Common use of Software Warranty and Remedies Clause in Contracts

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.

Appears in 6 contracts

Samples: Emea Services Agreement, Software Transaction Agreement, Software Transaction Agreement

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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 For On-Premises Software Software, the warranty shall be for 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 TermTerm (the “Warranty Period”). 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.

Appears in 2 contracts

Samples: Software Transaction Agreement, Software Transaction Agreement

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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 ti me 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.

Appears in 1 contract

Samples: Software Transaction Agreement

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