Common use of Limited Warranties Disclaimer Clause in Contracts

Limited Warranties Disclaimer. 4.1 The Licensor warrants that obligations under this agreement are fulfilled with all due skill, care and diligence including but not limited to Good Industry Practice, (without limiting the generality of this clause) in accordance with its own established internal procedures and in compliance with all applicable Laws. 4.2 The Licensor warrants on Server Licenses, Server Stand-By Licenses, Site Licenses, and Site Stand-By Licenses only (contract types 1.6 (i), (ii), (iii), (iv), (v), (vi), (vii), (viii), (ix), (x)) that: 4.2.1 its title to and property in the Software and Documentation is free and unencumbered and that it has the right power and authority to license the same upon the terms and conditions of this agreement; 4.2.2 the Software will for a period of 90 days from delivery perform in all material respects accordance with the Documentation. 4.2.3 the Software does not contain any harmful code (such as “trojan horses”, “worms”, or “viruses”) and any back door not declared in this agreement. 4.2.4 it is not aware of any right belonging to a third party that would result in the Software, Documentation or any other product or service rendered by the Licensor to the Licensee as violating any possible third party rights, including Copyrights, Patents, Trademarks or any other right. 4.2.5 Licensee must inform Licensor in writing during the Warranty Period (90 days from delivery date) if the Software does not operate as warranted and provide to Licensor such information and material as Licensor may reasonably request to document and reproduce such problem and to verify that any proposed solution corrects the problem. This warranty shall not apply to any bug, problem or defect resulting from any of the following: (i) any equipment, materials, products or software not provided by Licensor; (ii) Licensor’s compliance with designs, plans or specifications provided by Licensee to Licensor; (iii) any unauthorized repair, adjustment, modification or alteration to the Software by Licensee or any third party; (iv) any refusal by Licensee to install or to use a remedy, update, or replacement version of the Software offered by Licensor to Licensee; (v) any use of the Software not in accordance with the Documentation;

Limited Warranties Disclaimer. 4.1 The Licensor warrants that obligations under this agreement are fulfilled with all due skill, care and diligence including but not limited to Good Industry Practice, (without limiting the generality of this clause) in accordance with its own established internal procedures and in compliance with all applicable Laws. 4.2 The Licensor warrants on Server Licenses, Server Stand-By Licenses, Site Licenses, and Site Stand-By Licenses only (contract types 1.6 (i), (ii), (iii), (iv), (v), (vi), (vii), (viii), (ix), (x)) that: 4.2.1 its title to and property in the Software and Documentation is free and unencumbered and that it has the right power and authority to license the same upon the terms and conditions of this agreement; 4.2.2 the Software will for a period of 90 days from delivery perform in all material respects accordance with the Documentation. 4.2.3 the Software does not contain any harmful code (such as “trojan horses”, “worms”, or “viruses”) and any back door not declared in this agreement. 4.2.4 it is not aware of any right belonging to a third party that would result in the Software, Documentation or any other product or service rendered by the Licensor to the Licensee as violating any possible third party rights, including Copyrights, Patents, Trademarks or any other right. 4.2.5 Licensee must inform Licensor in writing during the Warranty Period (90 days from delivery date) if the Software does not operate as warranted and provide to Licensor such information and material as Licensor may reasonably request to document and reproduce such problem and to verify that any proposed solution corrects the problem. This warranty shall not apply to any bug, problem or defect resulting from any of the following: (i) any equipment, materials, products or software not provided by Licensor; (ii) Licensor’s compliance with designs, plans or specifications provided by Licensee to Licensor; (iii) any unauthorized repair, adjustment, modification or alteration to the Software by Licensee or any third party; (iv) any refusal by Licensee to install or to use a remedy, update, or replacement version of the Software offered by Licensor to Licensee; (v) any use of the Software not in accordance with the Documentation;

