Subscription Service. PROS warrants that during the Subscription Term, the Subscription Service will conform in all material respects to the functional specifications set forth in the Documentation. Customer's sole and exclusive remedy will be the deployment of a corrected version of the PROS software application that is the object of the Subscription Service, or provision of a workaround, provided however if PROS fails to provide such remedy after using commercially reasonable efforts, Customer may exercise its rights herein for breach of contract, including, but not limited to, termination pursuant to Section 10.2.
Appears in 18 contracts
Samples: Master Subscription and Professional Services Agreement, Master Subscription and Professional Services Agreement, Master Subscription and Professional Services Agreement
Subscription Service. PROS warrants that during the Subscription Term, the Subscription Service will conform in all material respects to the functional specifications set forth in the Documentation. Subject to Section 5.8, Customer's sole and exclusive remedy will be the deployment of a corrected version of the PROS software application that is the object of the Subscription Service, or provision of a workaround, provided however if PROS fails to provide such remedy after using commercially reasonable efforts, Customer may exercise its rights herein for breach of contract, including, but not limited to, termination pursuant to Section 10.2.
Appears in 4 contracts
Samples: Master Subscription and Professional Services Agreement, Master Subscription and Professional Services Agreement, Master Subscription and Professional Services Agreement
Subscription Service. PROS warrants that during the Subscription Term, the Subscription Service will conform in all material respects to the functional specifications set forth in the Documentation. CustomerIn case of non-conformity, Xxxxxxxx's sole and exclusive remedy will be the deployment of a corrected version of the PROS software application that is the object of the Subscription Service, or provision of a workaround, provided however if . If PROS fails to provide such remedy after using commercially reasonable efforts, Customer may exercise its rights herein for breach of contractherein, including, but not limited to, termination pursuant to Section 10.29.2.
Appears in 2 contracts
Samples: Master Subscription Agreement, Master Subscription Agreement
Subscription Service. PROS warrants that during the Subscription Term, the Subscription Service will conform in all material respects to the functional specifications set forth in the Documentation. Customer's sole and exclusive remedy will be the deployment of a corrected version of the PROS software application that is the object of the Subscription Service, or provision of a workaround, provided however that if PROS fails to provide such remedy after using commercially reasonable efforts, Customer may exercise its rights herein for breach of contract, including, but not limited to, termination pursuant to Section 10.2.
Appears in 1 contract
Subscription Service. PROS warrants that during the Subscription Term, the Subscription Service will conform in all material respects to the functional specifications set forth in the Documentation. Customer's sole and exclusive remedy will be the deployment of a corrected version of the PROS software application that is the object of the Subscription Service, or provision of a workaround, provided however if PROS fails to provide such remedy after using commercially reasonable efforts, Customer may exercise its rights herein for breach of contract, including, but not limited to, termination terminate the contract pursuant to Section 10.2.
Appears in 1 contract
Samples: Master Subscription and Professional Services Agreement