Platform Warranty Sample Clauses

Platform Warranty. Learning Explorer warrants that the Platform will be capable of performing in all material respects in accordance with the functional specifications set forth in the applicable Documentation. As Customer’s sole and exclusive remedy and Learning Explorer’s entire liability for any breach of this warranty, Learning Explorer will, at its option: (a) promptly correct any portion of the Platform that fails to meet this warranty; (b) provide Customer with a reasonable procedure to circumvent the nonconformity; or (c) refund the License Fees paid by Customer for the non-conforming Platform.
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Platform Warranty. Papaya represents and warrants that, under normal authorized use, the Platform shall substantially support the anticipated Services. In the event that Xxxxxx is unable to repair the Platform as to support all material aspects of the Service within a commercially reasonable period of time, then the Customer shall be entitled to terminate this Agreement upon a sixty (60) days' written notice. The foregoing Platform warranty shall not apply if the failure or defect results from or is otherwise attributable to: (i) repair, maintenance or modification of the Platform by persons other than Papaya or its authorized suppliers; (ii) accident, negligence, abuse or misuse of the Platform by the Customer; or (iii) use of the Platform other than in accordance with the terms of the Services or in violation of the “Platform Use Restrictions” set forth in this Agreement. Other than as explicitly stated under this Agreement, to the extent permitted by applicable law, the Platform is provided on an “as is” basis. Papaya does not warrant that the Platform will meet Customer's requirements or that the Papaya Platform’s operation and the services will be uninterrupted or error-free. To the extent permitted by law, Xxxxxx expressly disclaims all express warranties and all implied warranties, including, but not limited to, warranties of merchantability, quality, non-infringement, fitness for a particular purpose, and any warranties arising out of course of dealing or usage of trade.
Sample 1
Platform Warranty. Plant an App warrants that the Platform will perform in all material respects with the functions described in the then-current Plant an App product documentation included in the Platform for the entire duration of Subscription(s). This warranty does not apply if the Platform is not administered by Customer in accordance with this Agreement, or any applicable instructions and training provided by Plant an App. If the Platform fails to operate as warranted in this Section 7.2 and Customer notifies Plant an App in writing of the nature of the non-conformance (“Notice”), Plant an App will use commercially reasonable efforts to promptly repair or replace the non-conforming Platform without charge. If, after a reasonable opportunity to cure, Plant an App does not remedy the non-conformance, Customer may no later than sixty (60) days after giving the Notice, terminate the Platform portion of the Order Form and receive a refund of the prepaid Platform fees for the period following the date of Notice. The foregoing provides Customer’s sole remedy for breach of the exclusive warranty in this Section 7.2.
Sample 1

Related to Platform Warranty

  • Software Warranty We warrant that the Tyler Software will perform without Defects during the term of this Agreement. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the maintenance and support process set forth in Section C(9), below, the SLA and our then current Support Call Process.

  • Hardware Warranty A. RISK OF LOSS If you purchase any of the hardware Products directly from us, risk of loss or damage to hardware, will pass to you and acceptance will occur upon delivery to your “ship to” address or, if special shipping arrangements are agreed to, upon delivery to your carrier or designee. Title to hardware Products will pass from HPE to you upon full payment for or delivery of the Products, whichever is later. You agree to properly insure the Products for the benefit of HPE between the time risk of loss and damage pass and the time title passes.

  • Limited Warranty If Customer obtained the Software directly from TIBCO, then TIBCO warrants that for a period of thirty (30) days from the Purchase Date: (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current release.

  • 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.”

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