Software and Services Warranties Sample Clauses

Software and Services Warranties insightsoftware warrants that at the time of delivery of the Software to Customer, the Software’s functionality operates in material compliance with the Documentation. Additional warranty terms for Software and Services are set forth in the applicable Software License Terms, and the Services Terms.
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Software and Services Warranties. BusinessOptix warrants for the benefit of Licensee, that (i) for the duration of the subscription Services to Licensee, the service will perform substantially in accordance with the standard documentation included with the Software; and
Software and Services Warranties. BusinessOptix warrants for the benefit of Licensee, that (i) for the duration of the subscription Services to Licensee, the service will perform substantially in accordance with the standard documentation included with the Software; and (ii) We have validly entered into this Agreement and have the legal power to do so, (iii) the functionality of the Services will not be materially decreased during a subscription term. UNLESS OTHERWISE EXPRESSLY AGREED UPON IN WRITING BY BUSINESSOPTIX, LICENSEE ACKNOWLEDGES THAT BUSINESSOPTIX MAKES NO OTHER EXPRESS OR IMPLIED WARRANTY THAT IT WILL CONTINUE TO PROVIDE THE SOFTWARE IN ITS CURRENT FORM, OR THAT THE SOFTWARE WILL BE FREE FROM ERRORS, UNINTERRUPTED, CONTAIN DEFECTS, DESIGN FLAWS OR OTHER OMISSIONS. BUSINESSOPTIX DOES NOT WARRANT THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR THAT THE SOFTWARE WILL OPERATE WITH NON-BUSINESSOPTIX SOFTWARE OR TECHNOLOGY USED BY LICENSEE.
Software and Services Warranties. Frontline states that (a) the Software will perform substantially in accordance with the specifications set forth in the then-current Documentation and (b) the Services will be performed in a professional and workmanlike manner. The foregoing warranties will not apply to any non-conformance of the Software, Work Product, or Services due to (A) Client’s failure to permit the installation or implementation of any update, upgrade, or release provided by Frontline, (B) Client’s negligence, abuse, misapplication, or misuse of the Software (including Client’s failure to operate the Software in accordance with Documentation), (C) Client’s modification of the Software not approved in writing by Frontline, or (D) Client’s use or operation of the Software with any technology (including any software, hardware, firmware, system, or network) not approved in writing by Frontline. In the event of any breach of the foregoing warranties, reported to and verified by Frontline, Frontline will use commercially reasonable efforts to correct such non-conformance. Client’s sole remedy for Frontline’s breach of any of the foregoing warranties is limited to the replacement, repair, or refund, at Frontline’s option, of defective Software or Work Product or re-performance of the affected Services. Notwithstanding the foregoing, any Third-party Materials shall be subject only to the terms and any warranties provided by the applicable third party and not to any of the foregoing warranties. Frontline warrants that the Software will perform as represented in this agreement and Frontline shall correct any Software non-conformance, defect or software error or bug during the term of this agreement at no cost to Client.
Software and Services Warranties symplr warrants that: (i) the Software, as delivered, will substantially conform in all material respects to the then-current Documentation and applicable specifications; and (ii) the Services will be performed in a professional and workmanlike manner and in accordance with generally accepted industry standards. Customer shall provide prompt written notice to symplr of any non-conformity (and within ten (10) business days after performance of the applicable Service), and in the case of Products, symplr will use commercially reasonable efforts to correct, provide a work-around, or otherwise bring the Software into conformity with the applicable Documentation, or in the case of Services, re-perform the applicable Service. Such warranties shall not apply to any claimed non-conformity to the extent caused by: (a) the malfunction or improper use of any hardware, software or services not provided by symplr; (b) Customer’s negligence, fault, or improper use of any Licensed Materials or Equipment; (c) modifications to or changes to any Licensed Materials or Equipment not made by symplr; (d) Customer’s failure to be live on the most recent version of the Software which has been made commercially available by symplr; or (e) Customer’s breach of this Agreement. The remedies of Customer and the obligations of symplr set forth in this Section 4.2 are sole and exclusive with respect to any non-conformities with such warranties.
Software and Services Warranties 

Related to Software and Services Warranties

  • 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.

  • Customer Warranties Customer warrants that (i) if an entity, it is duly organized and validly existing in good standing; (ii) it is duly authorized to execute, deliver, and perform its obligations under this Agreement; (iii) when duly executed and delivered by each Party, the Agreement will constitute Customer’s legal, valid, and binding obligation, enforceable against it in accordance with its terms; (iv) it is not insolvent and is paying all of its debts as they become due; (v) any payments made pursuant to the Agreement are intended by it to be a substantially contemporaneous exchange for new value given to it; (vi) each payment made of a debt incurred by it under this Agreement is or was in the ordinary course of its business or financial affairs, and (vii) all information supplied by Customer is complete and accurate.

  • Software Warranty We warrant that the Tyler Software will perform without Defects during the term of this Agreement. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the maintenance and support process set forth in Section C(9), below, the SLA and our then current Support Call Process.

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