Warranty - Software. The Silhouette Software is licensed to You “as is” and all representations or warranties (statutory, express or implied except any which may not lawfully be excluded) are expressly excluded. Without prejudice to the generality of the foregoing, the implied warranties of merchantability and fitness for a particular purpose are excluded. You acknowledge that the Silhouette Software operates in a predictive manner relative to input of which AML has no control over the collection, use or interpretation, and You accept the entire risk as to the use and the results of the use of the Silhouette Software in the terms of correctness, accuracy, reliability and performance. You also accept the entire risk as to any conflict between Silhouette Software and other software on the hardware on which the Silhouette Software is installed.
Warranty - Software. 5.1. All Software provided under this Agreement is licensed directly to the Customer by the relevant third party Software provider. The applicable third party Software provider's licence terms are available online and the Customer will be required to accept these licence terms prior to downloading the Software. Any defects relating to the Software will be covered by the warranty (if any) within the relevant third party Software provider's licence terms and the Customer must raise all defect issues relating to the Software directly with the third party Software provider.
Warranty - Software. The Eyemagnet Software is licensed to You “as is” and all representations or warranties (statutory, express or implied except any which may not lawfully be excluded) are expressly excluded. Without prejudice to the generality of the foregoing, the implied warranties of merchantability and fitness for a particular purpose are excluded. You accept the entire risk as to the use and the results of the use of the Eyemagnet Software in the terms of correctness, accuracy, reliability and performance. You also accept the entire risk as to any conflict between Eyemagnet Software and other software on the hardware on which the Eyemagnet Software is installed.
Warranty - Software. For a period of twelve (12) months from Acceptance, the Software supplied by the Contractor under this Contract will be capable of passing the ATP required under Article 05.0. During the warranty period, Contractor shall, at no charge to Customer, correct any failure to meet this warranty which is reported to Contractor in writing within thirty (30) days of the failure. The written failure notice shall describe the failure in reasonable detail in a format to be provided by the Contractor within sixty (60) days of Effective Date. Bug fixes or corrections in Software Releases/ Software upgrades (which do not constitute major software releases or do not include any new features or enhanced 14 performance) will also be provided free of charge by the Contractor to the Customer. However, in case of a failure which significantly affects the Network Performance, the Contractor shall use his best efforts to provide promptly a temporary correction/bug fixes. The permanent resolution of the problem will be provided through a software release or an upgrade within 30 days of the notification of the failure/problem at no charge to the Customer.
Warranty - Software. (a) Seller warrants that Customer shall have quiet enjoyment of the Software and that the Software and Customer's Use, shall be free from claims of infringement, misuse or misappropriation of any intellectual property right during the term of Customer's license to Use the Software. As to Software which Seller does not have title, Seller warrants that it has rights in the Software sufficient to permit the license of the Software to Customer and that Seller has full right, power and authority to license the Software and other rights granted hereunder to Customer.
Warranty - Software. Nullable warrants that the Software, when provided as Software as a Service, will perform substantially as described in the Documentation throughout the subscription period (the “Warranty Period”). Should Customer report during the Warranty Period that the Software fails to meet such warranty, Nullable shall use commercially reasonable efforts to correct the malfunction or provide a reasonably accepted workaround in a time reasonable under the circumstances and in consideration of the impact of the nonconformance on Customer. THE REMEDY STATED IN THE PRECEDING SENTENCE IS CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND NULLABLE’S SOLE AND EXCLUSIVE OBLIGATION IN CONNECTION WITH THE WARRANTY PROVIDED IN THIS SECTION 12.1. The warranty set forth in this Section 12.1 does not apply if the Software has been: (a) altered, except by Nullable; (b) configured, operated, repaired, maintained or used other than in accordance with this Agreement and the Documentation or other Nullable written instructions; or (c) subjected to misuse, negligence, or willful damage by the user. Further, this warranty will not apply to non-conformities caused by any software not provided by Nullable.
