Common use of Software Warranty Clause in Contracts

Software Warranty. (a) MyECheck warrants that it has exclusive ownership of intellectual property to the exclusion of any other in terms of copyrights and all other forms of legal and other intellectual property rights and shall take full responsibility for any and all forms of contention challenging this claim and shall indemnify and continue to indemnify the Licensee and third parties relying on this information on all type of interaction with the Licensee. (b) MyECheck warrants to the Licensee’s Customer, and not to subsequent end users, of the Software product that six (6) months from the date the Software is first used in Production until the expiration of the sub-license purchased from the Licensee and as renewed from time to time, the Software shall substantially conform to the specification for the Software Documentation as such may change from time to time. MyECheck does not warrant (i) that the Software is error free, (ii) that Customer will be able to operate the Software without problems or interruptions or (iii) that the Software will be free of vulnerability to intrusion or attack. Except for the limited warranty set forth in this section, the Software is provided “AS IS.” 10.2 Disclaimer. EXCEPT FOR THE LIMITED REPRESENTATIONS, WARRANTIES, AND COVENANTS EXPRESSLY STATED in 10.1 and 10.2 HEREIN, THE SOFTWARE, DOCUMENTATION AND MAINTENANCE, AS WELL AS ALL SERVICES, ARE PROVIDED "AS IS," AND MYECHECK AND ITS SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY. THE LICENSEE ACKNOWLEDGES THAT MYECHECK IS NOT RESPONSIBLE FOR AND WILL HAVE NO LIABILITY FOR HARDWARE, SOFTWARE OR OTHER ITEMS OR ANY SERVICES PROVIDED BY ANY PERSON OR ENTITY OTHER THAN MYECHECK OR ITS EMPLOYEES, AGENTS OR CONTRACTORS OR FOR NETWORK FAILURE. THE LICENSEE FURTHER ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT.

Software Warranty. (a) MyECheck warrants that it has exclusive ownership of intellectual property to the exclusion of any other in terms of copyrights and all other forms of legal and other intellectual property rights and shall take full responsibility for any and all forms of contention challenging this claim and shall indemnify and continue to indemnify the Licensee and third parties relying on this information on all type of interaction with the Licensee. (b) MyECheck RightNow warrants to the Licensee’s Customer, and not to subsequent end users, of Customer that: (1) the Software product that six will function substantially as described in the Documentation for so long as Customer is entitled to receive Support Services hereunder; (62) months from RightNow owns or otherwise has the date right to license the Software is first used in Production until the expiration of the sub-license purchased from the Licensee and as renewed from time Documentation to timeCustomer under this Agreement; (3) on delivery, the Software shall substantially conform to the specification for the Software Documentation as such may change from time to time. MyECheck does not warrant (i) that the Software is error free, (ii) that Customer will be able to operate the Software without problems or interruptions or (iii) that the Software will be free from any virus, time bomb, trojan horse, worm, drop dead device or other computer software code or routine designed to disable, damage or erase the Software, provided that the foregoing shall not apply if same could not have been detected by RightNow using commercially reasonable virus detection or other scanning practices; (b) If there is a material breach of vulnerability the above warranties, RightNow's entire liability and Customer’s exclusive remedy shall be: (1) if the Software does not function substantially in accordance with the applicable Documentation, RightNow shall, at its option, (i) promptly modify the Software to intrusion conform to the Documentation; or attack(ii) promptly provide a reasonable workaround solution which will reasonably meet Customer’s requirements. Except If neither of the foregoing is commercially feasible, either party may terminate this Agreement, in which case RightNow shall refund to Customer all license fees paid to RightNow hereunder less an amount for use assuming straight line depreciation over the limited warranty set forth in this sectionlesser of the license term or three (3) years; (2) if the normal operation, possession or use of the Software by Customer is found to infringe any third party U.S. intellectual property right or RightNow believes that the Software is provided “AS ISlikely to do so, RightNow may, at its option, (i) obtain a license from such third party for the benefit of Customer; (ii) replace or modify the Software so that it is no longer infringing; or (iii) if neither of the foregoing is commercially feasible, terminate this Agreement , in which case RightNow shall refund to Customer all license fees paid to RightNow hereunder less an amount for use assuming straight line depreciation over the lesser of the license term or three (3) years.” 