Common use of By Windward Clause in Contracts

By Windward. Windward warrants that, for a period of ninety (90) days from initial delivery of the Software to Licensee, the Software will, when properly installed and used in accordance with the Documentation, perform substantially in accordance with the specifications for the Software as described in the applicable Documentation. As Licensee’s exclusive remedy and Windward’s sole obligation for breach of this warranty, Windward shall use commercially reasonable efforts to correct any reproducible error in the Software constituting a breach of the warranty at no additional charge. Windward does not warrant that Licensee’s use of the Software will be error-free, virus-free or uninterrupted. Windward makes no other warranty, express or implied, with respect to any Services or Software provided by Windward under this Agreement. WINDWARD HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, CONDITIONS AND OTHER TERMS, WHETHER STATUTORY, ARISING FROM COURSE OF DEALING, OR OTHERWISE, INCLUDING WITHOUT LIMITATION TERMS AS TO QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

By Windward. Windward warrants that, for a period of ninety (90) days from initial delivery of during the Software to LicenseeTerm, the Software will, when properly installed and used in accordance with the Documentation, perform substantially in accordance with the specifications for the Software as described in the applicable Documentation. As LicenseeCompany’s exclusive remedy and WindwardXxxxxxxx’s sole obligation for breach of this warranty, Windward shall use commercially reasonable efforts to correct any reproducible error in the Software constituting a breach of the warranty at no additional charge; provided that Company has notified Windward of such error within 30 days after occurrence. Windward does not warrant that LicenseeCompany’s use of the Software will be error-free, virus-free or uninterrupted. Windward makes no other warranty, express or implied, with respect to any Services or Software provided by Windward under this Agreement. WINDWARD HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, CONDITIONS AND OTHER TERMS, WHETHER STATUTORY, ARISING FROM COURSE OF DEALING, OR OTHERWISE, INCLUDING WITHOUT LIMITATION TERMS AS TO QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

By Windward. Windward warrants that, for a period of ninety (90) days from initial delivery of the Software to Licensee, the Software will, when properly installed and used in accordance with the Documentation, perform substantially in accordance with the specifications for the Software as described in the applicable Documentation. As Licensee’s exclusive remedy and WindwardXxxxxxxx’s sole obligation for breach of this warranty, Windward shall use commercially reasonable efforts to correct any reproducible error in the Software constituting a breach of the warranty at no additional charge. Windward does not warrant that Licensee’s use of the Software will be error-free, virus-free or uninterrupted. Windward makes no other warranty, express or implied, with respect to any Services or Software provided by Windward under this Agreement. WINDWARD HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, CONDITIONS AND OTHER TERMS, WHETHER STATUTORY, ARISING FROM COURSE OF DEALING, OR OTHERWISE, INCLUDING WITHOUT LIMITATION TERMS AS TO QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.