Common use of Software Representations and Warranties Clause in Contracts

Software Representations and Warranties. HGC represents and warrants that: (i) it has the right, power and authority to grant the Software licence to Client pursuant to this Agreement free of all liens, encumbrances and other restrictions; (ii) the Software shall operate and run in accordance with the Service Specifications indicated in the applicable Service Order Form; (iii) to the reasonable knowledge of HGC, the licence furnished by HGC hereunder and/or the use of the Software by Client in accordance with the terms and conditions herein or in any Service Order Form, will not infringe upon nor violate any patent, copyright, trade secret, or other proprietary right of any third party; and (iv) Client’s use and possession of the Software consistent with the terms of this Agreement, shall not be adversely affected, interrupted or disturbed by HGC or any entity asserting a claim under or through HGC.

Appears in 2 contracts

Sources: Managed Services Agreement, Cloud Services Agreement