10.2 Disclaimer. EXCEPT FOR THE LIMITED REPRESENTATIONS, WARRANTIES, AND COVENANTS EXPRESSLY STATED in 10.1 and 10.2 HEREIN, THE SOFTWARE, DOCUMENTATION AND MAINTENANCE, AS WELL AS ALL SERVICES, ARE PROVIDED "AS IS," AND MYECHECK AND ITS SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY. THE LICENSEE ACKNOWLEDGES THAT MYECHECK IS NOT RESPONSIBLE FOR AND WILL HAVE NO LIABILITY FOR HARDWARE, SOFTWARE OR OTHER ITEMS OR ANY SERVICES PROVIDED BY ANY PERSON OR ENTITY OTHER THAN MYECHECK OR ITS EMPLOYEES, AGENTS OR CONTRACTORS OR FOR NETWORK FAILURE. THE LICENSEE FURTHER ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT.;

Software Warranty. As long as Licensee uses the Software as intended by this Agreement and ensures that the hardware or systems on which it runs the Software does meet the Company’s minimum specifications in order for the Software to adequately perform, then Company represents to Licensee that: (a1) MyECheck warrants that it has exclusive ownership of intellectual property the Software shall operate without any Errors; and (2) upon notification to the exclusion Company of any other in terms of copyrights Errors, Company will, during its normal business hours and all other forms of legal at no cost to Licensee, use reasonable efforts to correct such Errors which are reproducible and other intellectual property rights and shall take full responsibility for verifiable by Company, excluding any and all forms of contention challenging this claim and shall indemnify and continue to indemnify the Licensee and third parties relying on this information on all type of interaction with the Licensee. (b) MyECheck warrants to the Licensee’s Customer, and not to subsequent end users, Errors caused by uses of the Software product not in accordance with the Specifications. In the event that six (6) months from Licensee notifies Company of an Error, Company's sole liability, and Licensee's sole remedy, will be Company's use of reasonable efforts to correct such Errors or, in Company's sole discretion, to refund the date portion of the prepaid Price applicable to the portion of the Software which is first used in Production until the expiration of the subdefective. THE WARRANTY SET FORTH HERE IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY COMPANY. COMPANY EXPRESSLY DISCLAIMS, AND LICENSEE HEREBY EXPRESSLY WAIVES, ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-license purchased from the Licensee and as renewed from time to timeFREE, the Software shall substantially conform to the specification for the Software Documentation as such may change from time to timeOR THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED. MyECheck does not warrant (i) that the Software is error freeCOMPANY’S LIMITED WARRANTY IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF COMPANY FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, (ii) that Customer will be able to operate the Software without problems or interruptions or (iii) that the Software will be free of vulnerability to intrusion or attackOPERATION OR PERFORMANCE OF THE SOFTWARE. Except for the limited warranty set forth in this section, the Software is provided “AS IS.” 10.2 DisclaimerTHE PARTIES AGREE THAT THE SOFTWARE'S FAILURE TO PERFORM IN ACCORDANCE WITH THE SPECIFICATIONS SHALL NOT BE CONSIDERED A FAILURE OF THE ESSENTIAL PURPOSE OF THE REMEDIES CONTAINED HEREIN. EXCEPT FOR THE ABOVE LIMITED REPRESENTATIONS, WARRANTIES, AND COVENANTS EXPRESSLY STATED in 10.1 and 10.2 HEREINWARRANTY, THE ENTIRE RISK OF THE SOFTWARE, DOCUMENTATION 'S QUALITY AND MAINTENANCE, AS WELL AS ALL SERVICES, ARE PROVIDED "AS IS," AND MYECHECK AND ITS SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY. THE LICENSEE ACKNOWLEDGES THAT MYECHECK PERFORMANCE IS NOT RESPONSIBLE FOR AND WILL HAVE NO LIABILITY FOR HARDWARE, SOFTWARE OR OTHER ITEMS OR ANY SERVICES PROVIDED BY ANY PERSON OR ENTITY OTHER THAN MYECHECK OR ITS EMPLOYEES, AGENTS OR CONTRACTORS OR FOR NETWORK FAILURE. THE LICENSEE FURTHER ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENTWITH LICENSEE.

