Licensed Software Warranty. WellSky warrants that the Licensed Software shall, without material error, perform the functions set forth in the Documentation when operated on the Designated Platform in accordance with this Agreement and the Order Form during the Warranty Period.
Licensed Software Warranty. Licensor warrants that the Licensed Software will perform in all material respects during the License Term in accordance with the applicable user, administrative, and technical electronic guides. Notwithstanding the foregoing, this warranty shall not apply and Licensor will incur no liability whatsoever if there is or has been (a) the use of any non-current version (or the most recent previous version) of the Licensed Software, (b) the combination of the Licensed Software with any other software not recommended, provided or authorized by Licensor, (c) modification of the Licensed Software, (d) any use of the Licensed Software in breach of this Agreement or (e) any failure to satisfy the conditions to receive Support under Section 3.3 (“Conditions to Receive Support”) above. If at any time during the License Term the Licensed Software fails to perform according to this warranty, Licensee shall promptly notify Licensor in writing of such alleged nonconformance, and Licensor shall provide bug fixes and other Support, but only so long as the alleged nonconformance is not caused by an act of Licensee or any third party not under the control of or authorized by Licensor. After the bug fixes and Support have been provided, if any such non-performance materially impairs the ability of Licensee to utilize the Licensed Software, Licensee shall have the right, on thirty (30) days’ notice, to terminate the license and this Agreement (with a credit for License, Maintenance and Support Fees paid with respect to the period in which utilization was materially impaired).
Licensed Software Warranty. Iron Mountain warrants that for a period of ninety (90) days following the date of delivery of Licensed Software to Customer, the applicable Licensed Software, under normal use, shall perform substantially in accordance with the Documentation. To the extent not otherwise covered by a support and maintenance agreement for such Licensed Software, Customer’s exclusive remedy and Iron Mountain’s sole liability will be for Iron Mountain to use reasonable efforts to correct promptly any documents, reproducible errors and defects to make such Licensed Software operate as warranted. Customer shall make any claim that the Licensed Software fails to comply with any implied warranties arising under applicable law within one (1) year following delivery of the Licensed Software. Customer’s exclusive remedy and Iron Mountain’s sole liability for any breach of an implied warranty will be for Iron Mountain to use reasonable efforts to correct promptly any documents, errors and defects to make the Licensed Software operate in conformance with such implied warranties. If Suppliers of third party software provide their own warranties, Iron Mountain shall provide such warranty statements to Customer, if available.
Licensed Software Warranty. Contractor hereby warrants and represents that, commencing on the date of the JBE’s acceptance, final cutover or first productive use of the Licensed Software, whichever is latest, and thereafter, that (a) the Licensed Software, as installed and configured on the JBE’s systems, will perform in accordance with and conform to the applicable Specifications in all material respects, and (b) the Licensed Software will be appropriately adapted, as and to the extent necessary, to operate effectively using the JBE’s existing software program(s) as installed as of the effective date of the Participation Agreement.
Licensed Software Warranty. Iron Mountain warrants to Customer that for a period of ninety (90) days from the earlier of: (i) Shipment Date; or (ii) from commencement of provision of Service (“Warranty Period”), the Software and Service will perform in all material respects with the technical specifications provided by Iron Mountain or its Supplier where the Software and Services are loaded onto or used in connection with suitably configured equipment and set up to process data in accordance with such technical specifications (“Limited Warranty”). Iron Mountain does not warrant that the Software and/or Service will be error-free in all circumstances. Customer will provide prompt written notice of any non- conformity. Customer’s exclusive remedy and Iron Mountain’s sole obligation with respect to a breach of this Limited Warranty will be for Iron Mountain or its Suppliers to use commercially reasonable efforts to repair or replace such Software and/or Service so as to make such Software and/or Service substantially conforming to the technical specifications. Iron Mountain will have no obligation with respect to any failure of the Software and/or Service to perform as warranted under this Section 5.1 if such failure results from Customer’s: (a) improper use; or (b) unauthorized changes, repairs, or modifications to the Software and/or Service.
Licensed Software Warranty. Exchange warrants to VAR (and not to any End User or Strategy Affiliate) that, during the first ninety (90) days following the delivery (in respect of the Developer Licenses, the Service Bureau License, and each Sublicense granted under the Reseller Licenses) of the Licensed Software (the "Warranty Period"), the Licensed Software will conform in all material respects to the specifications contained in the Documentation. Exchange's sole responsibility under this warranty shall be to correct or replace that portion of the Licensed Software which fails to conform to said warranty; provided, that VAR has reported in writing to Exchange any defect or error claimed to be a breach of warranty within the Warranty Period. If Exchange is unable to correct or replace the nonconforming Licensed Software within thirty (30) days of written notification to Exchange during the 90-day warranty period, Exchange shall reimburse VAR for the amount of license fees paid for the nonconforming Licensed Software, and the license for that nonconforming Licensed Software shall be immediately terminated.
Licensed Software Warranty. Contractor hereby warrants and represents that, commencing on the date of the JCC’s acceptance, final cutover or first productive use of the Licensed Software, whichever is latest, and for a period of one (1) year thereafter, that (i) the Licensed Software, as installed and configured on the JBE’s systems, will perform in accordance with and conform to the applicable Specifications in all material respects, and (ii) the Licensed Software will be appropriately adapted, as and to the extent necessary, to operate effectively using the JBE’s existing environment as installed as of the Effective Date hereof.
Licensed Software Warranty. Contractor hereby warrants and represents that:
Licensed Software Warranty. For any Software licensed pursuant to Section 2.6 above, Iron Mountain warrants that for a period of ninety (90) days following the date of delivery of Licensed Software to Customer, the applicable Licensed Software, under normal use, shall perform substantially in accordance with the Documentation. To the extent not otherwise covered by a support and maintenance agreement for such Licensed Software, Customer’s exclusive remedy and Iron Mountain’s sole liability will be for Iron Mountain to use reasonable efforts to correct promptly any documents, reproducible errors and defects to make such Licensed Software operate as warranted. If Suppliers of third party software provide their own warranties, Iron Mountain shall provide such warranty statements to Customer, if available.
Licensed Software Warranty. Mediware represents and warrants to Customer that (a) the Licensed Software has received 510(k) clearance from the Food and Drug Administration (FDA) as blood establishment computer software; and (b) for a period of six (6) months following the date hereof, the Licensed Software will perform the functions set forth in the FDA Clearance in all material respects.
