Common use of Our Software Clause in Contracts

Our Software. Without prejudice to the disclaimers included in the Master Agreement, We undertake that, provided it is operated in accordance with Our instructions, Our Software will materially perform in accordance with the Documentation. We are not responsible for any claimed breach of any warranty set forth in this clause caused by: (i) modifications made to Our Software by anyone other than Us; (ii) the combination, operation or use of Our Software with any items that are not part of the XXX or the Equipment; (iii) Your failure to use any Updates that We made available to You; (iv) Our adherence to Your specifications or instructions; or (v) You deviating from Our Software operating procedures described in the Documentation.

Appears in 6 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

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