Software Warranty Sample Clauses

Software Warranty. We warrant that the Tyler Software will perform without Defects during the term of this Agreement. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the maintenance and support process set forth in Section C(9), below, the SLA and our then current Support Call Process.

Software Warranty. Seller warrants that the software will perform in accordance with the agreed functional specifications and its documentation and that the documentation will be fit for its purpose and the documentation shall accurately describe the software. Seller shall for a warranty period of one year from the delivery of the software provide NETAPP free of any charge with corrective maintenance, releases, and first-line and second-line support. Seller warrants that the software is free from any computer "virus" or other malicious program code. This shall apply to all CD’s, tapes, PC hard drives and any other form of program and file delivery whether tangible or intangible including any software delivered electronically via a telecommunications network. Seller warrants that there is no functionality designed into or otherwise included in any software to be supplied which could be harmful to or shall prevent the operation in whole or in part of the software or any computer system on which the software is intended to run. Seller shall advise NETAPP of any functionality in any program forming part of or allowing automated administration or record-keeping of the software. This applies in particular to any functionality that provides access to functions and resources (whether part of the software or not) that NETAPP may reasonably be expected to wish to use or control. This shall include, without limitation, any functionality that potentially or actually undermines or circumvents any security provisions of the software or any third party software.

Software Warranty. Software is provided subject to the terms of the relevant ▇▇▇▇ for the Software.

Software Warranty. THE STATE OF UTAH DOES NOT ACCEPT ANY PROCUREMENT ITEM “AS-IS”. CONTRACTOR WARRANTS FOR A PERIOD OF NINETY DAYS FROM THE DATE OF ACCEPTANCE THAT THE SOFTWARE PORTIONS OF THE GOODS AND CUSTOM DELIVERABLES THAT CONTRACTOR DIRECTLY OR INDIRECTLY PROVIDES WILL: (A) PERFORM IN ACCORDANCE WITH THE SPECIFIC CLAIMS PROVIDED IN THE RESPONSE; (B) BE SUITABLE FOR THE ORDINARY PURPOSES FOR WHICH SUCH GOODS AND CUSTOM DELIVERABLES ARE USED; (C) BE SUITABLE FOR ANY SPECIAL PURPOSES THAT THE ELIGIBLE USER HAS RELIED ON CONTRACTOR’S SKILL OR JUDGMENT TO CONSIDER WHEN IT ADVISED THE STATE ABOUT THE GOODS OR CUSTOM DELIVERABLES; (D) HAVE BEEN PROPERLY DESIGNED AND MANUFACTURED; AND (E) BE FREE OF SIGNIFICANT DEFECTS. CONTRACTOR SHALL PROVIDE THE ELIGIBLE USER WITH BUG FIXES, INCLUDING INFORMING THE ELIGIBLE USERS OF ANY KNOWN SOFTWARE BUGS OR SOFTWARE DEFECTS THAT MAY AFFECT THE STATE’S USE OF THE SOFTWARE. WARRANTY REMEDIES: Upon breach of warranty, Contractor will repair or replace (at no charge to the Eligible User) the nonconforming Goods or Custom Deliverables. If the repaired and/or replaced products are inadequate, Contractor will refund the full amount of any payments that have been made for the failed products. These remedies are in addition to any other remedies provided by law or equity.

Software Warranty. The Software will operate in conformity with the then current standard Documentation (except for minor defects or errors not material to the core functionality of the Software under normal use and circumstances) for a period of ninety (90) days from the date of initial delivery of the Software (“Warranty Period”). If the Software does not perform in accordance with the foregoing warranty during the Warranty Period, You must tell Us so in writing and during the Warranty Period and assuming We can verify such nonconformity, We will use reasonable efforts to correct any deficiencies in the Software so that it will perform in accordance with such warranty. Your sole and exclusive remedy, and Our sole obligation in the event of nonconformity of the Software with the foregoing warranty will be the correction of the condition making it nonconforming. If We are not able correct the alleged breach of warranty, then We will refund applicable fees paid for a perpetual licence to the Software and will refund applicable fees paid for the remainder of the Term for subscription licensed Software. Your obligation is to provide all information reasonably requested to enable Us to cure the nonconformity. The above warranty specifically excludes defects resulting from accident, abuse, unauthorized repair, modifications, misapplication, or use of the Software that is otherwise materially inconsistent with the Documentation.