Software Warranty. (a) MyECheck Grandstream warrants to our Certified Partner that our software programs licensed hereunder will perform in substantial conformance to the applicable program specifications during the warranty period specified below. Grandstream warrants the media containing the software against failure and that it is free from defects in materials and workmanship. During the warranty period Grandstream warrants that it has exclusive ownership will not intentionally introduce into the software any protection feature designed to prevent its use. It is further acknowledged that software in general is not error-free and the parties agree that the existence of intellectual property such minor errors does not mean it does not perform in substantial conformance to the exclusion applicable program specification. It is explicitly acknowledged, for the avoidance of any other doubt, that VoIP equipment in terms of copyrights general is not one hundred (100) percent secure and all other forms of legal and other intellectual property rights and shall take full responsibility Grandstream assumes no liability under this Policy for any damage suffered whether by Certified Partner or any end user because of encroachments or other activities by unauthorized parties. The warranty does not apply to damaged or defective products or parts when caused by improper use, abuse, incorrect installation, mismanagement, normal “wear and all forms of contention challenging this claim tear”, faulty storage or by using the products outside the specifications detailed in manuals and shall indemnify and continue to indemnify the Licensee and third parties relying on this information on all type of interaction with the Licensee. (b) MyECheck warrants documentations relating to the Licenseeproducts, or outside the carrier’s Customer, and not to subsequent end users, conditions of the Software product that six (6) months from the date the Software is first used in Production until the expiration of the sub-license purchased from the Licensee and as renewed from time to time, the Software shall substantially conform to the specification for the Software Documentation as such may change from time to timecarriage or other handling stipulations. MyECheck does not warrant (i) that the Software is error free, (ii) that Customer will be able to operate the Software without problems or interruptions or (iii) that the Software will be free of vulnerability to intrusion or attack. Except for the limited warranty set forth in this section, the Software is provided “AS IS.” 10.2 Disclaimer. EXCEPT FOR TO THE LIMITED REPRESENTATIONS, WARRANTIES, AND COVENANTS EXPRESSLY STATED in 10.1 and 10.2 HEREINFULLEST EXTENT ALLOWED BY LAW, THE SOFTWARE, DOCUMENTATION WARRANTIES AND MAINTENANCE, AS WELL AS ALL SERVICES, ARE PROVIDED "AS IS," AND MYECHECK AND ITS SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY. THE LICENSEE ACKNOWLEDGES THAT MYECHECK IS NOT RESPONSIBLE FOR AND WILL HAVE NO LIABILITY FOR HARDWARE, SOFTWARE OR OTHER ITEMS OR ANY SERVICES PROVIDED BY ANY PERSON OR ENTITY OTHER THAN MYECHECK OR ITS EMPLOYEES, AGENTS OR CONTRACTORS OR FOR NETWORK FAILURE. THE LICENSEE FURTHER ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES REMEDIES SET FORTH IN THIS AGREEMENTAGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CORRESPONDENCE WITH DESCRIPTION AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. GRANDSTREAM'S WARRANTIES HEREIN RUN ONLY TO CERTIFIED PARTNERS OF Grandstream Networks, Inc. 000 Xxxxxxxxx Xxxxxx, 0xx Xxxxx Xxxxxx, XX 00000 Tel: 000 000-0000, Fax: 000 000-0000, AND ARE NOT EXTENDED TO ANY THIRD PARTIES WHICH, FOR THE AVOIDANCE OF DOUBT, INCLUDES ANY END USERS, RESELLERS, AGENTS, OR DEALERS OF CERTIFIED PARTNERS. GRANDSTREAM NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE OR USE OF ITS PRODUCTS, AND GRANDSTREAM MAKES NO WARRANTY WHATSOEVER FOR ANY NON-STANDARD PRODUCTS SUPPLIED BY IT HEREUNDER. .

