LIMITED WARRANTY FOR SOFTWARE Sample Clauses

LIMITED WARRANTY FOR SOFTWARE. LIMITED WARRANTY FOR SOFTWARE ACQUIRED IN THE US AND CANADA. Licensor warrants that the Software will perform substantially in accordance with the accompanying materials for a period of ninety (90) days from the date of receipt. If an implied warranty or condition is created by Your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, You also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY (90) DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to You. Any supplements or updates to the Software, including without limitation, any (if any) web updates, service packs or hot fixes provided to You after the expiration of the ninety (90) day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory. LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Licensor, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not meet Licensor's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails its essential purpose. The terms of Section 10 below ("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You. This Limited Warranty gives You specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY. Licensor's and its suppliers' entire liability and Your exclusive remedy shall be, at Licensor's option from time to time exercised subject to applicable law, (a) return of the price paid (if any) for the Software, or (b) repair or replacement of the Software, that does not meet this Limited Warranty and that is returned to Licensor with a copy of Your receipt. You will receive the remedy elected by Licensor without charge, except that You are responsible for any expenses You may incur (e.g. cost of shipping the Software to Licensor...
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LIMITED WARRANTY FOR SOFTWARE. Subject to the terms of Section 4.6, we warrant that the Software will perform in substantial accordance with the applicable Documentation during the Subscription Period. This warranty is contingent on your use of the Software in accordance with this Agreement and the applicable Documentation. If we breach this express warranty, and you promptly inform us of such in writing, we will at our option and expense: (a) modify the affected Software to generally conform with the applicable Documentation, or (b) provide a replacement for the affected Software which generally conforms with that Documentation, or (c) refund you the portion of your license price related to the applicable Software that is attributable to the remaining Subscription Period. This will be our sole obligation, and your sole remedy, with respect to any breach of this warranty. EXCEPT FOR THE EXPRESS WARRANTY PROVIDED IN THIS SECTION, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY ADDITIONAL WARRANTIES OF ANY KIND. WE DO NOT WARRANT THAT THE SOFTWARE WILL PERFORM UNINTERRUPTED OR BE ERROR- FREE OR THAT THE SOFTWARE WILL MEET YOUR PARTICULAR REQUIREMENTS.
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LIMITED WARRANTY FOR SOFTWARE. Ivanti warrants that for a period of three-hundred sixty (360) days from Licensee’s initial purchase of a license (i.e. the invoice date) to use the Licensed Software, the Licensed Software will function substantially in conformance with the Documentation accompanying such Licensed Software when used in accordance with the accompanying Documentation. Licensee’s sole remedy for a breach of this warranty shall be that Ivanti, in its reasonable discretion, will either: (i) resolve the nonconformity, (ii) replace the Licensed Software with software of substantially the same functionality, or (iii) refund the license fees paid by licensee for the applicable Licensed Software and any associated Maintenance and Professional Services.
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LIMITED WARRANTY FOR SOFTWARE. The software not pre-installed is not covered within the Product's warranty. The warranty of the pre-installed software shall all be handled in accordance with Microsoft's End User License Agreement (XXXX). In order to strengthen product's function and quality, the company updates the relevant product information on the website, the customer can refer to it. The Company assumes no responsibility for any software subsequently installed by the customer itself and any possible consequential breakdown or damage. For any problem concerning the software, please contact the software vendor. For the software CD or floppy disk i ncluded with the Product, a three-month warranty is provided. If replacement is required for a problem (excluding abnormal use or man-made scratch), the customer shall present the software disk to the service center for replacement.
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LIMITED WARRANTY FOR SOFTWARE. Datapolis warrants that the Software will perform substantially in accordance with the accompanying materials for a period of one (1) year from the date of activation. If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (THIRTY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE THIRTY-DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you. Any supplements or updates to the Software, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the one-year Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.
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LIMITED WARRANTY FOR SOFTWARE. For a period of ninety (90) days from the date of the corresponding Order Form, LANDesk warrants to Authorized User only, and not to any third party, that the LANDesk Programs shall function without Error. In the event that LANDesk receives notice of an Error within such ninety (90) day period, LANDesk shall make commercially reasonable efforts to correct such Error. In the event that LANDesk is unable to correct such Error, then the Authorized User’s Purchase Order shall be immediately terminated, Authorized User shall uninstall and return each copy of the LANDesk Programs to LANDesk, and LANDesk's entire liability, and Authorized User's exclusive remedy, shall be to refund the fees received by LANDesk for the LANDesk Programs and accept their return.
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LIMITED WARRANTY FOR SOFTWARE. During the Software Warranty Period, Gigamon will use reasonable efforts to provide the Customer a correction or workaround for any Defects in the Software provided that: (a) the Defect occurs when the Software is used within normal operating conditions and as permitted in the Gigamon Terms and subject to the other limitations therein and herein; (b) the Customer notifies Technical Support of the suspected Defect during the Software Warranty Period; (c) Technical Support reproduces and validates the Defect; and (d) the Customer complies with this Limited Warranty. If Gigamon determines that it is not commercially practical to repair or replace the Software with a confirmed Defect, it will refund the purchase price received by Gigamon for such Software. This limited warranty is Gigamon’s sole liability and Customer’s sole and exclusive remedy for any failure of the Product to operate in accordance with the Specifications. Additional Information Technical Support Contact Information: For contact details, please visit xxxx://xxx.xxxxxxx.xxx/support/support-and- services/contact-support.html. This Limited Warranty is non-transferable and only covers Defects. Further, this Limited Warranty is invalid if the factory-applied serial number has been altered or removed from the Product. Gigamon may require Customer to provide proof of purchase by Customer and the applicable shipment date.
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Related to LIMITED WARRANTY FOR SOFTWARE

  • Software Warranty We warrant that the Tyler Software will perform without Defects during the term of this Agreement. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the maintenance and support process set forth in Section C(9), below, the SLA and our then current Support Call Process.

  • Limited Warranty If Customer obtained the Software directly from TIBCO, then TIBCO warrants that for a period of thirty (30) days from the Purchase Date: (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current release.

  • Service Warranty Provider has carefully examined and analyzed the provisions of this Agreement, including but not limited to all exhibits attached and incorporated into it, and can and will perform, or cause, the Services to be performed in strict accordance with the provisions and requirements of the Agreement. Services will be performed in a timely, professional and workmanlike manner in accordance with all applicable industry and professional standards.

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