Product Compliance with Documentation. We warrant to you that, for six (6) months from delivery (in the case of an On-Premise Product) or for the duration of the license (in the case of a Hosted Service), the Product will comply with the applicable Documentation in all material respects. Your exclusive remedy, and our sole liability, with respect to any breach of this warranty will be for us to use commercially reasonable efforts to promptly correct the non-compliance (provided that you notify us in writing within the warranty period and allow us a reasonable cure period). If we, at our discretion, reasonably determine that correction is not economically or technically feasible, we may terminate your license to the Product and provide you a full refund of the fees paid to us with respect to the Product (in the case of an On-Premise Product) or a refund of the prepaid fees for the unused portion of the license period (in the case of a Hosted Service). Delivery of additional copies of, or Updates to, the Product will not restart or otherwise affect the warranty period.
Product Compliance with Documentation. 7.2.1 You shall be granted the technical possibility to access the software, which is installed on-premise in your realm. The source code of the software shall neither be leased nor provided together with the software. The contractually owed condition of the Software shall be determined in the contract, the product description and the application documentation.
7.2.2 We are obligated to maintain the contractually agreed condition of the software during the term of the contract ("Maintenance"). In order to fulfil its duty of maintenance, we shall carry out the maintenance and servicing measures required in accordance with the state of the art.
7.2.3 We shall not owe to the Licensee any further quality of the software. In particular, we do not owe an adaptation to your specific individual needs or your IT environment. You shall take reasonable precautions in the event that the programme does not work properly in whole or in part (e.g. by means of data backup, documentation of software use, fault diagnosis, regular testing of results, emergency planning). It is your responsibility to ensure the operability of the programme's working environment. The contractual use of the software product requires that your hardware and software including e.g. workstation computers, routers, data communication equipment, meet the minimum technical requirements for the use of the software product. The configuration of your IT system required for the use of the software product is your responsibility. You shall receive instructions from us in the application documentation on what to do in the event of a complete failure of the software product or in the event of significant impairments that hinder operation. You shall familiarise yourself with the information in the instructions and draw up an emergency plan for his operation considering the information contained in the instructions. If the licensed items should fail completely or if its use is only possible in a way that significantly impedes your operation, you shall immediately take measures to maintain its operation on the basis of the instructions and the contingency plan. You shall be obliged to notify us immediately of software defects. In doing so, you shall consider the information of us regarding the analysis of problems to the extent that this is reasonable for you and shall forward to us all information that is available to you and required for removing the defect. You undertake not to violate applicable law, offici...
Product Compliance with Documentation. We warrant to you that, as of the moment of the delivery (in the case of an On-Premise Product) or for the duration of the license (in the case of a Hosted Service), the Product will comply with the applicable Documentation in all material respects under normal use and service, while despite of the data back-up ability of the Software, you are finally liable for the content of these data back-ups and the scope of such data back-ups. Due to variations in hardware, software, internet connections, and individual usage, Licensor does not warrant the performance of the Software in your specific IT environment or in your internal systems. Licensor does not warrant against interference with your use of the Software; that the Software will meet a particular purpose; that operation of the Software will be uninterrupted or error-free; or that the Software will be compatible with third-party software or hardware or that any errors in the Software will be corrected. No oral or written statement or advice provided by Licensor or any authorized representative shall create a warranty. Because some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, some or all of the above exclusions and limitations may not apply to you, should you meet the characteristic of the consumer in your particular country.