Software Warranty. (a) MyECheck warrants that it has exclusive ownership of intellectual property to the exclusion of any other in terms of copyrights and all other forms of legal and other intellectual property rights and shall take full responsibility for any and all forms of contention challenging this claim and shall indemnify and continue to indemnify the Licensee and third parties relying on this information on all type of interaction with the Licensee. (b) MyECheck 6.1 ZyLAB warrants to Ordering Activity that, for a period of ninety (90) days from the Licensee’s Customer, and not to subsequent end users, effective date of the Software product that six applicable Product Order Form (6) months from the date the Software is first used in Production until the expiration of the sub-license purchased from the Licensee and as renewed from time to time“Warranty Period”), the Software shall delivered pursuant to such Product Order Form will perform substantially conform to in accordance with the specification for documentation accompanying such Software. If the Software Documentation as fails to perform substantially in accordance with the documentation, Ordering Activity must notify ZyLAB in writing within the Warranty Period. If ZyLAB receives such may change from time notice within the Warranty Period, ZyLAB shall use commercially reasonable efforts to time. MyECheck does not warrant (i) that repair or replace the Software to make it perform in accordance with the documentation. If, after using commercially reasonable efforts, ZyLAB is error free, (ii) that Customer will be not able to operate replace or repair the Software without problems or interruptions or (iii) so that it performs substantially in accordance with the Software will be free documentation, Ordering Activity may terminate this Agreement upon written notice to ZyLAB and ZyLAB shall refund to Ordering Activity the fees paid by Ordering Activity for such non-conforming Software. The foregoing are Ordering Activity's sole and exclusive remedies for breach of vulnerability to intrusion or attackthis warranty. Except for the limited The warranty set forth in this section, Section 6.1 shall not apply if: (i) the Software is has not been properly installed and used at all times in accordance with the Documentation and supported platforms; (ii) Ordering Activity (either itself or via a third party on its behalf) has modified the Software; or (iii) Ordering Activity has combined the Software with other software or hardware not provided “AS ISby ZyLAB.” 10.2 Disclaimer. 6.2 EXCEPT FOR THE LIMITED REPRESENTATIONS, WARRANTIES, AND COVENANTS WARRANTY EXPRESSLY STATED in 10.1 and 10.2 HEREINSET FORTH IN SECTION 6.1 ABOVE, THE SOFTWARE, DOCUMENTATION AND MAINTENANCE, AS WELL AS ALL SERVICES, ARE SOFTWARE IS PROVIDED "AS IS," AND MYECHECK AND WITHOUT WARRANTY BY ZYLAB AND/OR ANY OF ITS SUPPLIERS HEREBY LICENSORS OF ANY KIND. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, ZYLAB AND/OR ANY OF ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY KIND WARRANTY OF NON-INFRINGEMENT. THERE IS NO WARRANTY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ORDERING ACTIVITY’S REQUIREMENTS, OR NATURE, WHETHER EXPRESS, IMPLIED THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR STATUTORYERROR-FREE. THE LICENSEE ACKNOWLEDGES THAT MYECHECK IS NOT RESPONSIBLE FOR AND WILL HAVE NO LIABILITY FOR HARDWARE, SOFTWARE OR OTHER ITEMS ZYLAB AND/OR ANY SERVICES PROVIDED OF ITS LICENSORS DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE WITH RESPECT TO ITS PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO ZYLAB AND/OR ENTITY OTHER THAN MYECHECK OR ANY OF ITS EMPLOYEES, AGENTS OR CONTRACTORS OR FOR NETWORK FAILURE. THE LICENSEE FURTHER ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENTLICENSORS.

