Oracle Warranties Sample Clauses

Oracle Warranties a) Oracle warrants that Services will be provided in a professional manner consistent with industry standards. However, the Client acknowledges and accepts that: (i) the response rates to surveys/questionnaires cannot be predicted and are not guaranteed by Oracle; (ii) all figurescontained in Deliverables will be estimates derived from sample surveys and subject to the limits ofstatistical errors/rounding up or down, and (iii) that time is not of the essence. Client hereby acknowledges that it shall be solely responsible for the consequences of any action taken by it based on any document, recommendation or opinion provided by Oracle. In no event shall Oracle be liable to the Client for any loss or damage whatsoever with respect to any conclusions and/or recommendations made by Oracle in relation to the Services or any reliance thereupon by the Client unless otherwise stated within this Agreement oras a matter of law. Client must notify Oracle of any warranty deficiencies within ninety (90) days of performance of the deficient Services.
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Oracle Warranties. Oracle represents, warrants, and covenants as follows: (i) Oracle possesses all rights necessary to grant to Customer the rights set forth in this Agreement; (ii) the Software will perform substantially in accordance with the Documentation; and (iii) Professional Services shall be provided in a professional manner consistent with industry standards. Customer must notify Oracle in writing of any claim by Customer that the Software does not perform substantially in accordance with the Documentation no later than ten (10) business days after the last day of the month in which the non-performance occurred. Customer must notify Oracle in writing of any claim by Customer that the Professional Services were not provided in a professional manner consistent with industry standards within ninety (90) days of completion of the Professional Services engagement (normally a statement of work) under which the Professional Services were delivered. ORACLE DOES NOT GUARANTEE OR WARRANT THAT THE SOFTWARE WILL PERFORM ERROR-FREE OR UNINTERRUPTED OR THAT ORACLE WILL CORRECT ALL SOFTWARE ERRORS. FOR ANY BREACH OF THE ABOVE WARRANTIES, CUSTOMER’S EXCLUSIVE REMEDY AND ORACLE’S ENTIRE LIABILITY SHALL BE: (A) FOR ORACLE TO CORRECT THE SOFTWARE ERRORS THAT CAUSED BREACH OF THE WARRANTY; OR, IF ORACLE CANNOT CORRECT SUCH BREACH IN A COMMERCIALLY REASONABLE TIMEFRAME, CUSTOMER MAY TERMINATE ITS ORDER FOR THE SPECIFIC SOFTWARE MODULE THAT IS IN BREACH AND RECEIVE A REFUND OF THE PRORATED AMOUNT OF THE FEES PREPAID BY CUSTOMER FOR SUCH SOFTWARE MODULE THAT WERE TO APPLY TO THE REMAINDER OF THE UNEXPIRED TERM, AS CALCULATED FROM THE TERMINATION DATE THROUGH THE REMAINDER OF THE UNEXPIRED TERM; OR (B) FOR ORACLE TO REPERFORM THE DEFICIENT PROFESSIONAL SERVICES.
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Oracle Warranties. Oracle warrants that (i) Oracle has the power and authority to enter into and perform its obligations under this Agreement, and (ii) during the Term, Oracle will perform the Services in all material respects as described in the Product Terms. If the Services provided to Client were not performed as warranted, Client must promptly provide Oracle with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services, and otherwise in accordance with any requirements set forth in the applicable Product Terms).
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Related to Oracle Warranties

  • Service Warranties Contractor warrants that: (i) the Services will be rendered with promptness and diligence and will be executed in a workmanlike manner, in accordance with the practices and professional standards used in well-managed operations performing services similar to the Services; and (ii) Contractor will perform the Services in the most cost-effective manner consistent with the required level of quality and performance. Contractor warrants that each Deliverable will conform to and perform in accordance with the requirements of this Agreement and all applicable specifications and documentation. For each such Deliverable, the foregoing warranty shall commence for such Deliverable upon the JBE’s acceptance of such Deliverable, and shall continue for a period of one (1) year following acceptance. In the event any Deliverable does not to conform to the foregoing warranty, Contractor shall promptly correct all nonconformities to the satisfaction of the JBE.

