PRODUCT PERFORMANCE WARRANTY Sample Clauses

PRODUCT PERFORMANCE WARRANTY. BMC warrants that (a) the Product will perform in substantial accordance with its Documentation for a period of one year from the date of the first Order, (b) BMC has used commercially reasonable efforts consistent with industry standards to scan for and remove software viruses, and (c) other than passwords that may be required for the operation of the Product, BMC has not inserted any code that is not addressed in the Documentation and that is designed to delete, interfere with or disable the normal operation the Products in accordance with the License.This warranty will not apply to any problems caused by hardware, software other than the Product, or misuse of the Product use of the Product other than as provided by the applicable License, modification of the Product, or claims made either outside the warranty period or not in compliance with the notice and access requirements set forth below. No warranty is provided for additional Licensed Capacity, Product provided pursuant to Support or Product provided pursuant to Section 11.
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PRODUCT PERFORMANCE WARRANTY. Contractor represents and warrants that the Products delivered pursuant to this contract conform to the manufacturer’s specifications, performance standards, and documentation and that the documentation fully describes the proper procedure for using the Products in an efficient manner. Contractor does not warrant that software is error-free. In the event that Contractor does not remedy a substantial breach of this warranty within the cure period, Licensee shall also have the right to terminate any payments due Contractor, with a refund of the any fees prospectively paid from the date of breach.
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PRODUCT PERFORMANCE WARRANTY. Column warrants that (a) the Product will perform in accordance with its Documentation, (b) Column has used efforts consistent with industry standards to scan for and remove software viruses, and (c) other than passwords that may be required for the operation of the Product, Column has not inserted any code that is not addressed in the Documentation and that is designed to delete, interfere with or disable the normal operation the Products in accordance with the License. This warranty will not apply to any problems caused by hardware, software other than the Product, or misuse of the Product use of the Product other than as provided by the applicable License, modification of the Product, or claims made either outside the warranty period or not in compliance with the notice and access requirements set forth below.
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PRODUCT PERFORMANCE WARRANTY. Contractor warrants and represents that the Product(s) acquired by the State under this Agreement conform to the manufacturer’s specifications, performance standards and Documentation, and that the Documentation fully describes the proper procedure for using the Product(s). Contractor further warrants and represents that the Product(s) conform to the requirements of RFP 15-08, and will work together in a commercially reasonable manner to provide the State with a fully functional System as such System is described in RFP 15-08. Contractor warrants that the Product(s) will perform as specified herein, and will perform as represented by Contractor with respect to updates, enhancements or additional software which may be acquired by the State at any time during the term of the Agreement, the Warranty Period and for so long as the State continues with a Maintenance agreement with Contractor or Contractor’s successors or assigns. During the Warranty Period and at any time during which the State maintains an agreement for Maintenance including any time during which the Contractor is providing Maintenance, Contractor shall design, code, check out, document and deliver any amendments or alterations (“Amendments”) to the COTS necessary to maintain the System in Good Working Order, and shall correct or avoid any defect in the Product(s), whether present at the time of delivery or later discovered. In case of dissolution of Contractor’s third-party supplier, Contractor shall replace such third-party supplier with an equivalent supplier at no additional cost to the State and without extension to the Project Schedule. During the term of the Agreement and throughout the Warranty Period, as well as during any time in which the Contractor is providing Maintenance, Contractor shall provide any Amendment supplied by Contractor, and shall ensure that the System remains in Good Working Order, including, if necessary, the purchase of patches, updates, upgrades or additional support from third-party software providers, and the correction of defects.
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PRODUCT PERFORMANCE WARRANTY a) The Supplier represents and warrants that during the Defect Correction Period (as defined below), the Item and/or Work to be delivered shall be compliant with the technical performance requirements set forth in the Contract. b) Any non-conformity or failure in performance or reliability due to the Supplier must be remedied promptly and fully by the Supplier, at its own cost and expense. c) The Supplier hereby accepts to bear and be solely responsible for the direct financial and organizational consequences resulting from the implementation of corrective actions proposed by the Supplier or the Purchaser. The Supplier undertakes to restore and/or to bring the Item and Work performance and reliability to its required level within a time frame compatible with the Purchaser’s requirements and/or constraints.
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PRODUCT PERFORMANCE WARRANTY. BRIGHT warrants that (a) the Product will perform in substantial accordance with its Documentation for a period of one year from the date of the first Order, (b) BRIGHT has used commercially reasonable efforts consistent with industry standards to scan for and remove software viruses, and (c) other than passwords that may be required for the operation of the Product, BRIGHT has not inserted any code that is not addressed in the Documentation and that is designed to delete, interfere with or disable the normal operation the Products in accordance with the License. This warranty will not apply to any problems caused by hardware, Computers, or software other than the Product, or misuse of the Product, use of the Product other than as provided by the applicable License, modification of the Product, or claims made either outside the warranty period or not in compliance with the notice and access requirements set forth below.
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PRODUCT PERFORMANCE WARRANTY. NAKIVO warrants that: (a) the Product will perform in substantial accordance with its Documentation for a period of thirty (30) days from the date of the first Order; and (b) NAKIVO has used commercially reasonable efforts consistent with industry standards to scan for and remove software viruses; and (c) other than passwords that may be required for the operation of the Product, NAKIVO has not inserted any code that is not addressed in the Documentation and that is designed to delete, interfere with or disable the normal operation of the Products in accordance with the License. This warranty will not apply to any problems caused by: (a) hardware; or (b) software other than the Product; or (c) use of the Product, or use of software other than the Product without installing the latest security and reliability software updates; or (d) misuse of the Product; or (e) use of the Product other than as provided by the applicable License; or (f) modification of the Product; or (g) claims made outside the warranty period; or (h) claims made not in compliance with the notice and access requirements set forth below. No warranty is provided for additional Licensed Capacity, Product provided pursuant to Support or Product provided pursuant to Section 11.
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PRODUCT PERFORMANCE WARRANTY. For one (1) year from the date of shipment of each copy of the Product to Perspecta, Supplier warrants that the Product, as supplied and/or modified by Supplier, shall perform in accordance with the Documentation and Applicable Specifications, and shall properly interface to and operate with Perspecta operating system. Supplier further warrants that the Documentation accurately describes the features, functions, and use of the Product.
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Related to PRODUCT PERFORMANCE WARRANTY

