Limited Warranty Software Sample Clauses

Limited Warranty Software. Global Velocity warrants that Global Velocity Software Product (including the software portion of appliances) will substantially conform to Global Velocity’s then current Specifications for the Software, provided the Software is properly installed on approved hardware and operated as contemplated in its Documentation. Global Velocity’s sole obligation under this limited warranty shall be to repair or replace the non-­‐conforming Software with software that substantially conforms to Global Velocity’s Specifications. Global Velocity reserves the right to refund to You the amount paid for the Software as its sole and exclusive remedy. This limited warranty is for a period of ninety (90) days from the date the Product was shipped or otherwise transferred to You, whichever is later.
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Limited Warranty Software. Nasuni warrants that the Software will operate substantially in accordance with its Documentation during the Subscription Term. Nasuni further warrants that it will use commercially reasonable efforts to ensure that the Software, at the time of delivery, does not contain any spyware, malware, time bomb, virus, worm, Trojan horse or any other harmful or malicious code. If Xxxxxx fails to meet this warranty, Xxxxxx’s sole obligation and your exclusive remedy will be for Nasuni to use reasonable efforts to cause the Software to conform to this warranty You agree to reasonably assist Xxxxxx in identifying, reproducing and correcting the non-conformity. Nasuni has no obligation for any failure arising out of or relating to (i) your use of the Software other than as specified in the Documentation, (ii) your use or combination of the Software with any software, hardware or service not supported by Xxxxxx, (iii) causes external to the Software, such as problems with the hardware, network or infrastructure with which the Software is used, (iv) any unauthorized or improper use of the Software, or (iv) any modification of the Software by anyone other than Nasuni. Additionally, if Nasuni materially breaches this warranty, and does not cure such breach within Thirty (30) days, then you may terminate the Agreement and receive a pro-rata refund of any pre-paid, as yet unused, fees for the Software, as of the Effective Date of Termination.
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Limited Warranty Software. Digium warrants that the Software will substantially conform to Digium's specifications as set forth in the applicable documentation, at and from the date of original retail purchase of the Software for a period of ninety days provided that the Software is properly installed and used as contemplated in its documentation. Digium's sole obligation and your sole remedy for a breach of the foregoing warranty shall be to replace the non-conforming Software with software substantially conforming to Digium's specifications or to refund fees as described below. Digium further warrants that the media on which Digium delivers the Software will be free of physical defects for a period of ninety days or will be replaced by Digium. Except as otherwise agreed by Digium in writing, the replacement Software is subject to the terms and conditions of this Agreement. If Digium determines in its sole discretion that a material non-conformance cannot be corrected, or that it is not practical to replace the nonconforming Software, the price paid by the original licensee for the Software will be refunded by Digium to you and the license grant automatically terminated, in which case you will promptly return to Digium or destroy the Software and any copies in your possession.
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Limited Warranty Software 
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Related to Limited Warranty Software

  • Limited Software Warranty MyECheck represents, warrants, and covenants that: MyECheck warrants to the original end user (“Customer”), and not to subsequent end users, of the Extreme Networks software product (“Software”) that for ninety (90) days from the date of installation of the Software from MyECheck, the Software shall substantially conform with the specification for the Software at the (“Documentation”). MyECheck does not warrant (i) that the Software is error free, (ii) that Customer will be able to operate the Software without problems or interruptions or (iii) that the Software will be free of vulnerability to intrusion or attack. Except for the limited warranty set forth in this section, the Software is provided “AS IS.”

  • 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.

  • Hardware Warranty A. RISK OF LOSS If you purchase any of the hardware Products directly from us, risk of loss or damage to hardware, will pass to you and acceptance will occur upon delivery to your “ship to” address or, if special shipping arrangements are agreed to, upon delivery to your carrier or designee. Title to hardware Products will pass from HPE to you upon full payment for or delivery of the Products, whichever is later. You agree to properly insure the Products for the benefit of HPE between the time risk of loss and damage pass and the time title passes.

  • Software Warranties In addition to, and without limiting the warranties set forth in Section 5 (Warranties) herein, Seller represents and warrants that: (a) all Software shall conform in all respects to all applicable documentation; and

  • 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.

  • Customer Warranty Customer’s and its End Users’ use of the Services must always comply with all applicable Laws and this Agreement.

  • Third Party Software 1. The Software may contain third party software that requires and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions are located at xxxx://xxx.xxxxxxxxx.xxx/thirdparty/index.html and are made a part of and incorporated by reference into this XXXX. By accepting this XXXX, You are also accepting the additional terms and conditions, if any, set forth therein.

  • Licensed Software Computer program(s) provided by Contractor in connection with the Deliverables, subject to Section 14 of this Contract.

  • Customer Warranties Customer represents and warrants that:

  • Product Warranty for Software Deliverables During the Project warranty period, defects in the materials or workmanship of the Software Deliverables specified and furnished by or through Contractor shall be repaired or replaced by Contractor at no cost or expense to the Authorized User. Contractor shall extend the Project warranty period by the cumulative period(s) of time, after notification, during which the Software Deliverables require servicing or replacement (down time) or is in the possession of the Contractor, its agents, officers, Subcontractors, distributors, resellers or employees . The Commissioner agrees that Contractor is not responsible for any modification of the Software Deliverables made by an Authorized User without Contractor’s approval.

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