Common use of WARRANTIES AND EXCLUSIONS Clause in Contracts

WARRANTIES AND EXCLUSIONS. 15.1. For the greater of: (a) one year starting on the date the original Licensee is granted the Program license, or (b) the period that Support is in effect for Licensee (“Program Warranty Period”), HCL warrants that (i) the Program(s) will perform substantially in accordance with its Documentation, if used with the prescribed Prerequisite Materials and/or Platforms; (ii) HCL has used commercially reasonable efforts consistent with industry standards to scan for and remove any software viruses; and (iii) other than passwords or license keys that may be required for the operation of the Program(s) (or for HCL’s use in suspension/termination as authorized herein), there are no codes that are not addressed in the Documentation and that are designed to delete, interfere with, or disable the normal operation of the Program in accordance with the Documentation (the “Program Warranty”). For the greater of: (a) one year starting on the date the original Licensee is granted the Program license, or (b) the period that Support is in effect for Licensee (“Support Warranty Period”), HCL warrants that Support will perform substantially in accordance with the Support specifications herein or in applicable Order (the “Support Warranty”). 15.2. Program Warranty and Support Warranty do not cover Problems, failures, or defects in the Programs caused by any act or omission of Licensee or its representatives, or any other non-HCL person or entity, including but not limited to: (a) the misuse of or damage to the Program; (b) modifications to the Programs not made by or as authorized in writing in advance by HCL; (c) combination or use of the Programs with other software, hardware or cloud infrastructure not provided by HCL; or (d) use of the Program in an operating environment other than described in the Documentation or system requirements. 15.3. THE LIMITED WARRANTIES EXPRESSLY SET FORTH IN SECTION 15.1 ARE LICENSEE’S EXCLUSIVE WARRANTIES. HCL DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ANY WARRANTY OR CONDITION OF NON- INFRINGEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO LICENSEE. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. NO WARRANTIES APPLY AFTER THE WARRANTY PERIOD. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE. 15.4. THE WARRANTIES IN THIS SECTION 15 ARE PROVIDED SOLELY BY THE HCL ENTITY LICENSING THE PROGRAM AND NOT BY A THIRD PARTY OR ANY OTHER HCL ENTITY. THE DISCLAIMERS IN THIS SECTION 15, HOWEVER, ALSO APPLY TO ALL HCL ENTITIES AND THEIR LICENSORS AND SUPPLIERS OF THIRD PARTY SOFTWARE. THOSE SUPPLIERS PROVIDE SUCH SOFTWARE WITHOUT WARRANTIES OR CONDITION OF ANY KIND. 15.5. The exclusive remedy for any breach of the foregoing Program Warranty and Support Warranty will be that HCL, at its own expense, and in response to a written notice of a warranty claim during the Program Warranty Period or Support Warranty Period, as applicable, will at its option repair or replace the Program(s), or re-perform Support, to conform to the above standard. 15.6. For avoidance of doubt, if Licensee terminates Support (including allowing it to lapse), but then re- enrolls in Support, the Program Warranty and Support Warranty apply only during the period Support is in effect and not during the lapsed period.

