Common use of Software Disclaimer Clause in Contracts

Software Disclaimer. NCC does not warrant that operation of the Software shall be uninterrupted or error free except as stated abov e . The Client is solely responsible for the accuracy and integrity of its own data, reports, documentation, and security. NO WARRANTY OR ASSURANCE, EXPRESS, IMPLIED, OR STATUTORY, IS GIVEN BY NCC WITH RESPECT TO THE SOFTWARE, NCC'S SERVICES OR ANY OTHER MATTER, INCLUDING, WITHOUT LIMITATION (AND NCC SPECIFICALLY DISCLAIMS) ALL WARRANTIES OF TITLE, Configuration. Within a reasonable time after the effective date, and prior to the online date, Client will provide NCC with applicable information required in the user set up packet which NCC reasonably requires to properly configure client's Software. Access to the Software will not be provided to Client until such information is provided to NCC. Browser Access and Internet Service. The Client is responsible for obtaining a browser that satisfies NCC’s browser requirements. Client is solely responsible for obtaining Internet service to each personal computer from which Client will access the Software. Client may select Internet service via T-1 lines, DSL lines, and other sources that may become available from time to time, but the throughput of communications will depend on Client's selection of internet services, and other factors which include, but are not limited to Client’s computer equipment and Client’s dealership network system. Client acknowledges that there is certain security, corruption, transmission error, and access availability risks associated with using open networks such as the internet, and Client expressly assumes such risks. Client acknowledges it has made its own assessment of the adequacy of the internet as a delivery mechanism for use with the Software and is satisfied therewith. Training. It is recommended that the Client employ an appropriate number of people who have received the Software user training to achieve the optimum results from the Software. Client may designate a person or persons to attend NCC-provided training session(s) in the use of the Software at the NCC's training facility, or, alternatively, Client may obtain such training, at Client’s expense, at Client's site, pursuant to the terms of NCC's standard On-Site training agreement at then current fees.

Software Disclaimer. NCC does not warrant that operation of the Software shall be uninterrupted or error free except as stated abov a b o v e . The Client is solely responsible for the accuracy and integrity of its own data, reports, documentation, and security. NO WARRANTY OR ASSURANCE, EXPRESS, IMPLIED, OR STATUTORY, IS GIVEN BY NCC WITH RESPECT TO THE SOFTWARE, NCC'S SERVICES OR ANY OTHER MATTER, INCLUDING, WITHOUT LIMITATION (AND NCC SPECIFICALLY DISCLAIMS) ALL WARRANTIES OF TITLE, Configuration. Within a reasonable time after the effective date, and prior to the online date, Client will provide NCC with applicable information required in the user set up packet which NCC reasonably requires to properly configure client's Software. Access to the Software will not be provided to Client until such information is provided to NCC. Browser Access and Internet Service. The Client is responsible for obtaining a browser that satisfies NCC’s browser requirements. Client is solely responsible for obtaining Internet service to each personal computer from which Client will access the Software. Client may select Internet service via T-1 lines, DSL lines, and other sources that may become available from time to time, but the throughput of communications will depend on Client's selection of internet services, and other factors which include, but are not limited to Client’s computer equipment and Client’s dealership network system. Client acknowledges that there is certain security, corruption, transmission error, and access availability risks associated with using open networks such as the internet, and Client expressly assumes such risks. Client acknowledges it has made its own assessment of the adequacy of the internet as a delivery mechanism for use with the Software and is satisfied therewith. Training. It is recommended that the Client employ an appropriate number of people who have received the Software user training to achieve the optimum results from the Software. Client may designate a person or persons to attend NCC-provided training session(s) in the use of the Software at the NCC's training facility, or, alternatively, Client may obtain such training, at Client’s expense, at Client's site, pursuant to the terms of NCC's standard On-Site training agreement at then current fees.