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.
Software Warranty. Company warrants that for a period of ninety (90) days from initial delivery of Software, the Software, as updated and used in accordance with the Documentation, will operate in all material respects in conformity with the functional specifications in the Documentation.
Software Warranty. Seller warrants that the software will perform in accordance with the agreed functional specifications and its documentation and that the documentation will be fit for its purpose and the documentation shall accurately describe the software. Seller shall for a warranty period of one year from the delivery of the software provide NETAPP free of any charge with corrective maintenance, releases, and first-line and second-line support. Seller warrants that the software is free from any computer "virus" or other malicious program code. This shall apply to all CD’s, tapes, PC hard drives and any other form of program and file delivery whether tangible or intangible including any software delivered electronically via a telecommunications network. Seller warrants that there is no functionality designed into or otherwise included in any software to be supplied which could be harmful to or shall prevent the operation in whole or in part of the software or any computer system on which the software is intended to run. Seller shall advise NETAPP of any functionality in any program forming part of or allowing automated administration or record-keeping of the software. This applies in particular to any functionality that provides access to functions and resources (whether part of the software or not) that NETAPP may reasonably be expected to wish to use or control. This shall include, without limitation, any functionality that potentially or actually undermines or circumvents any security provisions of the software or any third party software.
Software Warranty. The Software will operate in conformity with the then current standard Documentation (except for minor defects or errors not material to the core functionality of the Software under normal use and circumstances) for a period of ninety (90) days from the date of initial delivery of the Software (“Warranty Period”). If the Software does not perform in accordance with the foregoing warranty during the Warranty Period, You must tell Us so in writing and during the Warranty Period and assuming We can verify such nonconformity, We will use reasonable efforts to correct any deficiencies in the Software so that it will perform in accordance with such warranty. Your sole and exclusive remedy, and Our sole obligation in the event of nonconformity of the Software with the foregoing warranty will be the correction of the condition making it nonconforming. If We are not able correct the alleged breach of warranty, then We will refund applicable fees paid for a perpetual licence to the Software and will refund applicable fees paid for the remainder of the Term for subscription licensed Software. Your obligation is to provide all information reasonably requested to enable Us to cure the nonconformity. The above warranty specifically excludes defects resulting from accident, abuse, unauthorized repair, modifications, misapplication, or use of the Software that is otherwise materially inconsistent with the Documentation.
Software Warranty. (a) MyECheck warrants that it has exclusive ownership of intellectual property to the exclusion of any other in terms of copyrights and all other forms of legal and other intellectual property rights and shall take full responsibility for any and all forms of contention challenging this claim and shall indemnify and continue to indemnify the Licensee and third parties relying on this information on all type of interaction with the Licensee.
(b) MyECheck warrants to the Licensee’s Customer, and not to subsequent end users, of the Software product that six (6) months from the date the Software is first used in Production until the expiration of the sub-license purchased from the Licensee and as renewed from time to time, the Software shall substantially conform to the specification for the Software Documentation as such may change from time to time. MyECheck does not warrant (i) that the Software is error free, (ii) that Customer will be able to operate the Software without problems or interruptions or (iii) that the Software will be free of vulnerability to intrusion or attack. Except for the limited warranty set forth in this section, the Software is provided “AS IS.”
10.2 Disclaimer. EXCEPT FOR THE LIMITED REPRESENTATIONS, WARRANTIES, AND COVENANTS EXPRESSLY STATED in 10.1 and 10.2 HEREIN, THE SOFTWARE, DOCUMENTATION AND MAINTENANCE, AS WELL AS ALL SERVICES, ARE PROVIDED "AS IS," AND MYECHECK AND ITS SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY. THE LICENSEE ACKNOWLEDGES THAT MYECHECK IS NOT RESPONSIBLE FOR AND WILL HAVE NO LIABILITY FOR HARDWARE, SOFTWARE OR OTHER ITEMS OR ANY SERVICES PROVIDED BY ANY PERSON OR ENTITY OTHER THAN MYECHECK OR ITS EMPLOYEES, AGENTS OR CONTRACTORS OR FOR NETWORK FAILURE. THE LICENSEE FURTHER ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT.
