Common use of Our Warranties Clause in Contracts

Our Warranties. We warrant that (i) We have validly entered into this Agreement and have the legal power to do so, (ii) the Services shall perform materially in accordance with the User Guide, (iii) the functionality of the Services will not be materially decreased during a subscription term, and (iv) We will not transmit Malicious Code to You, provided it is not a breach of this subpart (iv) if You or a User uploads a file containing Malicious Code into the Services and later downloads that file containing Malicious Code. For any breach of a warranty above, Your exclusive remedy shall be as provided in Section 11.3 (Termination for Cause) and Section 11.4 (Refund or Payment upon Termination) below.

Appears in 3 contracts

Samples: Master Subscription Agreement, Master Subscription Agreement, Master Subscription Agreement

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Our Warranties. We represent and warrant that (ia) We we have validly entered into this Agreement and have the legal power to do so, (iib) the Services shall perform materially in accordance subject to Section 4.3 (Integration with the User GuideThird Party Products and Services), (iii) the functionality of the Services will not be materially decreased during a subscription termthe applicable Subscription Term, and (ivc) We we will use commercially reasonable efforts to not transmit Malicious Code to Youyou, provided it is not a breach of this subpart the foregoing clause (ivc) if You you or a User uploads a file containing Malicious Code into the Services and later downloads that file containing Malicious Code. For any breach of a warranty abovein this Section 8.1, Your your exclusive remedy shall remedy, and our sole liability, will be as provided in Section 11.3 (Termination for Cause) and Section 11.4 11.5 (Refund or Payment upon Termination) below).

Appears in 2 contracts

Samples: Terms of Service, Master Subscription Agreement

Our Warranties. We warrant that (i) We have validly entered into this Agreement and have the legal power to do so, (ii) the Services shall perform materially in accordance with the User Guide, (iii) , the functionality of the Services will not be materially decreased during a subscription term, and (iv) We will not transmit Malicious Code to You, provided it is not a breach of this subpart (iv) if You or a User uploads a file containing Malicious Code into the Services and later downloads that file containing Malicious Code. For any breach of a warranty above, Your exclusive remedy shall be as provided in Section 11.3 (Termination for Cause) and Section 11.4 (Refund or Payment upon Termination) below.

Appears in 1 contract

Samples: Master Subscription Agreement

Our Warranties. We warrant that (i) We have validly entered into this Agreement and have the legal power to do so, (ii) the Services shall perform materially in accordance with the User Solution Guide, (iii) the functionality of the Services will not be materially decreased during a subscription term, and (iv) We will not transmit Malicious Code to You, provided it is not a breach of this subpart (iv) if You or a User uploads a file containing Malicious Code into the Services and later downloads that file containing Malicious Code. For any breach of a warranty above, Your exclusive remedy shall be as provided in Section 11.3 10.3 (Termination for Cause) and Section 11.4 10.4 (Refund or Payment upon Termination) below.

Appears in 1 contract

Samples: Master Subscription Agreement

Our Warranties. We warrant that that: (i) We have validly entered into this Agreement and have the legal power to do so, ; (ii) the Services shall perform materially in accordance subject to Section 4.3 (Integration with the User GuideSMART Systems Service), (iii) the functionality of the Services Service will not be materially decreased during a subscription term, ; and (iviii) We will not transmit Malicious Code to You, ; provided it is not a breach of this subpart (iv) if You or a User uploads a file containing Malicious Code into the Services Service and later downloads that file containing Malicious Code. For any breach of a warranty above, Your exclusive remedy shall be as provided in Section 11.3 (Termination for Cause) and Section 11.4 (Refund or Payment upon Termination) below.

Appears in 1 contract

Samples: Saas) Agreement

Our Warranties. We warrant that (i) We have validly entered into this Agreement and have the legal power to do so, (ii) the Services shall perform materially in accordance with the User Guide, (iii) the functionality of the Services will not be materially decreased during a subscription term, and (iv) We will not transmit Malicious Code to You, provided it is not a breach of this subpart (iv) if You or a User uploads a file containing Malicious Code into the Services and later downloads that file containing Malicious Code. For any breach of a warranty above, Your exclusive remedy shall be as provided in Section 11.3 12.3 (Termination for Cause) and Section 11.4 12.4 (Refund or Payment upon Termination) below.

