Warranties for Software Sample Clauses

Warranties for Software. Seller warrants that: (i) Seller has all rights necessary to grant the license to Buyer, free and clear of all liens, encumbrances and other claims; (ii) the grant of the license and use of the Software by Buyer, in accordance with the documentation provided, does not and will not infringe or violate any third party patent, trademark, copyright, trade secret or other intellectual property right and will be free from liabilities of royalties and licensing fees other than any specified on the front of this Order; and (iii) the Software will operate in accordance with, and conform to, the documentation provided, the Specifications and other requirements of the Order. Seller warrants that the source code of the Software is the subject of an escrow agreement for the benefit of Seller's licensees. If requested by Xxxxx, Seller shall provide Buyer with information related to the escrow of the source code of the Software, including the name of the escrow agent and the conditions and procedures for Buyer to access the source code. These warranties survive inspection of, acceptance of, and payment for, the Software by Buyer and are in addition to all other warranties, whether express or implied, created by law.
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Warranties for Software. The following replaces any Section for Warranties for Software in its entirety: Within the framework of the legal provisions, Service Provider guarantees that the software, when used as agreed in this Master Agreement, corresponds with the user documentation valid and made available to Customer when the Master Agreement was signed. The warranty period is twelve (12) months from the date of execution of the License Agreement. The parties agree that the warranty claim of the Customer will comprise error remediation first. Should Service Provider fail to remedy a defect or directly related defect on several occasions, the Customer may demand a reduction in price, or if significant defects are not remedied, the Customer may choose to terminate an individual Quote (product order form) concluded on the basis of the Master Agreement and/or terminate the Master Agreement. The Customer is obliged to cooperate in isolating defects. In particular, the Customer will provide Service Provider with verifiable documentation regarding the type and occurrence of deviations from the services described in the user documentation or other defects, and will explain the nature of the defect, its consequences and the circumstances under which it occurs. Service Provider shall then begin analyzing and remediating the defect or begin implementing a workaround to bypass the defect. To enable the solution of problems that are not reproducible in the system environment of Service Provider, the Customer can grant Service Provider the right of access to the system at the Customer’s discretion. If such access is not granted, or is not granted to a sufficient extent as to be able to remediate the error, the Customer shall reimburse all costs associated with the travel and accommodation of the required Service Provider employees. If the defect is attributable to circumstances for which the Customer or a third party is responsible, the Customer is obliged to remunerate Service Provider for the services provided according to the currently applicable price list of Service Provider. The warranty does not extend to defects caused by using the Software in a manner that does not adhere to the user documentation or the system requirements.
Warranties for Software. The following replaces the Section for Warranties for Software, if any: Within the framework of the legal provisions, Acoustic guarantees that the Software, when used as agreed in Agreement, corresponds with the Documentation valid and made available to the Customer when the Agreement was signed. The warranty period is twelve (12) months from the date of execution of the Order. The parties agree that the warranty claim of the Customer will comprise of error remediation first. Should Acoustic fail to remedy a material defect or directly related defect on several occasions, the Customer may demand a reasonable reduction in price, or if significant defects are not remedied, the Customer may choose to terminate an individual Quote and/or terminate the Agreement. The Customer is obliged to cooperate in isolating defects. In particular, the Customer will provide Acoustic with verifiable documentation regarding the type and occurrence of deviations from the services described in the Documentation or other defects, and will explain the nature of the defect, its consequences and the circumstances under which it occurs. Acoustic shall then begin analyzing and remediating the defect or begin implementing a workaround to bypass the defect. To enable the solution of problems that are not reproducible in the system environment of Acoustic, the Customer can grant Acoustic the right of access to the system at the Customer’s discretion. If such access is not granted, or is not granted to a sufficient extent as to be able to remediate the error, the Customer shall reimburse all costs associated with the travel and accommodation of the required Acoustic employees. If the defect is attributable to circumstances for which the Customer or a third party is responsible, the Customer is obliged to remunerate Acoustic for the services provided according to the currently applicable price list of Acoustic. The warranty does not extend to defects caused by using the Software in a manner that does not adhere to the Documentation or the system requirements.

Related to Warranties for Software

  • Supplier Warranties The Supplier represents and warrants that:

  • Warranties, etc Each Pledgor represents and warrants unto each Lender Party, as at the date of each pledge and delivery hereunder (including each pledge and delivery of Pledged Shares and each pledge and delivery of a Pledged Note) by such Pledgor to the Agent of any Collateral, as set forth in this Article.