Limited Warranties Disclaimer. 4.1 The Licensor warrants that obligations under this agreement are fulfilled with all due skill, care and diligence including but not limited to Good Industry Practice, (without limiting the generality of this clause) in accordance with its own established internal procedures and in compliance with all applicable Laws. 4.2 The Licensor warrants on Server Licenses, Server Stand-By Licenses, Site Licenses, and Site Stand-By Licenses only (contract types 1.6 (i), (ii), (iii), (iv), (v), (vi), (vii), (viii), (ix), (x)) that: 4.2.1 4.1.1 its title to and property in the Software and Documentation is free and unencumbered and that it has the right power and authority to license the same upon the terms and conditions of this agreement; 4.2.2 4.1.2 the Software will for a period of 90 days from delivery perform in all material respects accordance with the Documentation. 4.2.3 4.1.3 the Software does not contain any harmful code (such as “trojan horses”, “worms”, or “viruses”) and any back door not declared in this agreement. 4.2.4 4.1.4 it is not aware of any right belonging to a third party that would result in the Software, Documentation or any other product or service rendered by the Licensor to the Licensee as violating any possible third party rights, including Copyrights, Patents, Trademarks or any other right. 4.2.5 4.1.5 Licensee must inform Licensor in writing during the Warranty Period (90 days from delivery date) if the Software does not operate as warranted and provide to Licensor such information and material as Licensor may reasonably request to document and reproduce such problem and to verify that any proposed solution corrects the problem. This warranty shall not apply to any bug, problem or defect resulting from any of the following: (i) any equipment, materials, products or software not provided by Licensor; (ii) Licensor’s compliance with designs, plans or specifications provided by Licensee to Licensor; (iii) any unauthorized repair, adjustment, modification or alteration to the Software by Licensee or any third party; (iv) any refusal by Licensee to install or to use a remedy, update, or replacement version of the Software offered by Licensor to Licensee; (v) any use of the Software not in accordance with the Documentation;

Limited Warranties Disclaimer. 4.1 The Licensor warrants that it shall fulfill its obligations under this agreement are fulfilled Agreement with all due skill, care and diligence including but not limited to Good Industry Practice, (without limiting the generality of this clause) in accordance with its own established internal procedures and in compliance with all applicable Laws. 4.2 The Licensor warrants on Server Licenses, Server Stand-By Licenses, Site Licenses, and Site Stand-By Licenses only (contract types 1.6 1.6.3 (i), (ii), (iii), (iv), (v), (vi), (vii), (viii), (ix), (x)) that: 4.2.1 its title to and property in the Software and Documentation is free and unencumbered and that it has the right power and authority to license the same upon the terms and conditions of this agreementAgreement; 4.2.2 the Software will for a period of 90 days from delivery perform in all material respects accordance with the Documentation. 4.2.3 the Software does not contain any harmful code (such as “trojan horses”, “worms”, or “viruses”) and any back door not declared in this agreementAgreement. 4.2.4 it is not aware of any right belonging to a third party that would result in the Software, Documentation or any other product or service rendered by the Licensor to the Licensee as violating any possible third party rights, including Copyrights, Patents, Trademarks or any other right. 4.2.5 Licensee must inform Licensor in writing during the Warranty Period (90 days from delivery date) if the Software does not operate as warranted and provide to Licensor such information and material as Licensor may reasonably request to document and reproduce such problem and to verify that any proposed solution corrects the problem. This warranty shall not apply to any bug, problem or defect to the extent resulting from any of the following: (i) any equipment, materials, products or software not provided by Licensor; (ii) Licensor’s compliance with designs, plans or specifications provided by Licensee to Licensor; (iii) any unauthorized repair, adjustment, modification or alteration to the Software by Licensee or any third party; (iv) any refusal by Licensee to install or to use a remedy, update, or replacement version of the Software offered by Licensor to Licensee; (v) any use of the Software not in accordance with the Documentation;; (vi) any neglect, accident or misuse of the Software, or (vii) any malfunction that is not attributable to the Software.