Common use of Solution Clause in Contracts

Solution. Forward Networks warrants to End User that for a period of thirty (30) days from delivery, the initial Solution provided hereunder, as made available to End User and when used as permitted hereunder, will perform substantially in accordance with the Documentation. If during this period, End User notifies Forward Networks of a non-conformity, Forward Networks will, at its own expense and as its sole obligation and End User’s exclusive remedy (a) examine the Solution for such non-conformity, and if the non-conformity is reproducible, (b) use commercially reasonable efforts to correct the non- conformity or provide a work-around within ten (10) days of notice of non-conformity, or, if Forward Networks is unable to do so, refund to End User a pro rata portion of the subscription fees actually paid for the non-conforming item of the Solution, pro- rated to the end of the initial Subscription Term. In the event of a refund remedy, End User’s Licenses and right to receive the Solution and all affected Services will end. Forward Networks uses commercially reasonable efforts to ensure that the Solution and any media upon which any of the foregoing is delivered, will not contain any virus, trap door, worm or any other device that is injurious or damaging to any hardware or software, or End User systems. THIS SECTION 3.2 STATES FORWARD NETWORKS’ ENTIRE LIABILITY AND CUSTOMER’S SOLE REMEDY FOR ANY NON-CONFORMITY OR OTHER PERFORMANCE MALFUNCTION IN THE SOLUTION.

Solution. Forward Networks warrants to End User that for a period of thirty (30) days from delivery, the initial Solution provided hereunder, as made available to End User and when used as permitted hereunder, will perform substantially in accordance with the Documentation. If during this period, End User notifies Forward Networks of a non-conformity, Forward Networks will, at its own expense and as its sole obligation and End User’s exclusive remedy (a) examine the Solution for such non-conformity, and if the non-conformity is reproducible, (b) use commercially reasonable efforts to correct the non- non-conformity or provide a work-around within ten (10) days of notice of non-conformityaround, or, if Forward Networks reasonably determines that it is unable to do so, refund to End User a pro rata portion of the subscription fees (excluding expenses) actually paid for the non-conforming item of the Solution, pro- pro-rated to the end of the initial Subscription Term. In the event of a refund remedy, End User’s Licenses and right to receive the Solution and all affected Services will end. Forward Networks uses commercially reasonable efforts to ensure that the Solution and any media upon which any of the foregoing is delivered, will not contain any virus, trap door, worm or any other device that is injurious or damaging to any hardware or software, or End User systems. THIS SECTION 3.2 STATES FORWARD NETWORKS’ ENTIRE LIABILITY AND CUSTOMER’S SOLE REMEDY FOR ANY NON-CONFORMITY OR OTHER PERFORMANCE MALFUNCTION IN THE SOLUTION.

Solution. Forward Networks warrants to End User that for a period of thirty (30) days from delivery, the initial Solution provided hereunder, as made available to End User and when used as permitted hereunder, will perform substantially in accordance with the Documentation. If during this period, End User notifies Forward Networks of a non-conformity, Forward Networks will, at its own expense and as its sole obligation and End User’s exclusive remedy (a) examine the Solution for such non-conformity, and if the non-conformity is reproducible, (b) use commercially reasonable efforts to correct the non- non-conformity or provide a work-around within ten (10) days of notice of non-conformity, or, if Forward Networks is unable to do so, refund to End User a pro rata portion of the subscription fees actually paid for the non-conforming item of the Solution, pro- pro-rated to the end of the initial Subscription Term. In the event of a refund remedy, End User’s Licenses and right to receive the Solution and all affected Services will end. Forward Networks uses commercially reasonable efforts to ensure that the Solution and any media upon which any of the foregoing is delivered, will not contain any virus, trap door, worm or any other device that is injurious or damaging to any hardware or software, or End User systems. THIS SECTION 3.2 STATES FORWARD NETWORKS’ ENTIRE LIABILITY AND CUSTOMER’S SOLE REMEDY FOR ANY NON-CONFORMITY OR OTHER PERFORMANCE MALFUNCTION IN THE SOLUTION.