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 Documentation. Webroot’s sole liability (and Customer’s exclusive remedy) for any breach of this warranty will be, in Webroot’s sole discretion, to use commercially reasonable efforts: (A) to provide 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 3; (V) in any way to Third Party Software, Open Source Software, or GeoIP Databases; (W) if the Service or Enabling Software are not used in compliance with the terms of the Documentation or Subscription Documents; (X) if any modifications are made to the Enabling Software or Service by Customer or any third party, unless expressly permitted in the Documentation; (Y) to defects due to accident, abuse, or improper use of the Service or Enabling Software; or (Z) to Evaluation 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 CustomerEnd 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 Customer 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 310; (V) in any way to Third Third-Party Software, Open Source Software, or GeoIP Databases; (W) if the Service or Enabling Software are is 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 Customer End User or any third party, unless expressly permitted in the DocumentationService Documentation or otherwise approved in writing by Webroot; (Y) to defects due to accident, abuse, or improper use of the Service or Enabling SoftwareService; or (Z) to Evaluation 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”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 Documentation. Webroot’s sole liability (and CustomerCompany’s exclusive remedy) for any breach of this warranty will be, in Webroot’s sole discretion, to use commercially reasonable efforts: (A) to provide Customer 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 3; (V) in any way to Third Party Software, Open Source Software, or GeoIP Databases; (W) if the Service or Enabling Software are not used in compliance with the terms of the Documentation or Subscription Documents; (X) if any modifications are made to the Enabling Software or Service by Customer Company or any third party, unless expressly permitted in the Documentation; (Y) to defects due to accident, abuse, or improper use of the Service or Enabling Software; or (Z) to Evaluation 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”.