  • 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.

  • Product Performance Contractor hereby warrants and represents that the Products acquired by the Authorized User under the terms and conditions of this Contract conform to the specifications, performance standards and documentation in the Authorized User Agreement., and the documentation fully describes the proper procedure for using the Products. Contractor further warrants and represents that if the Products acquired by the Authorized User pursuant to an Authorized User Agreement under this Contract include software application development, software application customization, software programming, software integration or similar items (“Software Deliverables”) then such Software Deliverables shall be free from defects in material and workmanship and conform with all requirements of the Contract and Authorized User Agreement for the warranty period of one (1) year from the date of acceptance of the completed project (“Project warranty period”). Contractor also warrants that the Products, in the form provided to the Authorized User, do not infringe any copyright, trademark, trade secret or other right of any third party.

  • Contractor’s Performance Warranties Contractor represents and warrants to the State that: (i) Each and all of the services shall be performed in a timely, diligent, professional and skillful manner, in accordance with the highest professional or technical standards applicable to such services, by qualified persons with the technical skills, training and experience to perform such services in the planned environment. (ii) Any time software is delivered to the State, whether delivered via electronic media or the internet, no portion of such software or the media upon which it is stored or delivered will have any type of software routine or other element which is designed to facilitate unauthorized access to or intrusion upon; or unrequested disabling or erasure of; or unauthorized interference with the operation of any hardware, software, data or peripheral equipment of or utilized by the State. Without limiting the generality of the foregoing, if the State believes that harmful code may be present in any software delivered hereunder, Contractor will, upon State’s request, provide a new or clean install of the software. Notwithstanding the foregoing, Contractor assumes no responsibility for the State’s negligence or failure to protect data from viruses, or any unintended modification, destruction or disclosure. (iii) To the extent Contractor resells commercial hardware or software it purchased from a third party, Contractor will, to the extent it is legally able to do so, pass through any such third party warranties to the State and will reasonably cooperate in enforcing them. Such warranty pass-through will not relieve the Contractor from Contractor’s warranty obligations set forth herein.

  • 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.

  • Software Performance HP warrants that its branded software products will conform materially to their specifications and be free of malware at the time of delivery. HP warranties for software products will begin on the date of delivery and unless otherwise specified in Supporting Material, will last for ninety (90) days. HP does not warrant that the operation of software products will be uninterrupted or error-free or that software products will operate in hardware and software combinations other than as authorized by HP in Supporting Material.

  • Product and Service Warranties 21- SECTION 3.30

  • Service Warranty Provider has carefully examined and analyzed the provisions of this Agreement, including but not limited to all exhibits attached and incorporated into it, and can and will perform, or cause, the Services to be performed in strict accordance with the provisions and requirements of the Agreement. Services will be performed in a timely, professional and workmanlike manner in accordance with all applicable industry and professional standards.

  • Excuse for Nonperformance or Delayed Performance Except with respect to defaults of subcontractors, Contractor/Vendor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor/Vendor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor has notified the Commission or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract requirements. Upon request of Contractor, the Commission or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “Termination for Convenience,” in cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

  • Performance Delay Time is of the essence in the Vendor’s performance of this Agreement. If at any time it appears to Vendor that it may not meet any of the performance schedules or the scheduled completion date of the services to be performed for any reason, including labor disputes, Vendor shall immediately by verbal means (to be confirmed in writing) notify Customer of the reasons for and the estimated duration of such delay. If requested by Customer, Vendor shall make every effort to avoid or minimize the delay to the maximum extent possible including the expenditure of premium time. Any additional cost caused by these requirements of Customer shall be borne by Vendor, unless the delay in performance arises out of causes beyond the control and without the fault or negligence of Vendor or its subcontractors within the meaning of the Cancellation- Default clause herein. The foregoing requirements are in addition to any of Customer’s other rights and remedies as may be provided by law or this Agreement.

  • Service Warranties Contractor warrants that: (i) the Services will be rendered with promptness and diligence and will be executed in a workmanlike manner, in accordance with the practices and professional standards used in well-managed operations performing services similar to the Services; and (ii) Contractor will perform the Services in the most cost-effective manner consistent with the required level of quality and performance. Contractor warrants that each Deliverable will conform to and perform in accordance with the requirements of this Agreement and all applicable specifications and documentation. For each such Deliverable, the foregoing warranty shall commence for such Deliverable upon the JBE’s acceptance of such Deliverable, and shall continue for a period of one (1) year following acceptance. In the event any Deliverable does not to conform to the foregoing warranty, Contractor shall promptly correct all nonconformities to the satisfaction of the JBE.

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