Common use of Limited Software Warranty Clause in Contracts

Limited Software Warranty. If Buyer has purchased the software directly from Verso, then Verso warrants to Buyer that for a period of ninety (90) days (the "Software Warranty Period") beginning upon the date of shipment, the Software will substantially conform to its associated documentation when used in a computing environment (including on computer hardware and with operating systems) specified as "compatible" in the documentation. Verso's sole and exclusive obligation, and Buyer's sole and exclusive remedy, for breach of the foregoing warranty shall be, at Verso's option, to (a) correct any reproducible error in the Software; (b) replace the Software with a substantially equivalent substitute that conforms to the warranty set forth above; or (c) refund to Buyer the fees actually paid by Buyer to Verso for the non-conforming Software. THE EXPRESS WARRANTIES IN THIS SECTION 2 ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PRODUCTS INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, QUIET ENJOYMENT, AND ACCURACY. NEITHER VERSO NOR ITS SUPPLIER REPRESENT OR WARRANT THAT THE OPERATION OF THE PRODUCTS (INCLUDING THE SOFTWARE) WILL BE UNINTERRUPTED OR ERROR-FREE. BUYER ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS SECTION 2 AND THAT NO WARRANTIES ARE MADE BY VERSO OR ANY OF ITS SUPPLIERS. Some jurisdictions do not allow the disclaimer of implied warranties, so the above disclaimer of implied warranties may not apply to Buyer, in which case the duration of the implied warranties is sixty (60) days from when the Product is received by Buyer.

Limited Software Warranty. If Buyer has purchased the software directly from Verso, then Verso warrants to Buyer that for For a period of ninety (90) 45 days (the "Software Warranty Period") beginning upon from the date of shipmentyou purchase this license to the Software, Gibraltar Software warrants that when properly installed and used under normal conditions, the Software will perform substantially conform to its associated documentation when used in a computing environment (including on computer hardware as advertised. Disclaimer of Warranties and with operating systems) specified as "compatible" in the documentation. Verso's sole and exclusive obligationLimitation of Liability UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY GIBRALTAR SOFTWARE, and Buyer's sole and exclusive remedy, for breach of the foregoing warranty shall be, at Verso's option, to (a) correct any reproducible error in the Software; (b) replace the Software with a substantially equivalent substitute that conforms to the warranty set forth above; or (c) refund to Buyer the fees actually paid by Buyer to Verso for the non-conforming Software. THE EXPRESS WARRANTIES IN THIS SECTION 2 ARE IN LIEU OF ALL GIBRALTAR SOFTWARE MAKES NO OTHER WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, IN FACT OR STATUTORYIN LAW, REGARDING THE PRODUCTS INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT. Gibraltar Software makes no warranty that the Software will meet your requirements or operate under your specific conditions of use. Gibraltar Software makes no warranty that operation of the Software will be secure, TITLEerror free, NON-INFRINGEMENT or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. EXCEPT AS SET FORTH HEREIN, YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THIRD-THE SOFTWARE TO MEET YOUR REQUIREMENTS. GIBRALTAR SOFTWARE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY, ITS TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO THE OTHER PARTY RIGHTSFOR INDIRECT, QUIET ENJOYMENTCONSEQUENTIAL, AND ACCURACYSPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF EITHER PARTY, EVEN IF SUCH PARTY IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER VERSO NOR ITS SUPPLIER REPRESENT OR WARRANT TO THE EXTENT THAT THE OPERATION OF APPLICABLE JURISDICTION LIMITS A PARTY'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE PRODUCTS (INCLUDING THE SOFTWARE) WILL BE UNINTERRUPTED OR ERROR-FREE. BUYER ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS SECTION 2 AND THAT NO WARRANTIES ARE MADE BY VERSO OR ANY OF ITS SUPPLIERS. Some jurisdictions do not allow the disclaimer of implied warranties, so the above disclaimer of implied warranties may not apply to Buyer, in which case the duration of the implied warranties is sixty (60) days from when the Product is received by BuyerMAXIMUM EXTENT PERMITTED.

