Software Warranty. We warrant that the Tyler Software will perform without Defects during the term of this Agreement. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the maintenance and support process set forth in Section C(9), below, the SLA and our then current Support Call Process.
Software Warranty. Seller warrants that the software will perform in accordance with the agreed functional specifications and its documentation and that the documentation will be fit for its purpose and the documentation shall accurately describe the software. Seller shall for a warranty period of one year from the delivery of the software provide NETAPP free of any charge with corrective maintenance, releases, and first-line and second-line support. Seller warrants that the software is free from any computer "virus" or other malicious program code. This shall apply to all CD’s, tapes, PC hard drives and any other form of program and file delivery whether tangible or intangible including any software delivered electronically via a telecommunications network. Seller warrants that there is no functionality designed into or otherwise included in any software to be supplied which could be harmful to or shall prevent the operation in whole or in part of the software or any computer system on which the software is intended to run. Seller shall advise NETAPP of any functionality in any program forming part of or allowing automated administration or record-keeping of the software. This applies in particular to any functionality that provides access to functions and resources (whether part of the software or not) that NETAPP may reasonably be expected to wish to use or control. This shall include, without limitation, any functionality that potentially or actually undermines or circumvents any security provisions of the software or any third party software.
Software Warranty. If Exhibit 1 includes work to develop custom software as a Deliverable, then, on delivery and for one (1) year after the date of acceptance of any Deliverable that includes custom software, the Contractor warrants that:
Software Warranty. The Software will operate in conformity with the then current standard Documentation (except for minor defects or errors not material to the core functionality of the Software under normal use and circumstances) for a period of ninety (90) days from the date of initial delivery of the Software (“Warranty Period”). If the Software does not perform in accordance with the foregoing warranty during the Warranty Period, You must tell Us so in writing and during the Warranty Period and assuming We can verify such nonconformity, We will use reasonable efforts to correct any deficiencies in the Software so that it will perform in accordance with such warranty. Your sole and exclusive remedy, and Our sole obligation in the event of nonconformity of the Software with the foregoing warranty will be the correction of the condition making it nonconforming. If We are not able correct the alleged breach of warranty, then We will refund applicable fees paid for a perpetual licence to the Software and will refund applicable fees paid for the remainder of the Term for subscription licensed Software. Your obligation is to provide all information reasonably requested to enable Us to cure the nonconformity. The above warranty specifically excludes defects resulting from accident, abuse, unauthorized repair, modifications, misapplication, or use of the Software that is otherwise materially inconsistent with the Documentation.
Software Warranty. Software Goods are provided by Seller “AS IS” with no warranty of any kind.
Software Warranty. Seller warrants that Software Materials will generally operate substantially in accordance with Seller’s current specifications for such Software Materials. In the event that Software Materials do not operate substantially in accordance with Seller’s current specifications for such Software Materials, Seller will supply a software correction free of charge, if (a) a substantiated warranty claim is made within one (1) year after acceptance; (b) Customer provides Seller with a sufficient description of the problem, and (c) the correction does not involve new Software Materials to serve a function not originally specified. The foregoing warranty shall be void if changes or additions are made to Software Materials by the Customer without Seller’s express prior approval. Failure of Customer to promptly employ any update, upgrade or revision of any Software Material which Seller supplies free of charge will void this warranty and fully release Seller from any and all liability arising out of or related to such failure. Third-party Products, including, but not limited to, Software Materials, will be warranted only to the extent that they are warranted by their respective manufacturers. All warranty claims must be made within two (2) weeks after discovery of defect or nonconformity. In no event will any warranty claim be made or honored if made after the expiration of the applicable warranty period. The limited warranties set forth in this Section: (i) are not transferable or assignable; (ii) will not apply unless the Product has been properly installed, maintained and operated in accordance with all instructions and within the limits of rated and normal operating conditions; (iii) do not apply to defects, nonconformities or other failures due to Product misuse or abuse, or other causes outside Seller’s control; and (iv) are void if the Customer provides the Seller with incomplete or misleading information. If, after a reasonable number of repeated efforts, Seller is unable to repair or replace a defective or nonconforming Product, Seller may, in its sole discretion, accept return of the Product (or Part thereof, if such does not substantially impair its value) and return the purchase price paid by the Customer for the Product or Part thereof as Customer’s entire and exclusive remedy. Under no circumstances will Seller have any liability whatsoever for loss of use or downtime, lost production, revenue or profits, or for any other indirect, special, incidental or c...
