Common use of SaaS Performance Warranty Clause in Contracts

SaaS Performance Warranty. Flexera represents and warrants to Customer that during the applicable subscription term, the SaaS will operate in substantial conformity with the Documentation and the Service Levels. Flexera does not warrant that Customer’s use of the SaaS will be uninterrupted or error-free. This warranty does not apply to claims arising out of or relating to: (a) use of the SaaS with hardware or software not required in the Documentation; or (b) defects arising from use of the SaaS in violation of this Agreement. In response to a performance warranty claim Flexera will either (a) use commercially reasonable efforts to provide Customer with an error-correction or work-around that corrects the reported non-conformity or (b) to replace the non-conforming SaaS with conforming SaaS. If the parties determine such remedies to be impracticable within a reasonable period of time, either party may terminate the applicable Order and Flexera will refund any prepaid and unused fees for the non-conforming SaaS.