Common use of Software Warranty and Remedies Clause in Contracts

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.