Software Warranties. The Seller warrants to the Buyer that during the Warranty Period and under normal use the media in which the Software is embedded shall be free from defects in material and workmanship. The Seller warrants to the Buyer that during the Warranty Period the Software will perform substantially in accordance with its Documentation. If, during the Warranty Period, an Error occurs (where “Error” is defined as a failure of the unmodified (except as contemplated in the Technical Specifications or the Documentation) Software to operate substantially in accordance with the Technical Specifications and the Documentation), the Seller will use commercially reasonable efforts to correct such Error, if the Buyer furnishes the Seller with the following: (i) written notice of the warranty claim, including a description of the failure to perform in accordance with the Documentation and a specific description of the operating conditions (including the specific software/hardware configuration) under which the failure occurred, and (ii) to the extent feasible, a representative sample of inputs for repeating and analyzing the failure. If the Seller is unable, after using commercially reasonable efforts, to correct the Error, the Parties shall follow the dispute resolution process set forth in Article 32. The Seller does not warrant that the Software or the Documentation (or the Buyer’s use of it) will be free from all Errors or that its use will be uninterrupted. Any remedial steps taken by the Seller shall extend the Warranty Period in accordance with Section 16.5. Except as expressly authorized by the Seller in writing, all Third-Party Software shall carry only the warranties provided by its owners. The Seller makes no warranties with respect to the Third-Party Software.
Software Warranties. AppGate warrants to Customer that Software will function materially in accordance with the Documentation for a period of thirty (30) days from commencement of the Software Term with respect thereto (the “Warranty Period”). Any failure of the Software to function materially in accordance with the Documentation during the Warranty Period for such Software shall be a “non- conformity”. In the event Customer sends written notice to AppGate during the Warranty Period notifying AppGate of any non-conformity with respect to the Software (the “Non-Conformity Notice”), AppGate will use commercially reasonable efforts to remedy such non- conformity. In the event AppGate fails to remedy such non-conformity or provide a mutually agreed work around within thirty (30) days after its receipt of the Non-Conformity Notice, either party may terminate such non-conforming Software and any Support services directly related to such non-conforming Software by providing written notice to the other party, provided, that, the terminating party exercises its right to terminate before AppGate is able to remedy such non-conformity. Notwithstanding the foregoing, Customer shall not have the right to terminate such non-conforming Software or Support services, as applicable, in the event Customer fails to provide AppGate all information reasonably requested by AppGate to resolve the non- conformity. In the event of any delay in Customer providing AppGate any such information, the thirty (30) day period for AppGate to remedy such non-conformity or provide a mutually agreed work around shall be deemed extended by the number of days of such delay. In the event of termination of a Software license or Support services, as applicable, in accordance with this Section 10.a, (i) Customer will not be liable for any “Early Termination Charge” in connection with such termination and (ii) Customer will be entitled to a refund of all pre-paid fees with respect to such terminated Software or Support service, as applicable, and relating to periods of time following such termination. With respect to a perpetual Software license, such refund shall be calculated, as depreciated, on a five (5) year straight line basis (the foregoing shall also apply in the event of a termination of a perpetual Software license (for which Customer is entitled to a refund of pre-paid fees relating to periods of time following termination) pursuant to (a) Customer’s right under the MA to terminate such perpetual Software licen...
Software Warranties. Warranties for Software delivered to an End User are between Liquidware and the End User. This section is the warranty for Software Reseller purchases under an Order for Reseller’s internal use. Liquidware warrants to Reseller for a period of 90 days after the Effective Date (the “Warranty Period”) that (i) the Software will substantially perform in accordance with the Documentation; (ii) the storage media, if any, upon which the Software is delivered is free of defects in material and workmanship under normal use; and (iii) the Software does not contain any known virus or other routine that can disable, erase or otherwise harm the Software, or Reseller’s other software or data. The above warranties specifically exclude defects resulting from: (i) modifications made to the Software by anyone other than Liquidware; (ii) Reseller’s failure to install the most recent Error Correction, Update or Upgrade; (iii) Reseller’s use of the Software in connection with any computer equipment or devices that do not meet the minimum requirements set forth in the Documentation; or (iv) Reseller’s use of the Software in a manner that is not authorized in the Agreement. Liquidware does not warrant that use of the Software will be uninterrupted or error free. The Warranty Period only applies to the initial delivery of Software to Reseller; delivery of Error Corrections, Updates and Upgrades shall not restart or have any other effect on the Warranty Period. Reseller will initiate all Software warranty claims by contacting Liquidware’s then-current support number. If Liquidware investigates a warranty claim that Liquidware reasonably determines to be caused by operator error, system configuration other than as described in the Documentation, or any other cause not covered by the warranties described in this Agreement, then Liquidware may, in its discretion, charge for Liquidware’s services at Liquidware’s then-current rates for Liquidware’s investigation of the warranty claim. Reseller’s sole and exclusive remedy and Liquidware’s sole responsibility for a breach of the warranty in this Section is to either repair or replace, at Liquidware’s option, the non-conforming Software; provided, however, that Liquidware receives a warranty claim during the Warranty Period.
Software Warranties. Symyx represents that (i) the Software and the Developer’s Kit Software (including the Sample Code) have been designed to facilitate Combinatorial Chemistry and (ii) to Symyx’ knowledge, as of the Effective Date, the Software and/or the Developer’s Kit Software or use thereof in accordance with the Software Specifications do not infringe any patents, copyrights or other intellectual property rights of any Third Party directed specifically to *, and warrants that during the Software License Term, the Software and the Developer’s Kit Software (including the Sample Code) will conform in all material respects with the Software Specifications attached hereto as Exhibit U. The Software Specifications may be changed from time to time by mutual written agreement of the Advisory Committee. Except as provided in the foregoing sentences of this Section 5.07, the Software and the Developer’s Kit Software (including the Sample Code) are provided without warranty of any kind. Symyx does not warrant that the Software or the Developer’s Kit Software (including the Sample Code) will meet ExxonMobil’s or its Majority Owned Affiliates’ requirements or that the operation of the Software or the Developer’s Kit Software (including the Sample Code) will be uninterrupted or error free or that the Software or the Developer’s Kit Software (including the Sample Code) will be compatible with other hardware or software that ExxonMobil or its Majority Owned Affiliates may elect to operate.