WARRANTY AND SUPPORT. 1. 5. 1. The Software is provided “as is” with no representation, guarantee or warranty of any kind as to its functionality or that it does not and will not infringe any third party rights (including intellectual property rights). Traction Software Limited will give free email support for the duration of the product life (at least 5 years from the time of purchase), all minor upgrades are free of charge. e.g. v1.02 to v1.03. any major version upgrades will incur a 50% charge of the original price and is an optional upgrade.
WARRANTY AND SUPPORT. 5.1 Subject to clause 5.3, we warrant that:
5.1.1 we own the Intellectual Property Rights in the Software and/or have the right to grant a licence to you;
5.1.2 in creating the Licensed Software, we have not knowingly infringed the intellectual property rights of third parties; and
5.1.3 for a period of 90 days from the first installation of the Licensed Software (or, if applicable, 90 days from the end of the Evaluation Period if you continue to use the Licensed Software) the Licensed Software shall operate substantially in accordance with its description. However, you acknowledge that the Licensed Software is of such a complexity that there will be inherent defects and that therefore we can give no warranty that the Licensed Software is free from error or defect or that operation of the Licensed Software shall be uninterrupted.
5.2 Other than as provided for in clause 5.1 above, we do not offer any warranty related to the Licensed Software and/or the Support Package, either express or implied, including but not limited to implied warranties of fitness for purpose or satisfactory quality. The Licensed Software has been developed as a standard product for use by a wide variety of users and so we are unable to warrant that the Licensed Software will meet any particular user needs. You shall take full responsibility for ensuring that the Licensed Software is suitable for your intended purposes and to facilitate investigation into such suitability, we offer a free Evaluation Period.
5.3 The Core Edition Software, Preview Software and Freeware are provided AS IS with no representation, guarantee or warranty of any kind as to their functionality, quality, performance, suitability or fitness for purpose. All other terms, conditions, representations and warranties expressed or implied whether by statute or otherwise are hereby expressly excluded.
WARRANTY AND SUPPORT a) Varnish represents and warrants that: (a) Varnish is financially solvent and has the ability to perform its obligations hereunder; (b) the person signing below is a duly authorized officer or representative of Varnish with the authority to enter into and bind Varnish to the terms and conditions in this Agreement; (c) the Services will be performed in a competent manner by qualified personnel and all Software and services will be provided on a timely basis; (d) any Services provided do not infringe the intellectual property rights of third parties; and (e) Varnish owns, licenses and/or has the right to grant and extend the subscription provided hereunder. However, Varnish does not warrant that the Software and services are or will be error-free. Software warranties are regulated in Exhibit A (Warranty).
b) Customer must notify Varnish of any deficiencies without undue delay within fifteen (15) days of when the defective Service performance was discovered or should have been discovered if the claim is not to lapse.
c) Varnish will seek to correct any warranty failure or errors in the Software that materially affect Customer operations within thirty (30) days of Customer reporting such failure or errors to Varnish. If Varnish is unable to provide a solution to the failure after notice from Customer, Varnish will refund to Customer all amounts paid by Customer for the failed Services or defective Software, in the period lapsed from the complaint till termination.
WARRANTY AND SUPPORT. 5.1. Supplier will extend or pass through to UC all third‐party manufacturer warranties and support to the extent they exceed the equipment warranty.
5.2. Should UC require a higher level of support, UC Location will order and Supplier will provide up to 24X7X365 support with onsite assistance from Supplier Manufacturer.
5.3. UC may perform all maintenance and configuration changes without a Supplier maintenance contract and without incurring costs.
WARRANTY AND SUPPORT. 8.1 We hereby warrant:
8.1.1 that we own the Intellectual Property Rights in the Software and/or have the right to grant a license to you;
8.1.2 that in creating the Licensed Software, we have not knowingly infringed the intellectual property rights of third parties;
8.1.3 that the Licensed Software shall operate substantially in accordance with its description. However, you acknowledge that the Licensed Software and related materials are of such a complexity that there will be inherent defects and that therefore we can give no warranty that the Licensed Software is free from error or defect.
8.2 Other than as provided for in clause 8.1 above, we do not offer any warranty related to the Licensed Software, either express or implied, including but not limited to implied warranties of fitness for purpose or satisfactory quality. The Licensed Software has been developed as a standard product for use by a wide variety of users and so we are unable to warrant that the Licensed Software will meet any particular user needs. You shall take full responsibility for ensuring that the Licensed Software are suitable for your intended purposes and to facilitate your checks of such suitability, we offer free Evaluation Periods.
WARRANTY AND SUPPORT. 12.1 We warrant that:
a) the Platform will, when properly used, perform substantially in accordance with the functions described in the Documents; and
b) the Documents correctly describe the operation of the Platform in all material respects, for a period of 30 days from the date on which this XXXX comes into effect (Warranty Period).
12.2 If within the Warranty Period you notify us in writing of any defect or fault in the Platform which results in the Platform failing to perform substantially in accordance with the Documents, we may modify the Platform so that it complies with the warranty in clause 12.1 or if a modification is not reasonably practicable or we fail to do so within 30 days from the date on which you notified us of the defect or fault, you may terminate this XXXX immediately by giving us written notice.