Software Warranty. (a) MyECheck Licensor warrants that the Software under normal use will conform substantially to its most current Documentation for ninety (90) days from the effective date of the Term, and during the period of ME&S coverage. This warranty does not apply to Trial Evaluation Software licenses which are provided without warranty. b) In the event the Software fails to perform as warranted in Section a) above, Licensor’s sole obligation, at Licensor’s option, will be to: 1) correct the non-conforming Software within a reasonable time so that it has exclusive ownership of intellectual property conforms to the exclusion warranty, or 2) if the Documentation is in error, modify the Documentation to accurately reflect the Software’s intended functionality without substantially compromising its principal function, or 3) permit Licensee to terminate the non-conforming Software license and refund to Licensee a pro-rata amount of any other in terms the license fee paid for the Software. For a Paid-up License, the pro-rata license fee refund will be calculated on a straight-line depreciation over a 30-month period from the effective date of copyrights and all other forms of legal and other intellectual property rights and shall take full responsibility for any and all forms of contention challenging this claim and shall indemnify and continue to indemnify the Licensee and third parties relying on this information on all type of interaction with the Licenseeits perpetual license term. (bc) MyECheck warrants This warranty does not apply to Software: 1) altered or modified by or on behalf of Licensee, 2) if Licensee fails to implement other than the Licensee’s Customer, and not to subsequent end users, two most recent commercially available releases of the Software product provided that six (a current release is not required to correct the Software problem, 3) problems due to a failure or error of the Licensed Server or operating systems, 4) problems or errors caused by use in combination with hardware not supported by the Software, 5) problems or errors caused by use in combination with other software, including, but not limited to, user subroutines, applications, models or other customizations, 6) months from the date the used other than in accordance with this Agreement or applicable Software is first used in Production until the expiration of the sub-license purchased from the Licensee and as renewed from time to timeDocumentation, the Software shall substantially conform to the specification for the Software Documentation as such may change from time to time. MyECheck does not warrant (ior 7) that the Software is error freeproblems caused by Licensee’s negligent acts or omissions. d) EXCEPT FOR THIS EXPRESS WARRANTY, (ii) that Customer will be able to operate the Software without problems or interruptions or (iii) that the Software will be free of vulnerability to intrusion or attack. Except for the limited warranty set forth in this section, the Software is provided THE SOFTWARE IS PROVIDED “AS IS.” 10.2 Disclaimer, INCLUDING WITHOUT WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR LICENSOR, ITS DESIGNATED AFFILIATES, CHANNEL SALES REPRESENTATIVES OR THIRD PARTY SOFTWARE SUPPLIERS DO NOT WARRANT THAT THE LIMITED REPRESENTATIONSSOFTWARE WILL MEET LICENSEE’S REQUIREMENTS (WHETHER OR NOT THEY KNOW, WARRANTIESSHOULD HAVE KNOWN OR BECOME AWARE), OR THAT THE SOFTWARE OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. LICENSOR, ITS DESIGNATED AFFILIATES, CHANNEL SALES REPRESENTATIVES AND COVENANTS EXPRESSLY STATED in 10.1 and 10.2 HEREIN, THE SOFTWARE, DOCUMENTATION AND MAINTENANCE, AS WELL AS ALL SERVICES, ARE PROVIDED "AS IS," AND MYECHECK AND ITS THIRD PARTY SOFTWARE SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OTHER WARRANTIES, CONDITIONS OR REPRESENTATIONS, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING THAT THE SOFTWARE IS NON-INFRINGING. REMEDY FOR INFRINGEMENT IS PROVIDED FOR UNDER THE INFRINGEMENT SECTION. Some states and jurisdictions do not allow limitations on implied warranties and in such case the preceding limitation may not apply to Licensee. In that event, such warranties are limited to the minimum warranty scope and period allowed by applicable law. e) THE REMEDIES UNDER THIS SECTION ARE LICENSEE’S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY. THE LICENSEE ACKNOWLEDGES THAT MYECHECK IS NOT RESPONSIBLE FOR AND WILL HAVE NO LIABILITY FOR HARDWARE, SOFTWARE OR OTHER ITEMS OR ANY SERVICES PROVIDED BY ANY PERSON OR ENTITY OTHER THAN MYECHECK OR ITS EMPLOYEES, AGENTS OR CONTRACTORS OR FOR NETWORK FAILURE. THE LICENSEE FURTHER ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENTWARRANTY.