Software Warranty. Software Goods are provided by Seller “AS IS” with no warranty of any kind.
Software Warranty. Software is provided subject to the terms of the relevant XXXX for the Software.
Software Warranty. Licensor warrants it has the right and authority to grant the Licence. Licensor warrants the media upon which the Software is supplied to be free from defects, under normal use, for a period of ninety (90) days from the date of purchase. Licensor will replace any defective media if returned within ninety (90) days after purchase. Licensor warrants that the Software will perform substantially in accordance with its specifications for a period of ninety (90) days from the date of purchase. The foregoing warranty is void if failure of the Software is from accident, abuse or misapplication. Licensor's sole obligation and Licensee’s exclusive remedy under this warranty, shall be, at Licensor's option, to either return the price paid, or to repair or replace the Software that fails to meet the limited warranty. Licensor does not warrant that the functions contained in the Software will meet Licensee’s requirements, or that the operation of the Software will be uninterrupted or error free. Licensor offers no warranty regarding the performance of the Software. Licensor will not be held responsible for any loss, damages, claims or costs whatsoever, including any consequential, indirect or incidental damages, lost profits, lost savings, business interruption, lost data or files or damage to property caused by Licensee’s use of the Software, or its inability to use the Software. Licensor's total liability to Licensee, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this Agreement, shall be limited to the Licence fees paid in the period which is 12 months prior to the date on which the event giving rise to the liability first arose. Licensor does not exclude liability for personal injury or death to the extent caused by the negligence of Licensor or any other liability that may not be excluded by law. Licensor shall not be responsible for problems caused by changes in the operating characteristics of computer hardware or computer operating systems which are made after the release of the Software. Any condition or warranty which would otherwise be implied or incorporated into this Agreement, whether by statue, common law or otherwise, is excluded to the extent permissible by law.
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(8), below, the SLA and our then current Support Call Process or to provide you with a functional equivalent. For the avoidance of doubt, to the extent any third-party software is embedded in the Tyler Software, your limited warranty rights are limited to our Defect resolution obligations set forth above; you do not have separate rights against the developer of the embedded third-party software.
Software Warranty a. TIP warrants, for one (1) year from Software delivery to Licensee, that the Software will perform substantially in accordance with the Documentation when operated per TIP’s described environment.
b. Licensee’s sole and exclusive remedy, and TIP’s sole and exclusive obligation, in case of any breach of the foregoing warranty, are to repair or replace the Software as required to cause it to perform as warranted. Should TIP determine that any failure of the Software to perform as warranted is caused in whole or in part by: (i) any modification to or unauthorized use of the Software by Licensee; or (ii) use of the Software by Licensee in an environment other than as recommended by TIP; or (iii) any failure or defect in any equipment, system, network, service or utility not under TIP’s control; or (iv) user error or omission, then TIP shall have no obligation to remedy such failure and may, at its discretion, charge Licensee, and Licensee shall pay TIP, at TIP’s then-current rates for any diagnostic or remediation services related thereto.
c. TIP warrants that it owns all rights in and to the Software Products or otherwise has the authority to enter into this License Agreement, but does not purport to have any rights to or in the development language in which the application Software is written, or the operating system and databases on which it runs. TIP shall defend any action against Licensee for infringement of copyright of the Software Products of TIP, but not for any actions brought against Licensee as a result of Licensee’s modification or unauthorized use of the Software.
d. THE FOREGOING WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY OF TIP RELATIVE TO SOFTWARE, AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR OR INTENDED PURPOSE. TIP DISCLAIMS ANY WARRANTY THAT SOFTWARE WILL MEET ANY PARTICULAR REQUIREMENT OR BUSINESS NEED OF THE LICENSEE, EVEN IF TIP HAS BEEN ADVISED OF SUCH REQUIREMENT OR NEED.
