Software Warranty, Duration and Remedy. RSA warrants to Customer that the Software will, substantially conform to the applicable Documentation, provided that the Software:
(a) has been properly installed and used at all times in accordance with the applicable Documentation; and (b) has not been modified or added to by persons other than RSA or its authorized representative. Except for cases of gross negligence and willful misconduct, in which statutory provisions apply, and unless a different warranty period has been agreed in a particular case, claims for defects in Products shall become time-barred upon expiration of the warranty period set forth in the Product Notice. To the extent the foregoing does not lead to a different period, warranty period shall be one
(1) year. Software warranty commences upon Delivery or notice of availability for electronic download. In case of a defect notified to RSA, RSA shall, at its option, either remedy the defect or replace the affected Product. If RSA is unable to effect such within a reasonable time and Customer has notified RSA in writing of the breach with the request to remedy the defect within a reasonable time period to no avail (whereby Customer shall grant to RSA a reasonable number of attempts (but no less than three) to cure the defect), then Customer has the right to reduce the remuneration or to rescind the purchase order for the Product concerned. Customer is entitled to the foregoing rights also without setting a grace period if RSA has seriously and definitely refused to cure a defect. If Customer rescinds the purchase order, RSA shall refund the amount paid by Customer for the Product concerned as depreciated on a straight line basis over a five (5) year period, upon return of such Product to RSA.
Software Warranty, Duration and Remedy. VMware warrants to You that the Software will, for a period of ninety (90) days following notice of availability for electronic download or delivery (“Warranty Period”), substantially conform to the applicable Documentation, provided that the Software: (a) has been properly installed and used at all times in accordance with the applicable Documentation; and (b) has not been modified or added to by persons other than VMware or its authorized representative. VMware will, at its own expense and as its sole obligation and Your exclusive remedy for any breach of this warranty, either replace that Software or correct any reproducible error in that Software reported to VMware by You in writing during the Warranty Period. If VMware determines that it is unable to correct the error or replace the Software, VMware will refund to You the amount paid by You for that Software, in which case the License for that Software will terminate.
Software Warranty, Duration and Remedy. Kasm Technologies warrants to You that the Software will, for a period of ninety (90) days following notice of availability for electronic download or delivery (“Warranty Period”), substantially conform to the applicable Documentation, provided that the Software: (a) has been properly installed and used at all times in accordance with the applicable Documentation; and (b) has not been modified or added to by persons other than Kasm Technologies or its authorized representative. Kasm Technologies will provide remedy for any breach of this warranty, either replace that Software or correct any reproducible error in that Software reported to Kasm Technologies by You in writing during the Warranty Period. If Kasm Technologies determines that it is unable to correct the error or replace the Software, Kasm Technologies will refund to You the amount paid by You for that Software, in which case the License for that Software will terminate.
Software Warranty, Duration and Remedy. Vendor warrants to Customer that the Software will, for a period of ninety (90) days following Delivery or notice of availability for electronic download (“Warranty Period”), substantially conform to the applicable Documentation, provided that the Software: (i) has been properly installed and used at all times in accordance with the applicable Documentation; and (ii) has not been modified or added to by persons other than Vendor or its authorized representative. Vendor will, at its own expense and as its sole obligation and Customer’s exclusive remedy for any breach of this warranty, either replace that Software or correct any reproducible error in that Software reported to Vendor by Customer in writing during the Warranty Period. If Vendor determines that it is unable to correct the error or replace the Software, Vendor will refund to Customer the amount paid by Customer for that Software, in which case the license for that Software will terminate.
Software Warranty, Duration and Remedy. We warrant that the Software will, for a period of ninety
Software Warranty, Duration and Remedy. Dell warrants that the will, for ninety days following delivery (“Software Warranty Period”), substantially conform to the applicable Documentation. This limited warranty is not transferable. You must report errors to Dell during the Software Warranty Period to invoke this warranty. In response to your error notice, Dell will, at its own expense, either replace that Software or correct any reproducible error. If Dell determines that it is reasonably unable to correct the error or replace the Software, Dell will refund you the amount you have paid for that Software, and your license for that Software will terminate.
Software Warranty, Duration and Remedy. Pivotal warrants to USG that the Software will, for a period of ninety (90) days following Delivery or notice of availability for electronic download (“Warranty Period”), substantially conform to the applicable Documentation, provided that the Software: (i) has been properly installed and used at all times in accordance with the applicable Documentation; and (ii) has not been modified or added to by persons other than Pivotal or its authorized representative. Pivotal will, at its own expense and as its sole obligation and USG’s exclusive remedy for any breach of this warranty, either replace that Software or correct any reproducible error in that Software reported to Pivotal by USG in writing during the Warranty Period. If Pivotal determines that it is unable to correct the error or replace the Software, Pivotal will refund to USG the amount paid by USG for that Software, in which case the license for that Software will terminate.
Software Warranty, Duration and Remedy. Binalyze warrants to You that the Software will, for the License Term (“Warranty Period”), substantially conform to the applicable Documentation, provided that the Software:
(a) has been properly installed and used at all times in accordance with the applicable Documentation; and
(b) has not been modified or added to by persons other than Binalyze or its authorized representative. Binalyze will, at its own expense and as its sole obligation and Your exclusive remedy for any breach of this warranty, either replace that Software or correct any reproducible error in that Software reported to Binalyze by You in writing during the Warranty Period. If Binalyze determines that it is unable to correct the error or replace the Software, Binalyze will refund to You the amount paid by You for that Software in the current License Term, in which case the License for that Software will terminate.
Software Warranty, Duration and Remedy. Digital Fuel warrants to Licensee that the Software will, for a period of ninety (90) days following notice of availability for electronic download or delivery (“Warranty Period”), substantially conform to the applicable Documentation, provided that the Software: (a) has been properly installed and used at all times in accordance with the applicable Documentation; and (b) has not been modified or added to by persons other than Digital Fuel or its authorized representative. Digital Fuel will, at its own expense and as its sole obligation and Licensee’s exclusive remedy for any breach of this warranty, either replace that Software or correct any reproducible error in that Software reported to Digital Fuel by Licensee in writing during the Warranty Period. If Digital Fuel determines that it is unable to correct the error or replace the Software, Digital Fuel will refund to Licensee the amount paid by Licensee for that Software (less straight-line depreciation over a three (3) year useful life beginning on the date such Software was delivered), in which case the License for that Software will terminate.
Software Warranty, Duration and Remedy. During the Subscription Term, AveriSource warrants to You that the Software will substantially conform to the applicable Documentation, provided that the Software: (a) has been properly installed and used at all times in accordance with the applicable Documentation; and (b) has not been modified or added to by persons other than AveriSource or its authorized representative. AveriSource shall not be in breach of the foregoing warranty of any nonconformance with the foregoing warranty is caused by an update, add-on, integration, product, software, or service not provided by AveriSource. AveriSource will, at its own expense and as its sole obligation and Your exclusive remedy for any breach of this warranty, either replace that Software or correct any reproducible error in that Software reported to AveriSource by You in writing during the Subscription Term. If AveriSource determines that it is unable to correct the error or replace the Software, AveriSource will refund to You a pro-rated amount paid by You for that Software covering the unused, remaining portion of the Subscription Term, in which case Your license for that Software will terminate. AveriSource shall not be in breach of the foregoing warranty if a nonconformance is caused by a modification, update, add- on, integration, product, or service not provided by AveriSource.
