Common use of Hosted Service Clause in Contracts

Hosted Service. Spirent warrants that the Hosted Service, when used in accordance with the instructions in the Documentation and this Agreement, will conform to thespecifications expressly set forth in the applicable Documentation. Customer must notify Spirentas soon as practicable of a breach of the foregoing warranty, in which event, Spirent’s entire liability and Customer’s sole and exclusive remedy for such breach will be , at Spirent’s election,to either: (A) rectify the Hosted Service so that it so conforms to such warranty; or (B) provide a refund of the fees paid for the Hosted Service under the relevant Order Schedule (pro rated according to the unexpired portion of the then‐current Service Term) in which event the relevant Order Schedule and Customer’s right to access such Service will immediately terminate. Spirent will have no obligation under this Agreement to correct, and Spirent makes no warranty with respect to, errors caused by or relating to: (1) use of the Hosted Service in a manner inconsistent with the Documentation or this Agreement; or (2) third party hardware or software misuse,modification, or malfunction.

Hosted Service. Spirent warrants that the Hosted Service, when used in accordance with the instructions in the Documentation and this Agreement, will conform to thespecifications the specifications expressly set forth in the applicable Documentation. Customer must notify Spirentas Spirent as soon as practicable of a breach of the foregoing warranty, in which event, Spirent’s entire liability and Customer’s sole and exclusive remedy for such breach will be , at Spirent’s election,, to either: (A) rectify the Hosted Service so that it so conforms to such warranty; or (B) provide a refund of the fees paid for the Hosted Service under the relevant Order Schedule (pro rated according to the unexpired portion of the then‐current then-current Service Term) in which event the relevant Order Schedule and Customer’s right to access such Service will immediately terminate. Spirent will have no obligation under this Agreement to correct, and Spirent makes no warranty with respect to, errors caused by or relating to: (1) use of the Hosted Service in a manner inconsistent with the Documentation or this Agreement; or (2) third party hardware or software misuse,, modification, or malfunction.

Hosted Service. Spirent warrants that the Hosted Service, when used in accordance with the instructions in the Documentation and this Agreement, will conform to thespecifications the specifications expressly set forth in the applicable Documentation. Customer must notify Spirentas soon as practicable of a breach of the foregoing warranty, in which event, Spirent’s entire liability and Customer’s sole and exclusive remedy for such breach will be , at Spirent’s election,, to either: (A) rectify the Hosted Service so that it so conforms to such warranty; or (B) provide a refund of the fees paid for the Hosted Service under the relevant Order Schedule (pro rated according to the unexpired portion of the then‐current Service Term) in which event the relevant Order Schedule and Customer’s right to access such Service will immediately terminate. Spirent will have no obligation under this Agreement to correct, and Spirent makes no warranty with respect to, errors caused by or relating to: (1) use of the Hosted Service in a manner inconsistent with the Documentation or this Agreement; or (2) third party hardware or software misuse,, modification, or malfunction.