Common use of Hosted Application Clause in Contracts

Hosted Application. Company warrants that the hosted Application will perform substantially in accordance with the descriptions and specifications applicable to such Application for the subscription period (as provided in the applicable Order Form) of the relevant Application license (the “Hosted Application Warranty Period”) under normal use. Notwithstanding anything to the contrary, Company makes no representation or warranty with respect to any third party software, and undertakes no obligations with respect to any third party software, and Company makes no representation or warranty of any kind relating to any Customer-provided content, its quality or any use thereof. Company’s sole liability and Customer’s sole remedy for breach of the foregoing Hosted Application Warranty during the Hosted Application Warranty Period will be, at Company’s option, the repair or replacement of the Application, or a refund of the prepaid subscription fees received by Company from Customer for the remaining unused portion of the Application subscription licenses under the applicable Order Form(s) from the date written notice of deficiency was received from the Customer by Company.

Appears in 2 contracts

Sources: K 12 Education Application License Agreement, K 12 Education Application License Agreement

Hosted Application. Company warrants that the hosted Application will perform substantially in accordance with the descriptions and specifications applicable to such Application for the subscription period (as provided in the applicable Order Form) of the relevant Application license (the “Hosted Application Warranty Period”) under normal use. Notwithstanding anything to the contrary, Company makes no representation or warranty with respect to any third third-party software, and undertakes no obligations with respect to any third party software, and Company makes no representation or warranty of any kind relating to any Customer-provided content, its quality or any use thereof. Company’s sole liability and Customer’s sole remedy for breach of the foregoing Hosted Application Warranty during the Hosted Application Warranty Period will be, at Company’s option, the repair or replacement of the Application, or a refund of the prepaid subscription fees received by Company from Customer for the remaining unused portion of the Application subscription licenses under the applicable Order Form(s) from the date written notice of deficiency was received from the Customer by Company.

Appears in 1 contract

Sources: K 12 Education Application License Agreement