Common use of Software Services Warranty Clause in Contracts

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. 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 fees for the unexpired remaining unused Termterm. 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 the documentation for the Software Services or resulting from any hardware, software, data, materials or other products or services not developed or provided by Higher Logic.