Common use of Warranty Limitations Clause in Contracts

Warranty Limitations. 10.1 The Software when used as permitted under this Agreement and in accordance with the instructions in the Documentation (including use on a computer hardware and operating system platform supported by MSC) will conform substantially to its associated Documentation. For Software used under a Paid-up License the warranty period shall be limited to twelve (12) months from the delivery date. Any claim by Customer of a defect must be made in writing. The Software, the Documentation, Maintenance and other Services provided under this Agreement serve as a tool to support the development of customer products. Customer has to review the results, obtained by using the software, on his own account due to his professional and technical expertise. 10.2 Guarantees shall be binding on MSC only if designated as such in an offer or Order Schedule also specifying in detail MSC’s obligations arising from such guarantee. 10.3 Customer's exclusive remedy, and MSC's sole liability, for Software that does not meet the requirements set forth in Section 10.1 will be, at MSC's option: (i) to correct the defective Software within a reasonable time; (ii) to replace the defective Software with another MSC software offering of substantially similar functionality; or (iii) if (i) or (ii) fail, permit Customer to (in case of a Lease License) terminate or (in case of a Paid-up License) rescind the license as to the defective Software. In case of termination or rescission, associated, unused Maintenance fees actually paid to MSC will be refunded. MSC will have no responsibility or obligation with respect to: (a) any Software that has been modified by anyone other than MSC or its agents, or (b) failure of the Software caused by Customer or its agents through accident, abuse or misapplication. MSC may refuse to correct or replace the defective Software if the defect is immaterial. In such cases, any right to withdraw from the Agreement and any claim for compensation of expenses after remedy of the defective Software by Customer itself shall be excluded. 10.4 Customer's claims for defective Software are excluded if Customer does not give written notification of defects at the latest within one week of delivery of the Software, and upon delivery non-recognizable defects at the latest within one week of their discovery. In case of a Lease License, MSC is not responsible for initial defects of the software under the liability regardless of negligence or fault, pursuant to § 536a paragraph 1 BGB. 10.5 The rights of Customer under Section 10.3 shall not exist in the case of non-reproducible defects or defects caused by the use of the Software in excess of the rights granted by means of this Agreement or in derogation of the instructions set out in the Documentation, especially the use of the Software on a platform not supported

Warranty Limitations. 10.1 The Software when used as permitted under this Agreement and in accordance with the instructions in the Documentation (including use on a computer hardware and operating system platform supported by MSC) will conform substantially to its associated Documentation. For Software used under a Paid-up License the warranty period shall be limited to twelve (12) months from the delivery date. Any claim by Customer of a defect must be made in writing. The Software, the Documentation, Maintenance and other Services provided under this Agreement serve as a tool to support the development of customer products. Customer has to review the results, obtained by using the software, on his own account due to his professional and technical expertise. 10.2 Guarantees shall be binding on MSC only if designated as such in an offer or Order Schedule also specifying in detail MSC’s obligations arising from such guarantee. 10.3 Customer's exclusive remedy, and MSC's sole liability, for Software that does not meet the requirements set forth in Section 10.1 will be, at MSC's option: (i) to correct the defective Software within a reasonable time; (ii) to replace the defective Software with another MSC software offering of substantially similar functionality; or (iii) if (i) or (ii) fail, permit Customer to (in case of a Lease License) terminate or (in case of a Paid-up License) rescind the license as to the defective Software. In case of termination or rescission, associated, unused Maintenance fees actually paid to MSC will be refunded. MSC will have no responsibility or obligation with respect to: (a) any Software that has been modified by anyone other than MSC or its agents, or (b) failure of the Software caused by Customer or its agents through accident, abuse or misapplication. MSC may refuse to correct or replace the defective Software if the defect is immaterial. In such cases, any right to withdraw from the Agreement and any claim for compensation of expenses after remedy of the defective Software by Customer itself shall be excluded. 10.4 Customer's claims for defective Software are excluded if Customer does not give written notification of defects at the latest within one week of delivery of the Software, and upon delivery non-recognizable defects at the latest within one week of their discovery. In case of a Lease License, MSC is not responsible for initial defects of the software Software under the liability regardless of negligence or fault, pursuant to § 536a paragraph 1 BGB. 10.5 The rights of Customer under Section 10.3 shall not exist in the case of non-reproducible defects or defects caused by the use of the Software in excess of the rights granted by means of this Agreement or in derogation of the instructions set out in the Documentation, especially the use of the Software on a platform not supported.

