Guarantee and Exclusions Clause Samples

Guarantee and Exclusions a. Limited guarantee: ▇▇▇▇▇▇▇ & Partner guarantees that the software shall function correctly, i.e. if used for its intended purpose in compliance with the performance features described in the documentation, for the duration of this agreement; negligible deviations are deemed insignificant. b. Rights of the customer: If you submit a claim regarding a defect, ▇▇▇▇▇▇▇ & Partner is initially entitled to either correct the problem of replace the software. If ▇▇▇▇▇▇▇ & Partner does not succeed in eliminating a defect for which you have submitted a claim within a reasonable period of time, you are entitled to terminate this agreement or to reduce the license fees. As soon you exercise your right to terminate the agreement, your right to use the software is rendered null and void. In this case you are required to remove the software from all data storage media and to destroy all copies of the software, and to submit written notification to this effect to ▇▇▇▇▇▇▇ & Partner. If, during the course of investigation of a guarantee claim, it becomes apparent that ▇▇▇▇▇▇▇ & Partner bears no liability for such within the framework of this clause (6), ▇▇▇▇▇▇▇ & Partner is entitled to invoice the costs such investigation on the basis of actually required time and materials at ▇▇▇▇▇▇▇ & Partner currently valid rates. This limited guarantee is rendered null and void if the defect can be traced back to accident, misuse or improper use. c. GUARANTEE EXCLUSIONS: NO FURTHER GUARANTEE IS GRANTED FOR THE SOFTWARE ABOVE AND BEYOND THIS LIMITED GUARANTEE. ▇▇▇▇▇▇▇ & PARTNER DOES NOT GUARANTEE THAT THE SOFTWARE AND THE ACCOMPANYING DOCUMENTATION ARE SUITABLE FOR A SPECIFIC PURPOSE. THE SELECTION, INSTALLATION AND USE OF A SOFTWARE WHICH IS SUITABLE FOR YOUR OWN PURPOSES, AS WELL AS OBTAINING THE DESIRED RESULTS, IS YOUR OWN SOLE RESPONSIBILITY.