Limited Software Warranty. If Buyer has purchased the software directly from Verso, then Verso Neo Technology represents and warrants to Buyer Licensee that the Software when used for its intended purpose and in accordance with Neo Technology's instructions, will materially conform to Neo Technology's published specifications for a period of ninety (90) calendar days (the "Software Warranty Period") beginning upon from the date of shipment, Licensee is first permitted to access and use the Software will substantially conform to its associated documentation when used in a computing environment under Section 2(c) (including on computer hardware Delivery and with operating systemsAcceptance) specified as "compatible" in the documentationabove. Verso's sole and exclusive obligation, and BuyerLicensee's sole and exclusive remedy, and Neo Technology's sole and exclusive liability for any breach of the foregoing this warranty shall will be, at VersoNeo Technology's optionsole discretion, to (a) correct any reproducible error in either fix the Software to remedy the defect or refund the applicable Software license fees paid by Licensee for the Software; , in each case on condition that Licensee promptly notifies Neo Technology in writing of any alleged breach of this warranty within such ninety (b90) replace the Software with a substantially equivalent substitute that conforms calendar day period. This warranty is null and void to the extent the Software: (i) fails to conform with this warranty set forth aboveas a result of its use with any third party hardware or software; or (cii) refund to Buyer the fees actually paid by Buyer to Verso is used for the non-conforming Softwarean unintended purpose, is used other than in accordance with its published documentation or specifications, Disclaimer of Warranties. THE EXPRESS WARRANTIES EXCEPT AS EXPRESSLY SET FORTH ABOVE IN THIS SECTION 2 7 OR IN SECTION 13: (I) THE SOFTWARE AND SERVICES ARE IN LIEU PROVIDED TO LICENSEE ON AN "AS IS" BASIS, WITH ANY AND ALL FAULTS, AND WITHOUT ANY WARRANTY OF ANY KIND; AND (II) NEO TECHNOLOGY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, REPRESENTATIONS. WARRANTIES AND CONDITIONS WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PRODUCTS INCLUDINGOR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLESATISFACTORY QUALITY, AND NON-INFRINGEMENT OF THIRD-THIRD PARTY RIGHTS. NEO TECHNOLOGY DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL MEET LICENSEE'S OR ITS END USERS' REQUIREMENTS, QUIET ENJOYMENT, AND ACCURACY. NEITHER VERSO NOR ITS SUPPLIER REPRESENT OR WARRANT THAT THE OPERATION OF THE PRODUCTS (INCLUDING THE SOFTWARE) SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED. BUYER LICENSEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT IT HAS RELIED THE USE OF THE SOFTWARE AND SERVICES AND ALL RESULTS OF SUCH USE IS SOLELY AT LICENSEE'S AND ITS END USERS' OWN RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NEO TECHNOLOGY OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION AND/OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON NO HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO LICENSEE. IN SUCH EVENT, NEO TECHNOLOGY'S WARRANTIES OTHER THAN AND CONDITIONS WITH RESPECT TO THE EXPRESS WARRANTIES SOFTWARE AND SERVICES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN THIS SECTION 2 AND THAT NO WARRANTIES ARE MADE BY VERSO OR ANY OF ITS SUPPLIERS. Some jurisdictions do not allow the disclaimer of implied warranties, so the above disclaimer of implied warranties may not apply to Buyer, in which case the duration of the implied warranties is sixty (60) days from when the Product is received by BuyerSUCH JURISDICTION.

Limited Software Warranty. If Buyer has purchased the software directly from Verso, then Verso Ericom represents and warrants to Buyer that for a the period of ninety ending thirty (9030) days (the "Software Warranty Period") beginning upon from the date Licensee receives Licensee’s initial copy of shipmentthe Program, (a) the media on which Ericom has supplied the Software will is not defective and the Software is properly recorded on it; and (b) the Software functions substantially conform to its associated documentation when used in a computing environment (including on computer hardware and with operating systems) specified as "compatible" described in the documentationaccompanying user manuals (“Operational Warranty”). Verso's sole and exclusive Ericom must receive written notice of an Operational Warranty breach within such thirty (30) day period. Ericom’s only obligation, and Buyer's sole and exclusive Licensee’s only remedy, for any breach of the foregoing warranty shall Operational Warranty will be, at Verso's optionEricom’s option and expense, to (a) correct any or provide a workaround for reproducible error errors in the SoftwareSoftware that caused the breach within a reasonable time, considering the severity of the error and its effect on Licensee; or (b) replace terminate the Agreement with respect to the defective Software, and refund the unused, prepaid fees for the defective Software during the then-current License Term, provided Licensee purges all copies of the Program from all computer systems on which