Software Warranty. As long as Licensee uses the Product as intended by this Agreement, then the Company represents to Licensee that: (ai.) MyECheck warrants the Product shall operate without Errors for Licensee’s use; and (ii.) upon notification to Company of Errors, Company will, during its normal business hours and at no cost to Licensee, use reasonable efforts to correct such Errors which are reproducible and verifiable by Company, excluding any Errors caused by uses of the Product not in accordance with the Specifications. In the event, that it has exclusive ownership Licensee notifies Company of intellectual property an Error, Company's sole liability, and Licensee's sole remedy, will be Company's use of reasonable efforts to correct such Errors or, in Company's sole discretion, to refund the portion of the prepaid Price applicable to the exclusion of any other in terms of copyrights and all other forms of legal and other intellectual property rights and shall take full responsibility for any and all forms of contention challenging this claim and shall indemnify and continue to indemnify the Licensee and third parties relying on this information on all type of interaction with the Licensee. (b) MyECheck warrants to the Licensee’s Customer, and not to subsequent end users, portion of the Software product that six (6) months from the date the Software which is first used in Production until the expiration of the subdefective. THE WARRANTY SET FORTH HERE IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY COMPANY. COMPANY EXPRESSLY DISCLAIMS, AND LICENSEE HEREBY EXPRESSLY WAIVES, ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE PRODUCT WILL MEET LICENSEE'S REQUIREMENTS OR THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-license purchased from the Licensee and as renewed from time to timeFREE, the Software shall substantially conform to the specification for the Software Documentation as such may change from time to timeOR THAT ERRORS IN THE PRODUCT WILL BE CORRECTED. MyECheck does not warrant (i) that the Software is error freeCOMPANY’S LIMITED WARRANTY IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF COMPANY FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, (ii) that Customer will be able to operate the Software without problems or interruptions or (iii) that the Software will be free of vulnerability to intrusion or attackOPERATION OR PERFORMANCE OF THE SOFTWARE. Except for the limited warranty set forth in this section, the Software is provided “AS IS.” 10.2 DisclaimerTHE PARTIES AGREE THAT THE PRODUCT'S FAILURE TO PERFORM IN ACCORDANCE WITH THE SPECIFICATIONS SHALL NOT BE CONSIDERED A FAILURE OF THE ESSENTIAL PURPOSE OF THE REMEDIES CONTAINED HEREIN. EXCEPT FOR THE ABOVE LIMITED REPRESENTATIONS, WARRANTIES, AND COVENANTS EXPRESSLY STATED in 10.1 and 10.2 HEREINWARRANTY, THE SOFTWARE, DOCUMENTATION ENTIRE RISK OF THE PRODUCT'S QUALITY AND MAINTENANCE, AS WELL AS ALL SERVICES, ARE PROVIDED "AS IS," AND MYECHECK AND ITS SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY. THE LICENSEE ACKNOWLEDGES THAT MYECHECK PERFORMANCE IS NOT RESPONSIBLE FOR AND WILL HAVE NO LIABILITY FOR HARDWARE, SOFTWARE OR OTHER ITEMS OR ANY SERVICES PROVIDED BY ANY PERSON OR ENTITY OTHER THAN MYECHECK OR ITS EMPLOYEES, AGENTS OR CONTRACTORS OR FOR NETWORK FAILURE. THE LICENSEE FURTHER ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENTWITH LICENSEE.

Software Warranty. (a) MyECheck For new perpetual on-premises license purchases or term on-premises license purchases, ConvergeOne warrants that it has exclusive ownership the VHT Software will perform in substantial accordance with its technical documentation for a period of intellectual property to the exclusion of any other in terms of copyrights and all other forms of legal and other intellectual property rights and shall take full responsibility for any and all forms of contention challenging this claim and shall indemnify and continue to indemnify the Licensee and third parties relying on this information on all type of interaction with the Licensee. ninety (b90) MyECheck warrants to the Licensee’s Customer, and not to subsequent end users, of the Software product that six (6) months days from the date the Software is first used of ConvergeOne’s order with VHT. This warranty will not apply to any problems caused by third party software, use other than in Production until the expiration accordance with its technical documentation or misuse of the sub-VHT Software. If End User believes there is a breach of the above warranty, then End User must notify ConvergeOne no later than 30 days after the end of the warranty period and provide reasonable cooperation to ConvergeOne and/or VHT. ConvergeOne and/or VHT will use commercially reasonable efforts to remedy covered warranty claims within a reasonable period of time or replace the VHT Software, or if it cannot do so it will refund to End User the license purchased from the Licensee and as renewed from time to timefee paid. THIS REMEDY IS END USER’S EXCLUSIVE REMEDY, the Software shall substantially conform to the specification for the Software Documentation as such may change from time to timeAND CONVERGEONE’S/VHT’S SOLE LIABILITY FOR THESE WARRANTY CLAIMS. MyECheck does not warrant THE EXCLUSIVE REMEDY OF END USER, AND CONVERGEONE’S SOLE OBLIGATION, FOR