WARRANTIES AND EXCLUSIONS. 15.1. For the greater of: (a) one year starting on the date the original Licensee is granted the Program license, or (b) the period that Support is in effect for Licensee (“Program Warranty Period”), HCL warrants that (i) the Program(s) will perform substantially in accordance with its Documentation, if used with the prescribed Prerequisite Materials and/or Platforms; (ii) HCL has used commercially reasonable efforts consistent with industry standards to scan for and remove any software viruses; and (iii) other than passwords or license keys that may be required for the operation of the Program(s) (or for HCL’s use in suspension/termination as authorized herein), there are no codes that are not addressed in the Documentation and that are designed to delete, interfere with, or disable the normal operation of the Program in accordance with the Documentation (the “Program Warranty”). For the greater of: (a) one year starting on the date the original Licensee is granted the Program license, or (b) the period that Support is in effect for Licensee (“Support Warranty Period”), HCL warrants that Support will perform substantially in accordance with the Support specifications herein or in applicable Order (the “Support Warranty”). 15.2. Program Warranty and Support Warranty do not cover Problems, failures, or defects in the Programs caused by any act or omission of Licensee or its representatives, or any other non-HCL person or entity, including but not limited to: (a) the misuse of or damage to the Program; (b) modifications to the Programs not made by or as authorized in writing in advance by HCL; (c) combination or use of the Programs with other software, hardware or cloud infrastructure not provided by HCL; or (d) use of the Program in an operating environment other than described in the Documentation or system requirementsrequirements mutually agreed in writing. 15.3. THE LIMITED WARRANTIES EXPRESSLY SET FORTH IN SECTION 15.1 ARE LICENSEE’S EXCLUSIVE WARRANTIES. HCL DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ANY WARRANTY OR CONDITION OF NON- NON-INFRINGEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO LICENSEE. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. NO WARRANTIES APPLY AFTER THE WARRANTY PERIOD. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE. 15.4. THE WARRANTIES IN THIS SECTION 15 ARE PROVIDED SOLELY BY THE HCL ENTITY LICENSING THE PROGRAM AND NOT BY A THIRD PARTY OR ANY OTHER HCL ENTITY. THE DISCLAIMERS IN THIS SECTION 15, HOWEVER, ALSO APPLY TO ALL HCL ENTITIES AND THEIR LICENSORS AND SUPPLIERS OF THIRD PARTY SOFTWARE. THOSE SUPPLIERS PROVIDE SUCH SOFTWARE WITHOUT WARRANTIES OR CONDITION OF ANY KIND. 15.5. The exclusive remedy for any breach of the foregoing Program Warranty and Support Warranty will be that HCL, at its own expense, and in response to a written notice of a warranty claim during the Program Warranty Period or Support Warranty Period, as applicable, will at its option repair or replace the Program(s), or re-perform Support, to conform to the above standard. 15.6. For avoidance of doubt, if Licensee terminates Support (including allowing it to lapse), but then re- re-enrolls in Support, the Program Warranty and Support Warranty apply only during the period Support is in effect and not during the lapsed period.

WARRANTIES AND EXCLUSIONS. 15.1. For the greater of: (a) one year starting on the date the original Licensee is granted the Program license, or (b) the period that Support is in effect for Licensee (“Program Warranty Period”), HCL warrants that (i) the Program(s) will perform substantially in accordance with its Documentation, if used with the prescribed Prerequisite Materials and/or Platforms; (ii) HCL has used commercially reasonable efforts consistent with industry standards to scan for and remove any software viruses; and (iii) other than passwords or license keys that may be required for the operation of the Program(s) (or for HCL’s use in suspension/termination as authorized herein), there are no codes that are not addressed in the Documentation and that are designed to delete, interfere with, or disable the normal operation of the Program in accordance with the Documentation (the “Program Warranty”). For the greater of: (a) one year starting on the date the original Licensee is granted the Program license, or (b) the period that Support is in effect for Licensee (“Support Warranty Period”), HCL warrants that Support will perform substantially in accordance with the Support specifications herein or in applicable Order (the “Support Warranty”). 15.2. Program Warranty and Support Warranty do not cover Problems, failures, or defects in the Programs caused by any act or omission of Licensee or its representatives, or any other non-HCL person or entity, including but not limited to: (a) the misuse of or damage to the Program; (b) modifications to the Programs not made by or as authorized in writing in advance by HCL; (c) combination or use of the Programs with other software, hardware or cloud infrastructure not provided by HCL; or (d) use of the Program in an operating environment other than described in the Documentation or system requirementsrequirements mutually agreed in writing. 15.3. THE LIMITED WARRANTIES EXPRESSLY SET FORTH IN SECTION 15.1 ARE LICENSEE’S EXCLUSIVE WARRANTIES. HCL DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ANY WARRANTY OR CONDITION OF NON- NON-INFRINGEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO LICENSEE. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. NO WARRANTIES APPLY AFTER THE WARRANTY PERIOD. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE. 15.4. THE WARRANTIES IN THIS SECTION 15 ARE PROVIDED SOLELY BY THE HCL ENTITY LICENSING THE PROGRAM AND NOT BY A THIRD PARTY OR ANY OTHER HCL ENTITY. THE DISCLAIMERS IN THIS SECTION 15, HOWEVER, ALSO APPLY TO ALL HCL ENTITIES AND THEIR LICENSORS AND SUPPLIERS OF THIRD THIRD-PARTY SOFTWARE. THOSE SUPPLIERS PROVIDE SUCH SOFTWARE WITHOUT WARRANTIES OR CONDITION OF ANY KIND. 15.5. The exclusive remedy for any breach of the foregoing Program Warranty and Support Warranty will be that HCL, at its own expense, and in response to a written notice of a warranty claim during the Program Warranty Period or Support Warranty Period, as applicable, will at its option repair or replace the Program(s), or re-perform Support, to conform to the above standard. 15.6. For avoidance of doubt, if Licensee terminates Support (including allowing it to lapse), but then re- re-enrolls in Support, the Program Warranty and Support Warranty apply only during the period Support is in effect and not during the lapsed period.