Software Failure definition
Examples of Software Failure in a sentence
This payment by Customer for Satellite Anomaly services shall not apply if the Satellite Anomaly is caused as a result of errors in operations procedures delivered by Boeing or as a result of Boeing withholding the support as and when required by Section 5.2 of Exhibit A (Statement of Work) or due to a Software Failure.
SunGard shall not be responsible for the failure to meet any Service Levels or any damages if such failure or damages are caused by the failure of any software to perform in accordance with its specifications (“Software Failure”) and such Software Failure is not caused by SunGard’s negligence, willful misconduct or failure to maintain a maintenance contract on the particular software which has failed.
In the event of such Software Failure, if in the reasonable discretion of Absolute and you, such Software Failure cannot be cured and if, at the time of such failure no other functionally equivalent software compatible with the equipment is commercially available, you will have the right to immediately terminate the applicable Service Order without penalty to either party.
In the event of a Software Failure, if in the reasonable discretion of SunGard and Customer, such Software Failure cannot be cured and if, at the time of such failure no other functionally equivalent software compatible with the Equipment is commercially available, Customer shall have the right to immediately terminate the applicable Schedule without penalty to either party SunGard shall not be liable to Customer or any third party for any damages with respect to such termination.