Common use of Cloud Services Warranty Clause in Contracts

Cloud Services Warranty. We warrant that the Cloud Services will perform substantially in accordance with the Documentation during the Subscription Term. We do not warrant that the Cloud Services will be uninterrupted or Error free. This warranty shall not apply to the extent of any non-conformance which is (i) caused by use of the Cloud Services contrary to the Documentation or instructions, or modification or alteration of the Cloud Services by any party other than Us or Our duly authorised contractors or agents; or (ii) due to Your Content. If the Cloud Services do not conform with the this warranty, We will, at Our expense, use all reasonable commercial endeavours to correct any such non-conformance promptly. Subject to Section 7.2 above, if a correction of such non-conformance is not possible, then We will terminate the Cloud Services and refund any prepaid subscription fees for the affected Cloud Service covering the remainder of the applicable Subscription Term after the date You notified Us of any non- conformance.

Appears in 2 contracts

Samples: Nutanix License and Services Agreement, Nutanix License and Services Agreement

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Cloud Services Warranty. We warrant that the Cloud Services will perform substantially in accordance with the Documentation during the Subscription Term. We do not warrant that the Cloud Services will be uninterrupted or Error free. This warranty shall not apply to the extent of any non-conformance which is (i) caused by use of the Cloud Services contrary to the Documentation or instructions, or modification or alteration of the Cloud Services by any party other than Us or Our duly authorised authorized contractors or agents; or (ii) due to Your Content. If the Cloud Services do not conform with the this warranty, We will, at Our expense, use all reasonable commercial endeavours to correct any such non-conformance promptly. Subject to Section 7.2 above, if a correction of such non-conformance is not possible, then We will terminate the Cloud Services and refund any prepaid subscription fees for the affected Cloud Service covering the remainder of the applicable Subscription Term after the date You notified Us of any non- non-conformance.

Appears in 1 contract

Samples: Nutanix License and Services Agreement

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Cloud Services Warranty. We warrant that the Cloud Services will perform substantially in accordance with the Documentation during the Subscription Term. We do not warrant that the Cloud Services will be uninterrupted or Error free. This warranty shall not apply to the extent of any non-conformance which is (i) caused by use of the Cloud Services contrary to the Documentation or Our instructions, or modification or alteration of the Cloud Services by any party other than Us or Our duly authorised authorized contractors or agents; or (ii) due to Your Content. If the Cloud Services do not conform with the this warranty, We will, at Our expense, use all reasonable commercial endeavours endeavors to correct any such non-non- conformance promptly. Subject to Section 7.2 above, if a correction of such non-conformance is not possibleimpossible, then We will terminate the Cloud Services and refund any prepaid subscription fees for the affected Cloud Service covering the remainder of the applicable Subscription Term after the date You notified Us of any non- non-conformance.

Appears in 1 contract

Samples: Nutanix License and Services Agreement

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