Operating System Changes; No Cost Sample Clauses

Operating System Changes; No Cost. Vendor represents and warrants that the operating system that supports the Software and Equipment is a current operating system, fully supported by Vendor or third party (as applicable)„ and is capable of being Updated and Upgraded for the Useful Life of the Product. Further Vendor represents and warrants that any and all operating system Upgrades and Updates to every Product that contains Software will be made available to Purchaser and provided at no cost to Purchaser for the Useful Life of the Product. For the avoidance of doubt, any Equipment modifications or changes necessary in order for the Equipment to continue to operate with the latest supported operating system will also be provided to Purchaser at no cost during the Useful Life of the Product. in the event that the Equipment cannot be modified or changed in order to work with the latest supported operating system, then Vendor shall provide or cause to be provided to Purchaser at no cost, substitute equipment (“Substitutes”) which shall have the same functional capabilities of the Equipment originally provided and shall meet or exceed the original Equipment’s rated performance characteristics. In the event Vendor does not have a Substitute that meets or exceeds the original Equipment’s rated performance characteristics, then Vendor shall refund the amount paid by Purchaser for the Equipment.