  • Service Warranties Contractor warrants that: (i) the Services will be rendered with promptness and diligence and will be executed in a workmanlike manner, in accordance with the practices and professional standards used in well-managed operations performing services similar to the Services; and (ii) Contractor will perform the Services in the most cost-effective manner consistent with the required level of quality and performance. Contractor warrants that each Deliverable will conform to and perform in accordance with the requirements of this Agreement and all applicable specifications and documentation. For each such Deliverable, the foregoing warranty shall commence for such Deliverable upon the JBE’s acceptance of such Deliverable, and shall continue for a period of one (1) year following acceptance. In the event any Deliverable does not to conform to the foregoing warranty, Contractor shall promptly correct all nonconformities to the satisfaction of the JBE.

  • No Other Representations or Warranties; Schedules Except for the representations and warranties contained in this Article V (as modified by the Seller Schedules hereto), neither Seller nor any other Person makes any other express or implied representation or warranty with respect to Seller, its Affiliates, to the extent applicable, the Business, the Purchased Assets, the Assumed Liabilities or the transactions contemplated by this Agreement, and Seller disclaims any other representations or warranties, whether made by Seller, any Affiliate of Seller or any of their respective officers, directors, employees, agents or representatives. Except for the representations and warranties contained in Article V hereof (as modified by the Seller Schedules hereto), Seller (i) expressly disclaims and negates any representation or warranty, expressed or implied, at common law, by statute, or otherwise, relating to the condition of the Purchased Assets (including any implied or expressed warranty of merchantability or fitness for a particular purpose, or of conformity to models or samples of materials) and (ii) hereby disclaims all liability and responsibility for any representation, warranty, projection, forecast, statement, or information made, communicated, or furnished (orally or in writing) to Purchaser or its Affiliates or representatives (including any opinion, information, projection, or advice that may have been or may be provided to Purchaser by any director, officer, employee, agent, consultant, or representative of Seller or any of its Affiliates). Seller makes no representations or warranties to Purchaser regarding the probable success or profitability of the Business. The disclosure of any matter or item in any Seller Schedule shall not be deemed to constitute an acknowledgment that any such matter is required to be disclosed. The terms and conditions of this Section 5.19 shall expressly survive the Closing, not merge with the provisions of any closing documents, and shall be incorporated into the Deed.

  • Customer Warranties Customer represents and warrants that:

  • Warranties of Seller With respect to each Transaction, Seller represents and warrants to Buyer on the Trade Date for each Product that such Product complies with any Applicable Program for which the Product is specified as so complying in the Product Order, and on the Delivery Date for each Product that: (i) Seller has good and marketable title to such Product; (ii) Seller has not sold the Product or any Environmental Attribute of the Product to be transferred to Buyer to any other person or entity;

  • Warranties Disclaimer EXCEPT FOR THE EXPRESS WARRANTIES ABOVE, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARKETO AND ITS THIRD PARTY PROVIDERS DISCLAIM ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. MARKETO DOES NOT WARRANT THE RELIABILITY, TIMELINESS, SUITABILITY, OR ACCURACY OF THE SUBSCRIPTION SERVICES OR THE RESULTS CUSTOMER MAY OBTAIN BY USING THE SUBSCRIPTION SERVICES. MARKETO DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OF THE SUBSCRIPTION SERVICES OR THAT MARKETO WILL CORRECT ALL DEFECTS OR PREVENT THIRD PARTY DISRUPTIONS OR UNAUTHORIZED THIRD PARTY ACCESS. MARKETO DISCLAIMS ALL FAILURES, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET.

  • Warranties Disclaimers (a) The Licensor represents and warrants that (i) it owns and has the right to license the Marks licensed under this Agreement and (ii) the Marks do not infringe upon the rights of any third parties.

  • Manufacturer Warranties Prior to the transfer to the Interconnected Transmission Owner of title to the Transmission Owner Interconnection Facilities built by the Interconnection Customer, the Interconnection Customer shall produce documentation satisfactory to the Interconnected Transmission Owner evidencing the transfer to the Interconnected Transmission Owner of all manufacturer warranties for equipment and/or materials purchased by the Interconnection Customer for use and/or installation as part of the Transmission Owner Interconnection Facilities built by the Interconnection Customer. 7 [Reserved.]

  • Exclusion of Implied Warranties etc This Agreement expressly excludes any warranty, condition or other undertaking implied at law or by custom or otherwise arising out of any other agreement between the Parties and any representation by any Party not contained in a binding legal agreement executed by the Parties.

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