ITS FAILURE TO MEET THE WARRANTY IN (iI) that the Software is error free, (ii) that Customer will be able to operate the Software without problems or interruptions or (iii) that the Software will be free of vulnerability to intrusion or attack. Except for the limited warranty set forth in this section, the Software is provided “AS IS.” 10.2 Disclaimer. EXCEPT ABOVE WILL BE FOR CONVERGEONE TO PROVIDE A CREDIT FOR THE LIMITED REPRESENTATIONS, WARRANTIES, AND COVENANTS EXPRESSLY STATED in 10.1 and 10.2 HEREIN, APPLICABLE MONTH AS PROVIDED IN THE SOFTWARE, DOCUMENTATION AND MAINTENANCE, AS WELL AS ALL SERVICES, ARE PROVIDED "AS IS," AND MYECHECK AND ITS SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY. THE LICENSEE ACKNOWLEDGES THAT MYECHECK CHART (IF THIS AGREEMENT IS NOT RESPONSIBLE RENEWED, THEN A REFUND), FOR AND WILL HAVE THE MONTH; PROVIDED THAT END USER NOTIFIES CONVERGEONE OF SUCH BREACH WITHIN 30 DAYS OF THE END OF THAT MONTH. CONVERGEONE/VHT MAKES NO LIABILITY FOR HARDWARE, OTHER WARRANTIES OR REPRESENTATIONS AS TO THE VHT SOFTWARE OR OTHER ITEMS OR ANY SERVICES PROVIDED BY ANY PERSON OR ENTITY OTHER THAN MYECHECK OR ITS EMPLOYEES, AGENTS OR CONTRACTORS OR FOR NETWORK FAILURE. THE LICENSEE FURTHER ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES SET FORTH IN UNDER THIS AGREEMENT. ALL IMPLIED WARRANTIES, INCLUDING BUT NO LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED. NEITHER CONVERGEONE NOR VHT WARRANTS THAT THE VHT SOFTWARE WILL BE ERROR FREE OR THAT ITS USE WILL BE UNINTERRUPTED.

Software Warranty. Quest warrants that, for a period of thirty (a30) MyECheck warrants that it has exclusive ownership days following the initial delivery of intellectual property Software pursuant to an Order (the “Warranty Period”), (i) the media provided by Quest, if any, on which the Software is recorded will be free from material defects in materials and workmanship under normal use, (ii) the operation of the Software, as provided by Quest, will substantially conform to the exclusion of any other in terms of copyrights and all other forms of legal and other intellectual property rights and shall take full responsibility for any and all forms of contention challenging this claim and shall indemnify and continue Documentation applicable to indemnify the Licensee and third parties relying on this information on all type of interaction with the Licensee. (b) MyECheck warrants to the Licensee’s Customersuch Software, and (iii) the Software as delivered by Quest does not contain any viruses, worms, Trojan Horses, or other malicious or destructive code designed by Quest to subsequent end usersallow unauthorized intrusion upon, disabling of, or erasure of the Software product that six (6) months from the date however, the Software is first used in Production until may contain a key limiting use of the Software to within the scope of License granted, and license keys issued by Quest for temporary use are time-sensitive) (the “Warranties”). Customer must give written notice to Quest of any breach of the Warranties no later than five days following the expiration of the sub-license purchased from Warranty Period. Customer’s exclusive remedies, and Quest’s sole obligations, for any such breach of these Warranties shall be as follows: (a) for the Licensee and as renewed from time to timewarranty in subsection (i), Quest shall, at its expense, replace any defective media; (b) for the warranty in subsection (ii), Quest shall correct or provide a workaround for reproducible errors in the Software shall substantially conform to that cause a breach of the specification warranty within a reasonable time considering the severity of the error and its effect on Customer, or, at Quest’s option, refund the license fees paid for the nonconforming Software Documentation as upon return of such may change from time Software to timeQuest and termination of the related License(s) hereunder; and (c) for the warranty in subsection (iii), Quest shall provide a copy of the Software that is in conformance with such warranty. MyECheck does The foregoing Warranties shall not warrant apply to any non-conformance (i) that the Software is error free, Quest cannot recreate after exercising commercially reasonable efforts to attempt to do so; (ii) that Customer will be able to operate caused by misuse of the Software without problems or interruptions by using the Software in a manner that is inconsistent with this Agreement or the Documentation; or (iii) that arising from the modification of the Software will be free of vulnerability to intrusion or attack. Except for the limited warranty set forth in this section, the Software is provided “AS ISby anyone other than Quest.” 10.2 Disclaimer. EXCEPT FOR THE LIMITED REPRESENTATIONS, WARRANTIES, AND COVENANTS EXPRESSLY STATED in 10.1 and 10.2 HEREIN, THE SOFTWARE, DOCUMENTATION AND MAINTENANCE, AS WELL AS ALL SERVICES, ARE PROVIDED "AS IS," AND MYECHECK AND ITS SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY. THE LICENSEE ACKNOWLEDGES THAT MYECHECK IS NOT RESPONSIBLE FOR AND WILL HAVE NO LIABILITY FOR HARDWARE, SOFTWARE OR OTHER ITEMS OR ANY SERVICES PROVIDED BY ANY PERSON OR ENTITY OTHER THAN MYECHECK OR ITS EMPLOYEES, AGENTS OR CONTRACTORS OR FOR NETWORK FAILURE. THE LICENSEE FURTHER ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT.

