Common use of Warranties and Disclaimer Clause in Contracts

Warranties and Disclaimer. 13.1 Licensor warrants that the Software will substantially conform to the specifications contained in the Documentation for six months following delivery of the Software. The warranty shall not apply: (i) if the Software is not used in accordance with the Documentation; or (ii) if the nonconformance is caused by a Modification, Add-On (other than a Modification or Add-on made by Licensor and which is provided through OEM Support or under warranty), Partner, End User, Third Party Products or any software not provided by Licensor. Licensor does not warrant that the Software will operate uninterrupted or that it will be free from minor defects or errors that do not materially affect such performance, or that the applications contained in the Software are designed to meet all of Partner or End Users' business requirements. To the extent the problem is reported by an End User, Partner shall procure that its End User provides Licensor with sufficient test time and support to duplicate the problem, to verify that the problem is with the Software, and to confirm that the problem has been corrected. Provided Partner notifies Licensor in writing with a specific description of the Software’s nonconformance within the warranty period and provided Licensor validates the existence of such nonconformance, Licensor will, at its option either: a) repair or replace the nonconforming Software, or b) refund the license fees paid for the applicable nonconforming Software in exchange for a return of such nonconforming Software. This is Partner’s sole and exclusive remedy under this warranty.

Warranties and Disclaimer. 13.1 14.1 Licensor warrants that the Software will substantially conform to the specifications contained in the Documentation for six months following delivery of the Software. The warranty shall not apply: (i) if the Software is not used in accordance with the Documentation; or (ii) if the nonconformance is caused by a Modification, Add-On (other than a Modification or Add-on made by Licensor and which is provided through OEM Support or under warranty), Partner, End User, Third Party Products or any software not provided by Licensor. Licensor does not warrant that the Software will operate uninterrupted or that it will be free from minor defects or errors that do not materially affect such performance, or that the applications contained in the Software are designed to meet all of Partner or End Users' business requirements. To the extent the problem is reported by an End User, Partner shall procure that its End User provides Licensor with sufficient test time and support to duplicate the problem, to verify that the problem is with the Software, and to confirm that the problem has been corrected. Provided Partner notifies Licensor in writing with a specific description of the Software’s nonconformance within the warranty period and provided Licensor validates the existence of such nonconformance, Licensor will, at its option either: a) repair or replace the nonconforming Software, or b) refund the license fees paid for the applicable nonconforming Software in exchange for a return of such nonconforming Software. This is Partner’s sole and exclusive remedy under this warranty.

Warranties and Disclaimer. 13.1 Licensor warrants that the Software will substantially conform to the specifications contained in the Documentation for six months following delivery of the Softwaredelivery. The warranty shall not apply: (i) if the Software is not used in accordance with the Documentation; or (ii) to any third party software, including the third party database; or (iii) if the nonconformance Software has been subjected to any modification; or (v) to the extent that the defect is caused by a Modification, Add-On (other than a Modification or Add-on made is contributed to by Licensor and which is provided through OEM Support Partner or under warranty), Partner, End User; or (vi) if Partner or End User does not provide access, Third Party Products including remote access, to the Software to Licensor’s support personnel; or (vii) if the defect is caused by any software not provided by Licensorthird party software, Partner or third party products. Licensor does not warrant that the Software will operate uninterrupted or that it will be free from minor defects or errors that do not materially affect such performance, or that the applications contained in the Software are designed to meet all of Partner or End Users' business requirements. To the extent the problem is reported by an End User, Partner shall procure that cause its End User provides Users to provide Licensor with sufficient test time and support to duplicate the problem, to verify that the problem is with the Software, and to confirm that the problem has been corrected. Provided Partner notifies Licensor in writing with a specific description of the Software’s nonconformance within the warranty period and provided Licensor validates the existence of such nonconformance, Licensor will, at its option eitheroption: a) repair or replace the nonconforming Software, or b) refund the license fees paid for the applicable nonconforming Software in exchange for a return of such nonconforming Software. This is Partner’s sole and exclusive remedy under this warranty.

Warranties and Disclaimer. 13.1 Licensor warrants that the Software will substantially conform to the specifications contained in the Documentation for six months following delivery of the Softwaredelivery. The warranty shall not apply: (i) if the Software is not used in accordance with the Documentation; or (ii) to any third party software, including the third party da- tabase; or (iii) if the nonconformance Software has been subjected to any modification; or or (v) to the extent that the de- fect is caused by a Modification, Add-On (other than a Modification or Add-on made is contributed to by Licensor and which is provided through OEM Support Partner or under warranty), Partner, End User; or (vi) if Partner or End User does not pro- vide access, Third Party Products including remote access, to the Software to Licensor’s support personnel; or (vii) if the de- fect is caused by any software not provided by Licensorthird party software, Partner or third party products. Licensor does not warrant that the Software will operate uninterrupted or that it will be free from minor defects or errors that do not materially ma- terially affect such performance, or that the applications contained in the Software are designed to meet all of Partner or End Users' business requirements. To the extent the problem is reported by an End UserUs- er, Partner shall procure that cause its End User provides Users to provide Licensor with sufficient test time and support to duplicate the problem, to verify that the problem is with the Software, and to confirm that the problem has been corrected. Provided Partner notifies Licensor in writing with a specific description of the Software’s nonconformance non- conformance within the warranty period and provided Licensor validates the existence of such nonconformance, Licensor will, at its option eitheroption: a) repair or replace the nonconforming Software, or b) refund the license fees paid for the applicable nonconforming Software in exchange for a return of such nonconforming SoftwareSoft- ware. This is Partner’s sole and exclusive remedy under this warranty.