Common use of Service Limited Warranty; Exclusive Remedy Clause in Contracts

Service Limited Warranty; Exclusive Remedy. Acumatica warrants that the performance and functionality of the Service, in all material respects, meet the specifications set forth in the Documentation. Acumatica does not warrant that the Service will be error-free. Your sole and exclusive remedy for Acumatica’s breach of this limited warranty shall be that Acumatica shall use commercially reasonable efforts to modify the Service to meet the performance and functionality specifications, in all material respects, described in the most current Documentation, and if Acumatica is unable to restore such performance and functionality, you shall be entitled to terminate this Agreement and shall be entitled to receive a pro-rata refund of the Subscriber Service Fees paid for under this Agreement for your use of the Service for the terminated portion of the Term. Acumatica shall have no obligation with respect to a warranty claim (i) unless notified of such claim within sixty (60) days of the first instance of any material performance and/or functionality issue, or (ii) if you fail to upgrade to a Supported Version of the Service, or (iii) if you fail to meet capacity recommendations in the Licensing Guide, or (iv) if the warranty claim is the result of a Third Party Application or a customization of the Service prepared by you or a third party. Any notice required to be sent pursuant to this Section 6.1 must be sent pursuant to Section 11.2

Service Limited Warranty; Exclusive Remedy. Acumatica warrants that the performance and functionality of the Service, in all material respects, meet the specifications set forth in the Documentation. Acumatica does not warrant that the Service will be error-free. Your sole and exclusive remedy for Acumatica’s breach of this limited warranty shall be that Acumatica shall use commercially reasonable efforts to modify the Service to meet the performance and functionality specifications, in all material respects, described in the most current Documentation, and if Acumatica is unable to restore such performance and functionality, you shall be entitled to terminate this Agreement and shall be entitled to receive a pro-rata refund of the Subscriber Service Fees paid for under this Agreement for your use of the Service for the terminated portion of the Term. Acumatica shall have no obligation with respect to respectto a warranty claim (i) unless notified of such claim within sixty (60) days of the first instance of any material performance and/or functionality issue, or (ii) if you fail to upgrade to a Supported Version of the Service, or (iii) if you fail to meet capacity recommendations in the Licensing Guide, or (iv) if the warranty claim is the result of a Third Party Application or a customization of the Service prepared by you or a third party. Any notice required to be sent pursuant to this Section 6.1 must be sent pursuant to Section 11.2

Service Limited Warranty; Exclusive Remedy. Acumatica warrants that the performance and functionality of the Service, in all material respects, meet the specifications set forth in the Documentation. Acumatica does not warrant that the Service will be error-free. Your sole and exclusive remedy for Acumatica’s breach of this limited warranty shall be that Acumatica shall use commercially reasonable efforts to modify the Service to meet the performance and functionality specifications, in all material respects, described in the most current Documentation, and if Acumatica is unable to restore such performance and functionality, you shall be entitled to terminate this Agreement and shall be entitled to receive a pro-rata refund of the Subscriber Service Fees paid for under this Agreement for your use of the Service for the terminated portion of the Term. Acumatica shall have no obligation with respect to respectto a warranty claim (i) unless notified of such claim within sixty (60) days of the first instance of any material performance and/or functionality issue, or (ii) if you fail to upgrade to a Supported Version of the ServiceVersion, or (iii) if you fail to meet capacity recommendations in the Licensing Guide, or (iv) if the warranty claim is the result of a Third Party Application or a customization of the Service prepared by you or a third party. Any notice required to be sent pursuant to this Section 6.1 must be sent pursuant to Section 11.2

Service Limited Warranty; Exclusive Remedy. Acumatica QL warrants that the performance and functionality of the Service, in all material respects, meet the specifications set forth in the Documentation. Acumatica QL does not warrant that the Service will be error-free. Your sole and exclusive remedy for AcumaticaQL’s breach of this limited warranty shall be that Acumatica QL shall use commercially reasonable efforts to modify the Service to meet the performance and functionality specifications, in all material respects, described in the most current Documentation, and if Acumatica QL is unable to restore such performance and functionality, you shall be entitled to terminate this Agreement and shall be entitled to receive a pro-rata refund of the Subscriber Service Fees paid for under this Agreement for your use of the Service for the terminated portion of the Term. Acumatica QL shall have no obligation with respect to a warranty claim (i) unless notified of such claim within sixty (60) days of the first instance of any material performance and/or functionality issue, or (ii) if you fail to upgrade to a Supported Version of the Service, or (iii) if you fail to meet capacity recommendations in the Licensing Guide, or (iv) if the warranty claim is the result of a Third Party Application or a customization of the Service prepared by you or a third party. Any notice required to be sent pursuant to this Section 6.1 must be sent pursuant to Section 11.2