Software Warranty. We warrant that the Tyler Software will perform without Defects during the term of this Agreement. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the maintenance and support process set forth in Section C(8), below, the SLA and our then current Support Call Process or to provide you with a functional equivalent. For the avoidance of doubt, to the extent any third-party software is embedded in the Tyler Software, your limited warranty rights are limited to our Defect resolution obligations set forth above; you do not have separate rights against the developer of the embedded third-party software.
Software Warranty. THE STATE OF UTAH DOES NOT ACCEPT ANY PROCUREMENT ITEM “AS-IS”. CONTRACTOR WARRANTS FOR A PERIOD OF NINETY DAYS FROM THE DATE OF ACCEPTANCE THAT THE SOFTWARE PORTIONS OF THE GOODS AND CUSTOM DELIVERABLES THAT CONTRACTOR DIRECTLY OR INDIRECTLY PROVIDES WILL: (A) PERFORM IN ACCORDANCE WITH THE SPECIFIC CLAIMS PROVIDED IN THE RESPONSE; (B) BE SUITABLE FOR THE ORDINARY PURPOSES FOR WHICH SUCH GOODS AND CUSTOM DELIVERABLES ARE USED; (C) BE SUITABLE FOR ANY SPECIAL PURPOSES THAT THE ELIGIBLE USER HAS RELIED ON CONTRACTOR’S SKILL OR JUDGMENT TO CONSIDER WHEN IT ADVISED THE STATE ABOUT THE GOODS OR CUSTOM DELIVERABLES; (D) HAVE BEEN PROPERLY DESIGNED AND MANUFACTURED; AND (E) BE FREE OF SIGNIFICANT DEFECTS. CONTRACTOR SHALL PROVIDE THE ELIGIBLE USER WITH BUG FIXES, INCLUDING INFORMING THE ELIGIBLE USERS OF ANY KNOWN SOFTWARE BUGS OR SOFTWARE DEFECTS THAT MAY AFFECT THE STATE’S USE OF THE SOFTWARE. WARRANTY REMEDIES: Upon breach of warranty, Contractor will repair or replace (at no charge to the Eligible User) the nonconforming Goods or Custom Deliverables. If the repaired and/or replaced products are inadequate, Contractor will refund the full amount of any payments that have been made for the failed products. These remedies are in addition to any other remedies provided by law or equity.
Software Warranty. For ninety (90) days after the Effective Date (“Software Warranty Period”), LogRhythm warrants that the Software, when used in accordance with the instructions in the Documentation, shall operate as described in the Documentation in all material respects. LogRhythm does not warrant the Customer’s use of the Software will be error-free or uninterrupted. LogRhythm shall, at its own expense and as its sole obligation and Customer’s exclusive remedy for any breach of this warranty, (a) correct any reproducible error in the Software reported to LogRhythm by Customer in writing during the Software Warranty Period, or (b) if LogRhythm determines that it is unable to correct the error or replace the Software, LogRhythm shall refund to Customer all License Fees and Support Service Fees actually paid for the defective Software, in which case this Agreement and Customer’s right to use the Software shall terminate.
Software Warranty. Contractor warrants that any software furnished hereunder, or any software used by it to perform the services to be provided under this Agreement, will continue processing accurately for the term of this Agreement and any extension thereof and that the use of said software shall not cause incorrect scheduling or reporting or other improper operations or results.
