Common use of Our Warranties Clause in Contracts

Our Warranties. We represent and warrant that (i) We have validly entered into this Agreement and have the legal authority to do so, (ii) the Services shall perform materially in accordance with the User Guide, (iii) the functionality of the Services will not be materially decreased during a subscription term, and (iv) We will not transmit Malicious Code to You, provided you are not in breach of this subsection (iv) if You or a User uploads a file containing Malicious Code into the Services and later downloads that file containing Malicious Code. For any breach of a warranty above, Your exclusive remedy shall be as provided in Section 10.3 (Termination for Cause) and Section 10.4 (Refund or Payment upon Termination) below.

Appears in 3 contracts

Samples: Questica Software Subscription Agreement, Questica Software Subscription Agreement, Agreement

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Our Warranties. We represent and warrant that (i) We have validly entered into this Agreement and have the legal authority power to do so, (ii) the Services shall perform materially in accordance with the User Guide, (iii) the functionality of the Services will not be materially decreased during a subscription term, and (iv) We will not transmit Malicious Code to You, provided you are it is not in a breach of this subsection subpart (iv) if You or a User uploads a file containing Malicious Code into the Services and later downloads that file containing Malicious Code. For any breach of a warranty above, Your exclusive remedy shall be as provided in Section 10.3 11.3 (Termination for Cause) and Section 10.4 11.4 (Refund or Payment upon Termination) below.

Appears in 3 contracts

Samples: Master Subscription Agreement, Master Subscription Agreement, Master Subscription Agreement

Our Warranties. We represent and warrant that (i) We have validly entered into this Agreement and have the legal authority power to do so, (ii) the Services shall perform materially in accordance with the User Guide, (iii) , the functionality of the Services will not be materially decreased during a subscription term, and (iv) We will not transmit Malicious Code to You, provided you are it is not in a breach of this subsection subpart (iv) if You or a User uploads a file containing Malicious Code into the Services and later downloads that file containing Malicious Code. For any breach of a warranty above, Your exclusive remedy shall be as provided in Section 10.3 11.3 (Termination for Cause) and Section 10.4 11.4 (Refund or Payment upon Termination) below.

Appears in 1 contract

Samples: Master Subscription Agreement

Our Warranties. We represent and warrant that (i) We have validly entered into this Agreement and have the legal authority power to do so, (ii) the Services shall perform materially in accordance with the User Guide, (iii) , the functionality of the Services will not be materially decreased during a subscription term, and (iv) We will not transmit Malicious Code to You, provided you are it is not in a breach of this subsection subpart (iv) if You or a User uploads a file containing Malicious Code into the Services and later downloads that file containing Malicious Code. For any breach of a warranty above, Your exclusive remedy shall be as provided in Section 10.3 11.3 (Termination for Cause) and Section 10.4 11.4 (Refund or Payment upon Termination) below. 8.2.

Appears in 1 contract

Samples: Master Subscription Agreement

Our Warranties. We represent and warrant that that: (i) We have validly entered into this Agreement and have the legal authority power to do so, ; (ii) the Services shall perform materially in accordance subject to Section 4.3 (Integration with the User GuideSMART Systems Service), (iii) the functionality of the Services Service will not be materially decreased during a subscription term, ; and (iviii) We will not transmit Malicious Code to You, ; provided you are it is not in a breach of this subsection subpart (iv) if You or a User uploads a file containing Malicious Code into the Services Service and later downloads that file containing Malicious Code. For any breach of a warranty above, Your exclusive remedy shall be as provided in Section 10.3 11.3 (Termination for Cause) and Section 10.4 11.4 (Refund or Payment upon Termination) below.

Appears in 1 contract

Samples: Saas) Agreement

Our Warranties. We represent and warrant that (i) We have validly entered into this Agreement and have the legal authority power to do so, (ii) the Services shall perform materially in accordance with the User Guide, (iii) the functionality of the Services will not be materially decreased during a subscription term, and (iv) We will not transmit Malicious Code to You, provided you are it is not in a breach of this subsection subpart (iv) if You or a User uploads a file containing Malicious Code into the Services and later downloads that file containing Malicious Code. For any breach of a warranty above, Your exclusive remedy shall be as provided in Section 10.3 12.3 (Termination for Cause) and Section 10.4 12.4 (Refund or Payment upon Termination) below.

Appears in 1 contract

Samples: Master Subscription Agreement

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Our Warranties. We represent and warrant that (i) We have validly entered into this Agreement and have the legal authority to do so, (ii) the Services shall perform materially in accordance with the User Guide, (iii) the functionality of the Services will not be materially decreased during a subscription term, and (iv) We will not transmit Malicious Code to You, provided you are it is not in breach of this subsection (iv) if You or a User uploads a file containing Malicious Code into the Services and later downloads that file containing Malicious Code. For any breach of a warranty above, Your exclusive remedy shall be as provided in Section 10.3 (Termination for Cause) and Section 10.4 (Refund or Payment upon Termination) below.

Appears in 1 contract

Samples: Questica Software Subscription Agreement

Our Warranties. We represent and warrant that (i) We have validly entered into this Agreement and have the legal authority power to do so, (ii) the Services shall perform materially in accordance with the User Guide, (iii) the functionality of the Services will not be materially decreased during a subscription term, and (iv) We will not transmit Malicious Code to You, provided you are it is not in a breach of this subsection subpart (ivv) if You or a User uploads a file containing Malicious Code into the Services and later downloads that file containing Malicious Code. For any breach of a warranty above, Your exclusive remedy shall be as provided in Section 10.3 11.3 (Termination for Cause) and Section 10.4 11.4 (Refund or Payment upon Termination) below.

Appears in 1 contract

Samples: Goplanogram Subscription Agreement

Our Warranties. We represent and warrant that (i) We have validly entered into this Agreement and have the legal authority power to do so, (ii) the Services shall perform materially in accordance with the User Solution Guide, (iii) the functionality of the Services will not be materially decreased during a subscription term, and (iv) We will not transmit Malicious Code to You, provided you are it is not in a breach of this subsection subpart (iv) if You or a User uploads a file containing Malicious Code into the Services and later downloads that file containing Malicious Code. For any breach of a warranty above, Your exclusive remedy shall be as provided in Section 10.3 (Termination for Cause) and Section 10.4 (Refund or Payment upon Termination) below.

Appears in 1 contract

Samples: Master Subscription Agreement

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