Performance of Existing Software Sample Clauses

Performance of Existing Software. Except as may be set forth in Section 3.17(d) of the Company Disclosure Schedule, all Software and products incorporating such Software that the Company has distributed to another person (including any alpha or beta versions that are currently being used by a third party for evaluation or testing purposes), that have been designed by the Company for commercial distribution, or that have been used by the Company in connection with the performance of data processing or other services, perform in all material respects, free of significant bugs or programming errors, each of the functions described in any published specifications, end-user documentation or other information provided to distributors or customers of the Company on which such distributors or customers relied when using, licensing or otherwise acquiring, distributing or reselling such Software or products.
Sample 1
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Performance of Existing Software. Products Section 2.14(m).................................... Restrictions on Employees Section 2.14(n)....................................
Sample 1Sample 2
Performance of Existing Software. Products Section 2.15(p)....................................Year 2000 Compliance Section 2.16.......................................Insurance Section 2.17.......................................Restrictions on Business Activities Section 2.18.......................................Real Property Leases Section 2.20.......................................Product Warranties Section 2.21.......................................Material Contracts Section 2.25.......................................Affiliates Section 4.1........................................Conduct of Business Section 4.1(b).....................................Option Grants Section 4.1(c).....................................
Sample 1
Performance of Existing Software. Schedule 3.15(n) sets forth (i) a complete and accurate list, as of a date within 30 days prior to the date hereof, of the Company’s deployed releases of its software products and the customers utilizing each such release and (ii) a complete and accurate copy, as of a date within 30 days prior to the date hereof, of the 44 Company’s Product Patch and Release Plan. To the Company’s Knowledge, except as specified in Section 3.15(n) of the Disclosure Schedule, all software products marketed, distributed, licensed or sold by the Company or a Subsidiary of the Company, and all software provided by the Company to its customers or used by the Company or any of its Subsidiaries in connection with the performance of electronic clearinghouse services or other services, perform, in all material respects, free of material bugs, viruses or programming errors that adversely affect the functionality of such software products, including, without limitation, the functions described in any agreed specifications or end user documentation or other information provided to customers of the Company or its Subsidiaries on which such customers relied when licensing or otherwise acquiring such products, except for any failure with respect to the foregoing that do not provide the customers of the Company or its Subsidiaries with the right to return such software products to the Company or to sxx the Company for damages. No such software products or software includes any such bugs, viruses or programming errors that would be reasonably expected to have a Material Adverse Effect.
Sample 1
Performance of Existing Software. Except as set forth in Schedule 4.17(j), the Owned Software conforms to the documentation for such Owned Software and performs in all material respects, free of Disabling Codes. Except as set forth in Schedule 4.17(j), no Person has been allowed to access, use, copy or distribute any Owned Software except pursuant to a valid, enforceable End User License Agreement.
Sample 1

Related to Performance of Existing Software

  • Performance of Material Contracts Perform and observe all the terms and provisions of each Material Contract to be performed or observed by it, maintain each such Material Contract in full force and effect, enforce each such Material Contract in accordance with its terms, take all such action to such end as may be from time to time requested by the Administrative Agent and, upon request of the Administrative Agent, make to each other party to each such Material Contract such demands and requests for information and reports or for action as any Loan Party or any of its Subsidiaries is entitled to make under such Material Contract, and cause each of its Subsidiaries to do so, except, in any case, where the failure to do so, either individually or in the aggregate, could not be reasonably likely to have a Material Adverse Effect.

  • Performance Warranty Each Party hereby warrants and guarantees the performance of any and all rights and obligations of this Agreement by its Affiliates and Sublicensees.

  • Third Party Software Customer acknowledges that in order for MyEcheck to perform the Consulting Services, Customer may need to obtain additional third party services ("Third Party Services") or third party technology ("Third Party Technology"). Customer agrees that the rights and licenses with respect to Third Party Technology and Third Party Services shall be under terms set forth in the pertinent purchase, license or services agreements between Customer and the vendors of such Third Party Software or Third Party Services. Customer shall execute and comply with appropriate purchase, license, or services agreements with respect to any Third Party Software or Third Party Services. Any amounts payable to third party vendors or service providers under such agreements are the sole responsibility of Customer and shall be paid directly by Customer to such third party vendors or service providers. MyEcheck Services Agreement

  • Product and Service Warranties 21- SECTION 3.30

  • Performance of Contracts The Company shall not materially ------------------------ amend, modify, terminate, waive or otherwise alter, in whole or in part, any of the Employee Nondisclosure and Developments Agreements without the consent of the Company's Board of Directors.

  • Software Warranty NETGEAR warrants to the end-user that each item of Software, as delivered or updated by NETGEAR and properly installed and operated on the Hardware or other equipment it is originally licensed for, will function substantially as described in its then-current user documentation during its respective warranty period. If any item of Software fails to so perform during its warranty period, as the sole remedy NETGEAR or NETGEAR's supplier will at its discretion provide a suitable fix, patch or workaround for the problem which may be included in a future revision of the Software. For specific Software which is distributed by NETGEAR as a licensee of third parties, additional warranty terms offered by such third parties to end-users may apply.

  • Licensed Software Section 3.17(f).......................................27

  • Software License Agreement McDATA agrees that all Licensed Software will be distributed to Customers subject to a Software License Agreement (including warranty statement), along with a McDATA Manual, in a manner which is (a) no less protective of BROCADE's Intellectual Property Rights in the Licensed Software than the form attached hereto as Exhibit D, and (b) legally enforceable in the jurisdictions in which the Licensed Software, as incorporated into the McDATA Products, is distributed.

  • Ownership of Software and Related Materials All computer programs, written procedures and similar items developed or acquired and used by the Administrator in performing its obligations under this Agreement shall be the property of the Administrator, and no Series will acquire any ownership interest therein or property rights with respect thereto.

  • Provision of Services by Third Parties The Administrator shall, to the extent it determines that it would be advisable in connection with or incidental to the activities contemplated hereby, arrange for and coordinate the services of other professionals, experts and consultants to provide any or all of the Services, in which case, the costs and expenses of such third parties for providing such services shall be borne by the Administrator other than as set forth in Section 3; it being understood that the Administrator shall not charge to the Issuer any fees in addition thereto with respect to such outsourced Painting-Level Services that are described in Section 1(a)(i) and Entity-Level Services described in Section 1(a)(ii), but the Administrator shall be entitled to reimbursement for third party costs incurred in connection with Non-Routine Services described in Section 1(a)(iii) as set forth in Section 3(b). Reimbursement for Non-Routine Services shall be reimbursed by the Issuer out of the proceeds from a sale of the Painting. In addition, Masterworks may determine to sell the Painting without engaging a third-party intermediary, in which event, the Administrator would charge the buyer of the Painting a reasonable fee not to exceed the lowest published buyer’s premium charged by Sotheby’s, Christie’s or Pxxxxxxx in effect at such time.

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