it was stored. Notwithstanding the foregoing, the limited warranties set forth in this Section shall not apply to any non- conformance (i) that Ericom cannot recreate after exercising commercially reasonable efforts to do so; (ii) caused by misuse of the applicable Software or by using the Software in a manner that is inconsistent with a substantially equivalent substitute that conforms to the warranty set forth aboveAgreement; or (ciii) refund to Buyer the fees actually paid by Buyer to Verso for the nonarising from Software modifications by, or on behalf of, anyone other than Ericom. OTHER THAN THE FOREGOING LIMITED WARRANTY AND FOR ANY WARRANTY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW, THE PROGRAM AND ALL SUPPORT SERVICES AND PROFESSIONAL SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE. ERICOM AND ITS THIRD-conforming Software. THE EXPRESS WARRANTIES IN THIS SECTION 2 ARE IN LIEU OF PARTY LICENSORS DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESSEXPRESS OR IMPLIED. NO ORAL OR WRITTEN INFORMATION OR ADVICE THAT ERICOM, IMPLIEDITS DEALERS, DISTRIBUTORS, AGENTS, OR STATUTORYEMPLOYEES MAY PROVIDE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE FOREGOING LIMITED WARRANTY, REGARDING AND LICENSEE MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. LICENSEE ACKNOWLEDGES THAT ERICOM DOES NOT WARRANT THAT (i) THE PRODUCTS INCLUDINGSOFTWARE WILL MEET LICENSEE’S REQUIREMENTS, WITHOUT LIMITATION, (ii) THE PROGRAM DOES NOT INFRINGE ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY THIRD- PARTY’S INTELLECTUAL PROPERTY RIGHTS, QUIET ENJOYMENT(iii) THE SOFTWARE WILL OPERATE IN COMBINATIONS OTHER THAN AS SPECIFIED IN ERICOM’S DOCUMENTATION, AND ACCURACY. NEITHER VERSO NOR ITS SUPPLIER REPRESENT OR WARRANT THAT THE OPERATION OF THE PRODUCTS (INCLUDING iv) THE SOFTWARE) ’S OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. BUYER ACKNOWLEDGES FREE OR THAT IT HAS RELIED ON NO WARRANTIES ALL ERRORS WILL BE CORRECTED OR FREE OF VIRUSES OR OTHER THAN HARMFUL COMPONENTS, (v) THE EXPRESS WARRANTIES SOFTWARE WILL PROTECT AGAINST ALL SECURITY THREATS, INTERNET THREATS, OR OTHER THREATS OR INTERRUPTIONS, AND (vi) THE SOFTWARE’S FEATURES, CATEGORIES, AND FUNCTIONALITIES WILL BE AVAILABLE AT ALL TIMES IN THIS SECTION 2 AND THAT NO WARRANTIES ARE MADE BY VERSO OR ANY OF ITS SUPPLIERS. Some jurisdictions do not allow the disclaimer of implied warranties, so the above disclaimer of implied warranties may not apply to Buyer, in which case the duration of the implied warranties is sixty (60) days from when the Product is received by BuyerTHE FUTURE.

Limited Software Warranty. If Buyer has purchased SilexPro warrants the software directly from VersoSoftware, then Verso warrants as delivered by SilexPro and properly installed and operated on the Hardware or other equipment it is originally licensed for, to Buyer that for a function substantially as described in its accompanying user manual during its respective warranty period of ninety (90) days (the "Software Warranty Period") beginning upon which begins on the date Software is first activated by the Customer. SilexPro does not warrant that any item of shipmentSoftware or a Software Release is 100% bug-free or that its use will be uninterrupted. SilexPro is not obligated to remedy any Software defect which cannot be reproduced with the latest Software Release. These warranties do not apply to any Product which has been (i) altered, the Software will substantially conform except by SilexPro or according to its associated documentation when instructions, (ii) used in a computing environment (including on computer hardware and conjunction with operating systems) specified as "compatible" another vendor’s product resulting in the documentationdefect, or (iii) damaged by improper environment, abuse, misuse, accident or negligence. Verso's Replacement parts furnished under this warranty may be refurbished or contain refurbished components. If any item of Software fails to so function during its warranty period, as the sole and exclusive obligation, and Buyer's sole and exclusive remedy, for breach of the foregoing warranty shall beSilexPro will provide a suitable fix, at Verso's option, to (a) correct any reproducible error in the Software; (b) replace the Software with a substantially equivalent substitute that conforms to the warranty set forth above; or (c) refund to Buyer the fees actually paid by Buyer to Verso for the non-conforming Software. THE EXPRESS WARRANTIES IN THIS SECTION 2 SILEXPRO’S LIMITED WARRANTY IS SET FORTH HEREIN AND ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES. SILEXPRO, WHETHER EXPRESSAND ITS SUPPLIERS OR LICENSORS MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR STATUTORYBY OPERATION OF LAW, REGARDING STATUTORY OR OTHERWISE, RELATING TO ITS PRODUCTS, INCLUDING THE PRODUCTS INCLUDING, WITHOUT LIMITATION, SILEXPRO SOFTWARE AND ACCOMPANYING HARDWARE AND RELATED DOCUMENTATION OR USE THEREOF AND EXPRESSLY EXCLUDES AND DISCLAIMS ANY WARRANTIES WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MOREOVER, TITLE, NON-INFRINGEMENT THE PROVISIONS SET FORTH IN SUCH LIMITED WARRANTY STATE SILEXPRO’S ENTIRE RESPONSIBILITY AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY BREACH OF THIRD-PARTY RIGHTS, QUIET ENJOYMENT, AND ACCURACY. NEITHER VERSO NOR ITS SUPPLIER REPRESENT OR WARRANT THAT THE OPERATION OF THE PRODUCTS (INCLUDING THE SOFTWARE) WILL BE UNINTERRUPTED OR ERROR-FREE. BUYER ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS SECTION 2 AND THAT NO WARRANTIES ARE MADE BY VERSO OR ANY OF ITS SUPPLIERS. Some jurisdictions do not allow the disclaimer of implied warranties, so the above disclaimer of implied warranties may not apply to Buyer, in which case the duration of the implied warranties is sixty (60) days from when the Product is received by BuyerWARRANTY.