Warranty Limitations. 10.1 The MSC warrants that the Software when used as permitted under this Agreement and in accordance with the instructions in the Documentation (including use on a computer hardware and operating system platform supported by MSC) will conform substantially to its associated Documentation. For Software used under Documentation for a Paid-up License the warranty period shall be limited to twelve of ninety (1290) months days from the delivery datedate on which the Software is delivered to the Customer by MSC. Any claim by Customer of a defect breach of this warranty must be made in writingwriting and within ninety (90) days of the delivery date. The Software, the Documentation, Maintenance and other Services provided under this Agreement serve as a tool to support the development of customer products. Customer has to review the results, obtained by using the software, on his own account due to his professional and technical expertise. 10.2 Guarantees shall Except as expressly stated in Section 10.1 of this Agreement and to the extent not prohibited by applicable law, neither MSC nor any supplier of MSC make any warranties of any kind, with respect to the Software, Documentation or Maintenance provided under this Agreement. MSC further expressly disclaims the warranties of satisfactory quality, fitness for a particular purpose and non-infringement. MSC makes no warranty that the operation of the Software will be binding on MSC only if designated as such in an offer uninterrupted or Order Schedule also specifying in detail MSC’s obligations arising from such guaranteeerror free. 10.3 Customer's exclusive remedy, and MSC's sole liability, for Software that does not meet the requirements warranty set forth in Section 10.1 will be, at MSC's option: (i) to correct the defective non-conforming Software within a reasonable timetime so that it conforms to the warranty; (ii) to replace the defective non-conforming Software with another MSC software offering of substantially similar functionality; or (iii) if neither (i) or (ii) failis commercially feasible, permit Customer to (in case of a Lease License) terminate or (in case of a Paid-up License) rescind the license as to the defective Software. In case non-conforming Software and to receive a refund of termination or rescission, the license fees and associated, unused Maintenance fees actually paid to MSC will be refundedfor the non-conforming Software. MSC will have no responsibility or obligation under the foregoing warranty or otherwise with respect to: (a) any Software that has been modified by anyone other than MSC or its agentsMSC, or (b) failure of the Software caused by Customer or its agents through accident, abuse or misapplication. MSC may refuse to correct or replace the defective Software if the defect is immaterial. In such cases, any right to withdraw from the Agreement and any claim for compensation of expenses after remedy of the defective Software by Customer itself shall be excluded. 10.4 Customer's claims for defective Software are excluded if Customer does not give written notification of defects at the latest within one week of delivery of the Software, and upon delivery non-recognizable defects at the latest within one week of their discovery. In case of a Lease License, MSC is not responsible for initial defects of the software under the liability regardless of negligence or fault, pursuant to § 536a paragraph 1 BGB. 10.5 The rights of Customer under Section 10.3 shall not exist in the case of non-reproducible defects or defects caused by the use of the Software in excess of the rights granted by means of this Agreement or in derogation of the instructions set out in the Documentation, especially the use of the Software on a platform not supported.

