Condition of the Software Clause Samples
The "Condition of the Software" clause defines the required state and quality of the software at the time it is delivered to the customer. Typically, this clause specifies that the software must be free from defects, function as described in documentation, and meet any agreed-upon specifications or standards. For example, it may require that the software is compatible with certain operating systems or passes acceptance testing. The core purpose of this clause is to ensure that the customer receives software that is usable, reliable, and fit for its intended purpose, thereby reducing the risk of disputes over software quality.
Condition of the Software. Subject to Primus' warranties under Section ------------------------- 10.3, Distributor shall ensure that it meets its obligations under the Software License Agreement to replace any defective media on which the Software is stored.
Condition of the Software a) Intertrak acknowledges that, based on Dirc▇'▇ ▇▇▇olvement with the Software prior to and after November 22, 1995, it is fully aware of the right of Group 1 to develop the Software, Documentation and the Trademark, as well as the development and operating condition of the Software. Intertrak, accordingly, consummates the transactions set out in this Agreement taking the Software, Documentation and Trademark on an AS IS and WHERE IS basis as of September 2, 1997, and relying on no representations, warranties, covenants, agreements or assurances from Group 1 in any of these regards except those expressly set out in this Agreement.
b) Group 1 represents and warrants to Intertrak that, to the best knowledge of its officers after due inquiry, Group 1 has not received any notice of any violations of, and is not violating, the rights of others in any trademark, trade name, service mark, ▇▇pyright, patent, license, trade secret, know-how (application thereto, as applicable) or other intangible asset arising out of its development, marketing, licensing or sale of the Software, Documentation or Trademark.
c) Group 1 agrees that the rights granted by Group 1 to Intertrak herein include Intertrak's right, without interference of Group 1, to use the whole of the Software, any part of parts thereof, or none of the work, as Intertrak sees fit; to alter the Software, add to it, combine it with any other work or works, at its sole discretion.
Condition of the Software. 1) The documentation is determinative for the agreed-on condition. Proper use may be deduced from the functional description/product description. No guarantee of condition is accepted.
2) The Licensor draws attention to the fact that with the current state of the art technology it is not possible to create computer software that runs without errors in all applications and combinations. The licensor therefore guarantees only that the Software substantially fulfills the main functions and corresponds to the state of the art.
3) The installation instructions printed in the documentation are solely definitive for the installation of the Software. It is the responsibility of the Licensee to provide the requirements (hardware and other software) for a proper installation.
Condition of the Software. The Software is being provided to Client on an “as is” basis without warranty of any kind.
Condition of the Software. The Software is being sold to the Buyer as is. However, the Seller will make Buyer aware of any known defect lists or issues that materially affect the operation or use of the Software. From time to time, as the Buyer reviews the software transferred, the Buyer may find code, batch files, executables or associated information needed for the compilation or operation of the Software. The Seller will in good faith try to find and transfer these assets to Buyer or assist Buyer in replacing these items, within reason.