Common use of WARRANTIES AND EXCLUSIONS Clause in Contracts

WARRANTIES AND EXCLUSIONS. 6.1 Accenture warrants that the SaaS Services provided to Client pursuant to the Agreement will comply in all material respects with the Documentation. This warranty shall not apply where: (i) the Client’s or any Authorized User's access or use of the SaaS Services is not in accordance with the Agreement or with Accenture’s instructions; (ii) modification or alteration of the SaaS Services or any systems, software or other content or materials embodied therein is made by any Party other than Accenture; or (iii) the SaaS Services are being provided free of charge, or as a trial, pre-release or as a beta release. 6.2 Client shall provide Accenture with prompt written notice of any non-conformity of the SaaS Services, sufficiently describing such non-conformity, no later than within thirty (30) days of the appearance or Client’s discovery of such non-conformity. 6.3 In such event, Accenture will use commercially reasonable efforts to correct any such non-conformity. In the event Accenture is unable to correct such non-conformity by exercising commercially reasonable efforts for a reasonable period, either Party may terminate the Agreement on written notice to the other Party in which case as Client’s sole and exclusive remedy, Accenture will provide a pro-rated refund of any pre-paid Fees for periods after the effective date of termination. 6.4 Accenture shall provide the SaaS Services by using good industry practice virus protection software to detect and mitigate Viruses in the SaaS Services (separate from the Client Content) that could disrupt the proper operation of the systems used in the provision of the SaaS Services.

WARRANTIES AND EXCLUSIONS. 6.1 Accenture warrants (i.e. "gewährleistet") that the SaaS Services provided to Client pursuant to the Agreement will comply in all material respects with the Documentation. This warranty shall not apply where: (i) the Client’s or any Authorized User's access or use of the SaaS Services is not in accordance with the Agreement or with Accenture’s instructions; (ii) modification or alteration of the SaaS Services or any systems, software or other content or materials embodied therein is made by any Party other than Accenture; or (iii) the SaaS Services are being provided free of charge, or as a trial, pre-release or as a beta release. 6.2 Client shall provide Accenture with prompt written notice of any non-conformity of the SaaS Services, sufficiently describing such non-conformity, no later than within thirty (30) days of the appearance or Client’s discovery of such non-conformity. 6.3 In such event, Accenture will use commercially reasonable efforts to correct any such non-conformity. In the event Accenture is unable to correct such non-conformity by exercising commercially reasonable efforts for a reasonable period, either Party may terminate the Agreement on written notice to the other Party in which case as Client’s sole and exclusive remedy, Accenture will provide a pro-pro- rated refund of any pre-paid Fees for periods after the effective date of termination. 6.4 Accenture shall provide the SaaS Services by using good industry practice virus protection software to detect and mitigate Viruses in the SaaS Services (separate from the Client Content) that could disrupt the proper operation of the systems used in the provision of the SaaS Services.

WARRANTIES AND EXCLUSIONS. 6.1 Accenture warrants that the SaaS Services provided to Client pursuant to the Agreement will comply in all material respects with the Documentation. This warranty shall not apply where: (i) the Client’s or any Authorized User's access or use of the SaaS Services is not in accordance with the Agreement or with Accenture’s instructions; (ii) modification or alteration of the SaaS Services or any systems, software or other content or materials embodied therein is made by any Party other than Accenture; or (iii) the SaaS Services are being provided free of charge, or as a trial, pre-release or as a beta release. 6.2 Client shall provide Accenture with prompt written notice of any non-conformity of the SaaS Services, sufficiently describing such non-conformity, no later than within thirty (30) days of the appearance or Client’s discovery of such non-conformity, as per the Brazilian Civil Code. 6.3 In such event, Accenture will use commercially reasonable efforts to correct any such non-conformity. In the event Accenture is unable to correct such non-conformity by exercising commercially reasonable efforts for a reasonable period, either Party may terminate the Agreement on written notice to the other Party in which case as Client’s sole and exclusive remedy, Accenture will provide a pro-rated refund of any pre-paid Fees for periods after the effective date of termination. 6.4 Accenture shall provide the SaaS Services by using good industry practice virus protection software to detect and mitigate Viruses in the SaaS Services (separate from the Client Content) that could disrupt the proper operation of the systems used in the provision of the SaaS Services.

WARRANTIES AND EXCLUSIONS. 6.1 Accenture warrants that the SaaS Services provided to Client pursuant to the Agreement will comply in all material respects with the Documentation. This warranty shall not apply where: (i) the Client’s or any Authorized User's access or use of the SaaS Services is not in accordance with the Agreement or with Accenture’s instructions; (ii) modification or alteration of the SaaS Services or any systems, software or other content or materials embodied therein is made by any Party other than Accenture; or (iii) the SaaS Services are being provided free of charge, or as a trial, pre-release or as a beta release. 6.2 Client shall provide Accenture with prompt written notice of any non-conformity of the SaaS Services, sufficiently describing such non-conformity, no later than within thirty (30) days of the appearance or Client’s discovery of such non-conformity. 6.3 In such event, Accenture will use commercially reasonable efforts to correct any such non-conformity. In the event If Accenture is unable to correct such non-conformity by exercising commercially reasonable efforts for a reasonable period, either Party may terminate the Agreement on written notice to the other Party in which case as Client’s sole and exclusive remedy, Accenture will provide a pro-rated refund of any pre-paid Fees for periods after the effective date of termination. 6.4 Accenture shall provide the SaaS Services by using good industry practice virus protection software to detect and mitigate Viruses in the SaaS Services (separate from the Client Content) that could disrupt the proper operation of the systems used in the provision of the SaaS Services.

WARRANTIES AND EXCLUSIONS. 6.1 Accenture warrants that the SaaS Services provided to Client pursuant to the Agreement will comply in all material respects with the Documentation. This warranty shall not apply where: (i) the Client’s or any Authorized User's access or use of the SaaS Services is not in accordance with the Agreement or with Accenture’s instructions; (ii) modification or alteration of the SaaS Services or any systems, software or other content or materials embodied therein is made by any Party other than Accenture; or (iii) the SaaS Services are being provided free of charge, or as a trial, pre-release or as a beta release. 6.2 Client shall provide Accenture with prompt written notice of any non-conformity of the SaaS Services, sufficiently describing such non-non- conformity, no later than within thirty (30) days of the appearance or Client’s discovery of such non-conformity. 6.3 In such event, Accenture will use commercially reasonable efforts to correct any such non-non- conformity. In the event Accenture is unable to correct such non-conformity by exercising commercially reasonable efforts for a reasonable period, either Party may terminate the Agreement on written notice to the other Party in which case as Client’s sole and exclusive remedy, Accenture will provide a pro-pro- rated refund of any pre-paid Fees for periods after the effective date of termination. 6.4 Accenture shall provide the SaaS Services by using good industry practice virus protection software to detect and mitigate Viruses in the SaaS Services (separate from the Client Content) that could disrupt the proper operation of the systems used in the provision of the SaaS Services.operation