Software/Hardware. Xxxxxxxxx warrants to Customer that, for a period of 120 days following delivery, the Xxxxxxxxx Software, when operated in compliance with the networking guidelines, hardware requirements, equipment configuration and operating environment (collectively, the "Hardware") specified by Xxxxxxxxx, xxxx perform substantially in accordance with the operator and user guides and other manuals and technical information, if any, whether in hard copy or electronic format, that are delivered to Customer by Xxxxxxxxx for use in conjunction with the Xxxxxxxxx Software. This warranty shall not apply in the event the Xxxxxxxxx Software is modified or installed by any party other than Xxxxxxxxx. Xxxxxxxxx does not warrant that the Xxxxxxxxx Software will be uninterrupted or error free. Xxxxxxxxx does not warrant that Customer may manipulate data in Xxxxxxxxx Software databases using software not acquired from Xxxxxxxxx. Customer acknowledges that it is the owner of, and fully responsible for, the Hardware and that this warranty shall not apply to any defects or failures of the Hardware, regardless of whether the Hardware complies with Xxxxxxxxx'x specifications. In the event of any defect or error covered by this warranty, Customer agrees to provide Xxxxxxxxx with sufficient detail to allow Xxxxxxxxx to reproduce the defect or error. As Customer's exclusive remedy for any defect or error in the Xxxxxxxxx Software covered by such warranty, and as Xxxxxxxxx'x entire liability in contract, tort, or otherwise, Xxxxxxxxx will correct such error or defect at Xxxxxxxxx'x facility by issuing corrected instructions, a restriction, or a bypass. If Xxxxxxxxx is unable to correct such defect or error after a reasonable opportunity, Xxxxxxxxx will refund a prorated portion of the license fees paid for such Xxxxxxxxx Software from the date Customer first encountered the defect or error. Xxxxxxxxx is not responsible for any defect or error not reported in writing during the warranty period or any defect or error in the event Customer has modified, manipulated, misused, or damaged the Xxxxxxxxx Software (including, without limitation, by integrating unauthorized software not provided by Xxxxxxxxx into the Xxxxxxxxx Software).
Software/Hardware a. TELEMATICS: Contractor shall provide manufacturer specific telematics program for the length of the warranty period. Machine alert conditions shall be made available by e-mail to specific supervisors identified by the Central Garage. After the warranty period expires, contractor shall offer this program at the rate outlined in Attachment B.
Software/Hardware refresh – The Student shall follow the software/hardware refresh directives as posted to the following ITSC website: xxxx.xxxx.xx and return the learning tool(s) to the Institution for an annual (or more frequent, if requested) software/hardware refresh. If the Student fails to do so, late fees may be applied to the Student’s account.
Software/Hardware. In addition to the Terms and Conditions which are hereby incorporated by this reference, if the Order requires software or hardware to be provided, then the following shall also be applicable to Supplier: Notwithstanding any other provision herein, to the extent any of Supplier’s or any third party’s software applications, databases, computer programs (including source code and object code for any such programming), executable code or computer hardware (collectively, “Software/Hardware”) are incorporated into the Materials or are otherwise provided hereunder, Supplier agrees to identify any pre-existing Software/Hardware and further agrees that unless otherwise specified in the Order, Supplier grants to Purchaser a perpetual, irrevocable, fully paid-up, royalty free, transferable, sublicensable (through multiple levels of sublicensees), worldwide, non-exclusive right and license to use, reproduce, distribute, display and perform (whether publicly or otherwise), transmit, prepare derivative works of and otherwise modify, make, import, export and otherwise use and exploit (and have others exercise such rights on behalf of Purchaser) all or any portion of the pre-existing Software/Hardware incorporated into the Materials or otherwise delivered to Purchaser in connection with the this Agreement. For clarity, it is understood that, subject to Supplier’s rights in all pre-existing Software/Hardware, Purchaser shall own all original Software/Hardware created hereunder and such original Software/Hardware shall be deemed part of the Materials. Supplier represents and warrants that: (a) the Software/Hardware, and the ideas they express, are original and do not violate or infringe the rights of any other party and that it has the unencumbered right and authority to grant all licenses herein granted; (b) that all Software/Hardware provided under this Order will perform in accordance with specifications;
Software/Hardware. Acknowledge that the Equipment may include certain operating, application and/or other software (“Software”) in which Lessor and Lessee have no ownership or other proprietary rights. Where required by the Software owner or manufacturer, Lessee shall enter into a license or other Agreement for the use of the Software. Any Software Agreement shall be separate and distinct from the Lease, and Lessor shall not have any obligations thereunder unless otherwise agreed. Lessee shall be responsible for the payment of, and shall indemnify Lessor against, any Software license or transfer fees and any certification or similar fees or charges imposed by the Supplier of the Equipment, Software or any Third Party upon Lessor and Lessor’s subsequent end-user of any item of Equipment following the return of any such item to Lessor. At the time of return hereunder, all Equipment shall include all: (i) Software, upgrades and related documentation, which shall be the then current version available from the manufacturer or supplier; (ii) cards; (iii) holograms; (iv) codes; (v) licenses; (vi) memory; (vii) hard drives; (viii) connecting cables; (ix) mice; (x) keyboards and (xi) any other hardware necessary for proper operation of the equipment.
Software/Hardware. Prescient acknowledges that Fastech is not the developer of any of the software or hardware product(s) used to provide the Services. Fastech shall not be responsible for the failure to meet any Service Level (as defined in a Schedule) or for any damages if such failure or damages are caused by the failure of any software or hardware to perform in accordance with its specifications, except to the extent caused by Fastech’s gross negligence or willful misconduct.
Software/Hardware. All costs associated with the purchasing of products and technology necessary for CUSTOMER's project including hardware/software and hardware/software licenses. All hardware/software purchased on behalf of CUSTOMER shall remain the sole property of CUSTOMER.
Software/Hardware. 1. I agree to use only authorized and secure electronic resources for UMC business purposes.
Software/Hardware. In addition to the terms and conditions herein if the Order requires software or hardware to be provided, then the following shall also be applicable to Supplier: Notwithstanding any other provision herein, to the extent any of Supplier’s or any third party’s software applications, databases, computer programs (including source code and object code for any such programming), executable code or computer hardware (collectively, “Software/Hardware”) are incorporated into the Goods or are otherwise provided hereunder, Supplier agrees to identify any pre-existing Software/Hardware and further agrees that unless otherwise specified in the Order, Supplier grants to Purchaser a perpetual, irrevocable, fully paid-up, royalty free, transferable, sublicensable (through multiple levels of sublicensees), worldwide, non-exclusive right and license to use, reproduce, distribute, display and perform (whether publicly or otherwise), transmit, prepare derivative works of and otherwise modify, make, import, export and otherwise use and exploit (and have others exercise such rights on behalf of Purchaser) all or any portion of the pre-existing Software/Hardware incorporated into the Goods or otherwise delivered to Purchaser in connection with the this T&C. For clarity, it is understood that, subject to Supplier’s rights in all pre-existing Software/Hardware, Purchaser shall own all original Software/Hardware created hereunder and such original Software/Hardware shall be deemed part of the Goods. Supplier represents and warrants that:
