LIMITED SUBSCRIPTION SERVICE WARRANTY Sample Clauses

LIMITED SUBSCRIPTION SERVICE WARRANTY. ServiceNow warrants that, during the Subscription Term, Customer’s production instance of the Subscription Service will materially conform to the Product Overview. To submit a warranty claim under this Section 5.1, Customer will submit a support request to resolve the non-conformity as provided in the Subscription Service Guide. If the non-conformity persists without relief more than 30 days after notice of a warranty claim provided to ServiceNow under this Section 5.1, then Customer may terminate the affected Subscription Service, and submit to Reseller a claim for refund to Customer for any prepaid subscription fees covering that part of the applicable Subscription Term for the affected Subscription Service remaining after the effective date of termination. Notwithstanding the foregoing, this warranty will not apply to any non-conformity due to a modification of or defect in the Subscription Service that is made or caused by any person other than ServiceNow or a person acting at ServiceNow’s direction. This Section 5.1 sets forth Customer’s exclusive rights and remedies (and ServiceNow’s sole liability) in connection with this warranty.
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LIMITED SUBSCRIPTION SERVICE WARRANTY. Continuity warrants that, during the Subscription Term, Customer’s production instance of the Subscription Service will materially conform to the Product Overview. To submit a warranty claim under this Section 5.1, Customer will submit a support request to resolve the non-conformity in accordance with the terms and conditions set in the Order Form or SOW. If the non-conformity persists without relief more than 30 days after notice of a warranty claim provided to Continuity under this Section 5.1, then Customer may terminate the affected Subscription Service, and submit to Continuity or Reseller a claim for refund to Customer for any prepaid subscription fees covering that part of the applicable Subscription Term for the affected Subscription Service remaining after the effective date of termination. Notwithstanding the foregoing, this warranty will not apply to any non-conformity due to a modification of or defect in the Subscription Service that is made or caused by any person other than Continuity or a person acting at Continuity’s direction. This Section 5.1 sets forth Customer’s exclusive rights and remedies (and Continuity’s sole liability) in connection with this warranty.
LIMITED SUBSCRIPTION SERVICE WARRANTY. ServiceNow warrants that, during the Subscription Term, Customer’s production instance of the Subscription Service will materially conform to the Product Overview. To submit a warranty claim under this Section 5.1, Customer will submit a support request to resolve the non-conformity as provided in the Subscription Service Guide. If the nonconformity persists without relief more than 30 days after notice of a warranty claim provided to ServiceNow under this Section 5.1, then Customer may terminate the affected Subscription Service, and submit to Reseller a claim for refund to Customer for any prepaid subscription fees covering that part of the applicable Subscription Term for the affected Subscription Service remaining after the effective date of termination. Notwithstanding the foregoing, this warranty will not apply to any non-conformity due to a modification of or defect in the Subscription Service that is made or caused by any person other than ServiceNow or a person acting at ServiceNow’s direction. This Section 5.1 sets forth Customer’s exclusive rights and remedies (and ServiceNow’s sole liability) in connection with this warranty. 5.1. サブスクリプションサービスに関する限定保証 ServiceNow は、サブスクリプション期間中、顧客のサブスクリプションサービスの本番インスタンスが、重要な点において製品概要に適合することを保証します。顧客は、本条に基づく保証を請求する場合、サブスクリプションサービスガイドに定める不適合を解決するためのサポート要求を提出するものとします。本契約 5 条 1 項に基づき ServiceNow に保証請求を通知後 30 日以上、不適合が解決せず存続した場合、顧客は、影響を受けたサブスクリプションサービスを解除し、影響を受けたサブスクリプションサービスにおける解約日以降の残存期間に相当する前払いされたサブスクリプションサービス料金の払戻しをリセラーに請求することができます。上記にかかわらず、本契約 5 条 1 項に基づく保証は、ServiceNow または ServiceNow が指定する第三者以外の者に起因するサブスクリプションサービスの変更または不 具合には適用されないものとします。本契約 5 条 1項は、本保証に関連する、顧客の唯一の権利および救済方法(ならびに ServiceNow の唯一の責任)を定めたものです。
LIMITED SUBSCRIPTION SERVICE WARRANTY. Kensu warrants that, during the Subscription Term, Customer’s production instance of the Subscription Service will materially conform to the Product Overview. To submit a warranty claim under this Section 6.1, Customer will submit a support request to resolve the non-conformity as provided in the Subscription Service Guide. If the non-conformity persists without relief more than 30 days after notice of a warranty claim provided to Kensu under this Section 6.1, then Customer may terminate the affected Subscription Service immediately on written notice termination, and as customer’s exclusive remedy Kensu will refund to customer any prepaid subscription fee covering the remainder of the applicable Subscription Term. Notwithstanding the foregoing, this warranty will not apply to any non-conformity due to a modification of or defect in the Subscription Service that is made or caused by any person other than Kensu or a person acting at Kensu’s direction. This Section 6.1 sets forth Customer’s exclusive rights and remedies (and Kensu’s sole liability) in connection with this warranty
