Common use of Program Warranty Clause in Contracts

Program Warranty. L5.1 CoCre8 warrants that, if within ninety (90) days after delivery of a Program subject to a Primary Licence it is reported to CoCre8 that the Program contains an intrinsic error or does not when properly used on the applicable Authorised Equipment materially conform to CoCre8's appropriate Product Description published at the date of acceptance by CoCre8 of the PL Order then CoCre8 will, unless stipulated otherwise by CoCre8 on the PL Order, use every reasonable effort to remedy any errors by way of error correction or avoidance action. Due to the nature of Programs, no guarantee is given of uninterrupted or error free running or that all errors will be rectified by error correction or avoidance action and CoCre8 shall not be liable for any claim whatsoever or howsoever arising whether in contract, delict or otherwise for any failure on its part to effect a successful error correction or avoidance action. L5.2 CoCre8's obligation under the above warranty shall be as recorded in L5.1 and shall be CoCre8's sole liability and CoCre8 shall have no other liability whatsoever as regards the quality, or fitness for purpose of any Program or for any loss or damage whether in contract, delict or otherwise and all other representations, conditions, warranties and terms whether express or implied, statutory or otherwise are hereby excluded save where not capable of exclusion at law.