Appears in 1 contract

Samples: Master Subscription Agreement

Our Warranties. We warrant that (i) We have validly entered into this Agreement and have the legal power to do so, (ii) the Services shall perform materially in accordance with the User GuideFunctional Specification, (iii) subject to Section 5.3 (Integration with Non-Mondial Services), the functionality of the Services will not be materially decreased during a subscription termSubscription Term, and (iv) We will not transmit Malicious Code to You, provided it is not a breach of this subpart (iv) if You or a User uploads a file containing Malicious Code into the Services and later downloads that file containing Malicious Code. For any breach of a warranty above, Your exclusive remedy shall be as provided in Section 11.3 (Termination for Cause) and Section 11.4 (Refund or Payment upon Termination) below.

Appears in 1 contract

Samples: Master Services Agreement

Our Warranties. We represent and warrant that (i) We have validly entered into this Agreement and have the legal power authority to do so, (ii) the Services shall perform materially in accordance with the User Guide, (iii) the functionality of the Services will not be materially decreased during a subscription term, and (iv) We will not transmit Malicious Code to You, provided it is you are not a in breach of this subpart subsection (iv) if You or a User uploads a file containing Malicious Code into the Services and later downloads that file containing Malicious Code. For any breach of a warranty above, Your exclusive remedy shall be as provided in Section 11.3 10.3 (Termination for Cause) and Section 11.4 10.4 (Refund or Payment upon Termination) below.

Appears in 1 contract

Samples: Agreement

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Our Warranties. We warrant that (i) We have validly entered into this Agreement and have the legal power to do so, (ii) the Services shall perform materially in accordance with the User Guide, (iii) the functionality of the Services will not be materially decreased during a subscription term, and (iv) We will not transmit Malicious Code to You, provided it is not a breach of this subpart (ivv) if You or a User uploads a file containing Malicious Code into the Services and later downloads that file containing Malicious Code. For any breach of a warranty above, Your exclusive remedy shall be as provided in Section 11.3 (Termination for Cause) and Section 11.4 (Refund or Payment upon Termination) below.

Appears in 1 contract

Samples: Goplanogram Subscription Agreement

Our Warranties. We warrant that (i) We have validly entered into this Agreement and have the legal power to do so, (ii) the Services shall perform materially in accordance with the User Guide, (iii) , the functionality of the Services will not be materially decreased during a subscription term, and (iv) We will not transmit Malicious Code to You, provided it is not a breach of this subpart (iv) if You or a User uploads a file containing Malicious Code into the Services and later downloads that file containing Malicious Code. For any breach of a warranty above, Your exclusive remedy shall be as provided in Section 11.3 (Termination for Cause) and Section 11.4 (Refund or Payment upon Termination) below. 8.2.

Appears in 1 contract

Samples: Master Subscription Agreement

Our Warranties. We warrant that (i) We have validly entered into this Agreement and have the legal power to do so, (ii) the Services shall perform materially in accordance with the User GuideService Description, (iii) subject to Section 4.3 (Integration with Non-RightStar Services), the functionality of the Services will not be materially decreased during a subscription term, and (iv) We will not transmit Malicious Code to You, provided it is not a breach of this subpart (ivv) if You or a User uploads a file containing Malicious Code into the Services and later downloads that file containing Malicious Code. For any breach of a warranty above, Your exclusive remedy shall be as provided in Section 11.3 (Termination for Cause) and Section 11.4 (Refund or Payment upon Termination) below.

Appears in 1 contract

Samples: User License Agreement

Our Warranties. We represent and warrant that (i) We have validly entered into this Agreement and have the legal power authority to do so, (ii) the Services shall perform materially in accordance with the User Guide, (iii) the functionality of the Services will not be materially decreased during a subscription term, and (iv) We will not transmit Malicious Code to You, provided it is not a in breach of this subpart subsection (iv) if You or a User uploads a file containing Malicious Code into the Services and later downloads that file containing Malicious Code. For any breach of a warranty above, Your exclusive remedy shall be as provided in Section 11.3 10.3 (Termination for Cause) and Section 11.4 10.4 (Refund or Payment upon Termination) below.

Appears in 1 contract

Samples: Questica Software Subscription Agreement

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