Common use of Service Provider Warranties Clause in Contracts

Service Provider Warranties. Provided that Customer is not in breach of its obligations under this Agreement, Service Provider warrants that during the Term the SaaS Services shall (a) substantially conform to the Documentation (b) do not contain any open source code which would cause a restrictive encumbrance on Customer’s use of the SaaS Services in accordance with the Documentation and (c) to the best of Service Provider’s knowledge after utilizing commercially available virus-checking technology, the SaaS Services do not contain malicious code introduced by Service Provider. SERVICE PROVIDER DOES NOT REPRESENT OR WARRANT AGAINST LOSS OF DATA, OR THAT THE SERVICES OR SUPPORT WILL MEET CUSTOMER'S REQUIREMENTS, BE FREE FROM VIRUSES, UNINTERRUPTED, OR OPERATE ERROR FREE. SERVICE PROVIDER DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL OPERATE IN CONNECTION WITH ANY NON SERVICE PROVIDER APPLICATION. THE SERVICES RELY UPON PUBLIC TELECOMMUNICATIONS AND THIRD-PARTY INFRASTRUCTURE OUTSIDE OF THE CONTROL OF SERVICE PROVIDER. SERVICE PROVIDER IS NOT RESPONSIBLE FOR ANY SUCH SYSTEMS AND INFRASTRUCTURE OR ANY DAMAGES ARISING FROM THE PERFORMANCE OR FAILURE OF THE SAME.

Appears in 4 contracts

Samples: kb.neopost.com, kb.quadient.com, kb.quadient.com

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