Limited Software Warranty. If Buyer has purchased the software directly from Verso, then Verso warrants to Buyer that for For a period of ninety (90) days (the "Software Warranty Period") beginning upon from the date of shipmentthat Software is shipped to the End User, NetApp warrants that (i) the Software will substantially materially conform to its associated NetApp's then-current documentation when used in a computing environment and specifications for such Software; (including on computer hardware ii) the media containing the Software (but not the software itself) is free from physical defects; (iii) Dell will acquire good and with operating systemsmarketable title to the software and that all such software will be free and clear of all liens, claims, encumbrances and other restrictions; and (iv) specified as "compatible" NetApp has all the necessary rights and licenses to allow Dell to distribute and resell software without restriction or additional charge or liability to any third party; and provided, further, that in the documentation. Versocase of breach Dell's sole remedy and exclusive obligation, and BuyerNetApp's sole and exclusive remedy, liability for breach of the foregoing warranties in clauses (iii) or (iv) immediately above shall be indemnification pursuant to Section 12 below; and provided further that, except as provided in Section 5.a, in the case of breach of the warranty in clause (i), NetApp shall bewithin ninety (90) days (unless a fewer number of days is required and practical, on a mutually agreeable case by case basis) of Dell's request supply Software that materially conforms to NetApp's then-current documentation and specifications for such Software and in the case of breach of the warranty in clause (ii) NetApp shall, within ninety (90) days (unless a fewer number of days is required and practical, on a mutually agreeable case by case basis) of Dell's request, furnish replacement media containing the Software that is free from physical defects. Notwithstanding the foregoing, for a period of five (5) years after the delivery to Dell of Software previously accepted by Dell, NetApp shall develop corrections, patches or work-arounds ("Bug Fixes") to material errors in performance or operation of such Software (each a "Bug") within the "applicable Bug fix period" following (x) the discovery of the Bug by NetApp, or (y) the reporting of the Bug by Dell or End Users to NetApp. Initial response time shall be as per Attachment F. The "applicable Bug fix period" shall mean one (1) business day in the case of a Priority 1 Bug, seven (7) business days in the case of a Priority 2 Bug and an appropriate number of business days as determined on a case by case basis for other Bugs (as Priority 1 and 2 Bugs are defined in Attachment F). NetApp shall provide such Bug Fixes at Verso's optionno cost to Dell; provided, however, that Dell shall be charged separately by NetApp (on a mutually agreed upon time and materials basis) for Bug Fixes for Licensed Ported Software Materials necessitated by an error in or a deficiency in scope of the original specifications for such Licensed Ported Software Materials provided by Dell (a "Dell Bug"); provided, further, however, that NetApp agrees to notify Dell and correct the Dell Bug at no additional charge as requested by Dell if NetApp has knowledge of (or should reasonably have knowledge of) a Dell Bug during the development of the applicable Licensed Ported Software Materials, to (a) correct any reproducible error in avoid such Dell Bug from occurring. Software upgrades and enhancement/update subscriptions must be purchased separately after the Software; (b) replace the Software with a substantially equivalent substitute that conforms to the 90 day warranty set forth above; or (c) refund to Buyer the fees actually paid by Buyer to Verso for the non-conforming Software. THE EXPRESS WARRANTIES IN THIS SECTION 2 ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PRODUCTS INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, QUIET ENJOYMENT, AND ACCURACY. NEITHER VERSO NOR ITS SUPPLIER REPRESENT OR WARRANT THAT THE OPERATION OF THE PRODUCTS (INCLUDING THE SOFTWARE) WILL BE UNINTERRUPTED OR ERROR-FREE. BUYER ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS SECTION 2 AND THAT NO WARRANTIES ARE MADE BY VERSO OR ANY OF ITS SUPPLIERS. Some jurisdictions do not allow the disclaimer of implied warranties, so the above disclaimer of implied warranties may not apply to Buyer, in which case the duration of the implied warranties is sixty (60) days from when the Product is received by Buyerperiod.

