Common use of Licensed Products and Professional Services Clause in Contracts

Licensed Products and Professional Services. Company warrants that: (a) throughout the applicable Subscription Term, each Licensed Product will substantially conform to all material operational features and performance characteristics of the accompanying Documentation supplied by Company, and (b) the Professional Services will be performed in a competent, professional and workmanlike manner in material accordance with standards common and prevalent in the industry and with the requirements contained in the applicable SOW provided that, with respect to either clause (a) or clause (b), Client must notify Company in writing of any failure to conform to the foregoing warranties within thirty (30) days after, as applicable, the material defect or error was first encountered or the applicable Professional Services were performed. The warranties in this Section 9.1 shall not apply to the extent that any failure to conform with such warranties arises or results from causes outside of Company’s reasonable control, including: (i) misuse, modification, or configuration of a Licensed Product by Client or any third party not under the direction or control of Company; or (ii) other causes within Client’s computing environment or otherwise within Client’s control or the control of third parties that are not under Company’s direction or control, including problems or issues with third-party software applications, hardware, network, or Internet connectivity.

Licensed Products and Professional Services. Company warrants that: (a) throughout the applicable Subscription Term, each Licensed Product will substantially conform to all material operational features and performance characteristics of the accompanying Documentation supplied by Company, and (b) the Professional Services will be performed in a competent, professional and workmanlike manner in material accordance with standards common and prevalent in the industry and with the requirements contained in the applicable SOW provided that, with respect to either clause (a) or clause (b), Client must notify Company in writing of any failure to conform to the foregoing warranties within thirty (30) days after, as applicable, the material defect or error was first encountered or the applicable Professional Services were performed. The warranties in this Section 9.1 shall not apply to the extent that any failure to conform with such warranties arises or results from causes outside of Company’s reasonable control, including: (i) misuse, modification, or configuration of a Licensed Product by Client or any third party not under the direction or control of Company; or (ii) other causes within Client’s computing environment or otherwise within Client’s control or the control of third parties that are not under Company’s direction or control, including problems or issues with third-party software applications, hardware, network, or Internet connectivity.