Warranties and Performance. 1.1 The Supplier warrants that, with regards to Software: a) it has full title to and/or the authority to grant licenses or sub-licenses (as appropriate) of the Software; and, b) the Software will perform in all material respects in accordance with the Specification for a period of thirty (30) calendar days from the date of completion and acceptance of any relevant Services. The date of completion and acceptance will be determined in accordance with clauses 13 (Delivery) and 14 (Acceptance Procedures) and the Specifications on the relevant Agreed Order. If, within the warranty period specified above, the Customer notifies the Supplier in writing of any defect or fault in the Software in consequence of which it fails to conform in all material respects to the Specification, and such defect or fault does not result from the Customer, or anyone acting with the authority of the Customer, having amended the Software or used it outside the terms of this Agreement for a purpose or in a context other than the purpose or context for which it was designed or in combination with any other software not provided by the Supplier, or it has not been loaded onto Supplier-specified or suitably configured equipment, the Supplier shall, at the Supplier’s option, do one of the following: i. repair the Software; ii. replace the Software; or iii. terminate the relevant Agreed Order immediately by notice in writing to the Customer and refund any of the Charges paid by the Customer as at the date of termination on return of the Software and all copies thereof, The Customer shall provide all the information that may be necessary to assist the Supplier in resolving the defect or fault, including a documented example of any defect or fault, or sufficient information to enable the Supplier to re-create the defect or fault. No warranty remedies apply to warranty claims not made within the applicable warranty period. 1.2 The Supplier and its software partners accept no liability for any failure of the Software to provide any facility or function or performance degradation as a result of any of the following (each a ‘Non-permitted Use’): a) a modification to the Software code which has not been carried out by the Supplier or its software partners; b) any use of the Software which is not permitted, not included or expressly excluded in the Specification and /or Documentation (and any approval shall be at the cost and expense of the Customer); c) any combination of the Software with any software or materials not supplied or approved by the Supplier or its software partners; 5.3 Save for the warranties set out above and any specific warranties given by the Supplier in an applicable Agreed Order, the Software, Services and/or Support Services are provided ‘as is’ and any and all other terms, conditions, representations, warranties and undertakings, whether express or implied are hereby excluded to the furthest extent permitted by Law. 5.4 The above warranties do not apply to Restricted Release Software or to Software that have been improperly installed or used in a manner other than as authorised by the Supplier under an Agreed Order. The Supplier does not warrant that the Software will meet the Customer's requirements, or that the Software will operate in the combinations which the Customer may select for use, or that the operation of the Software will be uninterrupted or that the Software will be error-free.
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Warranties and Performance. 1.1 5.1 The Supplier warrants that, with regards to Software:
a) it has full title to and/or the authority to grant licenses or sub-licenses (as appropriate) of the Software; and,
b) the Software will perform in all material respects in accordance with the Specification for a period of thirty (30) calendar days from the date of completion and acceptance of any relevant Services. The date of completion and acceptance will be determined in accordance with clauses 13 (Delivery) and 14 (Acceptance Procedures) and the Specifications on the relevant Agreed Order. If, within the warranty period specified above, the Customer notifies the Supplier in writing of any defect or fault in the Software in consequence of which it fails to conform in all material respects to the Specification, and such defect or fault does not result from the Customer, or anyone acting with the authority of the Customer, having amended the Software or used it outside the terms of this Agreement for a purpose or in a context other than the purpose or context for which it was designed or in combination with any other software not provided by the Supplier, or it has not been loaded onto Supplier-Supplier- specified or suitably configured equipment, the Supplier shall, at the Supplier’s option, do one of the following:
i. (i) repair the Software;
(ii. ) replace the Software; or
(iii. ) terminate the relevant Agreed Order immediately by notice in writing to the Customer and refund any of the Charges paid by the Customer as at the date of termination on return of the Software and all copies thereof, The Customer shall provide all the information that may be necessary to assist the Supplier in resolving the defect or fault, including a documented example of any defect or fault, or sufficient information to enable the Supplier to re-create the defect or fault. No warranty remedies apply to warranty claims not made within the applicable warranty period.
1.2 5.2 The Supplier and its software partners accept no liability for any failure of the Software to provide any facility or function or performance degradation as a result of any of the following (each a ‘Non-permitted Use’):
a) a modification to the Software code which has not been carried out by the Supplier or its software partners;
b) any use of the Software which is not permitted, not included or expressly excluded in the Specification and /or Documentation (and any approval shall be at the cost and expense of the Customer);
c) any combination of the Software with any software or materials not supplied or approved by the Supplier or its software partners;; or
d) any combination of the Software with any software or materials not supplied or approved by the Supplier or its software partners.
5.3 Save for the warranties set out above and any specific warranties given by the Supplier in an applicable Agreed Order, the Software, Services and/or Support Services are provided ‘as is’ and any and all other terms, conditions, representations, warranties and undertakings, whether express or implied are hereby excluded to the furthest extent permitted by Law.
5.4 The above warranties do not apply to Restricted Release Software or to Software that have been improperly installed or used in a manner other than as authorised by the Supplier under an Agreed Order. The Supplier does not warrant that the Software will meet the Customer's requirements, or that the Software will operate in the combinations which the Customer may select for use, or that the operation of the Software will be uninterrupted or that the Software will be error-free.
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