Embedded Software Products Sample Clauses
The 'Embedded Software Products' clause defines the terms and conditions governing software that is integrated into hardware devices or products. It typically clarifies the scope of use, licensing rights, and any restrictions related to the software that comes pre-installed or is necessary for the hardware to function. For example, it may specify whether the buyer can update, modify, or redistribute the embedded software, and outline the responsibilities for maintenance or support. This clause ensures both parties understand their rights and obligations regarding the software component, reducing the risk of disputes over usage or intellectual property.
Embedded Software Products. Contractor warrants that Embedded Software will substantially conform to the applicable documentation of the Embedded Software for the longer of (i) ninety (90) days following the date the Embedded Software is made available to Purchasing Entity for use or (ii) as otherwise set forth at ▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/go/warranty. This warranty does not apply if the Embedded Software, the hardware Product supplied by Contractor, or any other equipment upon which the Embedded Software is authorized to be used: (i) has been altered, except by Contractor or its authorized representative, (ii) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Contractor, (iii) has been subjected to abnormal physical or electrical stress, abnormal environmental conditions, misuse, negligence, or accident; (iv) is licensed for beta, evaluation, testing or demonstration purposes or other circumstances for which there is not payment of a purchase price or license fee; or (v) has not been provided by an authorized reseller of Contractor. Cisco will use commercially reasonable efforts to deliver to Embedded Software free from any viruses, programs, or programming devices designed to modify, delete, damage or disable the Embedded Software or data. At Contractor’s option and expense, Contractor shall repair, replace, or cause the refund of the license fees paid for the non-conforming Embedded Software. This remedy is conditioned on Purchasing Entity reporting the non- conformance in writing to Contractor within the warranty period. Purchasing Entity may be required to return the Embedded Software, the Contractor hardware product, and/or Documentation as a condition of this remedy. This is Purchasing Entity’s sole and exclusive remedy under this warranty for Embedded Software. Except as set forth herein, Embedded Software are provided “as is”. Contractor does not warrant that Embedded Software will operate uninterrupted or error-free or that all errors will be corrected. In addition, Contractor does not warrant that the Embedded Software or any equipment, system or network on which the Embedded Software is used will be free of vulnerability to intrusion or attack.