Common use of Limited Performance Warranty Clause in Contracts

Limited Performance Warranty. Elastic warrants that during the term of this Agreement, the Commercial Software will perform in all material respects in accordance with the Documentation. In the event of a breach of the foregoing warranty, Elastic’s sole obligation, and OEM’s exclusive remedy shall be for Elastic to (i) correct any failure(s) of the Commercial Software to perform in all material respects in accordance with the Documentation or (ii) if Elastic is unable to provide such a correction within thirty (30) days of receipt of notice of the applicable non-conformity, then upon request from OEM, Elastic will promptly refund to OEM the unused portion (on a pro-rata basis based on the number of months remaining in the then current term of Agreement) any pre-paid Fees paid by OEM to Elastic for the applicable Commercial Software, provided that, upon payment of such refund, all licenses granted in Sections 2.1 and 2.2 and Elastic’s obligation to provide Support Services with respect to such Commercial Software shall immediately terminate. The warranty set forth in this Section 7.3 does not apply if the applicable Commercial Software or any portion thereof: (a) has been altered, except by or on behalf Elastic; (b) has not been used, installed, operated, repaired, or maintained in accordance with this Agreement and/or the Documentation; (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident; or (d) is used on equipment, products, or systems not meeting specifications identified by Elastic in the Documentation. Additionally, the warranties set forth herein do not apply to any bug, defect or error caused by or attributable to software or hardware not supplied by Elastic.

Limited Performance Warranty. Elastic warrants that during the term of this Agreementapplicable Subscription Term, the Commercial Software will perform in all material respects in accordance with the Documentation. In the event of a breach of the foregoing warranty, Elastic’s sole obligation, and OEMMSP’s exclusive remedy shall be for Elastic to (i) correct any failure(s) of the Commercial Software to perform in all material respects in accordance with the Documentation or (ii) if Elastic is unable to provide such a correction within thirty (30) days of receipt of notice of the applicable non-conformity, then upon request from OEMMSP may elect to terminate the applicable Order Form and the associated Subscription, and Elastic will promptly refund to OEM the unused portion (on a pro-rata basis based on the number of months remaining in the then current term of Agreement) MSP any pre-paid Fees paid, unused fees paid by OEM MSP to Elastic for the applicable Commercial Software, provided that, upon payment of such refund, all licenses granted in Sections 2.1 and 2.2 and Elastic’s obligation to provide Support Services with respect to such Commercial Software shall immediately terminateSubscription. The warranty set forth in this Section 7.3 8.1 does not apply if the applicable Commercial Software or any portion thereof: : (a) has been altered, except by or on behalf Elastic; (b) has not been used, installed, operated, repaired, or maintained in accordance with this Agreement and/or the Documentation; (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident; or (d) is used on equipment, products, or systems not meeting specifications identified by Elastic in the Documentation. Additionally, the warranties set forth herein only apply when notice of a warranty claim is provided to Elastic within the applicable warranty period specified herein and do not apply to any bug, defect or error caused by or attributable to software or hardware not supplied by Elastic.