Limited Software Warranty. If Buyer has purchased Imprivata warrants (a) that the software directly from Verso, then Verso warrants Software will conform substantially to Buyer that Imprivata's published user documentation as of the date of the Software delivery to you for a period of ninety sixty (9060) days thereafter and (b) that it will provide any services agreed to between the parties in a good and workmanlike manner consistent with industry standards. This warranty is a limited warranty. It does not apply to (a) Software and other products identified in their product description as being sold or licensed "as-is" or (b) Software Warranty Periodand other products identified as "beta" or "pre-release" or the like; all of which are supplied on an "as-is" basis without any warranty of any sort. Imprivata will have no obligation hereunder if the alleged defect is due to (x) beginning upon the date causes not within Imprivata's control, including accident, alteration, abuse, misuse or repair not performed by Imprivata or (y) use of shipment, the Software will substantially conform to other than in accordance with its associated documentation when used in a computing environment (including on computer hardware and with operating systems) specified as "compatible" in the documentationpublished specifications. VersoImprivata's sole and exclusive obligationliability, and Buyer's your sole and exclusive remedy, for any breach of the foregoing Software warranty shall beis that Imprivata shall, at Verso's its option, to (a) correct any reproducible error in the Software; (b) repair or replace the Software with a substantially equivalent substitute so that it conforms to the limited warranty set forth above; above or (c) terminate this Agreement and, refund to Buyer you the fees actually price paid by Buyer therefor. For any breach of the foregoing services warranty, Imprivata's sole liability, and your sole and exclusive remedy shall be for Imprivata to Verso for re-perform such services, provided you notify Imprivata in writing of any such breach within thirty (30) days after the non-conforming Softwareperformance of any nonconforming services. THE EXPRESS WARRANTIES IN THIS SECTION 2 ARE IN LIEU OF ALL IMPRIVATA MAKES NO OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, IMPLIED OR STATUTORY, REGARDING AS TO THE PRODUCTS INCLUDINGSOFTWARE OR THE SERVICES AND ALL OTHER WARRANTIES AS TO QUALITY, WITHOUT LIMITATIONCONDITION, ANY WARRANTIES ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY AND NONINFRINGEMENT ARE EXPRESSLY DISCLAIMED. The Software is not warranted to be error free. You will have sole responsibility for the adequate protection and backup of your data and/or equipment used with the Software. THIS LIMITED WARRANTY GIVES YOU SPECIFIC RIGHTS, QUIET ENJOYMENT. YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE, AND ACCURACY. NEITHER VERSO NOR ITS SUPPLIER REPRESENT OR WARRANT THAT THE OPERATION OF THE PRODUCTS (INCLUDING THE SOFTWARE) WILL BE UNINTERRUPTED OR ERROR-FREE. BUYER ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS SECTION 2 AND THAT NO WARRANTIES ARE MADE BY VERSO OR ANY OF ITS SUPPLIERS. Some jurisdictions do not allow the disclaimer of implied warranties, so the above disclaimer of implied warranties may not apply to Buyer, in which case the duration of the implied warranties is sixty (60) days from when the Product is received by BuyerCOUNTRY TO COUNTRY.