Common use of PRODUCT PERFORMANCE WARRANTY Clause in Contracts

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.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

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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, Computers, or software other than the Product, or misuse of the Product 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 1112.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

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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 of the Products Product 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 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 1112.

Appears in 1 contract

Samples: BMC End User License Agreement

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