LIMITATIONS ON WARRANTIES AND LIABILITY. (a) ONESOFT warrants only that each Software Product, at the time of initial delivery to CLIENT pursuant to a Product Addendum, is capable of performing substantially the functions described in ONESOFT's published technical documentation at such time for such Software Product, or any product description that accompanies a Product Addendum; provided, however, that each Software Product is otherwise accepted by CLIENT "as is." ONESOFT does not warrant that the operation of any Software Product will be uninterrupted or error free. (b) ONESOFT warrants that each Software Product shall not, at the time of execution of a Product Addendum infringe any valid United States Copyright, United States Patent or United States Trademark. In the event such warranty is breached, ONESOFT agrees to defend any and all actions alleging any such infringement that may be brought against CLIENT during the term of this Agreement, and to pay all damages and costs finally awarded against CLIENT in such actions or suits on account of such infringement provided that: (i) ONESOFT shall have received from CLIENT prompt notice of the commencement of any such action; (ii) CLIENT, and where applicable, those for whom CLIENT is in law responsible, shall cooperate fully with ONESOFT in defense of the action; (iii) The action shall not have resulted from the use of any Software Product for purposes other than those for which it was authorized and designed, or the use of any Software Product in combination with software or other products not supplied by ONESOFT, or where the infringement would have been avoided by use of the then current version of any of the Software Products; (iv) ONESOFT in its sole discretion instead of defending such action may procure for CLIENT the right to continue the use of the Software Products subject to such action or it may replace or modify such Software Products so to become non-infringing or it may refund a portion of the license fees for such Software Products as reduced based upon a five year straight line amortization of such fees. (c) A medium on which a Software Product is furnished is warranted to be free of defects in materials and workmanship under normal use for a period of thirty (30) days from the date of delivery of the Software Product. (d) ONESOFT warrants that its Software is designed to be used in connection with dates in the range of **** through **** and that the Software will operate during each such time period without error relating to date data; provided, however, that this warranty OneSoft Corporation Totally Wireless does not apply to any of ONESOFT's Software Products used in combination with software or other products not supplied by ONESOFT.
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LIMITATIONS ON WARRANTIES AND LIABILITY. (a) ONESOFT warrants only that each Software Product, at the time of initial delivery to CLIENT pursuant to a Product Addendum, is capable of performing substantially the functions described in ONESOFT's published technical documentation at such time for such Software Product, or any product description that accompanies a Product Addendum; provided, however, that each Software Product is otherwise accepted by CLIENT "as is." ONESOFT does not warrant that the operation of any Software Product will be uninterrupted or error free. (b) ONESOFT warrants that each Software Product shall not, at the time of execution of a Product Addendum infringe any valid United States Copyright, United States Patent or United States Trademark. In the event such warranty is breached, ONESOFT agrees to defend any and all actions alleging any such infringement that may be brought against CLIENT during the term of this Agreement, and to pay all damages and costs finally awarded against CLIENT in such actions or suits on account of such infringement provided that: (i) ONESOFT shall have received from CLIENT prompt notice of the commencement of any such action; (ii) CLIENT, and where applicable, those for whom CLIENT is in law responsible, shall cooperate fully with ONESOFT in defense of the action; (iii) The action shall not have resulted from the use of any Software Product for purposes other than those for which it was authorized and designed, or the use of any Software Product in combination with software or other products not supplied by ONESOFT, or where the infringement would have been avoided by use of the then current version of any of the Software Products; (iv) ONESOFT in its sole discretion instead of defending such action may procure for CLIENT the right to continue the use of the Software Products subject to such action or it may replace or modify such Software Products so to become non-infringing or it may refund a portion of the license fees for such Software Products as reduced based upon a five year straight line amortization of such fees. (c) A medium on which a Software Product is furnished is warranted to be free of defects in materials and workmanship under normal use for a period of thirty (30) days from the date of delivery of the Software Product. (d) ONESOFT warrants that its Software is designed to be used in connection with dates in the range of **** through **** and that the Software will operate during each such time period without error relating to date data; provided, however, that this warranty OneSoft Corporation Totally Wireless does not apply to any of ONESOFT's Software Products used in combination with software or other products not supplied by ONESOFT.
