Common use of Software Performance Warranty Clause in Contracts

Software Performance Warranty. 4.1. Subject to clause 4.2, the Managed Service Provider warrants that the Software will substantially conform to the specifications contained in the Documentation for 90 (ninety) days following delivery of the Software when it is used in its specified operating environment (which is described in the License Information). 4.2. The warranty described in clause 4.1 will not apply if: (i) the Software is Used other than in accordance with the Documentation; or (iii) the Software is Used other than in accordance with the terms of this Agreement; or (ii) if the non-conformance is caused by the End User, service provider, third party software or unauthorised hardware. 4.3. The Managed Service Provider does not warrant that the Software will operate uninterrupted or that it will be free from minor defects or errors that do not materially affect such performance, or that the applications contained in the Software are designed to meet all of the End User's business requirements. The Managed Service Provider further does not warrant that it will correct all Software defects. 4.4. Provided the (i) End User notifies the Managed Service Provider in writing, within 30 (thirty) days, with a specific description of the Software’s non-conformance within the warranty period; (ii) the Software’s non- conformance cannot be resolved with information available from the Master Licensor; and (iii) the Managed Service Provider validates the existence of such non-conformance, the Managed Service Provider will, at its option: (a) repair or replace the non-conforming Software, or (b) refund to the End User the pro rata portion of the Fees paid for the remaining period of the Term in respect of the applicable non-conforming Software in exchange for a return of such non-conforming Software (whereafter the license granted to Use the Software shall terminate). This is the End User’s sole and exclusive remedy under the warranty contained in this clause 4. 4.5. Except as set forth in writing in this Agreement, and to the maximum extent permitted by applicable law, the warranties set out in this clause 4 are the End User’s exclusive warranties and replace all other warranties or conditions, express or implied, including, but not limited to any implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, title, and any warranty or condition of non-infringement.

Software Performance Warranty. 4.1. Subject to clause 4.2, the Managed Service Provider warrants that the Software will substantially conform to the specifications contained in the Documentation for 90 (ninety) days following delivery of the Software when it is used in its specified operating environment (which is described in “the License Informationwarranty period”). 4.2. The warranty described in clause 4.1 will not apply if: (i) the Software is Used other than in accordance with the Documentation; or (iiiii) the Software is Used other than in accordance with the terms of this Agreement; or (iiiii) if the non-conformance recorded in (i) and (ii) is caused by the End User, service provider, third party software or unauthorised hardware. 4.3. The Managed Service Provider does not warrant that that: (i) the Software will operate uninterrupted uninterrupted; or (ii) that it will be free from minor defects or errors that do not materially affect such performance, ; or (iii) that the applications contained in the Software are designed to meet all of the End User's business requirements. The Managed Service Provider further does not warrant that it will correct all Software defects. 4.4. Provided the (i) End User notifies the Managed Service Provider in writing, within 30 (thirty) days, with a specific description of the Software’s non-conformance within the warranty period; (ii) the Software’s non- conformance cannot be resolved with information available from the Master Licensor; period and (iii) the Managed Service Provider validates the existence of such non-conformance, the Managed Service Provider will, at its option: (a) repair or replace the non-conforming Software, ; or (b) refund to the End User the pro rata portion of the Fees paid for the remaining period of the Term in respect of the applicable non-conforming Software in exchange for a return of such non-conforming Software (whereafter the license granted to Use the Software shall terminate)Software. This is the End User’s sole and exclusive remedy under the warranty contained in this clause 4. 4.5. Except as set forth in writing in this Agreement, and to the maximum extent permitted by applicable law, the warranties set out in Managed Service Provider and its Licensors make no representations, warranties, conditions or guarantees with respect to the Software and any other materials or services covered by or furnished pursuant to this clause 4 are the End User’s exclusive warranties and replace all other warranties or conditionsAgreement, express or implied, including, but not limited to including without limitation any implied warranties warranty or conditions condition of (i) merchantability, ; (ii) merchantable or satisfactory quality, ; (iii) fitness for a particular purpose; (iv) performance, titledealing, and any warranty use or condition of trade; or (v) non-infringementinfringement of third party rights.

Software Performance Warranty. 4.1. Subject to clause 4.2, the Managed Service Provider warrants that the Software will substantially conform to the specifications contained in the Documentation for 90 60 (ninetysixty) days following delivery of the Software when it is used in its specified operating environment (which is described in “the License Informationwarranty period”). 4.2. The warranty described in clause 4.1 will not apply if: (i) the Software is Used other than in accordance with the Documentation; or (iiiii) the Software is Used other than in accordance with the terms of this Agreement; or (iiiii) if the non-conformance recorded in (i) and (ii) is caused by the End User, service provider, third party software or unauthorised hardware. 4.3. The Managed Service Provider does not warrant that that: (i) the Software will operate uninterrupted uninterrupted; or (ii) that it will be free from minor defects or errors that do not materially affect such performance, ; or (iii) that the applications contained in the Software are designed to meet all of the End User's business requirements. The Managed Service Provider further does not warrant that it will correct all Software defects. 4.4. Provided the (i) End User notifies the Managed Service Provider in writing, within 30 (thirty) days, with a specific description of the Software’s non-conformance within the warranty period; (ii) the Software’s non- conformance cannot be resolved with information available from the Master Licensor; period and (iii) the Managed Service Provider validates the existence of such non-conformance, the Managed Service Provider will, at its option: (a) repair or replace the non-conforming Software, ; or (b) refund to the End User the pro rata portion of the Fees paid for the remaining period of the Term in respect of the applicable non-conforming Software in exchange for a return of such non-conforming Software (whereafter the license granted to Use the Software shall terminate)Software. This is the End User’s sole and exclusive remedy under the warranty contained in this clause 4. 4.5. Except as set forth in writing in this Agreement, and to the maximum extent permitted by applicable law, the warranties set out in Managed Service Provider and its Licensors make no representations, warranties, conditions or guarantees with respect to the Software and any other materials or services covered by or furnished pursuant to this clause 4 are the End User’s exclusive warranties and replace all other warranties or conditionsAgreement, express or implied, including, but not limited to including without limitation any implied warranties warranty or conditions condition of (i) merchantability, ; (ii) merchantable or satisfactory quality, ; (iii) fitness for a particular purpose; (iv) performance, titledealing, and any warranty use or condition of trade; or (v) non-infringementinfringement of third party rights.