Common use of Warranties for Software Clause in Contracts

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 any Section for Warranties for Software in its entirety: Within the framework of the legal provisions, Service Provider guarantees that the softwareSoftware, when used as agreed in this Master Agreement, corresponds with the user documentation valid and made available to the 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 analysing 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 any amends the Section for Warranties for Software in its entiretySoftware, if any, only to the extent necessary to be compliant with local law: Within the framework of the legal provisions, Service Provider Acoustic guarantees that the softwareSoftware, when used as agreed in this Master Agreement, corresponds with the user documentation 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 AgreementQuote. The parties agree that the any warranty claim of the Customer will comprise of error remediation first. Should Service Provider 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 (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 Acoustic with verifiable documentation regarding the type and occurrence of deviations from the services Software described in the user documentation Documentation or other defects, and will explain the nature of the defect, its consequences and the circumstances under which it occurs. Service Provider 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 Service ProviderAcoustic, the Customer can grant Service Provider 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 Service Provider 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 Service Provider Acoustic for the services provided according to the currently applicable price list of Service ProviderAcoustic. 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 requirementsDocumentation.