Common use of Dynatrace Products Clause in Contracts

Dynatrace Products. Dynatrace warrants that the Products will operate substantially in compliance with the applicable Documentation during the Term, provided that the Products have been properly installed and always used as described in the applicable Documentation and have not been modified or added to other than by Dynatrace. If the Product does not perform as warranted, Dynatrace will undertake, at its sole option and as Customer’s exclusive remedy for breach of this warranty, to (a) correct the non-conformance, (b) replace the Customer Hosted Software, or (c) if Dynatrace determines that it is not commercially reasonable or possible to correct a material non-conformity within a reasonable time from receipt of written notice from Customer detailing the warranty claim, the Order Form for the affected Product will be cancelled and Dynatrace will refund any unused prepaid fees for the affected Product.

Appears in 6 contracts

Samples: Subscription Agreement, Master Subscription Agreement, Master Subscription Agreement

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Dynatrace Products. Dynatrace warrants that the Products will operate substantially in compliance with the applicable Documentation during the Term, provided that the Products have been properly installed and always used as described in the applicable Documentation and have not been modified or added to other than by Dynatrace. If the Product does not perform as warranted, Dynatrace will undertake, at its sole option and as Customer’s exclusive remedy for breach of this warranty, to (ai) correct the non-conformance, (bii) replace the Customer Hosted Software, or (ciii) if Dynatrace determines that it is not commercially reasonable or possible to correct a material non-conformity within a reasonable time from receipt of written notice from Customer detailing the warranty claim, the Order Form for the affected Product will be cancelled and Dynatrace will refund any unused prepaid fees for the affected Product.

Appears in 1 contract

Samples: Master Subscription Agreement

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