Common use of Product Warranty/Guarantee Clause in Contracts

Product Warranty/Guarantee. KISSsoft AG affirms that the Software provided to the Licensee is consistent with the most recent valid standard version and was extensively tested prior to delivery to the Licensee. During the warranty period, KISSsoft AG will replace any defective media and correct any demonstrable programming errors that are the responsibility of KISSsoft AG. The warranty period is one year beginning at the time of shipment of the Software to the Licensee. KISSsoft AG cannot guarantee that the Software provided can be used at the Licensee’s site without interruption and without errors under all conditions of use. The Customer is solely responsible for selecting, installing, using, and operating the Software; and for the results obtained by means of its use. KISSsoft AG cannot guarantee the suitability or usability of the Software for the purpose intended by the Licensee; use of the Software by the Licensee is at Licensee’s own risk. KISSsoft AG recommends that the Software not be used as the sole tool for the planning and design of components. Additional tests are to be performed on critical components. In addition, KISSsoft AG cannot accept any responsibility for ensuring that the actual manufacturing or use of a component which was planned or calculated using the Software does not infringe any rights of third parties, such as patent rights, or for ensuring that a component which can be calculated can actually be manufactured.

Product Warranty/Guarantee. KISSsoft AG affirms that the Software provided to the Licensee is consistent with the most recent valid standard version and was extensively tested prior to delivery to the Licensee. During the warranty period, KISSsoft AG will replace any defective media and correct any demonstrable programming errors that are the responsibility of KISSsoft AG. The warranty period is one year beginning at the time of shipment of the Software to the Licensee. KISSsoft AG cannot guarantee that the Software provided can be used at the Licensee’s site without interruption and without errors under all conditions of use. The Customer is solely responsible for obtaining and maintaining a work environment that is suitable for the use of the provided Software; for selecting, installing, using, and operating the Software; and for the results obtained by means of its use. KISSsoft AG cannot guarantee the suitability or usability of the Software for the purpose intended by the Licensee; use of the Software by the Licensee is at Licensee’s own risk. KISSsoft AG recommends that the Software not be used as the sole tool for the planning and design of components. Additional tests are to be performed on critical components. In addition, KISSsoft AG cannot accept any responsibility for ensuring that the actual manufacturing or use of a component compo- nent which was planned or calculated using the Software does not infringe any rights of third parties, such as patent rights, or for ensuring that a component which can be calculated can actually be manufactured.