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LIMITATIONS ON WARRANTIES AND LIABILITY. (a) ONESOFT warrants only that each Software Product, at the time effective date that such Software Product is being used on a live Internet site and for a period of initial delivery to CLIENT pursuant to a Product Addendumone hundred and twenty days (120) therefrom, is capable of performing substantially the functions described in ONESOFT's published technical documentation at such time for such Software Product, or any product description that accompanies a Product Addendum; provided, however, that each Software Product is otherwise accepted by CLIENT "as is." . ONESOFT does not warrant that the operation of any Software Product will be uninterrupted or error free, however, exclusive remedies in connection with this limited warranty are provided for under Subsection 13 (e) herein. (b) ONESOFT warrants that each Software Product shall not, at the time of execution of a Product Addendum not infringe any valid United States Copyright, United States Patent or United States Trademark. In the event such warranty is breached, ONESOFT agrees to defend any and all actions alleging any such infringement that may be brought against CLIENT during the term of this Agreement, and to pay all damages and costs finally awarded against CLIENT in such actions or suits on account of such infringement provided that: (i) ONESOFT shall have received from CLIENT prompt notice of the commencement of any such action; (ii) CLIENT, and where applicable, those for whom CLIENT is in law responsible, shall cooperate fully with ONESOFT in defense of the action; (iii) The action shall not have resulted from the use of any Software Product for purposes other than those for which it was authorized and designed, or the use of any Software Product in combination with software or other products not supplied by ONESOFT, or where the infringement would have been avoided by use of the then current version of any of the Software Products; (iv) ONESOFT in its sole discretion instead of defending such action may procure for CLIENT the right to continue the use of the Software Products subject to such action or it may replace or modify such Software Products so to become non-infringing or it may refund a portion of the license fees for such Software Products as reduced based upon a five year straight line amortization of such fees. (c) A medium on which a Software Product is furnished is warranted to be free of defects in materials and workmanship under normal use for a period of thirty (30) days from the date of delivery of the Software Product. (d) ONESOFT warrants that its Software is designed to be used in connection with dates in the range of **** through **** and that the Software will operate during each such time period without error relating to date data; provided, however, that this warranty OneSoft Corporation Totally Wireless does not apply to any of ONESOFT's Software Products used error caused by use in combination with software or other products not supplied by ONESOFT.. (e) ONESOFT guarantees a CLIENT platform uptime of ********** percent (****** %) of the time. ONESOFT will calculate the platform's unavailability in any given calendar month at the written request of the CLIENT. Platform unavailability will consist of the number of minutes that the application components are not available to the CLIENT, excluding unavailability resulting from or caused by scheduled ONESOFT maintenance (which ONESOFT will use reasonable efforts to co-ordinate with CLIENT as practicable given the large number of sites that ONESOFT supports), applications provided by CLIENT, acts, omissions and/or failure of CLIENT or third party supplier equipment or facilities, any use of the platform authorized by CLIENT, or for any reason beyond ONESOFT's reasonable control. ONESOFT also guarantees to maintain data storage, back-up and disaster recovery procedures that are considered standard within the industry. (f) REMEDIES: (i) IF CLIENT NOTIFIES ONESOFT IN WRITING, WITHIN *********** DAYS OF THE DATE THAT A SOFTWARE PRODUCT IS BEING USED ON A LIVE INTERNET SITE, IDENTIFYING A SOFTWARE PRODUCT OF ANY SIGNIFICANT ERROR OR FAILURE OF SUCH SOFTWARE PRODUCT COVERED BY THE EXPRESS WARRANTIES IN SUBPARAGRAPHS (a) OR (c) OR (d), ONESOFT SHALL USE ALL COMMERCIALLY REASONABLE EFFORTS TO PROMPTLY CORRECT ANY SUCH SIGNIFICANT ERROR OR FAILURE. (ii) THE WARRANTIES AND LIMITATIONS SET FORTH IN THIS PARAGRAPH 13 CONSTITUTE THE ONLY WARRANTIES OF ONESOFT WITH RESPECT TO ANY SOFTWARE PRODUCT OR ITS SUPPORT OR MAINTENANCE. SUCH WARRANTIES ARE IN LIEU OF, AND ONESOFT HEREBY DISCLAIMS, ALL OTHER WARRANTIES, STATUTORY OR OTHERWISE, EXPRESS OR Confidential Information 5 OneSoft Corporation The Xxxx Group, Inc.
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