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.
b) Oracle agrees to use all reasonable efforts to comply with any applicable self-regulatory guidelines.
c) Oracle does not warrant that the Services will be performed error-free or uninterrupted, that it will correct all errors in the Services, or that the Services will meet the Client’s requirements or expectations.
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 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).
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 figures contained in Deliverables will be estimates derived from sample surveys and subject to the limits of statistical 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.
b) Oracle agrees to use all reasonable efforts to comply with any applicable self-regulatory guidelines.
c) Oracle does not warrant that the Services will be performed error-free or uninterrupted, that it will correct all errors in the Services, or that the Services will meet the Client’s requirements or expectations.
d) After having given notice pursuant to Section 5.2 a), Client shall provide Oracle with the opportunity to remedy the notified case of warranty deficiency. If this is substantially achieved then any potential breach of duty by Oracle is deemed to have been remedied. If the case of warranty deficiency cannot be remedied by a reasonable deadline, Client shall be entitled to terminate the deficient Services for cause with a reasonable grace period and Oracle will refund to Client the fees for the terminated Services that Client prepaid to Oracle for the period following the effective date of termination. In the case of intentional or negligent malperformance on the part of Oracle, Client might have, in addition to the aforementioned termination right, a claim for damages subject to the limitations set forth in Section 9.1.
