Common use of Software Warranties Clause in Contracts

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.