  • Your Warranties You warrant that You have validly entered into this Agreement and have the legal power to do so.

  • Limited Warranties State Street represents and warrants that it is the owner of and has the right to grant access to the System and to provide the Remote Access Services contemplated herein. Because of the nature of computer information technology including, but not limited to, the use of the Internet, and the necessity of relying upon third party sources, and data and pricing information obtained from third parties, the System and Remote Access Services are provided “AS IS”, and the Customer and its Authorized Designees shall be solely responsible for the investment decisions, results obtained, regulatory reports and statements produced using the Remote Access Services. State Street and its relevant licensors will not be liable to the Customer or its Authorized Designees for any direct or indirect, special, incidental, punitive or consequential damages arising out of or in any way connected with the System or the Remote Access Services, nor shall either party be responsible for delays or nonperformance under this Addendum arising out of any cause or event beyond such party’s control. State Street will take reasonable steps to ensure that its products (and those of its third-party suppliers) reflect the available state of the art technology to offer products that are Year 2000 compliant, including, but not limited to, century recognition of dates, calculations that correctly compute same century and multi century formulas and date values, and interface values that reflect the date issues arising between now and the next one-hundred years, and if any changes are required, State Street will make the changes to its products at no cost to you and in a commercially reasonable time frame and will require third-party suppliers to do likewise. The Customer will do likewise for its systems. EXCEPT AS EXPRESSLY SET FORTH IN THIS ADDENDUM, STATE STREET, FOR ITSELF AND ITS RELEVANT LICENSORS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES CONCERNING THE SYSTEM AND THE SERVICES TO BE RENDERED HEREUNDER, WHETHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. Infringement State Street will defend or, at our option, settle any claim or action brought against the Customer to the extent that it is based upon an assertion that access to the System or use of the Remote Access Services by the Customer under this Addendum constitutes direct infringement of any patent or copyright or misappropriation of a trade secret, provided that the Customer notifies State Street promptly in writing of any such claim or proceeding and cooperates with State Street in the defense of such claim or proceeding. Should the System or the Remote Access Services or any part thereof become, or in State Street’s opinion be likely to become, the subject of a claim of infringement or the like under any applicable patent or copyright or trade secret laws, State Street shall have the right, at State Street’s sole option, to (i) procure for the Customer the right to continue using the System or the Remote Access Services, (ii) replace or modify the System or the Remote Access Services so that the System or the Remote Access Services becomes noninfringing, or (iii) terminate this Addendum without further obligation.

  • Our Warranties We warrant that (i) the Services shall perform materially in accordance with the User Manual, and (ii) the functionality of the Services will not be materially decreased during a Subscription Term. For any breach of either such warranty, Your exclusive remedy shall be as provided in Section 13.3 (Termination for Cause) and Section 13.4 (Refund or Payment upon Termination) below.

  • SUPPLIER’S WARRANTIES 7.1 Supplier warrants that the Goods:

  • Customer Warranties Customer represents and warrants that:

  • Vendor’s Warranties CONTRACTOR irrevocably appoints the LEA its agent and attorney-in-fact during the term of this Agreement, so long as the LEA shall not be in default hereunder for the purpose of asserting from time to time whatever claims and rights which CONTRACTOR may have against the Vendor, including warranty claims with respect to the Accepted Buses, but for no other purpose whatsoever. The LEA’s sole remedy for the breach of a warranty shall be against the Vendor and not against CONTRACTOR, nor shall such matters have any effect whatsoever of this Agreement, including the LEA’s obligation to make timely Installment Payments hereunder. The LEA expressly acknowledges that CONTRACTOR makes, and has made, no representation or warranties whatsoever as to the existence or availability of such warranties from the Vendor.

  • Customer’s Warranties The Customer warrants that:

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