Common use of Cloud Services Warranty Clause in Contracts

Cloud Services Warranty. Siemens warrants that Cloud Services will perform substantially in accordance with the features and functionalities described in the Documentation. To the extent permissible under applicable law, as Siemens’ entire liability and Customer’s sole and exclusive remedy for a breach of this warranty, at Siemens’ option (i) Siemens will use commercially reasonable efforts to restore the non-conforming Cloud Services so that they comply with this warranty, or (ii) if such restoration would not be commercially reasonable, Siemens may terminate the Order for the non-conforming Offering and refund any prepaid fees for such Offering on a pro-rata basis for the remainder of the Subscription Term for that Offering. The warranty for Cloud Services excludes

Cloud Services Warranty. Siemens warrants that Cloud Services will perform substantially in accordance with the features and functionalities functional- ities described in the Documentation. To the extent permissible under applicable law, as Siemens’ entire liability and Customer’s sole and exclusive remedy for a breach of this warranty, at Siemens’ option (i) Siemens will use commercially reasonable efforts to restore the non-non- conforming Cloud Services so that they comply with this warranty, or (ii) if such restoration would not be commercially reasonable, Siemens Sie- mens may terminate the Order for the non-conforming Offering and refund any prepaid fees for such Offering on a pro-rata basis for the remainder of the Subscription Term for that Offering. The warranty for Cloud Services excludesexcludes (a) No-Charge Offerings and Previews, and

Cloud Services Warranty. Siemens warrants that Cloud Services will perform substantially in accordance with the features and functionalities described in the Documentation. To the extent permissible under applicable law, as Siemens’ entire liability and Customer’s sole and exclusive remedy for a breach of this warranty, at Siemens’ option (i) Siemens will use commercially reasonable efforts to restore the non-conforming Cloud Services so that they comply with this warranty, or (ii) if such restoration would not be commercially reasonable, Siemens may terminate the Order for the non-conforming Offering and refund any prepaid fees for such Offering on a pro-rata basis for the remainder of the Subscription Term for that Offering. The warranty for Cloud Services excludesexcludes (a) No-Charge Offerings and Previews, and (b) issues, problems, or defects arising from Customer Content, Third Party Content, or use of Cloud Services not in accordance with the terms of this Agreement.