Common use of Limited Software Performance Warranty Clause in Contracts

Limited Software Performance Warranty. Flexera Software warrants to Licensee that during the Warranty Period the Software shall operate in substantial conformity with the Documentation. Flexera Software does not warrant that Licensee’s use of the Software will be uninterrupted or error-free or that any security mechanisms implemented by the Software will not have inherent limitations. Flexera Software’s sole liability (and Licensee’s exclusive remedy) for any breach of this warranty shall be, in Flexera Software’s sole discretion, to use commercially reasonable efforts to provide Licensee with an error-correction or work-around which corrects the reported non-conformity, to replace the non-conforming Software with conforming Software, or if Flexera Software determines such remedies to be impracticable within a reasonable period of time, to terminate the Agreement and refund the license fee paid for the Software. Flexera Software shall have no obligation with respect to a warranty claim unless notified of such claim in writing within the Warranty Period.

Appears in 5 contracts

Samples: End User License Agreement, End User License Agreement, End User License Agreement

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Limited Software Performance Warranty. Flexera Software warrants to Licensee that during the Warranty Period the Software shall will operate in substantial conformity with the Documentation. Flexera Software does not warrant that Licensee’s use of the Software will be uninterrupted or error-free or that any security mechanisms implemented by the Software will not have inherent limitations. Flexera SoftwareFlexera’s sole liability (and Licensee’s exclusive remedy) for any breach of this warranty shall will be, in Flexera SoftwareFlexera’s sole discretion, to use commercially reasonable efforts to provide Licensee with an error-correction or work-around which corrects the reported non-conformity, to replace the non-non- conforming Software with conforming Software, or if Flexera Software determines such remedies to be impracticable within a reasonable period of time, to terminate the Agreement and refund the license fee paid for the Software. Flexera Software shall will have no obligation with respect to a warranty claim unless notified of such claim in writing within the Warranty Period.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

Limited Software Performance Warranty. Flexera Software warrants to Licensee Ordering Activity that during the Warranty Period the Software shall operate in substantial conformity with the Documentation. Flexera Software does not warrant that LicenseeOrdering Activity’s use of the Software will be uninterrupted or error-free or that any security mechanisms implemented by the Software will not have inherent limitations. Flexera Software’s sole liability (and LicenseeOrdering Activity’s exclusive remedy) for any breach of this warranty shall be, in Flexera Software’s sole discretion, to use commercially reasonable efforts to provide Licensee Ordering Activity with an error-correction or work-around which corrects the reported non-conformity, to replace the non-non- conforming Software with conforming Software, or if Flexera Software determines such remedies to be impracticable within a reasonable period of time, to terminate the Agreement and refund the license fee paid for the Software. Flexera Software shall have no obligation with respect to a warranty claim unless notified of such claim in writing within the Warranty Period.

Appears in 1 contract

Samples: License Agreement

Limited Software Performance Warranty. Flexera Software warrants to Licensee that during the Warranty Period the Software shall operate in substantial conformity with the Documentation. Flexera Software does not warrant that Licensee’s use of the Software will be uninterrupted or error-free or that any security mechanisms implemented by the Software will not have inherent limitations. Flexera Software’s sole liability (and Licensee’s exclusive remedy) for any breach of this warranty shall be, in Flexera Software’s sole discretion, to use commercially reasonable efforts to provide Licensee with an error-correction or work-around which corrects the reported non-conformity, to replace the non-non- conforming Software with conforming Software, or if Flexera Software determines such remedies to be impracticable within a reasonable period of time, to terminate the Agreement and refund the license fee paid for the Software. Flexera Software shall have no obligation with respect to a warranty claim unless notified of such claim in writing within the Warranty Period.

Appears in 1 contract

Samples: End User License Agreement

Limited Software Performance Warranty. Flexera Software warrants to Licensee that during the Warranty Period the Software shall operate in substantial conformity with the Documentation. Flexera Software does not warrant that Licensee’s use of the Software will be uninterrupted or error-free or that any security mechanisms implemented by the Software will not have inherent limitations. Flexera SoftwareFlexera’s sole liability (and Licensee’s exclusive remedy) for any breach of this warranty shall be, in Flexera SoftwareFlexera’s sole discretion, to use commercially reasonable efforts to provide Licensee with an error-correction or work-around which corrects the reported non-conformity, to replace the non-non- conforming Software with conforming Software, or if Flexera Software determines such remedies to be impracticable within a reasonable period of time, to terminate the Agreement and refund the license fee paid for the Software. Flexera Software shall have no obligation with respect to a warranty claim unless notified of such claim in writing within the Warranty Period.

Appears in 1 contract

Samples: End User License Agreement

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Limited Software Performance Warranty. Flexera Software warrants to Licensee that during the Warranty Period the Software shall operate in substantial conformity with the Documentation. Flexera Software does not warrant that Licensee’s use of the Software will be uninterrupted or error-free or that any security mechanisms implemented by the Software will not have inherent limitations. Flexera SoftwareFlexera’s sole liability (and Licensee’s exclusive remedy) for any breach of this warranty shall be, in Flexera SoftwareFlexera’s sole discretion, to use commercially reasonable efforts to provide Licensee with an error-correction or work-around which corrects the reported non-conformity, to replace the non-conforming Software with conforming Software, or if Flexera Software determines such remedies to be impracticable within a reasonable period of time, to terminate the Agreement and refund the license fee paid for the Software. Flexera Software shall have no obligation with respect to a warranty claim unless notified of such claim in writing within the Warranty Period.

Appears in 1 contract

Samples: End User License Agreement

Limited Software Performance Warranty. Flexera Software warrants to Licensee that during the Warranty Period the Software shall will operate in substantial conformity with the Documentation. Flexera Software does not warrant that Licensee’s use of the Software will be uninterrupted or error-free or that any security mechanisms implemented by the Software will not have inherent limitations. Flexera SoftwareFlexera’s sole liability (and Licensee’s exclusive remedy) for any breach of this warranty shall will be, in Flexera SoftwareFlexera’s sole discretion, to use commercially reasonable efforts to provide Licensee with an error-correction or work-around which corrects the reported non-conformity, to replace the non-conforming nonconforming Software with conforming Software, or if Flexera Software determines such remedies to be impracticable within a reasonable period of time, to terminate the Agreement and refund the license fee paid for the Software. Flexera Software shall will have no obligation with respect to a warranty claim unless notified of such claim in writing within the Warranty Period.

Appears in 1 contract

Samples: End User License Agreement

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