Software Warranty and Remedies Sample Clauses

Software Warranty and Remedies. ABB warrants that, except as specified below, the Software will, when properly installed, execute in accordance with ABB's published specification. If a nonconformity to the foregoing warranty is discovered during the period ending one (1) year after the date of shipment and written notice of such nonconformity is provided to ABB promptly after such discovery and within that period, including a description of the nonconformity and complete information about the manner of its discovery, ABB shall correct the nonconformity by, at its option, either (i) modifying or making available to the Purchaser instructions for modifying the Software; or (ii) making available at ABB's facility necessary corrected or replacement programs. ABB shall have no obligation with respect to any nonconformities resulting from (i) unauthorized modification of the Software or (ii) Purchaser-supplied software or interfacing. ABB does not warrant that the functions contained in the software will operate in combinations which may be selected for use by the Purchaser, or that the software products are free from errors in the nature of what is commonly categorized by the computer industry as "bugs".
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Software Warranty and Remedies. Provider warrants that, during the applicable Warranty Period, the operation of the Software, as provided by Provider, will substantially conform to its Documentation (the “Software Warranty”). The “Warranty Period” for On-Premises Software shall be ninety (90) days following the initial delivery of the Software pursuant to an Order; and for SaaS Software shall be the duration of the SaaS Term. Provided Customer notifies Provider of any breach of the foregoing warranty within the Warranty Period, Provider shall at its option (i) correct or provide a workaround for reproducible errors in the Software that caused the breach within a reasonable time considering the severity of the error and its effect on Customer or (ii) refund the license fees paid for the applicable nonconforming On-Premises Software in exchange for a return of such nonconforming On-Premises Software or provide a credit of the fees allocable to the period during which the SaaS Software was not operating in substantial conformance with the applicable Documentation. These are Customer’s sole and exclusive remedies and Provider’s sole obligation for any such breach of the Software Warranty.
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Software Warranty and Remedies. Extrel warrants that, except as set forth below, the Software will, when properly installed and used, substantially perform in accordance with Extrel's published specifications at normal workload volumes. If a nonconformity to the foregoing warranty is discovered during the period ending one (1) year after the date of shipment and written notice containing a description of the nonconformity is provided to Extrel promptly after such discovery and within that period, Extrel will, at its option, either: (i) modify or make available to Purchaser instructions for modifying the Software; or (ii) make available at Extrel's facility necessary corrected or replacement Software. If neither (i) nor (ii) is commercially feasible for Extrel, Extrel will refund the portion of the price applicable to the non-conforming Software. Extrel will have no obligation with respect to any nonconformities resulting from unauthorized modification of the Software or Purchaser-supplied software or interfacing. Extrel does not warrant that the functions contained in the Software will operate in combinations which may be selected for use by Purchaser, or that the Software is free from errors.
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Software Warranty and Remedies. ZBB warrants that, except as specified below, the Software will, when properly installed, execute in accordance with ZBB’s published specification. If a nonconformity to the foregoing warranty is discovered during the period ending one (1) year after the date of shipment and written notice of such nonconformity is provided to ZBB within that period, including a description of the nonconformity and reasonable information about the manner of its discovery, ZBB shall correct the nonconformity by, at ZBB’s option, either (i) modifying or making available to the applicable Ordering Party instructions for modifying the Software; or (ii) making available at ZBB’s facility necessary corrected or replacement programs. ZBB shall have no obligation with respect to any nonconformities resulting from and to the extent of any (1) unauthorized modification of the Software or (2) non-ZBB-supplied software or interfacing. ZBB does not warrant that the functions contained in the software will operate in combinations which may be selected for use by the Ordering Party, or that the software products are free from errors in the nature of what is commonly categorized by the computer industry as “bugs.”
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Software Warranty and Remedies a. Limitation on Damages IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE OF DATA OR FOR DIRECT, INDIRECT, SPE- CIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND EVEN IF THE PARTY BEING CHARGED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS. IN NO CASE SHALL ONTRAC BE LIABLE FOR ANY REPRESENTATION OF WARRANTY MADE TO ANY THIRD PARTY BY CUSTOMER REGARDING THE PERFORMANCE OF TRANSCAN/LAN. EXCEPT FOR CLAIMS OF INFRINGEMENT OF COPYRIGHT, PATENT OR OTHER PROPRIETARY RIGHTS OF ANY THIRD PARTY, IN NO EVENT SHALL ONTRAC'S LIABILITY FOR DAMAGES ARISING OR ALLEGED TO HAVE ARISEN FROM THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID TO ONTRAC BY CUSTOMER.
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Software Warranty and Remedies. ABB warrants that, except as specified below, the Software will, when properly installed, execute in accordance with ABB's published specification. If a nonconformity to the foregoing warranty is discovered during the period ending one (1) year after the date of shipment and written notice of such nonconformity is provided to ABB promptly after such discovery and within that period, including a description of the nonconformity and complete information about the manner of its discovery, ABB shall correct the nonconformity by, at its option, either (i) modifying or making available to the Purchaser instructions for modifying the Software; or (ii) making available at ABB's facility necessary corrected or replacement programs. ABB shall have no obligation with respect to any nonconformities resulting from (i) unauthorized modification of the Software or
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Software Warranty and Remedies. PPLC warrants that, except as specified below, the Software will, when properly installed, execute in accordance with PPLC's published specification. If a nonconformity to the foregoing warranty is discovered during the period ending one (1) year after the date of shipment and written notice of such nonconformity is provided to PPLC promptly after such discovery and within that period, including a description of the nonconformity and complete information about the manner of its discovery, PPLC shall correct the nonconformity by, at its option, either (i) modifying or making available to the Purchaser instructions for modifying the Software; or (ii) making available at PPLC's facility necessary corrected or replacement programs. PPLC shall have no obligation with respect to any nonconformities resulting from (i) unauthorized modification of the Software or (ii) Purchaser-supplied software or interfacing. PPLC does not warrant that the functions contained in the software will operate in combinations that may be selected for use by the Purchaser, or that the software products are free from errors in the nature of what is commonly categorized by the computer industry as "bugs".
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Software Warranty and Remedies. FSMB warrants that, except as specified below, the Software will, when properly installed, execute in accordance with FSMB, and/or Software Designer’s published specification. If a nonconformity to the foregoing warranty is discovered during the period ending one (1) year after the date of acceptance and written notice of such nonconformity is provided to FSMB promptly after such discovery and within that period, including a description of the nonconformity and complete information about the manner of its discovery, FSMB shall correct the nonconformity by, at its option, either (i) modifying or making available to the Purchaser instructions for modifying the Software; or (ii) making available at FSMB’s facility necessary corrected or replacement programs. FSMB shall have no obligation with respect to any nonconformities resulting from (i) unauthorized modification of the Software or (ii) Purchaser-supplied software or interfacing. FSMB does not warrant that the functions contained in the software will operate in combinations which may be selected for use by the Purchaser, or that the provided software products are free from errors in the nature of what is commonly categorized by the computer industry as "bugs".
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Software Warranty and Remedies 
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Related to Software Warranty and Remedies