Warranty Limitations. 10.1 The Software when used as permitted under this Agreement and in accordance with the instructions in the Documentation (including use on a computer hardware and operating system platform supported by MSC) will conform substantially to its associated Documentation. For Software used under a Paid-up License the warranty period shall be limited to twelve (12) months from the delivery date. Any claim by Customer of a defect must be made in writing. The Software, the Documentation, Maintenance and other Services the Support provided under this Agreement serve as a tool to support the development of customer products. Customer has to review the results, obtained by using the software, on his own account due to his professional and technical expertise. 10.2 Guarantees shall be binding on MSC only if designated as such in an offer or Order Schedule also specifying in detail MSC’s obligations arising from such guarantee. 10.3 Customer's exclusive remedy, and MSC's sole liability, for Software that does not meet the requirements set forth in Section 10.1 will be, at MSC's option: (i) to correct the defective Software within a reasonable time; (ii) to replace the defective Software with another MSC software offering of substantially similar functionality; or (iii) if (i) or (ii) fail, permit Customer to (in case of a Lease License) terminate or (in case of a Paid-up License) rescind the license as to the defective Software. In case of termination or rescission, associated, unused Maintenance Support fees actually paid to MSC will be refunded. MSC will have no responsibility or obligation with respect to: (a) any Software that has been modified by anyone other than MSC or its agents, or (b) failure of the Software caused by Customer or its agents through accident, abuse or misapplication. MSC may refuse to correct or replace the defective Software if the defect is immaterial. In such cases, any right to withdraw from the Agreement and any claim for compensation of expenses after remedy of the defective Software by Customer itself shall be excluded. 10.4 Customer's claims for defective Software are excluded if Customer does not give written notification of defects at the latest within one week of delivery of the Software, and upon delivery non-recognizable defects at the latest within one week of their discovery. In case of a Lease License, MSC is not responsible for initial defects of the software Software under the liability regardless of negligence or fault, pursuant to § 536a paragraph 1 BGB. 10.5 The rights of Customer under Section 10.3 shall not exist in the case of non-reproducible defects or defects caused by the use of the Software in excess of the rights granted by means of this Agreement or in derogation of the instructions set out in the Documentation, especially the use of the Software on a platform not supportedsupported by MSC, the use of the Software in connection with data and programs not supplied by MSC, or created through the inadmissible modification of the Software by Customer.

Warranty Limitations. 10.1 The Software when used as permitted under this Agreement and in accordance with the instructions in the Documentation (including use on a computer hardware and operating system platform supported by MSC) will conform substantially to its associated Documentation. For Software used under a Paid-up License the warranty period shall be limited to twelve (12) months from the delivery date. Any claim by Customer of a defect must be made in writing. The Software, the Documentation, Maintenance and other Services the Support provided under this Agreement serve as a tool to support the development of customer products. Customer has to review the results, obtained by using the software, on his own account due to his professional and technical expertise. 10.2 Guarantees shall be binding on MSC only if designated as such in an offer or Order Schedule also specifying in detail MSC’s obligations arising from such guarantee. 10.3 Customer's exclusive remedy, and MSC's sole liability, for Software that does not meet the requirements set forth in Section 10.1 will be, at MSC's option: (i) to correct the defective Software within a reasonable time; (ii) to replace the defective Software with another MSC software offering of substantially similar functionality; or (iii) if (i) or (ii) fail, permit Customer to (in case of a Lease License) terminate or (in case of a Paid-up License) rescind the license as to the defective Software. In case of termination or rescission, associated, unused Maintenance Support fees actually paid to MSC will be refunded. MSC will have no responsibility or obligation with respect to: (a) any Software that has been modified by anyone other than MSC or its agents, or (b) failure of the Software caused by Customer or its agents through accident, abuse or misapplication. MSC may refuse to correct or replace the defective Software if the defect is immaterial. In such cases, any right to withdraw from the Agreement and any claim for compensation of expenses after remedy of the defective Software by Customer itself shall be excluded10 AANSPRAKEN BIJ GEBREKEN; UITSLUITINGEN. 