LIMITED SUBSCRIPTION SERVICE WARRANTY. ServiceNow warrants that during the Subscription Term the Subscription Service, exclusive of Custom Applications and Development Materials, will operate without a Defect (as defined in the Subscription Service Guide which is attached hereto and incorporated into this Agreement by this reference), that causes a material failure of Customer’s production instances of the Subscription Service to perform in accordance with the Product Overview. Customer’s exclusive remedy for breach of this warranty is for ServiceNow to correct or work around the Defect upon request, subject to and in accordance with the procedures and limitations for receiving Support, as defined in the Subscription Service Guide. If the Defect persists in causing a material failure in Customer’s production instances of the Subscription Service to conform to the Product Overview without correction or work-around forty-five (45) days after written notice to ServiceNow of a warranty claim under this Section 4.1, then Customer may terminate the affected Subscription Service and ServiceNow shall refund to Customer any prepaid subscription fees covering the remainder of the Subscription Term of the affected Subscription Service after the date of termination. This Section 4.1 sets forth Customer’s exclusive rights and remedies (and ServiceNow’s sole liability) in connection with any Defect or other failure of the Subscription Service to perform in accordance with the Product Overview or any other manner. Notwithstanding any other provision in this Agreement, ServiceNow shall have no obligation to support, and shall have no liability or obligation due to unavailability, malfunction or degradation of performance in the Subscription Service that is due to a Custom Application, Development Materials, or modifications of the ServiceNow Applications by any person other than ServiceNow or a person acting at ServiceNow’s direction.
LIMITED SUBSCRIPTION SERVICE WARRANTY. FATSTACKS warrants that during the Subscription Term Customer’s Subscription Service shall materially conform to the Product Overview. To submit a warranty claim under this Section, Customer shall (1) reference this Section; and (2) submit a support request to resolve the non-conformity as provided in the Subscription Service Guide. If the non-conformity persists without relief more than thirty (30) days after written notice of a warranty claim provided to FATSTACKS under this Section 4.1, then Customer may terminate the affected Subscription Service and submit to FASTACKS a claim for refund of any prepaid subscription fees covering the remainder of the Subscription Term of the affected Subscription Service after the date of termination. Notwithstanding the foregoing, this warranty shall not apply to any non- conformity due to a modification of or defect in the Subscription Service that is made or caused by any person other than FATSTACKS or a person acting at FATSTACKS’s direction. THIS SECTION 4.1 SETS FORTH CUSTOMER’S EXCLUSIVE RIGHTS AND REMEDIES (AND FATSTACKS’S SOLE LIABILITY) IN CONNECTION WITH THIS WARRANTY.
LIMITED SUBSCRIPTION SERVICE WARRANTY. ServiceNow warrants that during the Subscription Term the Subscription Service will operate without a Defect, as defined in the Operations Guide, that causes a material failure of Customer’s production instances of the Subscription Service to perform in accordance with the functional specifications for the Subscription Service (“Specifications”). Customer’s exclusive remedy for breach of this warranty is to request Reseller and ServiceNow to correct or work around the Defect, subject to and in accordance with the procedures and limitations for receiving Support, as defined in the Operations Guide. If the Defect persists in causing a material failure in Customer’s production instances of the Subscription Service to conform to the Specifications without correction or work around forty-five (45) days after written notice to ServiceNow of a warranty claim under this Section 4.1, then Customer may terminate the affected Subscription Service and Reseller shall refund to Customer any prepaid subscription fees covering the remainder of the Subscription Term of the affected Subscription Service after the date of termination. This Section 4.1 sets forth Customer’s exclusive rights and remedies (and ServiceNow’s sole liability) in connection with any Defect or other failure of the Subscription Service to perform in accordance with the Specifications or any other manner.
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LIMITED SUBSCRIPTION SERVICE WARRANTY. LeapPoint warrants that, during the Subscription Term, Subscriber’s production instance of the Subscription Service will materially conform to the Product Overview. To submit a warranty claim under this Section 7.1, Subscriber will submit a support request to resolve the non- conformity. During Business Hours, LeapPoint will respond to Error reports submitted by authorized Administrators via our Error request queue. When reporting an Error, Subscriber will describe the Error in reasonable detail, indicate the severity of the Error (e.g., the Platform is unusable by all users, the Platform is usable but critical features are inoperative, the Platform is usable with a work-around for critical features, or non-critical features are inoperative), and specify any error message(s) observed. LeapPoint will use commercially reasonable efforts to respond to Subscriber’s Error reports. LeapPoint will use commercially reasonable efforts to correct, within a commercially reasonable period of time, any substantiated Error in the unaltered Platform reported by Subscriber as specified above. LeapPoint will determine the form of any Error correction, which may include, by way of example and not limitation, an individual patch, a work around, a maintenance release provided in the normal course of LeapPoint's maintenance release schedule, or a correction to erroneous documentation. If the Error persists without relief more than 30 days after notice of a warranty claim provided to LeapPoint under this Section 7.1, then Subscriber may terminate the affected Subscription Service, and submit to a claim for refund to Subscriber for any prepaid subscription fees covering that part of the applicable Subscription Term for the affected Subscription Service remaining after the effective date of termination. Notwithstanding the foregoing, this warranty will not apply to any Error due to a modification of or defect in the Subscription Service that is made or caused by any person other than LeapPoint or a person acting at LeapPoint’s direction. This Section 7.1 sets forth Subscriber’s exclusive rights and remedies (and LeapPoint’s sole liability) in connection with this warranty.

