Material Software Defects Clause Samples

Material Software Defects. 2.5.1 The Software's characteristics and functions are conclusively described in the user documentation and service description. The statements contained there are to be understood as specifications and not as a guarantee or warranty. A guarantee or warranty is only granted if it is clearly stated as such by written declaration by authorized representatives of EXASOL. 2.5.2 The Software is fit for the contractually stipulated use; in case of a missing agreement regarding the contractual use, the Software is suitable for standard use. It meets the criteria of software of this kind and has the quality that is customary for this kind of software; however it is agreed that it is not error-free. A functional impairment of the program resulting from hardware defects, environmental conditions, faulty operation or similar conditions shall not be deemed a defect. An insignificant reduction of quality shall not be considered a relevant defect. 2.5.3 Customer is obliged to immediately report defects and provide relevant information known to Customer that could help EXASOL to identify the cause of the defect in question. In the event of a defect, EXASOL may remedy the defect by delivery of software that is not defective, or by providing the possibility to work around the effects of the defect. In case of a defect, at least three remedy attempts shall be accepted. An equal value program version or the equivalent prior program version without the defect shall be accepted by Customer as remedy as far as reasonable. If a new version of the Software is provided in exchange for an older version, the older version shall be destroyed or upon request handed over to EXASOL. 2.5.4 Customer shall provide EXASOL with assistance in error analysis and the fixing of defects by describing the defect which occurred, delivering comprehensive information to EXASOL and granting time and opportunity to fix the defect. EXASOL can fix the defect at its choice remotely or at Customer’s premises. EXASOL may also provide services via remote maintenance. Customer shall provide the necessary technical requirements at Customer’s own expense and shall provide remote access to the Software upon prior notification and agreement. 2.5.5 If EXASOL does not successfully complete the remedy of defects within an appropriate time frame, Customer is entitled to set an adequate grace period (usually at least 2 weeks) with threat of final refusal. After expiration of the grace period, Customer may within 2 wee...