Obtaining Warranty Service. If Licensee detects a defect in the Software that may give rise to a duty under the foregoing warranty, it will cease using the Software immediately and notify Licensor or its local sales partner in writing of the defect and provide sufficient supporting documentation within the period for notifying defects. Such period for notifying defects is ninety (90) days from the date of delivery of the data carrier medium (for a defect in the data carrier medium) and one (1) year from the date of delivery of the Software (for a defect in the Software). The written supporting documentation relating to the defect will be sufficient if it permits the defect detected by Licensee to be capable of reproduction by Licensor. Licensee will annex the relevant purchase receipt so that Licensor can determine compliance with the periods for notifying defects. Licensee will not carry out modifications or repairs itself or permit such modifications or repairs to be carried out by unauthorized third parties. If requested by Licensor, Licensee will support Licensor in the analysis of the causes and conditions giving rise to the defect, as well as in the development and testing of correction codes or a work-around solution. Warranty exclusive. Licensee’s sole remedy for Software defects is set forth in the foregoing express warranty. The Software is licensed with its current features “as is” and with no warranty or guarantee of whatever nature, other than the foregoing express warranty. Such express warranty is in lieu of all other warranties, express or implied, either in fact or by operation of law, statutory or otherwise, including warranties, terms or conditions of merchantability, fitness for a particular purpose, satisfactory quality and non-infringement, all of which are expressly disclaimed. Licensee acknowledges that Licensor’s sales partner or dealers are not allowed to provide any warranty, guarantee or assurance with regard to the use, suitability, or results of use of the Software, or with regard to the precision, accuracy or reliability thereof, and any such warranty, guarantee or assurance is of no effect. It shall be the responsibility of Licensee to select the Software that fulfils its requirements. Licensee shall bear the full risk for the performance of and results achieved by the Software and for its suitability for the use that Licensee has planned for it, even when Licensor has been informed of the planned use of the Software. Licensor shall be relieved of its obligations under the foregoing express warranty to the extent that any defect is caused by circumstances for which it is not responsible, including, without limitation, (a) non-compliance with the conditions of use and operation contained in the Product description or the documentation; (b) non-compliance with the provisions of this License Agreement;
Appears in 3 contracts
Samples: License Agreement, License Agreement, License Agreement
Obtaining Warranty Service. If Licensee detects a defect in the Software that may give rise to a duty under the foregoing warranty, it will cease using the Software immediately and notify Licensor or its local sales partner in writing of the defect and provide sufficient supporting documentation within the period for notifying defects. Such period for notifying defects is ninety (90) days from the date of delivery of the data carrier medium (for a defect in the data carrier medium) and one (1) year from the date of delivery of the Software (for a defect in the Software). The written supporting documentation relating to the defect will be sufficient if it permits the defect detected by Licensee to be capable of reproduction by Licensor. Licensee will annex the relevant purchase receipt so that Licensor can determine compliance with the periods for notifying defects. Licensee will not carry out modifications or repairs itself or permit such modifications or repairs to be carried out by unauthorized third parties. If requested by Licensor, Licensee will support Licensor in the analysis of the causes and conditions giving rise to the defect, as well as in the development and testing of correction codes or a work-around solution. Warranty exclusive. Licensee’s sole remedy for Software defects is set forth in the foregoing express warranty. The Software is licensed with its current features “as is” and with no warranty or guarantee of whatever nature, other than the foregoing express warranty. Such express warranty is in lieu of all other warranties, express or implied, either in fact or by operation of law, statutory or otherwise, including warranties, terms or conditions of merchantability, fitness for a particular purpose, satisfactory quality and non-infringement, all of which are expressly disclaimed. Licensee acknowledges that Licensor’s sales partner or dealers are not allowed to provide any warranty, guarantee or assurance with regard to the use, suitability, or results of use of the Software, or with regard to the precision, accuracy or reliability thereof, and any such warranty, guarantee or assurance is of no effect. It shall be the responsibility of Licensee to select the Software that fulfils its requirements. Licensee shall bear the full risk for the performance of and results achieved by the Software and for its suitability for the use that Licensee has planned for it, even when Licensor has been informed of the planned use of the Software. Licensor shall be relieved of its obligations under the foregoing express warranty to the extent that any defect is caused by circumstances for which it is not responsible, including, without limitation, (a) non-compliance with the conditions of use and operation contained in the Product description or the documentation; (b) non-compliance with the provisions of this License Agreement;; (c) unauthorized modifications to or interference with the Software by Licensee or third parties; (d) errors in the operation of the Software by Licensee or by third-party staff; (e) influences from systems or programs that have not been supplied by Licensor; or (f) use on a computer facility other than the Specified Computer Facility. In the event that Licensor is not responsible for a defect pursuant to these warranty provisions or that Licensor incurs additional expenditure as a result of the failure of Licensee to comply fully with its obligations under this Section 3 (including, without limitation, its obligation to support and provide documentation to Licensor), Licensor shall have the right to charge Licensee for the costs that it incurs for the analysis and rectification of the defect according to the time and materials required and in accordance with the applicable rates charged by Licensor at the time.
Appears in 1 contract
Samples: License Agreement