10.4 Customer's claims for defective Software are excluded if Customer does not give written notification of defects at the latest within one week of delivery of the 10.1 De software wordt bij contractconform gebruik en gebruik en in overeenstemming met de instructies in de documentatie (met inbegrip van het gebruik op een door MSC ondersteund platform met door MSC ondersteunde hardware) zal in hoofdlijnen overeenkomen met de hier bijbehorende documentatie. De verjaringstermijn voor aanspraken op grond van gebreken voor een in het kader van een vooraf betaalde licentie gebruikte software is beperkt tot twaalf (12) maanden vanaf de leveringsdatum. Het geldend maken van aanspraken van de klant op grond van gebreken moet schriftelijk geschieden. De Software, and upon delivery nondocumentatie, ondersteuning en elke andere vorm van dienst welke onder deze overeenkomst wordt verleend, wordt gezien als een hulpmiddel om de ontwikkeling van de producten van de klant te ondersteunen. De klant heeft de verantwoordelijkheid de resultaten die zijn verkregen door het gebruik van deze software te testen op basis van zijn professionele en technische expertise. 10.2 Garanties zijn slechts dan bindend voor MSC, indien deze in een offerte of order schema als zodanig worden aangegeven en daar ook de verplichtingen van MSC op grond van de garantie in detail zijn vastgelegd. 10.3 De rechtsmiddelen waarover de klant exclusief kan beschikken en de enige aansprakelijkheidsverplichting van MSC met betrekking tot de software, die niet overeenkomt met de eisen uit paragraaf 10.1, is erin gelegen dat naar keuze van MSC (i) de gebrekkige software binnen een redelijke termijn wordt gecorrigeerd; (ii) de gebrekkige software door een ander software-recognizable defects at the latest within one week aanbod van MSC met een in hoofdzaak vergelijkbare functionaliteit wordt vervangen; of their discovery(iii), indien (i) en (ii) niet kunnen worden omgezet, de klant met betrekking tot de gebrekkige software (bij een tijdelijke licentie) de licentie kan opzeggen of (bij een vooraf betaalde licentie van de licentieovereenkomst kan terugtreden. In case geval van terugtreding of a Lease License, van opzegging worden de hiermee gepaard gaande onbenutte ondersteuningskosten gerestitueerd. MSC is not responsible for initial defects heeft geen verantwoordelijkheid of the software under the liability regardless of negligence or fault, pursuant to § 536a paragraph 1 BGB. 10.5 The rights of Customer under Section 10.3 shall not exist in the case of non-reproducible defects or defects caused by the use of the Software in excess of the rights granted by means of this Agreement or in derogation of the instructions set out in the Documentation, especially the use of the Software on a platform not supportedverplichting met

Warranty Limitations. 10.1 The Software when used as permitted under this Agreement and in accordance with the instructions in the Documentation (including use on a computer hardware and operating system platform supported by MSC) will conform substantially to its associated Documentation. For Software used under a Paid-up License the warranty period shall be limited to twelve (12) months from the delivery date. Any claim by Customer of a defect must be made in writing. The Software, the Documentation, Maintenance and other Services provided under this Agreement serve as a tool to support the development of customer products. Customer has to review the results, obtained by using the software, on his own account due to his professional and technical expertise. 10.2 Guarantees shall be binding on MSC only if designated as such in an offer or Order Schedule also specifying in detail MSC’s obligations arising from such guarantee. 10.3 Customer's exclusive remedy, and MSC's sole liability, for Software that does not meet the requirements set forth in Section 10.1 will be, at MSC's option: (i) to correct the defective Software within a reasonable time; (ii) to replace the defective Software with another MSC software offering of substantially similar functionality; or (iii) if (i) or (ii) fail, permit Customer to (in case of a Lease License) terminate or (in case of a Paid-up License) rescind the license as to the defective Software. In case of termination or rescission, associated, unused Maintenance fees actually paid to MSC will be refunded. MSC will have no responsibility or obligation with respect to: (a) any Software that has been modified by anyone other than MSC or its agents, or (b) failure of the Software caused by Customer or its agents through accident, abuse or misapplication. MSC may refuse to correct or replace the defective Software if the defect is immaterial. In such cases, any right to withdraw from the Agreement and any claim for compensation of expenses after remedy of the defective Software by Customer itself shall be excluded. 