Software Warranty. Licensor warrants it has the right and authority to grant the Licence. Licensor warrants the media upon which the Software is supplied to be free from defects, under normal use, for a period of ninety (90) days from the date of purchase. Licensor will replace any defective media if returned within ninety (90) days after purchase. Licensor warrants that the Software will perform substantially in accordance with its specifications for a period of ninety (90) days from the date of purchase. The foregoing warranty is void if failure of the Software is from accident, abuse or misapplication. Licensor's sole obligation and Licensee’s exclusive remedy under this warranty, shall be, at Licensor's option, to either return the price paid, or to repair or replace the Software that fails to meet the limited warranty. Licensor does not warrant that the functions contained in the Software will meet Licensee’s requirements, or that the operation of the Software will be uninterrupted or error free. Licensor offers no warranty regarding the performance of the Software. Licensor will not be held responsible for any loss, damages, claims or costs whatsoever, including any consequential, indirect or incidental damages, lost profits, lost savings, business interruption, lost data or files or damage to property caused by Licensee’s use of the Software, or its inability to use the Software. Licensor's total liability to Licensee, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this Agreement, shall be limited to the Licence fees paid in the period which is 12 months prior to the date on which the event giving rise to the liability first arose. Licensor does not exclude liability for personal injury or death to the extent caused by the negligence of Licensor or any other liability that may not be excluded by law. Licensor shall not be responsible for problems caused by changes in the operating characteristics of computer hardware or computer operating systems which are made after the release of the Software. Any condition or warranty which would otherwise be implied or incorporated into this Agreement, whether by statue, common law or otherwise, is excluded to the extent permissible by law.

Software Warranty. Vendor warrants that, with respect to each System for the Warranty Period, all Software will be free of Defects and Deficiencies and shall conform to the applicable portions of the Specifications (the "Software Warranty"). The Vendor's obligations with respect to the Software Warranty shall be to attempt first to repair or replace at no additional cost, any defective Software. If, after using its best efforts to repair or replace such Software and after consultation with and with the consent of Owner, which consent shall not be unreasonably withheld, Vendor determines that it is unable to repair, replace or otherwise correct such defect, Vendor shall provide a credit or refund based on the original purchase price, and installation charges if installed by Vendor. If, as a result of the Defect and Deficiency, the Software fails to operate in accordance with the Specifications which causes the System to fail to materially operate in accordance with its Specifications, a refund shall be paid to Owner on account of the purchase price for the total System, less a pro rata discount calculated with regard to the period of time during the Warranty Period that Owner operated the System in In Revenue Service. For purposes of calculating such pro rata discount, the period of time the Owner would have been able to operate the System in In Revenue Service shall be: (i) ten (10) years from Substantial Completion for the AXE switch; and (ii) seven (7) years from Substantial Completion for all other Products. In the event that Vendor pays a refund hereunder, Owner shall return such Products to Vendor. The warranty period for all Software so corrected or replaced under the Software Warranty shall be the longer of: (i) one (1) year from the date of delivery of the repaired or replacement Software; or (ii) or the unexpired term of the Warranty Period. Vendor shall be solely responsible for all costs and expenses incurred by Owner or Vendor in connection with the de-installation, removal and transportation of defective Software under the Software Warranty and for the transportation and installation of repaired, corrected or replacement Software, including without limitation any additional or upgraded Equipment or processing capability necessary to run or operate such repaired, corrected or replacement Software. The Warranty Period with respect to Software Maintenance Releases, Software Upgrades, Software Enhancements and Software Combined Releases shall be two (2) years from t...

Software Warranty. Software Goods are provided by Seller “AS IS” with no warranty of any kind.

Software Warranty. We warrant that the Tyler Software will perform without Defects during the term of this Agreement. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the maintenance and support process set forth in Section C(8), below, the SLA and our then current Support Call Process or to provide you with a functional equivalent. For the avoidance of doubt, to the extent any third-party software is embedded in the Tyler Software, your limited warranty rights are limited to our Defect resolution obligations set forth above; you do not have separate rights against the developer of the embedded third-party software.