Warranties for Software. Seller warrants that: (i) Seller has all rights necessary to grant the license to Buyer, free and clear of all liens, encumbrances and other claims; (ii) the grant of the license and use of the Software by Buyer, in accordance with the documentation provided, does not and will not infringe or violate any third party patent, trademark, copyright, trade secret or other intellectual property right and will be free from liabilities of royalties and licensing fees other than any specified on the front of this Order; and (iii) the Software will operate in accordance with, and conform to, the documentation provided, the Specifications and other requirements of the Order. Seller warrants that the source code of the Software is the subject of an escrow agreement for the benefit of Seller's licensees. If requested by Xxxxx, Seller shall provide Buyer with information related to the escrow of the source code of the Software, including the name of the escrow agent and the conditions and procedures for Buyer to access the source code. These warranties survive inspection of, acceptance of, and payment for, the Software by Buyer and are in addition to all other warranties, whether express or implied, created by law.
Warranties for Software. The following replaces any Section for Warranties for Software in its entirety: Within the framework of the legal provisions, Service Provider guarantees that the software, when used as agreed in this Master Agreement, corresponds with the user documentation valid and made available to Customer when the Master Agreement was signed. The warranty period is twelve (12) months from the date of execution of the License Agreement. The parties agree that the warranty claim of the Customer will comprise error remediation first. Should Service Provider fail to remedy a defect or directly related defect on several occasions, the Customer may demand a reduction in price, or if significant defects are not remedied, the Customer may choose to terminate an individual Quote (product order form) concluded on the basis of the Master Agreement and/or terminate the Master Agreement. The Customer is obliged to cooperate in isolating defects. In particular, the Customer will provide Service Provider with verifiable documentation regarding the type and occurrence of deviations from the services described in the user documentation or other defects, and will explain the nature of the defect, its consequences and the circumstances under which it occurs. Service Provider shall then begin analyzing and remediating the defect or begin implementing a workaround to bypass the defect. To enable the solution of problems that are not reproducible in the system environment of Service Provider, the Customer can grant Service Provider the right of access to the system at the Customer’s discretion. If such access is not granted, or is not granted to a sufficient extent as to be able to remediate the error, the Customer shall reimburse all costs associated with the travel and accommodation of the required Service Provider employees. If the defect is attributable to circumstances for which the Customer or a third party is responsible, the Customer is obliged to remunerate Service Provider for the services provided according to the currently applicable price list of Service Provider. The warranty does not extend to defects caused by using the Software in a manner that does not adhere to the user documentation or the system requirements.
Warranties for Software. The following replaces the Section for Warranties for Software, if any: Within the framework of the legal provisions, Acoustic guarantees that the Software, when used as agreed in Agreement, corresponds with the Documentation valid and made available to the Customer when the Agreement was signed. The warranty period is twelve (12) months from the date of execution of the Order. The parties agree that the warranty claim of the Customer will comprise of error remediation first. Should Acoustic fail to remedy a material defect or directly related defect on several occasions, the Customer may demand a reasonable reduction in price, or if significant defects are not remedied, the Customer may choose to terminate an individual Quote and/or terminate the Agreement. The Customer is obliged to cooperate in isolating defects. In particular, the Customer will provide Acoustic with verifiable documentation regarding the type and occurrence of deviations from the services described in the Documentation or other defects, and will explain the nature of the defect, its consequences and the circumstances under which it occurs. Acoustic shall then begin analyzing and remediating the defect or begin implementing a workaround to bypass the defect. To enable the solution of problems that are not reproducible in the system environment of Acoustic, the Customer can grant Acoustic the right of access to the system at the Customer’s discretion. If such access is not granted, or is not granted to a sufficient extent as to be able to remediate the error, the Customer shall reimburse all costs associated with the travel and accommodation of the required Acoustic employees. If the defect is attributable to circumstances for which the Customer or a third party is responsible, the Customer is obliged to remunerate Acoustic for the services provided according to the currently applicable price list of Acoustic. The warranty does not extend to defects caused by using the Software in a manner that does not adhere to the Documentation or the system requirements.
Warranties for Software. The following
