Cloud Services Warranty. Siemens warrants that Cloud Services will perform substantially in accordance with the features and func- tionalities 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 its 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 rea- sonable, 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 (a) No-Charge Offer- ings 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.
Appears in 3 contracts
Samples: Universal Customer Agreement, Universal Customer Agreement, Universal Customer Agreement
Cloud Services Warranty. Siemens warrants that Cloud Services will perform substantially in accordance with the features and func- tionalities 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 its 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 rea- sonablereasonable, Siemens may terminate the Order for the non-conforming Offering and refund any prepaid fees for such Offering on a pro- pro-rata basis for the remainder of the Subscription Term for that Offering. The warranty for Cloud Services excludes (a) No-Charge Offer- ings 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.
Appears in 2 contracts
Samples: Universal Customer Agreement, Universal Customer Agreement
Cloud Services Warranty. Siemens warrants that Cloud Services will perform substantially in accordance with the features and func- tionalities 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 its 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 rea- sonablereasonable, 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 (a) No-Charge Offer- ings 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.
Appears in 2 contracts
Samples: Universal Customer Agreement, Universal Customer Agreement
Cloud Services Warranty. Siemens warrants that Cloud Services will perform substantially in accordance with the features and func- tionalities functionalities described in the DocumentationDocumentation and as described in the Agreement. 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 its 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 rea- sonablereasonable, Siemens may terminate the Order for the non-conforming Offering and refund any prepaid fees for such Offering on a pro- pro-rata basis for the remainder of the Subscription Term for that Offering. The warranty for Cloud Services excludes (a) No-Charge Offer- ings 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.
Appears in 1 contract
Samples: cache.industry.siemens.com