Common use of Limited Service Warranty Clause in Contracts

Limited Service Warranty. During the Warranty Period, Webroot warrants that the Service, when used as permitted in this Agreement, will operate substantially as described in the Service Documentation. Webroot’s sole liability (and End User’s exclusive remedy) for any breach of this warranty will be, in Webroot’s sole discretion, to use commercially reasonable efforts: (A) to provide End User with an error-correction or work-around that corrects the reported non-conformity; (B) to replace the non-conforming features of the Service with conforming features; or (C) if Webroot determines such remedies to be impracticable within a reasonable period of time, to terminate the Agreement and refund the Fees paid for the Service that are attributable to the period of non-conformance. Webroot will have no obligation with respect to a warranty claim unless notified of such claim within the Warranty Period. The above warranty will not apply: (U) to any non-conformity caused in whole or in part by failure of Equipment, which will instead be governed by Section 10; (V) in any way to Third-Party Software, Open Source Software, or GeoIP Databases; (W) if the Service is not used in compliance with the terms of the Service Documentation or Subscription Documents; (X) if any modifications are made to the Service by End User or any third party, unless expressly permitted in the Service Documentation or otherwise approved in writing by Webroot; (Y) to defects due to accident, abuse, or improper use of the Service; or (Z) to the Evaluation/Beta Service.

Limited Service Warranty. During the Warranty Period, Webroot warrants that the Service, when used as permitted in this Agreement, will operate substantially as described in the Service Documentation. Webroot’s sole liability (and End UserCustomer’s exclusive remedy) for any breach of this warranty will be, in Webroot’s sole discretion, to use commercially reasonable efforts: (A) to provide End User Customer with an error-correction or work-around that corrects the reported non-conformity; (B) to replace the non-conforming features of the Service with conforming features; or (C) if Webroot determines such remedies to be impracticable within a reasonable period of time, to terminate the Agreement and refund the Fees paid for the Service that are attributable to the period of non-conformance. Webroot will have no obligation with respect to a warranty claim unless notified of such claim within the Warranty Period. The above warranty will not apply: (U) to any non-conformity caused in whole or in part by failure of Equipment, which will instead be governed by Section 103; (V) in any way to Third-Third Party Software, Open Source Software, or GeoIP Databases; (W) if the Service is or Enabling Software are not used in compliance with the terms of the Service Documentation or Subscription Documents; (X) if any modifications are made to the Enabling Software or Service by End User Customer or any third party, unless expressly permitted in the Service Documentation or otherwise approved in writing by WebrootDocumentation; (Y) to defects due to accident, abuse, or improper use of the ServiceService or Enabling Software; or (Z) to the Evaluation/Beta ServiceEvaluation Services. FOR THE AVOIDANCE OF DOUBT, THE FOREGOING WARRANTY DOES NOT APPLY TO THIRD PARTY SOFTWARE, OPEN SOURCE SOFTWARE, OR GEOIP DATABASES, WHICH ARE PROVIDED “AS IS”.

Limited Service Warranty. During the Warranty Period, Webroot warrants that the Service, when used as permitted in this Agreement, will operate substantially as described in the Service Documentation. Webroot’s sole liability (and End UserCompany’s exclusive remedy) for any breach of this warranty will be, in Webroot’s sole discretion, to use commercially reasonable efforts: (A) to provide End User Company with an error-correction or work-around that corrects the reported non-conformity; (B) to replace the non-conforming features of the Service with conforming features; or (C) if Webroot determines such remedies to be impracticable within a reasonable period of time, to terminate the Agreement and refund the Fees paid for the Service that are attributable to the period of non-conformance. Webroot will have no obligation with respect to a warranty claim unless notified of such claim within the Warranty Period. The above warranty will not apply: (U) to any non-conformity caused in whole or ore in part by failure of Equipment, which will instead be governed by Section 103; (V) in any way to Third-Third Party Software, Open Source Software, or GeoIP Databases; (W) if the Service is or Enabling Software are not used in compliance with the terms of the Service Documentation or Subscription Documents; (X) if any modifications are made to the Enabling Software or Service by End User Company or any third party, unless expressly permitted in the Service Documentation or otherwise approved in writing by WebrootDocumentation; (Y) to defects due to accident, abuse, or improper use of the ServiceService or Enabling Software; or (Z) to the Evaluation/Beta ServiceEvaluation Services. FOR THE AVOIDANCE OF DOUBT, THE FOREGOING WARRANTY DOES NOT APPLY TO THIRD PARTY SOFTWARE, OPEN SOURCE SOFTWARE, OR GEOIP DATABASES, WHICH ARE PROVIDED “AS IS”.