Product Operation. 16.1 While all due care has been taken, ASC does not warrant that the operation of the Product will be uninterrupted or error free or that any third party components of the Product, will be accurate or error free or that the Product will be compatible with any application, program or software not specifically identified as compatible by ASC.
16.2 ASC’s obligation and the Client’s exclusive remedy during the Licence Period and any Renewal Period are limited, in ASC’s absolute discretion, to:
(a) ASC, at its own expense, using all reasonable endeavours to rectify any non- conformance of the Product by repair (by way of a patch, work around, correction or otherwise) within a reasonable period of time; or
(b) a refund of the Fees paid if, in ASC’s reasonable opinion, it is unable to rectify such non-conformance within a reasonable timescale or at an economic cost, whereupon this Agreement will terminate.
16.3 The Client acknowledges and accepts that it is the Client’s sole responsibility to ensure that:
(a) the facilities and functions of the Product and the ASCORA Service meet the Client’s requirements; and
(b) the Product accessed via the ASCORA Service is an appropriate means to assist the Client with its legislative compliance in the Client’s jurisdiction, and ASC does not purport to provide any legal, taxation or accountancy advice by providing the Service under this Agreement.
16.4 ASC will not be liable for any failure of the Product accessed via the ASCORA Service to provide any function not described in the Documentation or any failure attributable to:
(a) any modification to the Product or the Equipment other than by ASC;
(b) accident, abuse or misapplication of the Product or the ASCORA Service by the Client;
(c) use of the Product or the ASCORA Service with other software or equipment without ASC’s written consent;
(d) use of other than the latest, unaltered current release of the Product as provided by ASC through the ASCORA Service; or
(e) use other than in accordance with this Agreement.
16.5 If, upon investigation, a problem with the Product or the Client’s access to the ASCORA Service is determined not to be ASC’s responsibility, ASC may invoice the Client immediately for all reasonable costs and expenses incurred by ASC in the course of or in consequence of such investigation.
Product Operation. RadView warrants that the Products, and each of them, will, upon their initial delivery to Ixia l be reasonably free from any Nonconformities, and will operate and run in a reasonable and efficient manner as described in, and in conformance with the specifications and the end user documentation for the particular Product for a period of ninety (90) days following such delivery of Product. Should any Nonconformity be detected during such period and reported to RadView by Ixia during such period, then provided that the Non-Conformity is replicable and Ixia provides to RadView the information and assistance reasonably required by RadView to recreate the Non-Conformity and the circumstances of its occurrence, RadView shall address any such replicable Nonconformity with an effort commensurate with its severity and shall prepare and deliver to Ixia, at no charge to Ixia, a Correction within a reasonable period of time, as evaluated based on the severity of the Nonconformity and the sufficiency of interim or partial remedies which might be available pending a final cure of the Nonconformity. In the event RadView is unable to deliver a Correction within a reasonable period of time, notwithstanding its use of commercially reasonable efforts to do so, then Ixia shall be entitled to receive Source Materials pursuant to the provisions of Section 13.3. with respect to the Product experiencing the Nonconformity solely for the purposes of developing a Correction for such Nonconformity. RadView will provide technical support to Ixia in developing a Correction using the Source Materials. Notwithstanding the foregoing, RadView shall not be responsible for Nonconformities which result from any modification of a Product not made or authorized by RadView. SUBJECT TO THE FOREGOING, RADVIEW DOES NOT WARRANT THAT THE PRODUCTS WILL PERFORM ERROR FREE OE WITHOUT INTERRUPTIONS, NOR DOES RADVIEW WARRANT THAT THE SOFTWARE WILL MEET IXIA’S REQUIRMENTS OR THE REQUIREMENTS OF IXIA’S CUTOMERS. Except as expressly provided for in this Section 21.4,Ixia agrees to bear the entire risk as to the adequacy and performance of the products. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 21.4, RADVIEW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE PRODUCTS AND USER DOCUMENTATION INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILTY AND FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARSISING FROM THE COURSE OF DEALING BETWEEN THE PARTIES OE USAGE OF TRRA...
Product Operation. You agree that the Products, Modalities, and Hardware purchased shall be operated exclusively by duly qualified personnel in a safe and reasonable manner in accordance with the appropriate written instructions and for the purpose for which the Products were intended and, further, in compliance with standards of the National Bureauof Standards and the Departmentof Health and Human Services and similar governmental authorities, as revised from time to time. You agree to indemnify and hold the Company harmless from and against all claims, demands, actions, judgments, and costs, including reasonable attorney's fees, to theextent causedbyYour negligent act or omission arising out of or in connection with Your direct operation of the Products, Modalities, or Hardware.
Product Operation. As used herein, the term “Nonconformity” shall mean any of the following, but only to the extent that they are material: a significant deviation from the published description, published specifications, any user documentation or any technical documentation. The G3 Products, and each of them and each version of them, will to Sellers’ Knowledge, be reasonably free from any Nonconformities (excluding bugs that fit historical bug profiles). Buyer acknowledges that G3 Nova has given Buyer access to some of G3 Nova’s customers, and an opportunity to evaluate each G3 Product, and each version of each G3 Product, to determine whether, in Buyer’s judgment, each G3 Product will operate and run in a reasonable and efficient manner as described in, and in conformance with the specifications and the end user documentation for the particular G3 Product or version.
Product Operation. For a period of two (2) years from the Effective Date, the Chariot Products, and each of them and each version of them, will be reasonably free from any Nonconformities, and each Chariot Product, and each version of each Chariot Product, will operate as described in, and in conformance with the specifications and the end user documentation for the particular Chariot Product or version. Notwithstanding the foregoing, NetIQ shall not be responsible for Nonconformities which result from any modification of a Chariot Product not made or authorized by NetIQ.
Product Operation
