Common use of Limited Warranty and Disclaimer of Warranty Clause in Contracts

Limited Warranty and Disclaimer of Warranty. Licensor warrants that the Software, as provided, will substantially perform the functions described in the documentation when operated in the intended environment for a period of ninety (90) days from the date of delivery (the “Warranty Period”). Licensor expressly disclaims all warranties, including that the Software can be protected by copyright, that it is correct and without defects, that the technical information is complete or the usefulness of the Software for the intended purpose or for any other purpose. The Software is neither designed nor intended for use in a situation where the Software’s failure could lead to death or serious bodily injury of any person, or to severe physical or environmental damage (“high risk use”). Licensee is not licensed to use the Software in, or in conjunction with, high risk use. High risk use includes, for example: aircraft or other methods of human mass transportation, nuclear or chemical facilities, and Class III medical devices under the U.S. Food, Drug, and Cosmetic Act.