Common use of Software Warranty, Duration and Remedy Clause in Contracts

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. RSA SecurID 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 SecurID 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- 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 RSASecurID, RSA SecurID shall, at its option, either remedy the defect or replace the affected Product. If RSA SecurID is unable to effect such within a reasonable time and Customer has notified RSA SecurID 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 SecurID 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 SecurID has seriously and definitely refused to cure a defect. If Customer rescinds the purchase order, RSA SecurID 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 RSASecurID.

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- 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.