  • Waivers and Remedies The waiver by any of the parties hereto of any other party's prompt and complete performance, or breach or violation, of any provision of this Agreement shall not operate nor be construed as a waiver of any subsequent breach or violation, and the waiver by any of the parties hereto to exercise any right or remedy which it may possess hereunder shall not operate nor be construed as a bar to the exercise of such right or remedy by such party upon the occurrence of any subsequent breach or violation.

  • Termination and Remedies Provided no TO is outstanding and remains to be performed by either party, this Agreement may be terminated by either party upon 30 days prior written notice to the other party. Any TO may be terminated under the following circumstances: by both Parties on mutual written agreement of the Parties; by either Party for its convenience with written notice and after the Termination Notice Period specified in the Additional Terms has expired; by Mercy Corps immediately upon written notice in the event Mercy Corps’ donor(s) terminates or withdraws funding that Mercy Corps would use to pay Contractor under the Additional Terms; by either Party due to the non-terminating Party’s breach of this Agreement and failure to correct such breach within 15 days prior notice of such breach; be either Party upon written notice if a force majeure event, including any not reasonably foreseeable war, insurrection, change in law or government action or inaction, strike, natural disaster or similar event, prevents the terminating Party from being able to fulfill its obligations under this Agreement; or by Mercy Corps immediately upon written notice if Mercy Corps using its sole discretion determines that Contractor has or will breach any of its warranties, covenants or representations in this Agreement, in which case Mercy Corps may withhold any and all amounts owed to Contractor until such breach is remedied. In the event of termination due to Contractor’s breach or by Contractor for Contractor’s convenience, Mercy Corps will not be obligated to pay Contractor for any partially completed work. In the event termination is due to Mercy Corps’ breach, by Mercy Corps for Mercy Corps convenience, due to force majeure event, or due to loss of funding, Mercy Corps will be obligated to pay Contractor for its reasonable, pro-rated costs of work completed and expenses properly incurred prior to termination. However, Mercy Corps will not be responsible for any expenses incurred in anticipation of termination or suspension. If Mercy Corps determines that Contractor has or will breach any of its warranties, covenants or representations in this Agreement, Mercy Corps may, in addition to any other remedies for such breach available at law or in equity, terminate this Agreement.

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