Common use of Software/Hardware Clause in Contracts

Software/Hardware. ▇▇▇▇▇▇▇▇▇ warrants to Customer that, for a period of 120 days following delivery, the ▇▇▇▇▇▇▇▇▇ Software, when operated in compliance with the networking guidelines, hardware requirements, equipment configuration and operating environment (collectively, the "Hardware") specified by ▇▇▇▇▇▇▇▇▇, ▇▇▇▇ perform substantially in accordance with the operator and user guides and other manuals and technical information, if any, whether in hard copy or electronic format, that are delivered to Customer by ▇▇▇▇▇▇▇▇▇ for use in conjunction with the ▇▇▇▇▇▇▇▇▇ Software. This warranty shall not apply in the event the ▇▇▇▇▇▇▇▇▇ Software is modified or installed by any party other than ▇▇▇▇▇▇▇▇▇. ▇▇▇▇▇▇▇▇▇ does not warrant that the ▇▇▇▇▇▇▇▇▇ Software will be uninterrupted or error free. ▇▇▇▇▇▇▇▇▇ does not warrant that Customer may manipulate data in ▇▇▇▇▇▇▇▇▇ Software databases using software not acquired from ▇▇▇▇▇▇▇▇▇. Customer acknowledges that it is the owner of, and fully responsible for, the Hardware and that this warranty shall not apply to any defects or failures of the Hardware, regardless of whether the Hardware complies with ▇▇▇▇▇▇▇▇▇'▇ specifications. In the event of any defect or error covered by this warranty, Customer agrees to provide ▇▇▇▇▇▇▇▇▇ with sufficient detail to allow ▇▇▇▇▇▇▇▇▇ to reproduce the defect or error. As Customer's exclusive remedy for any defect or error in the ▇▇▇▇▇▇▇▇▇ Software covered by such warranty, and as ▇▇▇▇▇▇▇▇▇'▇ entire liability in contract, tort, or otherwise, ▇▇▇▇▇▇▇▇▇ will correct such error or defect at ▇▇▇▇▇▇▇▇▇'▇ facility by issuing corrected instructions, a restriction, or a bypass. If ▇▇▇▇▇▇▇▇▇ is unable to correct such defect or error after a reasonable opportunity, ▇▇▇▇▇▇▇▇▇ will refund a prorated portion of the license fees paid for such ▇▇▇▇▇▇▇▇▇ Software from the date Customer first encountered the defect or error. ▇▇▇▇▇▇▇▇▇ is not responsible for any defect or error not reported in writing during the warranty period or any defect or error in the event Customer has modified, manipulated, misused, or damaged the ▇▇▇▇▇▇▇▇▇ Software (including, without limitation, by integrating unauthorized software not provided by ▇▇▇▇▇▇▇▇▇ into the ▇▇▇▇▇▇▇▇▇ Software).

Appears in 2 contracts

Sources: Software License Agreement, Software License Agreement