Software Warranty. FOR A PERIOD OF 90 DAYSAFTERRECEIPT BY VIA XXX.XXXXX OF THE SOFTWARE (aPROVIDED THAT SUCH PERIOD SHALL NOT RUN DURING ANY TIME THE SOFTWARE REQUIRES ANY MAINTENANCE PATCHES OR UPDATES) MyECheck warrants that it has exclusive ownership of intellectual property to the exclusion of any other in terms of copyrights and all other forms of legal and other intellectual property rights and shall take full responsibility for any and all forms of contention challenging this claim and shall indemnify and continue to indemnify the Licensee and third parties relying on this information on all type of interaction with the Licensee. (b) MyECheck warrants to the Licensee’s Customer, and not to subsequent end users, of the Software product that six (6) months from the date the Software is first used in Production until the expiration of the sub-license purchased from the Licensee and as renewed from time to time, the Software shall substantially conform to the specification for the Software Documentation as such may change from time to time. MyECheck does not warrant (i) that the Software is error free, (ii) that Customer will be able to operate the Software without problems or interruptions or (iii) that the Software will be free of vulnerability to intrusion or attack. Except for the limited warranty set forth in this section, the Software is provided “AS IS.” 10.2 Disclaimer. EXCEPT FOR FOLLOWING THE LIMITED REPRESENTATIONS, WARRANTIES, AND COVENANTS EXPRESSLY STATED in 10.1 and 10.2 HEREINDATE OF THIS AGREEMENT, THE SOFTWARESOFTWARE WILL ACHIEVE THE FUNCTIONALITY DESCRIBED IN THE DOCUMENTATION, DOCUMENTATION AND MAINTENANCE, AS WELL AS ALL SERVICES, ARE PROVIDED "AS IS," AND MYECHECK OTHERWISE TRELLIX AND ITS SUPPLIERS MAKE NO WARRANTIES WHATSOEVER. TO THE EXTENT PERMITTED BY APPLICABLE LAW, TRELLIX SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. NO EMPLOYEE, AGENT, DEALER, OR RESELLER IS AUTHORIZED TO MAKE ANY ADDITIONAL WARRANTIES OR MODIFY THE FOREGOING LIMITED WARRANTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TRELLIX DOES NOT WARRANT THAT THE SOFTWARE WILL MEET ALL OF VIA XXX.XXXXX OR ITS AUTHORIZED DEALERS' OR END-USERS' REQUIREMENTS; WILL OPERATE IN ALL OF THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY THE VIA XXX.XXXXX OR ITS AUTHORIZED DEALERS OR END- USERS; OR THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR FREE OR UNINTERRUPTEDVIA XXX.XXXXX HEREBY EXPRESSLY DISCLAIM ANY AND WAIVES ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY. THE LICENSEE ACKNOWLEDGES THAT MYECHECK IS CONDITIONS NOT RESPONSIBLE FOR AND WILL HAVE NO LIABILITY FOR HARDWARE, SOFTWARE OR OTHER ITEMS OR ANY SERVICES PROVIDED BY ANY PERSON OR ENTITY OTHER THAN MYECHECK OR ITS EMPLOYEES, AGENTS OR CONTRACTORS OR FOR NETWORK FAILURE. THE LICENSEE FURTHER ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES SPECIFICALLY SET FORTH IN THIS AGREEMENTHEREIN. The Software is Year 2000 compliant.