Common use of Conformity to Specifications Clause in Contracts

Conformity to Specifications. CIC cannot assure that the performance of Licensed Product will be uninterrupted or error- free, or that all Licensed Product problems will be corrected, despite CIC’s reasonable efforts to do so. CIC does, however, warrant for a period of ninety (90) days after shipment that: (a) Licensed Product (other than Custom Programs supplied by CIC pursuant to CIC’S Annual Peopleware Schedule), as originally delivered under this Agreement, will substantially conform to the applicable description and specifications contained in the documentation delivered with such Licensed Product; and (b) Custom Programs supplied by CIC pursuant to CIC’s Annual Peopleware Schedule will substantially conform to the specifications set forth in the applicable Exhibit pursuant to CIC’s Annual Peopleware Schedule. The foregoing warranty shall not apply to Licensed Product that has been modified, damaged or used in a manner that does not conform to the instructions and specifications contained in the documentation for such Licensed Product. In the event that Licensed Product does not meet the requirements of this warranty, Customer shall be responsible to so notify CIC in writing during the warranty period and provide CIC with sufficient detail to allow CIC to reproduce the problem. After receiving such notification, CIC will undertake to correct the problem by programming corrections, reasonable “work- around” solutions and/or documentation corrections. If CIC is unable to correct the problem after a reasonable opportunity, CIC will refund the license fees paid for such Licensed Product and Customer’s license to use such Licensed Product will terminate. The foregoing states the complete and entire remedies that Customer has under this warranty. CIC shall have no responsibility for any warranty claims made outside of the warranty period. THIS WARRANTY DOES NOT APPLY TO TECHNICAL INFORMATION.

Conformity to Specifications. CIC cannot assure that the performance of Licensed Product will be uninterrupted or error- free, or that all Licensed Product problems will be corrected, despite CIC’s reasonable efforts to do so. CIC does, however, warrant for a period of ninety (90) days after shipment that: (a) Licensed Product (other than Custom Programs supplied by CIC pursuant to CIC’S Annual Peopleware Schedule), as originally delivered under this Agreement, will substantially conform to the applicable description and specifications contained in the documentation delivered with such Licensed Product; and (b) Custom Programs supplied by CIC pursuant to CIC’s Annual Peopleware Schedule will substantially conform to the specifications set forth in the applicable Exhibit pursuant to CIC’s Annual Peopleware Schedule. The foregoing warranty shall not apply to Licensed Product that has been modified, damaged or used in a manner that does not conform to the instructions and specifications contained in the documentation for such Licensed Product. In the event that Licensed Product does not meet the requirements of this warranty, Customer shall be responsible to so notify CIC in writing during the warranty period and provide CIC with sufficient detail to allow CIC to reproduce the problem. After receiving such notification, CIC will undertake to correct the problem by programming corrections, reasonable “work- work-around” solutions and/or documentation corrections. If CIC is unable to correct the problem after a reasonable opportunity, CIC will refund the license fees paid for such Licensed Product and Customer’s license to use such Licensed Product will terminate. The foregoing states the complete and entire remedies that Customer has under this warranty. CIC shall have no responsibility for any warranty claims made outside of the warranty period. THIS WARRANTY DOES NOT APPLY TO TECHNICAL INFORMATION.