the material non-conformity, either party may terminate this Agreement and upon Subscriber’s written request provide a pro-rata refund of any pre-paid and unused Recurring Fees for the remaining Term of any terminated subscription to Software Services. The Higher Logic warranties set forth above shall not apply to any nonconformities resulting from Subscriber’s or its Authorized Users’ acts or omissions or noncompliance with this Agreement or resulting from any hardware, software, data, materials or other products or services not developed or provided by Higher Logic.

Software Services Warranty. Rho Impact warrants, to Customer that during the Subscription Term the Software Services will operate in substantial conformity with its then-current Documentation. The warranty set forth in this Section 7(b) shall not apply if the error (a) was caused by factors outside of Rho Impact’s reasonable control, (b) results from inaccurate or incomplete Customer Data (c) results from misuse, unauthorized modifications or third-party hardware, software or services, (d) relates to any use provided on a no-charge or evaluation basis or (e) otherwise result from Customer’s data structure, operating environment or equipment. If the Software Services fail to operate as warranted in this Section 7(b) and Customer notifies Rho Impact in writing of the nature of the non-conformance (“Notice”), Rho Impact will make commercially reasonable efforts to promptly repair or replace the non-conforming Ordered Software Services without charge. If, after a reasonable opportunity to cure, Rho Impact does not remedy the non-conformance, Customer may no later than sixty (60) days after giving the Notice, terminate the impacted Order Software Service and receive a refund of any prepaid subscription fees relating to the non-conforming Ordered Software Services for the period following the date of Notice. Rho Impact shall have no obligation with respect to a warranty claim unless notified of such claim within thirty (30) days of the first instance of any material functionality problem. The foregoing provides Customer’s sole and exclusive remedy for breach of the exclusive warranty in this Section 7(b).