Common use of Errors and Defects Clause in Contracts

Errors and Defects. 7.1 The Software delivered under this Agreement is a standard product, and the Licensee is aware that no software product is faultless in all situations and combinations. 7.2 Trimit SHALL not BE liable for any defects. This Agreement includes neither WARRANTY AGAINST DEFECTS, NOR any warranty of fitness OR SUITABILITY for a particular purpose. 7.3 Immediately after a reproducible error or defect is discovered or should be discovered the Licensee must give notice to Trimit’s Partner, with which the Licensee is cooperating at the time of the notification. Upon notification the Licensee must specify the error or defect. 7.4 Trimit shall use its best endeavors to remedy errors and defects which are reproducible in the standard database of Trimit. Trimit shall attempt to remedy such errors or defects, which are of essential, significant importance for the running of the Software. Trimit will begin remedying an error or defect as soon as possible after Trimit has received notification of the error or defect from Trimit’s Partner. 7.5 If the Licensee in addition to this Agreement has separately entered into a valid and effective update agreement with Trimit, Trimit will start remedying errors and defects within 2 working days after Trimit has received notification from its Partner of the errors and defects, provided that Trimit assesses that the errors and defects concerned are critical, and prevent the running of the Software. 7.6 The actual scope and procedure for remedy of any errors or defects is at the free and independent discretion of Trimit may remedy errors and defects by releasing an update of the Software. 7.7 Trimit will remedy non-essential errors and defects to the extent Trimit finds it necessary. Trimit is entitled to postpone the remedy of non-essential errors or defects to the next update of the Software.