Common use of Year 2000 Warranty Clause in Contracts

Year 2000 Warranty. Siebel warrants that the Licensed Software, as provided by Siebel, is capable of correctly processing, recording, storing and presenting data containing four-digit years after December 31, 1999 in substantially the same manner and with substantially the same functionality as before January 1, 2000. Notwithstanding the generality of the foregoing Year 2000 warranty, Siebel warrants that the Programs, as provided by Siebel, are capable of correctly processing, recording, storing and presenting (i) Year 2000 dates; (ii) dates before and after January 1, 2000; (iii) four digit dates ending in 99, 00 or 01, (iv) Year 2000 as a leap year. Siebel assumes no responsibilities or obligations to cause third-party products or services, including but not limited to the Value Added Offering, to function with the Licensed Software. Siebel will not be in breach of this warranty for any failure of the Licensed Software to correctly create or process date-related data if such failure results from the inability of any software, hardware, or systems of Distributor or Customer or any other third party (including any underlying database engines, operating systems, and related drivers) either to correctly create or process date-related data or to create or process such date-related data in a manner consistent with the method in which the Licensed Software create or process date-related data. In the event of a breach of this warranty, Distributor's sole and exclusive remedy and Siebel's sole liability shall be to use its commercially reasonable efforts to correct or provide a Workaround for reproducible Errors in the Licensed Software that cause breach of this warranty, or if Siebel is unable to make the Licensed Software operate as warranted within a reasonable time considering the severity of the Error and its impact on the Distributor, Distributor shall be entitled to return the affected Licensed Software to Siebel and recover the sublicense fees paid to Siebel for such Licensed Software. If Siebel becomes aware of any breach of the Programs to comply with the foregoing 6 Year 2000 warranty, Siebel agrees to use its reasonable efforts to notify Customer in writing or by other appropriate means