LIMITED SUBSCRIPTION SERVICE WARRANTY Sample Clauses

LIMITED SUBSCRIPTION SERVICE WARRANTY. ServiceNow warrants that, during the Subscription Term, Customer’s production instance of the Subscription Service will materially conform to the Product Overview. To submit a warranty claim under this Section 5.1, Customer will submit a support request to resolve the non-conformity as provided in the Subscription Service Guide. If the non-conformity persists without relief more than 30 days after notice of a warranty claim provided to ServiceNow under this Section 5.1, then Customer may terminate the affected Subscription Service, and ServiceNow will refund to Customer any prepaid subscription fees covering that part of the ORDERING AGREEMENT applicable Subscription Term for the affected Subscription Service remaining after the effective date of termination. Notwithstanding the foregoing, this warranty will not apply to any non-conformity due to a modification of or defect in the Subscription Service that is made or caused by any person other than ServiceNow or a person acting at ServiceNow’s direction. This Section 5.1 sets forth Customer’s exclusive rights and remedies (and ServiceNow’s sole liability) in connection with this warranty.
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LIMITED SUBSCRIPTION SERVICE WARRANTY. Continuity warrants that, during the Subscription Term, Customer’s production instance of the Subscription Service will materially conform to the Product Overview. To submit a warranty claim under this Section 5.1, Customer will submit a support request to resolve the non-conformity in accordance with the terms and conditions set in the Order Form or SOW. If the non-conformity persists without relief more than 30 days after notice of a warranty claim provided to Continuity under this Section 5.1, then Customer may terminate the affected Subscription Service, and submit to Continuity or Reseller a claim for refund to Customer for any prepaid subscription fees covering that part of the applicable Subscription Term for the affected Subscription Service remaining after the effective date of termination. Notwithstanding the foregoing, this warranty will not apply to any non-conformity due to a modification of or defect in the Subscription Service that is made or caused by any person other than Continuity or a person acting at Continuity’s direction. This Section 5.1 sets forth Customer’s exclusive rights and remedies (and Continuity’s sole liability) in connection with this warranty.
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LIMITED SUBSCRIPTION SERVICE WARRANTY. ServiceNow warrants that, during the Subscription Term, Customer’s production instance of the Subscription Service will materially conform to the Product Overview. To submit a warranty claim under this Section 5.1, Customer will submit a support request to resolve the non- conformity as provided in the Subscription Service Guide. If the nonconformity persists without relief more than 30 days after notice of a warranty claim provided to ServiceNow under this Section 5.1, then Customer may terminate the affected Subscription Service, and ServiceNow will refund to Customer any prepaid subscription fees covering that part of the applicable Subscription Term for the affected Subscription Service remaining after the effective date of termination. Notwithstanding the foregoing, this warranty will not apply to any non-conformity due to a modification of or defect in the Subscription Service that is made or caused by any person other than ServiceNow or a person acting at ServiceNow’s direction. This Section 5.1 sets forth Customer’s exclusive rights and remedies (and ServiceNow’s sole liability) in connection with this warranty. 5.1. サブスクリプション・サービスに関する✲定保証 ServiceNow は、サブスクリプション期間中、顧客のサブスクリプション・サービスの本番インスタンスが、重要な点において製品概要に適合する❦とを保証します。顧客は、本条に基づく保証を請求する場合、サブスクリプション・サービス・ガイドに定める不適合を解決するためのサポート要求を提出するものとします。 本契約 5 条 1 項に基づき ServiceNow に保証請求を通知後 30 日以上、不適合が解決せず存続した場合、顧客は、影響を受けたサブスクリプション・サービスを解除する❦とができ、その場合、ServiceNow は顧客に対して、影響を受けたサブスクリプション・サービスにおける解約日以降の残存期間に相当する前払いされたサブスクリプション・サービス料金を払い戻すものとします。上記にかかわらず、本契約 5 条 1 項に基づ く保証は、ServiceNow または ServiceNow が指定する第三者以外の者に起因するサブスクリプション・サービスの変更または不具合には適用されな いものとします。本契約 5 条 1 項は、本保証に関連する、顧客の唯一の権利および救済方法（ならびに ServiceNow の唯一の責任）を定めたもので す。
Sample 1
LIMITED SUBSCRIPTION SERVICE WARRANTY. Kensu warrants that, during the Subscription Term, Customer’s production instance of the Subscription Service will materially conform to the Product Overview. To submit a warranty claim under this Section 6.1, Customer will submit a support request to resolve the non-conformity as provided in the Subscription Service Guide. If the non-conformity persists without relief more than 30 days after notice of a warranty claim provided to Kensu under this Section 6.1, then Customer may terminate the affected Subscription Service immediately on written notice termination, and as customer’s exclusive remedy Kensu will refund to customer any prepaid subscription fee covering the remainder of the applicable Subscription Term. Notwithstanding the foregoing, this warranty will not apply to any non-conformity due to a modification of or defect in the Subscription Service that is made or caused by any person other than Kensu or a person acting at Kensu’s direction. This Section 6.1 sets forth Customer’s exclusive rights and remedies (and Kensu’s sole liability) in connection with this warranty
Sample 1
LIMITED SUBSCRIPTION SERVICE WARRANTY. ServiceNow warrants that during the Subscription Term the Subscription Service, exclusive of Custom Applications and Development Materials, will operate without a Defect (as defined in the Subscription Service Guide which is attached hereto and incorporated into this Agreement by this reference), that causes a material failure of Customer’s production instances of the Subscription Service to perform in accordance with the Product Overview. Customer’s exclusive remedy for breach of this warranty is for ServiceNow to correct or work around the Defect upon request, subject to and in accordance with the procedures and limitations for receiving Support, as defined in the Subscription Service Guide. If the Defect persists in causing a material failure in Customer’s production instances of the Subscription Service to conform to the Product Overview without correction or work-around forty-five (45) days after written notice to ServiceNow of a warranty claim under this Section 4.1, then Customer may terminate the affected Subscription Service and ServiceNow shall refund to Customer any prepaid subscription fees covering the remainder of the Subscription Term of the affected Subscription Service after the date of termination. This Section 4.1 sets forth Customer’s exclusive rights and remedies (and ServiceNow’s sole liability) in connection with any Defect or other failure of the Subscription Service to perform in accordance with the Product Overview or any other manner. Notwithstanding any other provision in this Agreement, ServiceNow shall have no obligation to support, and shall have no liability or obligation due to unavailability, malfunction or degradation of performance in the Subscription Service that is due to a Custom Application, Development Materials, or modifications of the ServiceNow Applications by any person other than ServiceNow or a person acting at ServiceNow’s direction.