10.4 Customer's claims for defective Software are excluded if Customer does not give written notification of defects at the latest within one week of delivery of the Software, and upon delivery non-recognizable defects at the latest within one week of their discovery. In case of a Lease License, MSC is not responsible for initial defects of the software under the liability regardless of negligence or fault, pursuant to § 536a paragraph 1 BGB. 10.5 The rights of Customer under Section 10.3 shall not exist in the case of non-reproducible defects or defects caused by the use of the Software in excess of the rights granted by means of this Agreement or in derogation of the instructions set out in the Documentation, especially the use of the Software on a platform not supportedsupported by MSC, the use of the Software in connection with data and programs not supplied by MSC, or created

Warranty Limitations. 10.1 The Software when used as permitted under this Agreement and in accordance with the instructions in the Documentation (including use on a computer hardware and operating system platform supported by MSC) will conform substantially to its associated Documentation. For Software used under a Paid-up License the warranty period shall be limited to twelve (12) months from the delivery date. Any claim by Customer of a defect must be made in writing. The Software, the Documentation, Maintenance and other Services the Support provided under this Agreement serve as a tool to support the development of customer products. Customer has to review the results, obtained by using the software, on his own account due to his professional and technical expertise. 10.2 Guarantees shall be binding on MSC only if designated as such in an offer or Order Schedule also specifying in detail MSC’s obligations arising from such guarantee. 10.3 Customer's exclusive remedy, and MSC's sole liability, for Software that does not meet the requirements set forth in Section 10.1 will be, at MSC's option: (i) to correct the defective Software within a reasonable time; (ii) to replace the defective Software with another MSC software offering of substantially similar functionality; or (iii) if (i) or (ii) fail, permit Customer to (in case of a Lease License) terminate or (in case of a Paid-up License) rescind the license as to the defective Software10 AANSPRAKEN BIJ GEBREKEN; UITSLUITINGEN. In case of termination or rescission, associated, unused Maintenance fees actually paid to 10.1 De software wordt bij contractconform gebruik en gebruik en in overeenstemming met de instructies in de documentatie (met inbegrip van het gebruik op een door MSC will be refundedondersteund platform met door MSC ondersteunde hardware) zal in hoofdlijnen overeenkomen met de hier bijbehorende documentatie. MSC will have no responsibility or obligation with respect to: De verjaringstermijn voor aanspraken op grond van gebreken voor een in het kader van een vooraf betaalde licentie gebruikte software is beperkt tot twaalf (a12) any Software that has been modified by anyone other than MSC or its agents, or (b) failure of the Software caused by Customer or its agents through accident, abuse or misapplicationmaanden vanaf de leveringsdatum. MSC may refuse to correct or replace the defective Software if the defect is immaterialHet geldend maken van aanspraken van de klant op grond van gebreken moet schriftelijk geschieden. In such cases, any right to withdraw from the Agreement and any claim for compensation of expenses after remedy of the defective Software by Customer itself shall be excluded. 10.4 Customer's claims for defective Software are excluded if Customer does not give written notification of defects at the latest within one week of delivery of the De Software, and upon delivery non-recognizable defects at the latest within one week documentatie, ondersteuning en elke andere vorm van dienst welke onder deze overeenkomst wordt verleend, wordt gezien als een hulpmiddel om de ontwikkeling van de producten van de klant te ondersteunen. De klant heeft de verantwoordelijkheid de resultaten die zijn verkregen door het gebruik van deze software te testen op basis van zijn professionele en technische expertise. 