Licensed Program Warranty. 3DS warrants for ninety (90) days from the initial delivery of each Licensed Program that such Licensed Program will materially conform to its Documentation when used in the specified operating environment. If the Licensed Program does not so conform, and Customer has notified 3DS within this warranty period, 3DS will use commercially reasonable efforts to make it conform as warranted. If 3DS has not corrected the non-conformity within ninety (90) days from the date of such notification, Customer may terminate the license to the non-conforming Licensed Program within thirty (30) days and receive a full refund of all fees paid for such non-conforming Licensed Program. This refund represents 3DS’s sole liability and Customer’s sole remedy for breach of this warranty.
Licensed Program Warranty. A. For any LICENSED PROGRAM that is provided by SUPPLIER to DGC and subsequently provided by DGC to CUSTOMER under an executed licensing agreement (as opposed to a LICENSED PROGRAM that is packaged with its own "break-the-seal" type of license agreement), SUPPLIER warrants to DGC and CUSTOMER that, for ninety (90) calendar days after successful installation, the LICENSED PROGRAM will operate in accordance with SUPPLIER's (or the manufacturer's) published specifications applicable thereto, and any other specifications and/or requirements set forth in the applicable PROJECT ATTACHMENT. If DGC reports a material deviation from the specifications or applicable requirements within the WARRANTY PERIOD, and SUPPLIER is unable to correct or offer an alternative acceptable to DGC within thirty (30) calendar days after receipt of the report, DGC shall have the option of returning the LICENSED PROGRAM, and receiving a refund from SUPPLIER of the full amount paid by DGC for such LICENSED PROGRAM.
Licensed Program Warranty. 3DS warrants that the Licensed Program will materially conform to its Documentation when used in the specified operating environment. If the Licensed Program does not conform, and Customer has notified 3DS, 3DS will repair the Licensed Program to make it conform as warranted, or refund Customer for all fees paid for the non-conforming Licensed Program. This repair or refund (as the case may be) represents 3DS’s sole liability and Customer’s sole remedy for breach of this warranty.
Licensed Program Warranty. SELLER warrants that: (i) the Licensed Program does not contain any virus, time bomb, hidden files, malicious code or any other contaminant, including, but not limited to, codes, commands or instructions that may be used to alter, delete, damage or disable the Licensed Program, other software, UTILITIES information or other UTILITIES property; (ii) the Specifications faithfully and accurately describe the Licensed Program; (iii) UTILITIES’ use of the Licensed Program will not in any way constitute an infringement or other violation of any copyright, trade secret, trademark, patent, invention, or other proprietary right of any third party; (iv) the prices for each item and the terms and conditions of this Contract are comparable to, or more favorable to UTILITIES than the comparable prices, terms and conditions that have been offered by SELLER to any of its customers; and (v) there are no actions, suits or proceedings, pending or threatened, which will have a material adverse effect on SELLER’s ability to fulfill its obligations under this Contract.
Licensed Program Warranty. The following warranty is in addition to any other warranty set forth in the agreement and shall control in case of conflict with any such other warranty that pertains to Licensed Program(s).