Related to LIMITED SUBSCRIPTION SERVICE WARRANTY

  • Subscription Service PROS warrants that during the Subscription Term, the Subscription Service will conform in all material respects to the functional specifications set forth in the Documentation. Customer's sole and exclusive remedy will be the deployment of a corrected version of the PROS software application that is the object of the Subscription Service, or provision of a workaround, provided however if PROS fails to provide such remedy after using commercially reasonable efforts, Customer may exercise its rights herein for breach of contract, including, but not limited to, termination pursuant to Section 10.2.

  • Subscription Services We grant You a right to use the Genesys Cloud Service in accordance with this Agreement and the applicable product descriptions found in the Services Order.

  • Limited Software Warranty MyECheck represents, warrants, and covenants that: MyECheck warrants to the original end user (“Customer”), and not to subsequent end users, of the Extreme Networks software product (“Software”) that for ninety (90) days from the date of installation of the Software from MyECheck, the Software shall substantially conform with the specification for the Software at the (“Documentation”). MyECheck does not warrant (i) that the Software is error free, (ii) that Customer will be able to operate the Software without problems or interruptions or (iii) that the Software will be free of vulnerability to intrusion or attack. Except for the limited warranty set forth in this section, the Software is provided “AS IS.”

  • Service Warranty Provider has carefully examined and analyzed the provisions of this Agreement, including but not limited to all exhibits attached and incorporated into it, and can and will perform, or cause, the Services to be performed in strict accordance with the provisions and requirements of the Agreement. Services will be performed in a timely, professional and workmanlike manner in accordance with all applicable industry and professional standards.

  • Software Subscription Lifecycle During the life cycle of Red Hat Software, the scope of Software Maintenance and Support evolves and, after a number of years, we discontinue Software Maintenance and Support for older versions of Software. The details of the Software Maintenance and Production Support life cycle are set forth at xxxxx://xxxxxx.xxxxxx.xxx/support/policy/update_policies.html. If available, you may purchase Extended Update Support and/or Extended Life Cycle Support, as described in Exhibit 1.G, to extend your Subscription Services for certain versions of Software.

