Software Warranty Exclusions Sample Clauses
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Software Warranty Exclusions. The foregoing warranties do not apply to any of the following:
(i) Damage arising from any cause beyond PTG's reasonable control, including, without limitation, damage due to the improper operation or use of Software by Clerk, abuse or misuse of Software other than as designed or intended, malfunctions caused by alteration or tampering, or any reason specified in §15 (Excusable Delays) of this Agreement.
(ii) Damage resulting from movement of Software after its initial installation.
(iii) Malfunction or breakdown of Software due to attachment to, or addition or use of, software not supplied by PTG with the Software, or as a result of attachment of the Software to hardware or software by anyone other than PTG, or as a result of hardware associated problems.
(iv) Damage, malfunction, or breakdown of Software due to improper operating environment, including, without limitation, temperature, humidity, dust, or static charge.
(v) Destruction or damage, in whole or in part, of Software by any Person other than PTG.
Software Warranty Exclusions. The foregoing warranties do not apply to any of the following:
6.2.1. Damage arising from any cause beyond Licensor's reasonable control, including, without limitation, damage due to the improper operation or use of Software by Customer, abuse or misuse of Software other than as designed or intended, malfunctions caused by alteration or tampering, or any reason specified in section 15 of this Agreement.
6.2.2. Damage resulting from movement of Software after its initial installation.
6.2.3. Malfunction or breakdown of Software due to attachment to, or addition or use of, software not supplied by Licensor with the Software, or as a result of attachment of the Software to hardware or software by anyone other than Licensor, or as a result of hardware associated problems.
6.2.4. Damage, malfunction, or breakdown of Software due to improper operating environment, including, without limitation, temperature, humidity, dust, or static charge.
6.2.5. Destruction or damage, in whole or in part, of Software by any Person other than Licensor.
6.2.6. Any harm or damages caused by any Third-Party Software or Third-Party Data providers.
Software Warranty Exclusions. During the term, FIS warrants and represents that the System and the Additional Licensed Software shall be free of material defects, compatible with Client’s current hardware and shall perform in accordance with the then-current User Manuals. Any failure of the Software to meet the terms and conditions of this warranty shall be handled within the time periods and in the manner provided by Exhibit A Section 4 “Event Management and Notification Time Frames for Core Addenda” to the Core Processing Services Addendum . The warranty set forth in Section 11 of the Addendum does not apply to any of the following:
(a) Damage arising from any cause beyond FIS’s reasonable control including, but not limited to: (i) damage due to the improper operation of the Additional Licensed Software; (ii) damage due to storms, fire, flood, other acts of God, attack, civil commotion, war, settling of walls or foundations; (iii) damage resulting from abuse of the Additional Licensed Software or usage of the Additional Licensed Software other than as specified in the then-current documentation; or (iv) malfunctions caused by alterations or tampering.
(b) Malfunction or breakdown of Additional Licensed Software due to attachment, or addition or use of software and/or equipment not approved by FIS.
(c) Destruction in whole or in part of the Additional Licensed Software by any person other than FIS, its agents, servants, or employees.
Software Warranty Exclusions. The Standard Software Warranty does not apply to any Software that:
(1) Has been altered or modified, except by Seller;
(2) Has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Seller;
(3) Has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident; and/or
(4) Is used in ultra-hazardous activities.
Software Warranty Exclusions. The warranty set forth in Section 4.2 does not apply to any of the following:
(a) Improper operation of the Software;
(b) An event of force majeure;
(c) Abuse or misuse of the Software;
(d) Malfunctions of the Software caused by alterations or tampering;
(e) Malfunction of the Software due to attachment, or addition or use of software and/or equipment not approved by Fidelity; or
(f) Destruction in whole or in part of the Software by any person other than Fidelity, its agents, representatives, or employees.
Software Warranty Exclusions. The warranty set forth in Section 4.2 does not apply to any of the following:
(a) Damage arising from any cause beyond Fidelity's reasonable control including, but not limited to: (i) damage due to the improper operation of the Additional Licensed Software; (ii) damage due to storms, fire, flood, other acts of God, attack, civil commotion, war, settling of walls or foundations; (iii) damage resulting from abuse of the Additional Licensed Software or usage of the Additional Licensed Software other than as specified in the then-current documentation; or (iv) malfunctions caused by alterations or tampering.
(b) Malfunction or breakdown of Additional Licensed Software due to attachment, or addition or use of software and/or equipment not approved by Fidelity.
(c) Destruction in whole or in part of the Additional Licensed Software by any person other than Fidelity, its agents, servants, or employees.