Common use of Software Warranties Clause in Contracts

Software Warranties. Quest warrants that, during the applicable Warranty Period (as defined in subsection (c) below), (i) the operation of the Software, as provided by Quest, will substantially conform to its Documentation (the “Operational Warranty”); (ii) the Software, as provided by Quest, will not contain any viruses, worms, Trojan Horses, or other malicious or destructive code designed by Quest to allow unauthorized intrusion upon, disabling of, or erasure of the Software, except that the Software may contain a key limiting its use to the scope of the License granted, and license keys issued by Quest for temporary use are time-sensitive (the “Virus Warranty”): (iii) the media provided by Quest, if any, on which the On-Premise Software is recorded will be free from material defects in materials and workmanship under normal use (the “Media Warranty”); and (iv) it will make commercially reasonable efforts to make the SaaS Software available twenty-four hours a day, seven days a week except for scheduled maintenance, the installation of updates, those factors that are beyond the reasonable control of Quest, Customer’s failure to meet any minimum system requirements communicated to Customer by Quest, and any breach of this Agreement by Customer that impacts the availability of the SaaS Software (the “SaaS Availability Warranty”).

Software Warranties. Quest Dell warrants that, during the applicable Warranty Period (as defined in subsection (cSection 11(c) below), (i) the operation of the Software, as provided by QuestDell, will substantially conform to its Documentation (the “Operational Warranty”); (ii) the Software, as provided by QuestDell, will not contain any viruses, worms, Trojan Horses, or other malicious or destructive code designed by Quest Dell to allow unauthorized intrusion upon, disabling of, or erasure of the Software, except that the Software may contain a key limiting its use to the scope of the License granted, and license keys issued by Quest Dell for temporary use are time-sensitive (the “Virus Warranty”):); (iii) the media provided by QuestDell, if any, on which the On-Premise Software is recorded will be free from material defects in materials and workmanship under normal use (the “Media Warranty”); and (iv) it will make commercially reasonable efforts to make the SaaS Software available twenty-twenty four hours a day, seven days a week except for scheduled maintenance, the installation of updates, those factors that are beyond the reasonable control of QuestDell, Customer’s failure to meet any minimum system requirements communicated to Customer by QuestDell, and any breach of this Agreement by Customer that impacts the availability of the SaaS Software (the “SaaS Availability Warranty”).