Licensed Program Warranty. 3DS warrants for ninety (90) days from the initial delivery of each Licensed Program that such Licensed Program will materially conform to its Documentation when used in the specified operating environment. If the Licensed Program does not so conform, and Customer has notified 3DS within this warranty period, 3DS will use commercially reasonable efforts to make it conform as warranted. If 3DS has not corrected the non-conformity within ninety (90) days from the date of such notification, Customer may terminate the license to the non-conforming Licensed Program within thirty (30) days and receive a full refund of all fees paid for such non-conforming Licensed Program. This refund represents 3DS’s sole liability and Customer’s sole remedy for breach of this warranty.
Licensed Program Warranty. A. For any LICENSED PROGRAM that is provided by SUPPLIER to DGC and subsequently provided by DGC to CUSTOMER under an executed licensing agreement (as opposed to a LICENSED PROGRAM that is packaged with its own "break-the-seal" type of license agreement), SUPPLIER warrants to DGC and CUSTOMER that, for ninety (90) calendar days after successful installation, the LICENSED PROGRAM will operate in accordance with SUPPLIER's (or the manufacturer's) published specifications applicable thereto, and any other specifications and/or requirements set forth in the applicable PROJECT ATTACHMENT. If DGC reports a material deviation from the specifications or applicable requirements within the WARRANTY PERIOD, and SUPPLIER is unable to correct or offer an alternative acceptable to DGC within thirty (30) calendar days after receipt of the report, DGC shall have the option of returning the LICENSED PROGRAM, and receiving a refund from SUPPLIER of the full amount paid by DGC for such LICENSED PROGRAM.
B. For any LICENSED PROGRAM that is provided by SUPPLIER to DGC with its own "break-the-seal" type of license agreement with the media and documentation package, SUPPLIER shall provide warranty service directly to CUSTOMER in the manner specified in such license agreement.
C. SUPPLIER warrants all that is shall replace without charge, within ten (10) calendar days after receipt of notice, any LICENSED PROGRAM media or documentation supplied by SUPPLIER that is, or becomes, defective within ninety (90) calendar days after successful installation, provided the defect is not due to accident, abuse or misapplication after arrival at CUSTOMER. K:\WPDOC\CORP\COMPUDAW\REGISTRA\EXHIBITS\DGC.AGR 22
D. Restrictions - DGC shall not disassemble or reverse compile PROGRAM(S) unless DGC has received a license to use the related SOURCE CODE in the applicable PROGRAM ATTACHMENT. DGC shall make no use of PROGRAM(S) and/or SOURCE CODE except as permitted thereunder. DGC shall treat and protect such with the same degree of care assumed by DGC with regard to its own information and materials of a similar nature and importance, and no less than reasonable care. DGC shall not remove or alter any copyright or other proprietary notices affixed to or embedded therein, and shall include such in all copies made by DGC. DGC shall have no obligation to determine the appropriateness thereof. DGC shall not use or authorize the use of PROGRAM(S) and/or SOURCE CODE outside of the TERRITORY.
Licensed Program Warranty. 3DS warrants for ninety (90) days from the initial delivery of each Licensed Program that such Licensed Program will materially conform to its Documentation when used in the specified operating environment. If the Licensed Program does not so conform, and Customer has notified 3DS within this warranty period, 3DS will use commercially reasonable efforts to make it conform as warranted. If 3DS has not corrected the non-conformity within ninety (90) days from the date of such notification, Customer may terminate the license to the non- conforming Licensed Program within thirty (30) days and receive a full refund of all fees paid for such non-conforming Licensed Program. This
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Licensed Program Warranty. 3DS warrants that the Licensed Program will materially conform to its Documentation when used in the specified operating environment. If the Licensed Program does not conform, and Customer has notified 3DS, 3DS will repair the Licensed Program to make it conform as warranted, or refund Customer for all fees paid for the non-conforming Licensed Program. This repair or refund (as the case may be) represents 3DS’s sole liability and Customer’s sole remedy for breach of this warranty.
Licensed Program Warranty. SELLER warrants that: (i) the Licensed Program does not contain any virus, time bomb, hidden files, malicious code or any other contaminant, including, but not limited to, codes, commands or instructions that may be used to alter, delete, damage or disable the Licensed Program, other software, UTILITIES information or other UTILITIES property; (ii) the Specifications faithfully and accurately describe the Licensed Program; (iii) UTILITIES’ use of the Licensed Program will not in any way constitute an infringement or other violation of any copyright, trade secret, trademark, patent, invention, or other proprietary right of any third party; (iv) the prices for each item and the terms and conditions of this Contract are comparable to, or more favorable to UTILITIES than the comparable prices, terms and conditions that have been offered by SELLER to any of its customers; and (v) there are no actions, suits or proceedings, pending or threatened, which will have a material adverse effect on SELLER’s ability to fulfill its obligations under this Contract.
Licensed Program Warranty. The following warranty is in addition to any other warranty set forth in the agreement and shall control in case of conflict with any such other warranty that pertains to Licensed Program(s).
3.1 For each Licensed Program shipped by NEI with its own "break-the-seal" type of license, NEI shall provide warranty service directly to EMC and/or or the licensee/customer, if any, in the manner specified in such license agreement
3.2 For each Licensed Program shipped by NEI without its own "break-the-seal" type of license, NEI warrants to EMC and the customer, if any, that, the Licensed Program shall, from the date of such shipment until [**] calendar days after successful installation, operate in accordance with its user documentation, published specifications and any other requirements set forth in this Agreement.
3.3 For each Licensed Program shipped by NEI, NEI warrants to EMC and the customer if any, that the Licensed Program shall be Year 2000 Compliant.
3.4 If EMC reports a material deviation from the above warranties within the applicable warranty period, and NEI is unable to correct or offer an alternative acceptable to EMC or the customer, if any, within [**] calendar days after receipt of the report, EMC shall [**].
3.5 NEI warrants that it shall replace [**], within [**] calendar days after receipt of notice, any Licensed Program media or documentation shipped by NEI that is or becomes defective within [**] calendar days after successful installation, provided the defect is not due to accident, abuse or misapplication after arrival. Exhibit I Indemnity Country List