Warranty - Software. Unless otherwise expressly provided in this Master Software as a Service Agreement, a SaaS Subscription Schedule or Statement of Work, Provider for itself and for and on behalf of its Contractors, licensors, employees and agents warrants that: (a) the functions contained in the Subscription Services and in any Non-subscription Services provided under this Agreement shall meet Client’s requirements,
Warranty - Software. Unless otherwise expressly provided in this Master Software as a Service Agreement, a SaaS Subscription Schedule or Statement of Work, Provider for itself and for and on behalf of its service providers, licensors, employees and agents warrants that the Contractor's System provided will perform in all material respects with specifications and the functions described in the Contractor's Materials under normal use and circumstances and the Subscription Services shall work with future Desktop Specifications, as well as future releases of web browsers, and shall have both forward and backward functionality. If the Contractor's System, or any component thereof, fails to operate in accordance with this thirty (30) day warranty, Contractor will use commercially reasonable efforts to repair, or in the alternative, replace any component of the Contractor's System that contains an error, defect or deviation from the specifications as demonstrated to Contractor. City's sole remedy against Contractor under this Limited Software Warranty shall be to request repair or replacement of the component of the Contractor System that contains an error, defect or deviation from the specifications and, if such actions are not taken within a reasonable time by Contractor and the error, defect or deviation is not corrected, to terminate the Agreement; provided, that in such event Contractor shall return to City any unearned fees paid by City. Subject to provisions of this Section 21, Contractor shall be liable for any damages that City may suffer arising out of use of, or inability to use, the Subscription Services and Non-subscription Services provided under this Agreement. Without limitation, Contractor's indemnification obligation under this section includes any claim, damage, loss or expense arising from or in connection with any act by an agent, contractor, subcontractor, consultant, or employee of Contractor that results in, or is intended by such agent, contractor, subcontractor, consultant, or employee to result in, harmful or otherwise unauthorized access into any of City's systems, data, City's Data, or City's technology Maintenance and Customer Support Services. Upon notification by City of an apparent error with the Contractor's System, Contractor will promptly investigate the issue. Design or programming errors in the Contractor's System (except for errors caused by changes to configuration by City or use other than as described in the Contractor Materials by City) that...
Warranty - Software. Unless otherwise expressly provided in this Master Software as a Service Agreement, a SaaS Subscription Schedule or Statement of Work, Provider for itself and for and on behalf of its Contractors, licensors, employees and agents warrants that: (a) the functions contained in the Subscription Services and in any Non-subscription Services provided under this Agreement shall meet Client’s requirements, (b) the operation of the Subscription Services and any Non-subscription Services shall be uninterrupted and error free, (c) the Subscription Services and any Non-subscription Services shall have the capacity to meet the demand during the times specified in the Subscription Services Schedule(s) and in the Statement(s) of Work for Non-subscription Services and (d) the Subscription Services shall work with future Desktop Specifications, as well as future releases of web browsers, and shall have both forward and backward functionality. Provider shall be liable for any damages that Client may suffer arising out of use of, or inability to use, the Subscription Services and Non-subscription Services provided under this Agreement. Without limitation, Provider’s indemnification obligation under this section includes any claim, damage, loss or expense arising from or in connection with any act by an agent, contractor, subcontractor, consultant, or employee of Provider that results in, or is intended by such agent, contractor, subcontractor, consultant, or employee to result in, harmful or otherwise unauthorized access into any of Client’s systems, data, Client’s Confidential Information, or Client’s technology.
Warranty - Software. Unless otherwise expressly provided in this Master Software as a Service Agreement, a SaaS Subscription Schedule or Statement of Work, Provider for itself and for and on behalf of its service providers, licensors, employees and agents warrants that: (a) the functions contained in the Subscription Services and in any Non- subscription Services provided under this Agreement shall meet Client’s requirements, (b) the operation of the Subscription Services and any Non-subscription Services shall be uninterrupted and error free to the operational level defined in the SLA, (c) the Subscription Services and any Non-subscription Services shall have the capacity to meet the demand during the times specified in the Subscription Services Schedule(s) and in the Statement(s) of Work for Non-subscription Services as well as future releases of web browsers, and shall have both forward and backward functionality. Provider shall be liable for any direct damages and all costs that Client may suffer arising out of use of, or inability to use, the Subscription Services and Non-subscription Services provided under this Agreement that result from any negligent or willful act or omission of Provider or its