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LIMITED SUBSCRIPTION SERVICE WARRANTY. POWERSTACKS warrants that during the Subscription Term Customer’s Subscription Service shall materially conform to the Product Overview. To submit a warranty claim under this Section, Customer shall (1) reference this Section; and (2) submit a support request to resolve the non-conformity as provided in the Subscription Service Guide. If the non-conformity persists without relief more than thirty (30) days after written notice of a warranty claim provided to POWERSTACKS under this Section 4.1, then Customer may terminate the affected Subscription Service and submit to FASTACKS a claim for refund of any prepaid subscription fees covering the remainder of the Subscription Term of the affected Subscription Service after the date of termination. Notwithstanding the foregoing, this warranty shall not apply to any non-conformity due to a modification of or defect in the Subscription Service that is made or caused by any person other than POWERSTACKS or a person acting at POWERSTACKS’s direction. THIS SECTION 4.1 SETS FORTH CUSTOMER’S EXCLUSIVE RIGHTS AND REMEDIES (AND POWERSTACKS’S SOLE LIABILITY) IN CONNECTION WITH THIS WARRANTY.
Sample 1
LIMITED SUBSCRIPTION SERVICE WARRANTY. ServiceNow warrants that during the Subscription Term the Subscription Service will operate without a Defect, as defined in the Operations Guide, that causes a material failure of Customer’s production instances of the Subscription Service to perform in accordance with the functional specifications for the Subscription Service (“Specifications”). Customer’s exclusive remedy for breach of this warranty is to request Reseller and ServiceNow to correct or work around the Defect, subject to and in accordance with the procedures and limitations for receiving Support, as defined in the Operations Guide. If the Defect persists in causing a material failure in Customer’s production instances of the Subscription Service to conform to the Specifications without correction or work around forty-five (45) days after written notice to ServiceNow of a warranty claim under this Section 4.1, then Customer may terminate the affected Subscription Service and Reseller shall refund to Customer any prepaid subscription fees covering the remainder of the Subscription Term of the affected Subscription Service after the date of termination. This Section 4.1 sets forth Customer’s exclusive rights and remedies (and ServiceNow’s sole liability) in connection with any Defect or other failure of the Subscription Service to perform in accordance with the Specifications or any other manner.
Sample 1
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LIMITED SUBSCRIPTION SERVICE WARRANTY. LeapPoint warrants that, during the Subscription Term, Subscriber’s production instance of the Subscription Service will materially conform to the Product Overview. To submit a warranty claim under this Section 7.1, Subscriber will submit a support request to resolve the non- conformity. During Business Hours, LeapPoint will respond to Error reports submitted by authorized Administrators via our Error request queue. When reporting an Error, Subscriber will describe the Error in reasonable detail, indicate the severity of the Error (e.g., the Platform is unusable by all users, the Platform is usable but critical features are inoperative, the Platform is usable with a work-around for critical features, or non-critical features are inoperative), and specify any error message(s) observed. LeapPoint will use commercially reasonable efforts to respond to Subscriber’s Error reports. LeapPoint will use commercially reasonable efforts to correct, within a commercially reasonable period of time, any substantiated Error in the unaltered Platform reported by Subscriber as specified above. LeapPoint will determine the form of any Error correction, which may include, by way of example and not limitation, an individual patch, a work around, a maintenance release provided in the normal course of LeapPoint's maintenance release schedule, or a correction to erroneous documentation. If the Error persists without relief more than 30 days after notice of a warranty claim provided to LeapPoint under this Section 7.1, then Subscriber may terminate the affected Subscription Service, and submit to a claim for refund to Subscriber for any prepaid subscription fees covering that part of the applicable Subscription Term for the affected Subscription Service remaining after the effective date of termination. Notwithstanding the foregoing, this warranty will not apply to any Error due to a modification of or defect in the Subscription Service that is made or caused by any person other than LeapPoint or a person acting at LeapPoint’s direction. This Section 7.1 sets forth Subscriber’s exclusive rights and remedies (and LeapPoint’s sole liability) in connection with this warranty.
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Related to LIMITED SUBSCRIPTION SERVICE WARRANTY

  • Subscription Service PROS warrants that during the Subscription Term, the Subscription Service will conform in all material respects to the functional specifications set forth in the Documentation. Customer's sole and exclusive remedy will be the deployment of a corrected version of the PROS software application that is the object of the Subscription Service, or provision of a workaround, provided however if PROS fails to provide such remedy after using commercially reasonable efforts, Customer may exercise its rights herein for breach of contract, including, but not limited to, termination pursuant to Section 10.2.

  • Subscription Services We grant You a right to use the Genesys Cloud Service in accordance with this Agreement and the applicable product descriptions found in the Services Order.

  • Limited Warranty If Customer obtained the Software directly from TIBCO, then TIBCO warrants that for a period of thirty (30) days from the Purchase Date: (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current release.

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