Common use of Limitation on Warranty Clause in Contracts

Limitation on Warranty. (1) Cybozu hereby warrants that the Software shall operate materially in accordance with the manual, subject to the condition that the Customer purchased legal and effective license from an official partner approved by Cybozu and that the Software is used under the environment, including but not limited to operating systems, hardware structures and network environment, recommended by Cybozu; provided that the warranty by Cybozu hereunder shall not cover any defects, problems and/or inconsistency with the function described in the manual; arising from (i) any program made to change or modify the Software, except for those officially provided by Cybozu to apply to the Software, (ii) any program or software provided by Cybozu before the Software is officially released such as trial version, evaluation version, and early release version, regardless of the names such as “beta version,” “RC version,” and “operation review version,” arising from the environment to use the Software including the operating system, hardware structure, and network environment, arising from any change or modification made by or through intention of the Customer, or not arising from the Software. (2) Any claim by the Customer based on the warranty under the subsection (1) above must be made within sixty (60) days, or the shortest period allowed under the applicable law if such period is more than 60 days, from the day when the Customer obtained the License Key of the Software and must be accompanied with the appropriate document to certify that the Customer purchased The License of the Software and the date the Customer obtained the License Key. (3) The remedy of the Customer for the claim based on this section 5 shall be, at Cybozu’s choice, either of replacement or repair of the Software or return of the payment, except for which Cybozu and/or any affiliate thereof shall take no responsibility. The “replacement or repair of the Software” shall include provision of any “fix program” or “upgrade software” of the Software and in the case Cybozu offer fix program or upgrade software of the Software to the Customer, Cybozu shall be deemed to have performed the duty under this section 5 whether the Customer introduce such “fix program” or “upgrade software” or not.