Limitations on Warranties. You must report all warranted problems to Tungsten in writing within the warranty period. The Software warranty is excluded if You have modified or altered the Software, installed, operated, repaired or maintained the Software other than in accordance with the then-current documentation for such Software, subjected the Software to misuse, negligence, or accident, or if the error reported by You cannot reasonably be reproduced. The warranties for the Software do not extend to, and Tungsten’s will not have any obligation to remedy, any interference with or failure or degradation of the performance of the Software arising from or caused by (a) Your failure to meet and comply with Tungsten’s specifications and requirements for implementation and/or execution of the Software, including as provided in the Software Maintenance and Support Agreement, (b) Your violation of any restrictions upon the use of the Software, including any use restrictions described in Tungsten’s product documentation, (c) Your installation, of any other software, hardware, product or apparatus in Your application environment following the installation of the Software, or (d) any Software implementation, support or other services not provided by Tungsten.
Appears in 10 contracts
Samples: End User License Agreement, End User License Agreement, End User License Agreement
Limitations on Warranties. You must report all warranted problems to Tungsten in writing within the warranty period. The Software warranty is excluded if You have modified or altered the Software, installed, operated, repaired or maintained the Software other than in accordance with the then-current documentation for such Software, subjected the Software to misuse, negligence, or accident, or if the error reported by You cannot reasonably be reproduced. The warranties for the Software do not extend to, and Tungsten’s will not have any obligation to remedy, any interference with or failure or degradation of the performance of the Software arising from or caused by (a) Your failure to meet and comply with Tungsten’s specifications and requirements for implementation and/or execution of the Software, including as provided in the Software Maintenance and Support Agreement, (b) Your violation of any restrictions upon the use of the Software, including any use restrictions described in Tungsten’s product documentation, (c) Your installation, of any other software, hardware, product or apparatus in Your application environment following the installation of the Software, or (d) any Software implementation, support or other services not provided by Tungsten.
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement
