Common use of Software Performance Clause in Contracts

Software Performance. Denim Group warrants that the Software will materially conform to the Documentation during the License Term when Used without alteration to the Source Code of the Software and in accordance with the Documentation on Authorized Hardware. The warranty set forth in this Section 4.2 shall not apply if (i) the Software is not used materially in accordance with the Documentation, or (ii) the failure to operate consistent with the Documentation is caused by Customer or a third party, an alteration of the Software, or any third-party software or database not prescribed for Use with the Software in the Documentation. Denim Group does not warrant that the Software will operate uninterrupted or that it will be free from minor defects or errors that do not materially affect such performance, or that the Software will meet all of Customer’s business requirements.

Appears in 4 contracts

Samples: Denim Group End User License and Services Agreement, Denim Group End User License and Services Agreement, Denim Group End User License and Services Agreement

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