SaaS Warranty Sample Clauses

SaaS Warranty. Intelex warrants that the SaaS, as delivered, shall perform materially in accordance with the specifications contained in the then current Documentation that relates to the SaaS. In the event of any breach of the warranty in this sub-section during the term of this Agreement, Intelex shall, as its sole liability and Customer’s sole remedy (in addition to any termination right that may arise from such warranty breach), diligently remedy such deficiencies that cause the SaaS to not conform to this warranty. If Intelex determines that it is unable to remedy such deficiencies, Intelex may terminate that portion of the applicable Order affected and refund to Customer a pro rata amount of the fees actually paid by the Customer to Intelex for the unused Subscription Term of the defective SaaS.
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SaaS Warranty. Proofpoint warrants that the Services will substantially conform in all material respects in accordance with the Services Documentation (“SaaS Warranty”). Customer will provide prompt written notice of any non-conformity. Proofpoint may modify the Services Documentation in its sole discretion, provided the functionality of the Services will not be materially decreased during the Term. As Customer’s sole and exclusive remedy and Proofpoint’s entire liability for any breach of the SaaS Warranty, Proofpoint will (a) use reasonable efforts to fix, provide a work around, or otherwise repair or replace the Service or, if Proofpoint is unable to do so, (b) terminate this Exhibit and return the Subscription Fees paid to Proofpoint or Reseller for such allegedly defective Services for the period commencing from Customer’s notice of nonconformity through the remainder of the Initial Term or Extension Term, as applicable.
SaaS Warranty. EntryPoint warrants that the SaaS Platform, under normal use and subject to Customer’s compliance with this Agreement, will perform materially in accordance with the Documentation.
SaaS Warranty. SNOVASYS represents and warrants that SNOVASYS and the SAAS Service does not infringe or otherwise violate any copyright, trade secret, or U.S.

Related to SaaS Warranty

  • Services Warranty The Contractor warrants and represents that each of its employees, Subcontractors, or agents assigned to perform any services under the terms of this Agreement shall have the skills, training, and background reasonably commensurate with his or her level of performance or responsibility, so as to be able to perform in a competent and professional manner. The Contractor further warrants that the services provided hereunder will conform to the requirements of this Agreement. All warranties, including any special warranties specified elsewhere herein, shall inure to the Judicial Council, its successors, assigns, customer agencies, and any other recipients of the services provided hereunder.

  • Limited Warranty Seller warrants to Customer for a period of twelve (12) months following delivery only that (a) the Products shall conform to the description and specifications, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liens, security interests or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATES.

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