PERFORMANCE WARRANTY REMEDY. 7.1 If ConnectWise has breached the warranty set forth in the section entitled: Performance Warranty, Client’s remedy is for ConnectWise to, in consultation with Client, to either (i) use reasonable efforts consistent with industry standards to cure the defect, or (ii) replace the ConnectWise Software(s) with one that materially complies with the Documentation, or (iii) terminate the license and provide a pro-rata refund of the license fees paid and or Assurance fees. If option (iii) applies, the pro-rata refund shall be calculated on the number of months left remaining on the Term of the applicable Schedule or if the ConnectWise Software is licensed under a Perpetual License, using (only for purposes of a refund calculation) an amortization schedule of three (3) years.
7.2 Warranty remedies are conditioned upon (i) any error or defect complained of is reasonably reproducible by ConnectWise, (ii) the ConnectWise Software is not modified and is being used in accordance with ConnectWise Documentation, and (iii) the breach is not attributable in whole or in part to any non-ConnectWise product(s) or service(s).
7.3 THE ABOVE WARRANTIES ARE THE SOLE WARRANTIES PROVIDED BY CONNECTWISE. NO OTHER WARRANTIES, INCLUDING THAT THE CONNECTWISE SOFTWARE IS ERROR FREE, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR SUITABILITY AND/OR THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE ARE MADE BY CONNECTWISE OR ITS SUPPLIERS.
PERFORMANCE WARRANTY REMEDY. Customer shall notify Licensor in writing of any claim that the Software is not functioning in accordance with the Customer Documentation (the “Warranty Notice”). The Warranty Notice will include sufficient information to allow Licensor to duplicate the defect or error. Licensor will promptly repair or replace, or create a Workaround (as defined in Exhibit 1) for, any Software that fails to meet the performance warranty. If Licensor fails to correct or create a workaround for a defect reported by Customer within thirty (30) days after the defect was reported, Customer shall have the option to terminate this Agreement in which case Licensor shall refund to Customer any pre-paid license fees, pro-rated based on the number of days elapsed, and the number of days remaining in, the then-current License Term. If Customer exercises its termination option, it shall have the right to continue to use the Software under the terms of this Agreement for a transition period of up to 180 days, subject to Customer’s continued compliance with all of the terms and conditions of this Agreement and each Order From.
PERFORMANCE WARRANTY REMEDY. If Atlassian breaches a Performance Warranty and Customer makes a reasonably detailed warranty claim within 30 days of discovering the issue, Atlassian will use reasonable efforts to correct the non-conformity. If Atlassian determines such remedy to be impracticable, either party may terminate the affected Subscription Term. Atlassian will then refund to Customer any pre-paid, unused fees for the terminated portion of the Subscription Term. These procedures are Customer’s exclusive remedy and Atlassian’s entire liability for breach of a Performance Warranty.
PERFORMANCE WARRANTY REMEDY. In the event of breach of the above stated Performance Warranty, Licensee’s remedy is for HCLSoftware, in consultation with Licensee, to either (i) use reasonable efforts consistent with industry standards to repair the defect within a commercially reasonable time frame, (ii) replace the affected Program(s) with one that materially complies with the Documentation, or in the event (i) or (ii) do not resolve the issue to then (iii) terminate the license and provide a pro-rata refund of the license fees paid and/or Support fees to Licensee. If option (iii) applies, the pro-rata refund shall be calculated on the number of months left remaining on the Term of the applicable Order or if the Program(s) is licensed under a perpetual license, using (only for purposes of a refund calculation) an amortization schedule of three (3) years. The above warranty remedies are HCLSoftware’s sole obligation and Licensee’s sole and exclusive remedy for breach of the above Performance Warranty. The Performance Warranty Remedy is conditioned upon (i) any error or defect reported is reasonably reproducible by HCLSoftware, (ii) the Program(s) is not modified and is being used in accordance with the Documentation and the terms of the Agreement, and (iii) the breach is not attributable in whole or in part to any non-HCLSoftware products or services.
PERFORMANCE WARRANTY REMEDY. 6.1 If Matrix42 has breached either a Warranty set forth in the section entitled: “Performance Warranty”, Matrix42 may, in consultation with Customer, either a) use reasonable efforts consistent with industry standards to cure the defect, or b) replace the Matrix42 Software with one that materially complies with the documentation or service description.
6.2 If the defect cannot be cured within a reasonable period of time or if the rectification of the defect or replacement has finally failed, Customer shall have a) in case of a Subscription License and/or SaaS the right to reasonably reduce the fees agreed with Matrix42 and/or terminate immediately for cause, if the legal or statutory requirements are met;
b) in case of a perpetual license, at its option, the right (1) to rescind or reduce the fees agreed in the applicable ordering document and (2) claim damages or to claim reimbursement of futile expenditures. The right to claim damages or futile expenditures shall be subject to the limitations of liability set forth in Section 7.
6.3 In the case of leased Software, strict liability on the part of Matrix42 for defects existing upon conclusion of a contract (Section 536 (a) of the German Civil Code) shall be excluded.
6.4 In case of a Perpetual License the warranty claims stated herein shall become time-barred within 1 year after delivery of the Matrix42 Software. This shall not apply in the event of willful misconduct, gross negligence or breach of essential contractual obligations within the meaning of section 8.1.
6.5 Warranty remedies are conditioned upon a) any error or defect complained of is reasonably reproducible by Matrix42, b) the breach is not attributable in whole or in part to any non-Matrix42 products or services.
6.6 The warranties set out in this Agreement are the sole warranties provided by Matrix42. Matrix42 or its supplier do not warrant any other warranties, including that Matrix42 Software is error free, whether express or implied, including, without limitation, the implied warranties of satisfactory quality, warranty of fitness for a particular purpose.
6.7 In the case of standard software that has been produced by third parties, and this has been indicated in the quotation, the Customer shall assert any potential claims arising from defects in the first instance against the producers of the software in question. Only where such claims against a producer remain unfulfilled due to circumstances that are not the responsibility of the C...
PERFORMANCE WARRANTY REMEDY. 7.1 If CA has breached either warranty set forth in the section entitled: Performance Warranty, Customer’s remedy is for CA to, in consultation with Customer, to either (i) use reasonable efforts consistent with industry standards to cure the defect, or (ii) replace the CA Software(s) with one that materially complies with the Documentation, or (iii) terminate the license and provide a pro- rata refund of the license fees paid and/or Support fees to Customer or CA Partner (wherefrom the non-compliant CA Offering was procured). If option (iii) applies, the pro-rata refund shall be calculated on the number of months left remaining on the Term of the applicable Transaction Document or if the CA Software is licensed under Perpetual License, using (only for purposes of a refund calculation) an amortization schedule of three (3) years. The above warranty remedies are CA’s sole obligation and Customer’s sole and exclusive remedy for breach of the above warranty.
7.2 Warranty remedies are conditioned upon (i) any error or defect reported is reasonably reproducible by CA, (ii) the CA Software is not modified and is being used in accordance with CA Documentation, and (iii) the breach is not attributable in whole or in part to any non-CA product(s) or service(s).
PERFORMANCE WARRANTY REMEDY. If Sunflare determines following a Warranty Claim that a Module has a Performance Defect, then Sunflare shall, at its sole discretion, within a reasonable time: (i) remedy or repair the Performance Defect; (ii) provide a replacement module in place of the Module(s) that has the Performance Defect; or (iii) make up the difference to the guaranteed power output by replacing the Module(s) or providing additional modules.