  • Software Subscription The Term of any Software Subscription shall automatically renew for an additional Subscription License Term unless written notice of termination is given to the other Party three (3) months prior to the expiration of the then-current Term.

  • Software Subscription Use Case Red Hat Storage Server for On- Premise Red Hat Storage Server for On-Premise is intended to be used as a storage system and will be supported only when used as a storage node. Red Hat Storage Server is not supported on non- server hardware such as desktops or workstations. Red Hat Storage Server for On-Premise is intended for use on a dedicated System, Physical Node, Virtual Node or Virtual Guest; running other applications and/or programs of any type on the System, Physical Node, Virtual Node or Virtual Guest can have a negative impact on the function and/or performance of the Red Hat Storage Server and is not a supported Use Case. Each Red Hat Storage Server Subscription includes one Software Subscription to Red Hat Enterprise Linux Server and the Scalable File System Add-on, which are supported solely in connection with the use of Red Hat Storage Server. Red Hat Storage Server for Public Cloud Red Hat Storage Server for Public Cloud is intended to be used as a storage system and will be supported only when used as a storage node. When running in Amazon Web Services, an EC2 M1 Large dedicated instance is required in order to be supported. Running other applications and/or programs of any type on the same instance can have a negative impact on the function and/or performance of the Red Hat Storage Server and is not a supported Use Case. Each Red Hat Storage Server Subscription includes one Software Subscription to Red Hat Enterprise Linux Server and the Scalable File System Add-on, which are supported solely in connection with the use of Red Hat Storage Server. Red Hat Storage for Red Hat Enterprise Linux OpenStack Platform Red Hat Storage Server for Red Hat Enterprise Linux OpenStack Platform is intended to be used as a storage system with Red Hat Enterprise Linux OpenStack Platform and will be supported only when used as a storage node. Red Hat Storage Server is not supported on non-server hardware such as desktops or workstations. Red Hat Storage Server for Red Hat Enterprise Linux OpenStack Platform is intended for use on a dedicated Physical Node; running other applications and/or programs of any type on the Physical Node can have a negative impact on the function and/or performance of the Red Hat Storage Server and is not a supported Use Case. Each Red Hat Storage Server Subscription includes one Software Subscription to Red Hat Enterprise Linux Server and the Scalable File System Add-on, which are supported solely in connection with the use of Red Hat Storage Server.

  • Red Hat Enterprise Linux Desktop Software Subscriptions Software Subscriptions for Red Hat Enterprise Linux Desktops and Workstations are subject to the parameters set forth in Table 6 below. Each Red Hat Enterprise Linux Desktop and Workstation Software Subscription includes one Red Hat Network system entitlement and one Smart Management Module, each to be used solely with a single Red Hat Enterprise Linux Desktop or Workstation System. Production Support for Red Hat Enterprise Linux Desktop subscriptions is limited to web-based support only for your helpdesk support personnel. Red Hat is not obligated to support your end users directly.

  • Equipment Warranty Sunrun warrants all equipment for the duration of the Initial Term. If parts fail during the term of this Agreement, Sunrun will use commercially reasonable efforts to replace them with like equipment; however, you acknowledge that due to parts availability and other factors, this may not be possible. Sunrun agrees that any change in equipment will not reduce the Guaranteed Output set forth in Section D.

  • Purchase Order Flip via Ariba Network (AN) The online process allows suppliers to submit invoices via the AN for catalog and non- catalog goods and services. Contractors have the ability to create an invoice directly from their Inbox in their AN account by simply “flipping” the purchase order into an invoice. This option does not require any special software or technical capabilities. For the purposes of this section, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third-party provider of MFMP the right and license to use, reproduce, transmit, distribute, and publicly display within the system the information outlined above. In addition, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third-party provider the right and license to reproduce and display within the system the Contractor’s trademarks, system marks, logos, trade dress, or other branding designation that identifies the products made available by the Contractor under the Contract.

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