By Adtran Sample Clauses
By Adtran. During the Term, Adtran warrants that the Service will substantially conform to the Documentation. Adtran will have no warranty obligations for any nonconformance that (i) is caused by factors outside of the control of Adtran (such as Force Majeure) and as such could not be remedied by Adtran, or (ii) relates to: (a) use of the Service not in accordance with the Documentation and the provisions of these Mosaic One Terms; (b) modification of the Service except by Adtran; or (c) is caused by third party software or hardware. In the event of a breach of the foregoing warranty, Adtran will use commercially reasonable efforts to cure any such breach which such cure may include a work-around, at no additional cost to Provider within a reasonable timeframe. If Adtran is unable to cure such breach within 90 days after receipt of Provider’s written notice of such breach, Provider may, at its option and as Provider’s sole remedy, terminate these Mosaic One Terms by serving written notice in accordance with Section 15.6. Upon such termination, Adtran will provide a pro-rated refund of any prepaid fees from the remainder of the then-current Term. This Section 11.1 will be Provider’s exclusive remedy for breach of this warranty. While Adtran will use commercially reasonable efforts to complete work under a given Order in accordance with the estimated schedules and fees, Provider acknowledges that timing and cost requirements may be subject to factors beyond Adtran’s control (including Provider’s fulfillment of its obligations hereunder in a timely manner). Accordingly, Adtran will not be liable for any resulting delays or overruns or bear liability in connection therewith, regardless of cause. Provider acknowledges that products or services made available to Provider on an evaluation only or “early release” basis are provided “as is” and without warranty, support or indemnification terms.
By Adtran. Adtran agrees, at its expense, to (a) defend or settle any third party claims, actions or demands brought against Provider, where the third party alleges (i) that the Services, used within the scope of these Mosaic One Terms, infringe a U.S. copyright or any U.S. patent issued as of an Order Date; (ii) breach or non-fulfillment of Adtran’s obligations under any DPA entered into by Adtran in relation to the Services; and/or (iii) breach by Adtran of Section 8 hereof, provided such breach is not caused by Provider; and (b) pay damages, if any, finally awarded by a court of competent jurisdiction against Provider or agreed upon in settlement by Adtran (including reasonable attorneys’ fees in connection with enforcing this Section 13.1). Adtran is not responsible under this Section 13 (Indemnification), for any infringement arising out of or related to: (i) Third- Party Components or the Cloud Provider, when taken on a stand-alone basis; (ii) any hardware that is sold as part of the Service, when taken on a stand-alone basis; (iii) modification of the Service by anyone other than Adtran, where the Service would not infringe except for that modification; (iv) any infringement arising out of any combination of the Service with other software, hardware, processes or materials where the Service would not infringe except for such combination; or (v) any data provided by Provider to Adtran for processing by the Service. In the event the Service is held or believed by Adtran to infringe (and provided one of the exclusions do not apply), Adtran may, at its sole option and expense, elect to: (A) modify the Service so that it is non-infringing; (B) replace the Service (or the infringing features) with non-infringing services or features which are functionally equivalent or superior in performance; (C) obtain a license for Provider to continue to use the Service as provided hereunder; or (D) terminate the right of access for the infringing Service (or components) and refund any pre-paid and unused Fees. THE OBLIGATIONS OF ADTRAN UNDER THIS SECTION 13 (INDEMNIFICATION) SHALL BE PROVIDER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM OF INFRINGEMENT OR MISAPPROPRIATION RELATED TO THE SERVICE.
By Adtran. Adtran agrees, at its expense, to (a) defend or settle any third party claims, actions or demands brought against Provider, where the third party alleges (i)
By Adtran. During the Term, Adtran warrants that the Service will substantially conform to the Documentation. Adtran will have no warranty obligations for any nonconformance that (i) is caused by factors outside of the control of Adtran (such as Force Majeure) and as such could not be remedied by Adtran, or (ii) relates to: (a) use of the Service not in accordance with the Documentation and the provisions of these Mosaic One Terms; (b) modification of the Service except by Adtran; or (c) is caused by third party software or hardware. In the event of a breach of the foregoing warranty, Adtran will use commercially reasonable efforts to cure any such breach, at no additional cost to Provider within a reasonable timeframe. If Adtran is unable to cure such breach within 90 days after receipt of Provider’s written notice of such breach, Adtran may, at its option and as Provider’s sole remedy, terminate these Mosaic One
By Adtran. Adtran agrees, at its expense, to (a) defend or settle any third party claims, actions or demands brought against Provider, where the third party alleges (i) that the Services, used within the scope of these Mosaic One Terms, infringe a U.S. copyright or any U.S. patent issued as of an Order Date; and/or (ii) breach or non- fulfillment of Adtran’s obligations under any DPA entered into by Adtran in relation to the
(A) modify the Service so that it is non-infringing; (B) replace the Service (or the infringing features) with non-infringing services or features which are functionally equivalent or superior in performance; (C) obtain a license for Provider to continue to use the Service as provided hereunder; or (D) terminate the right of access for the infringing Service (or components) and refund any pre-paid and unused Fees. THE OBLIGATIONS OF ADTRAN UNDER THIS SECTION 13 (INDEMNIFICATION) SHALL BE PROVIDER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM OF INFRINGEMENT OR MISAPPROPRIATION RELATED TO THE SERVICE.