Limited SaaS Products Warranty. During the applicable Subscription Term, Terryberry warrants that: (a) the SaaS Products will perform in substantial conformity with the Documentation; and (b) Terryberry will use industry standard measures designed to detect viruses, worms, Trojan horses or other unintended malicious or destructive code in the SaaS Products. The foregoing warranties are void if the failure of the SaaS Products has resulted from negligence, error, or misuse of the SaaS Products (including use not in accordance with the Documentation) by Customer, the User or by anyone other than Terryberry. Customer shall be required to report any breach of warranty to Terryberry within a period of thirty (30) days of the date on which the incident giving rise to the claim occurred. Xxxxxxxxxx’x sole and exclusive liability, and Customer’s sole and exclusive remedy, for breach of these warranties will be for Terryberry, at its expense, to use reasonable commercial efforts to correct such nonconformity within thirty (30) days of the date that notice of the breach was provided; and, if Terryberry fails to correct the breach within such cure period, Customer may terminate the affected Order and, in such event, Terryberry shall provide Customer with a pro-rata refund of any unused pre-paid fees paid for the period following termination as calculated on a monthly basis for the affected SaaS Products.
Limited SaaS Products Warranty. During the applicable Subscription Term, Prediko warrants that:
2.2.1 the SaaS Products will perform substantially in conformity with this Agreement and the Documentation; and
2.2.2 Prediko will use industry standard measures designed to detect viruses, worms, trojan horses or other unintended malicious or destructive code in the SaaS Products.
Limited SaaS Products Warranty. During the applicable Subscription Term, Creo warrants that: (a) the SaaS Products will perform in substantial conformity with the Documentation; and (b) Creo will use industry standard measures designed to detect viruses, worms, Trojan horses or other unintended malicious or destructive code in the SaaS Products. The foregoing warranties are void if the failure of the SaaS Products has resulted from negligence, error, or misuse of the SaaS Products (including use not in accordance with the Documentation) by Customer, the Authorized User or by anyone other than Creo. Customer shall be required to report any breach of warranty to Creo within a period of thirty (30) days of the date on which the incident giving rise to the claim occurred. Creo’s sole and exclusive liability, and Customer’s sole and exclusive remedy, for breach of these warranties will be for Creo, at its expense, to use reasonable commercial efforts to correct such nonconformity within thirty (30) days of the date that notice of the breach was provided; and, if Creo fails to correct the breach within such cure period, Customer may terminate the affected Order and, in such event, Creo shall provide Customer with a pro-rata refund of any unused pre-paid fees paid for the period following termination as calculated on a monthly basis for the affected SaaS Products. Without derogating from Creo’s obligations under this Agreement, Customer warrants that it shall take and maintain appropriate steps within its control to protect the confidentiality, integrity, and security of its Confidential Information and Customer Data, including: (i) operating the SaaS Products in accordance with the Documentation and applicable law and; and (ii) dedicating reasonably adequate personnel and resources to implement and maintain the security controls set forth in the Documentation. Customer will be responsible for the acts and omissions of its Authorized Users.
