Common use of Representations and Warranties for Services (excluding Professional Services) Clause in Contracts

Representations and Warranties for Services (excluding Professional Services). Nexthink warrants that, during the Order Term, the Services will substantially conform to the specifications contained in the Documentation. Nexthink’s sole responsibility under this limited warranty shall be to use commercially reasonable efforts to correct or replace the portion of the Services which fail to conform to such limited warranty, provided, however, that Customer has reported in writing to Nexthink any defect or error claimed to be a breach of such warranty. The foregoing limited warranties shall not be effective in any of the following cases: (i) Customer, an Authorized User or any third party acting on Customer’s behalf modifies or misuses the Services; (ii) Customer fails to give Nexthink written notice of the claimed breach of warranty in a timely manner; (iii) the failure to conform is caused in whole or part by persons other than Nexthink, or by products, equipment, software, services or operating environments not furnished by Nexthink; or (iv) Customer fails to implement any correction, update, enhancement, improvement, expansion or revision thereto which Nexthink has provided to Customer. Customer shall be exclusively responsible for the supervision, management and control of Customer’s and each Authorized User’s use of the Services and for the application of the Services to Customer’s business.

Representations and Warranties for Services (excluding Professional Services). Nexthink Supplier warrants that, during the Order Call-Off Contract Term, the Services will substantially conform to the specifications contained in the Documentation. NexthinkSupplier’s sole responsibility under this limited warranty shall be to use commercially reasonable efforts to correct or replace the portion of the Services which fail to conform to such limited warranty, provided, however, that Customer Buyer has reported in writing to Nexthink Supplier any defect or error claimed to be a breach of such warranty. The foregoing limited warranties shall not be effective in any of the following cases: (i) CustomerBuyer, an Authorized User or any third party acting on CustomerBuyer’s behalf modifies or misuses the Services; (ii) Customer Buyer fails to give Nexthink Supplier written notice of the claimed breach of warranty in a timely manner; (iii) the failure to conform is caused in whole or part by persons other than NexthinkSupplier, or by products, equipment, software, services or operating environments not furnished by NexthinkSupplier; or (iv) Customer Buyer fails to implement any correction, update, enhancement, improvement, expansion or revision thereto which Nexthink Supplier has provided to CustomerBuyer. Customer Buyer shall be exclusively responsible for the supervision, management and control of CustomerXxxxx’s and each Authorized User’s use of the Services and for the application of the Services to CustomerBuyer’s business.