Performance of Existing Software Sample Clauses

Performance of Existing Software. Except as may be set forth in the 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, except with respect to errors that would customarily be handled under a software maintenance agreement.
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. 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 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
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

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 Contractor shall warrant all work under this Contract, taking necessary steps and precautions to perform the work to County’s satisfaction. Contractor shall be responsible for the professional quality, technical assurance, timely completion and coordination of all documentation and other goods/services furnished by the Contractor under this Contract. Contractor shall perform all work diligently, carefully, and in a good and workmanlike manner; shall furnish all necessary labor, supervision, machinery, equipment, materials, and supplies, shall at its sole expense obtain and maintain all permits and licenses required by public authorities, including those of County required in its governmental capacity, in connection with performance of the work. If permitted to subcontract, Contractor shall be fully responsible for all work performed by subcontractors.

  • Limited Software Warranty MyECheck represents, warrants, and covenants that: MyECheck warrants to the original end user (“Customer”), and not to subsequent end users, of the Extreme Networks software product (“Software”) that for ninety (90) days from the date of installation of the Software from MyECheck, the Software shall substantially conform with the specification for the Software at the (“Documentation”). MyECheck does not warrant (i) that the Software is error free, (ii) that Customer will be able to operate the Software without problems or interruptions or (iii) that the Software will be free of vulnerability to intrusion or attack. Except for the limited warranty set forth in this section, the Software is provided “AS IS.”

  • Third Party Software 1. The Software may contain third party software that requires and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions are located at xxxx://xxx.xxxxxxxxx.xxx/thirdparty/index.html and are made a part of and incorporated by reference into this XXXX. By accepting this XXXX, You are also accepting the additional terms and conditions, if any, set forth therein.

  • PERFORMANCE/ WARRANTIES Supplier warrants and undertakes that the Deliverables will be free from defects in material and workmanship and will conform to any specifications or requirements in the Agreement or agreed upon by the Parties in writing. Supplier warrants that if any Deliverable(s) fails to meet any such specifications or requirements or is otherwise nonconforming, Supplier will, at its own cost and expense and within 10 days of its receipt of written notice of such failure, either correct such deficiency or provide a plan acceptable to Accenture for correcting such deficiency. If such deficiency is not corrected within such 10-day period or a corrective plan is not accepted by Accenture, Accenture will have the option to require Supplier to: (i) provide a full refund; or (ii) promptly replace or reperform the Deliverable(s) at no charge. All Deliverables will be subject to an inspection and acceptance by Accenture, even if the Parties have not set forth any specifications or requirements regarding the Deliverables in the Agreement.

  • Product and Service Warranties 21- SECTION 3.30

  • Performance of the Services In addition to the Common Articles, it is specified that:

  • SOFTWARE LICENSE GRANT Where Product is acquired on a licensed basis the following shall constitute the license grant:

  • 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.

  • PERFORMANCE OF THE CONTRACT II.1.1. The Contractor shall perform the Contract to the highest professional standards. The Contractor shall have sole responsibility for complying with any legal obligations incumbent on him, notably those resulting from employment, tax and social legislation. II.1.2. The Contractor shall have sole responsibility for taking the necessary steps to obtain any permit or licence required for performance of the Contract under the laws and regulations in force at the place where the tasks assigned to him are to be executed. II.1.3. Without prejudice to Article II.3 any reference made to the Contractor’s staff in the Contract shall relate exclusively to individuals involved in the performance of the Contract. II.1.4. The Contractor must ensure that any staff performing the Contract have the professional qualifications and experience required for the execution of the tasks assigned to them. II.1.5. The Contractor shall neither represent the Agency nor behave in any way that would give such an impression. The Contractor shall inform third parties that he does not belong to the European public service. II.1.6. The Contractor shall have sole responsibility for the staff who execute the tasks assigned to him. II.1.7. In the event of disruption resulting from the action of a member of the Contractor's staff working on Agency premises or in the event of the expertise of a member of the Contractor's staff failing to correspond to the profile required by the Contract, the Contractor shall replace him without delay. The Agency shall have the right to request the replacement of any such member of staff, stating its reasons for so doing. Replacement staff must have the necessary qualifications and be capable of performing the Contract under the same contractual conditions. The Contractor shall be responsible for any delay in the execution of the tasks assigned to him resulting from the replacement of staff in accordance with this Article. II.1.8. Should any unforeseen event, action or omission directly or indirectly hamper execution of the tasks, either partially or totally, the Contractor shall immediately and on his own initiative record it and report it to the Agency. The report shall include a description of the problem and an indication of the date on which it started and of the remedial action taken by the Contractor to ensure full compliance with his obligations under the Contract. In such event the Contractor shall give priority to solving the problem rather than determining liability. II.1.9. Should the Contractor fail to perform his obligations under the Contract in accordance with the provisions laid down therein, the Agency may - without prejudice to its right to terminate the Contract - reduce or recover payments in proportion to the scale of the failure. In addition, the Agency may impose penalties or liquidated damages provided for in Article II.16.

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