Common use of DELIVERY AND WARRANTY Clause in Contracts

DELIVERY AND WARRANTY. 5.1. Axway shall provide Customer with the Licensed Component in object code form and with the Documentation. Full title to the Hardware Product passes to Customer upon Delivery. Products are delivered Free On Board (FOB) shipping point with freight and insurance prepaid. 5.2. The Use of certain Licensed Components will require a key. The key will be generated by Axway based on computer- dependent Customer information. Customer agrees to provide the necessary information as required to generate and activate the key. 5.3. Axway represents and warrants that, for a period of 90 days from Delivery (“Warranty Period”), the Product will conform to and perform in accordance with the Documentation. Unless certified by Axway, Axway does not warrant that the Product will operate in combination with other software selected by Customer, or that the Product will operate uninterrupted or free of non-material errors. Axway will modify, repair or replace the Product, at no additional charge, to correct any Defect, provided that Customer reports the Defect to Axway during the Warranty Period. In the event that Axway is unable after reasonable efforts to correct any such Defect in a Product during the Warranty Period, Customer may, in Customer’s sole discretion, terminate this Agreement in writing, discontinue use of and return such Product (along with any copies, if applicable) and then receive a full refund of the fees paid by Customer for that Product. Axway further warrants that the Product as provided by Axway will not contain any malicious code, program, or internal component (e.g., computer worm) and will have been screened using customary procedures in the industry for viruses. THE REMEDIES DESCRIBED IN THIS ARTICLE 5 SHALL BE THE SOLE AND EXCLUSIVE REMEDIES FOR DEFECTS CONTAINED IN AND FOR THE PERFORMANCE OF THE PRODUCT. 5.4. The limited warranties in Section 5.3 are conditioned upon Customer’s Use of the Product in accordance with the terms of the Documentation, and shall not apply to the extent that an error occurs because of and would not have occurred but for: (i) modifications made to the Product by a party other than Axway; (ii) Customer’s failure to implement enhancements provided by Axway; or (iii) Use of the Product in connection with any operating system, computer equipment or device which does not meet the minimum requirements set forth in the Documentation. 5.5. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS ARTICLE 5, ALL OTHER WARRANTIES ARE DISCLAIMED. AXWAY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE OR FITNESS FOR A PARTICULAR USE OR PURPOSE.

DELIVERY AND WARRANTY. 5.1. Axway shall provide Customer with the Licensed Component in object code form and with the Documentation. Full title to the Hardware Product passes to Customer upon Delivery. Products are delivered Free On Board (FOB) shipping point with freight and insurance prepaid. 5.2. The Use of certain Licensed Components will require a key. The key will be generated by Axway based on computer- dependent Customer information. Customer agrees to provide the necessary information as required to generate and activate the key. 5.3. Axway represents and warrants that, for a period of 90 ninety (90) days from Delivery (“Warranty Period”), the Product will conform to and perform in accordance with the Documentation. Unless certified by Axway, Axway does not warrant that the Product will operate in combination with other software selected by Customer, or that the Product will operate uninterrupted or free of non-material errors. Axway will modify, repair or replace the Product, at no additional charge, to correct any Defect, provided that Customer reports the Defect to Axway during the Warranty Period. In the event that Axway is unable after reasonable efforts to correct any such Defect in a Product during the Warranty Period, Customer may, in Customer’s sole discretion, terminate this Agreement in writing, discontinue use of and return such Product (along with any copies, if applicable) and then receive a full refund of the fees paid by Customer for that Product. Axway further warrants that the Product as provided by Axway will not contain any malicious code, program, or internal component (e.g., computer worm) and will have been screened using customary procedures in the industry for viruses. THE REMEDIES DESCRIBED IN THIS ARTICLE 5 SHALL BE THE SOLE AND EXCLUSIVE REMEDIES FOR DEFECTS CONTAINED IN AND FOR THE PERFORMANCE OF THE PRODUCT. 5.4. The limited warranties in Section 5.3 are conditioned upon Customer’s Use of the Product in accordance with the terms of the Documentation, and shall not apply to the extent that an error occurs because of and would not have occurred but for: (i) modifications made to the Product by a party other than Axway; (ii) Customer’s failure to implement enhancements provided by Axway; or (iii) Use of the Product in connection with any operating system, computer equipment or device which does not meet the minimum requirements set forth in the Documentation. 5.5. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS ARTICLE 5, ALL OTHER WARRANTIES ARE DISCLAIMED. AXWAY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE OR FITNESS FOR A PARTICULAR USE OR PURPOSE.

DELIVERY AND WARRANTY. 5.1. Axway shall provide Customer with the Licensed Component in object code form and with the Documentation. Full title to the Hardware Product passes to Customer upon Delivery. Products are delivered Free On Board (FOB) shipping point with freight and insurance prepaid. 5.2. The Use of certain Licensed Components will require a key. The key will be generated by Axway based on computer- dependent Customer information. Customer agrees to provide the necessary information as required to generate and activate the key. 5.3. Axway represents and warrants that, for a period of 90 days from Delivery (“Warranty Period”), the Product will conform to and perform in accordance with the Documentation. Unless certified by Axway, Axway does not warrant that the Product will operate in combination with other software selected by Customer, or that the Product will operate uninterrupted or free of non-material errors. Axway will modify, repair or replace the Product, at no additional charge, to correct any Defect, provided that Customer reports the Defect to Axway during the Warranty Period. In the event that Axway is unable after reasonable efforts to correct any such Defect in a Product during the Warranty Period, Customer may, in Customer’s sole discretion, terminate this Agreement in writing, discontinue use of and return such Product (along with any copies, if applicable) and then receive a full refund of the fees paid by Customer for that Product. Axway further warrants that the Product as provided by Axway will not contain any malicious code, program, or internal component (e.g., computer worm) and will have been screened using customary procedures in the industry for viruses. THE REMEDIES DESCRIBED IN THIS ARTICLE 5 SHALL BE THE SOLE AND EXCLUSIVE REMEDIES FOR DEFECTS CONTAINED IN AND FOR THE PERFORMANCE OF THE PRODUCT. 5.4. The limited warranties in Section 5.3 are conditioned upon Customer’s Use of the Product in accordance with the terms of the Documentation, and shall not apply to the extent that an error occurs because of and would not have occurred but for: (i) modifications made to the Product by a party other than Axway; (ii) Customer’s failure to implement enhancements provided by Axway; or (iii) Use of the Product in connection with any operating system, computer equipment or device which does not meet the minimum requirements set forth in the Documentation. 5.5. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS ARTICLE 5, ALL OTHER WARRANTIES ARE DISCLAIMED. AXWAY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE OR FITNESS FOR A PARTICULAR USE OR PURPOSE.BUT