10.2 Garanties zijn slechts dan bindend voor MSC, indien deze in een offerte of their discoveryorder schema als zodanig worden aangegeven en daar ook de verplichtingen van MSC op grond van de garantie in detail zijn vastgelegd. In case of a Lease License10.3 De rechtsmiddelen waarover de klant exclusief kan beschikken en de enige aansprakelijkheidsverplichting van MSC met betrekking tot de software, die niet overeenkomt met de eisen uit paragraaf 10.1, is erin gelegen dat naar keuze van MSC is not responsible for initial defects of the (i) de gebrekkige software under the liability regardless of negligence or fault, pursuant to § 536a paragraph 1 BGB. 10.5 The rights of Customer under Section 10.3 shall not exist in the case of non-reproducible defects or defects caused by the use of the Software in excess of the rights granted by means of this Agreement or in derogation of the instructions set out in the Documentation, especially the use of the Software on a platform not supportedbinnen een redelijke termijn wordt gecorrigeerd; (ii) de gebrekkige software door een ander

Warranty Limitations. 10.1 The MSC warrants that the Software when used as permitted under this Agreement and in accordance with the instructions in the Documentation (including use on a computer hardware and operating system platform supported by MSC) will conform substantially to its associated Documentation. For Software used under Documentation for a Paid-up License the warranty period shall be limited to twelve of ninety (1290) months days from the delivery datedate on which the Software is delivered to the Customer by MSC. Any claim by Customer of a defect breach of this warranty must be made in writingwriting and within ninety (90) days of the delivery date. The 10.2 Except as expressly stated in Section 10.1 of this Agreement and to the extent not prohibited by applicable law, neither MSC nor any supplier of MSC make any warranties of any kind, with respect to the Software, the Documentation, Documentation or Maintenance and other Services provided under this Agreement serve as Agreement. MSC further expressly disclaims the warranties of satisfactory quality, fitness for a tool to support particular purpose and non-infringement. MSC makes no warranty that the development operation of customer products. Customer has to review the results, obtained by using the software, on his own account due to his professional and technical expertise. 10.2 Guarantees shall Software will be binding on MSC only if designated as such in an offer uninterrupted or Order Schedule also specifying in detail MSC’s obligations arising from such guaranteeerror free. 10.3 Customer's exclusive remedy, and MSC's sole liability, for Software that does not meet the requirements warranty set forth in Section 10.1 will be, at MSC's option: (i) to correct the defective non-conforming Software within a reasonable timetime so that it conforms to the warranty; (ii) to replace the defective non- conforming Software with another MSC software offering of substantially similar functionality; or (iii) if neither (i) or (ii) failis commercially feasible, permit Customer to (in case of a Lease License) terminate or (in case of a Paid-up License) rescind the license as to the defective Software. In case non-conforming Software and to receive a refund of termination or rescission, the license fees and associated, unused Maintenance fees actually paid to MSC will be refundedfor the non-conforming Software. MSC will have no responsibility or obligation under the foregoing warranty or otherwise with respect to: (a) any Software that has been modified by anyone other than MSC or its agentsMSC, or (b) failure of the Software caused by Customer or its agents through accident, abuse or misapplication. MSC may refuse to correct or replace the defective Software if the defect is immaterial. In such cases, any right to withdraw from the Agreement and any claim for compensation of expenses after remedy of the defective Software by Customer itself shall be excluded. 10.4 Customer's claims for defective Software are excluded if Customer does not give written notification of defects at the latest within one week of delivery of the Software, and upon delivery non-recognizable defects at the latest within one week of their discovery. In case of a Lease License, MSC is not responsible for initial defects of the software under the liability regardless of negligence or fault, pursuant to § 536a paragraph 1 BGB. 10.5 The rights of Customer under Section 10.3 shall not exist in the case of non-reproducible defects or defects caused by the use of the Software in excess of the rights granted by means of this Agreement or in derogation of the instructions set out in the Documentation, especially the use of the Software on a platform not supported.