Substantive Program Error definition
Examples of Substantive Program Error in a sentence
Except for Items of Program Property set forth on Exhibit 1(a) as of the date of this Agreement (which are irrevocably accepted by You on the date of this Agreement), You may reject any Item of Program Property, but only if it contains a Substantive Program Error, by giving Epic explicit written notice of such rejection before the earlier of the end of the Warranty Period for that Item of Program Property or fifteen months after the date the Code for that Item is delivered to You.
The same cure periods specified in Section 8(b) shall also apply to a cure under this Section 9(b); however, notice of a Substantive Program Error shall constitute a rejection only if the notice specifically states that it is a rejection and refers to this Section 9(b).
Epic shall have an initial cure period of forty-five days after the end of the Warranty Period, if any, to correct or provide a Reasonable Workaround for any Substantive Program Error that is properly and timely reported to Epic.
Such notice shall be provided in the manner specified in Section 20, shall specifically refer to this Section and shall describe each Substantive Program Error.
Your sole and exclusive remedy for a breach of any warranty under Sections 8(a), (b) and (d) or for a rejection under Section 9(b) in which the Substantive Program Error has not been cured shall be to terminate Your license to that Item (or that customized Code) by so notifying Epic in the manner provided in Section 20 within thirty days after the last cure period for that Item.
Any notice of rejection must be provided to Epic in accordance with Section 20, contain a specific reference to this Section 9(b), and describe each Substantive Program Error for which You are rejecting the Program Property.
For Items of Program Property subsequently licensed under this Agreement, Epic warrants that if, during the Warranty Period, You notify Epic (in the manner specified in Section 20) that an Item of Program Property contains a Substantive Program Error, and such notice specifically refers to this Section and describes each Substantive Program Error, then Epic will either correct such Substantive Program Error or provide a Reasonable Workaround for such Substantive Program Error as provided in Section 8(b).
If an Item of Program Property is properly rejected and the Substantive Program Error is not cured within the applicable cure periods, then You shall have the remedy specified in Section 8(h) for a refund of Your license fee.
Epic may not retrofit Updates except to the extent You are Staying Current and Epic determines it is needed to correct a Substantive Program Error that does not have a Reasonable Workaround.
We warrant that if, during the 90-day period after Go-Live (i.e., the “Warranty Period”), you notify us that the Canvas Platform contains a Substantive Program Error, and such notice refers to this section or states that you are making a warranty claim, then we will at our expense correct or provide a reasonable workaround for such error.