12.3 The warranty clause 12.1 does not apply if:
a) the defect or fault in the Platform is caused as a result of the use of the Platform by you and/or your Users being in breach of this XXXX;
b) the use of Platform is in breach of the Acceptable Use Policy; or
c) there is an update (whether a new release or new version) to the Platform which corrects the defect or fault.
12.4 We may (but are under no obligation to) provide Support from time to time.
12.5 All Support will be subject to this XXXX (including the Permitted Purpose, limitations of liability, License Restrictions and Acceptable Use Policy) except as expressly provided otherwise on any documents provided by us in connection with the Support from time to time and will be subject to such additional policies, terms and conditions as may be set out on such documents.
WARRANTY AND SUPPORT. 5.1 Other than as provided in clause 10.10.2(i), We warrant to You that:
5.1.1 We own the Intellectual Property Rights in the Subscription Software and/or have the right to grant a license to You;
5.1.2 in creating the Subscription Software, We have not knowingly infringed the intellectual property rights of third parties; and
5.1.3 for a period of 90 days from the first installation of the Subscription Software (or, if applicable, 90 days from the end of the Evaluation Period if You continue to use the Subscription Software) the Subscription Software shall operate substantially in accordance with its description. However, You acknowledge that the Subscription Software is of such a complexity that there may be inherent defects and that therefore We can give no warranty that the Subscription Software is free from error or defect or that operation of the Subscription Software shall be uninterrupted.
5.2 Other than as provided for in clauses 5.1 and 10.10.2(i), We do not offer any warranty related to the Subscription Software and/or the support provided, either express or implied, including but not limited to implied warranties of fitness for purpose or satisfactory quality, save for any non-excludable rights and remedies You may have under law. The Subscription Software has been developed as a standard product for use by a wide variety of users and so We are unable to warrant that the Subscription Software will meet any particular user’s needs. You shall take full responsibility for ensuring that the Subscription Software is suitable for Your intended purposes and to facilitate investigation into such suitability, We offer a free Evaluation Period.
5.3 Regardless of clause 5.1, any Preview Software and Freeware is provided “AS IS”, with no representation, guarantee or warranty of any kind as to its functionality, quality, performance, suitability or fitness for purpose. All other terms, conditions, representations and warranties expressed or implied whether by statute or otherwise are hereby expressly excluded, and the provisions of clauses 5.1, 5.4 and 9.2 shall not apply to the Preview Software and Freeware. Further Redgate is under no obligation to release the Preview Software as part of the Subscription Software or any other software.
WARRANTY AND SUPPORT. 5.1 Spawn has been developed as a standard product for use by a wide variety of users and so we are unable to warrant that it will meet any particular user needs. You shall take full responsibility for ensuring that Spawn is suitable for your intended purposes.
5.2 Spawn is a beta version made available to you for preview prior to full release and is therefore provided AS IS with no representation, guarantee or warranty of any kind as to its functionality, quality, performance, implied whether by statute or otherwise, which are hereby expressly excluded.
WARRANTY AND SUPPORT. 5.1 We warrant that:
5.1.1 we own the Intellectual Property Rights in the Subscription Software and/or have the right to grant a licence to you;
5.1.2 in creating the Subscription Software, we have not knowingly infringed the intellectual property rights of third parties; and
5.1.3 for a period of 90 days from the first installation of the Subscription Software (or, if applicable, 90 days from the end of the Evaluation Period if you continue to use the Subscription Software) the Subscription Software shall operate substantially in accordance with its description. However, you acknowledge that the Subscription Software is of such a complexity that there will be inherent defects and that therefore we can give no warranty that the Subscription Software is free from error or defect or that operation of the Subscription Software shall be uninterrupted.
5.2 Other than as provided for in clause 5.1 above, we do not offer any warranty related to the Subscription Software and/or the support provided, either express or implied, including but not limited to implied warranties of fitness for purpose or satisfactory quality. The Subscription Software has been developed as a standard product for use by a wide variety of users and so we are unable to warrant that the Subscription Software will meet any particular user needs. You shall take full responsibility for ensuring that the Subscription Software is suitable for your intended purposes and to facilitate investigation into such suitability, we offer a free Evaluation Period.
5.3 Support. In relation to and without prejudice to the generality of clause 5.2 above, we provide support to users of Subscription Software via our web site, user forums, by email and by phone. The support is provided subject to the terms of this Agreement. You accept that, although we will use reasonable endeavours to solve problems identified by you, the nature of software is such that no guarantee can be provided that any particular problem will be solved. You accept that, where a particular problem requires an update to the Subscription Software, the scheduling of any new releases and the functionality those releases contain shall be under our sole control.
WARRANTY AND SUPPORT. 9.1 We hereby warrant:
9.1.1 that we own the Intellectual Property Rights in the Software and/or have the right to grant a licence to you;
9.1.2 that in creating the Licensed Software, we have not knowingly infringed the intellectual property rights of third parties;
9.1.3 that the Licensed Software shall operate substantially in accordance with its description. However, you acknowledge that the Licensed Software and related materials are of such a complexity that there will be inherent defects and that therefore we can give no warranty that the Licensed Software is free from error or defect or that operation of the Licensed Software shall be uninterrupted.
9.2 Other than as provided for in clause 9.1 above, we do not offer any warranty related to the Licensed Software, either express or implied, including but not limited to implied warranties of fitness for purpose or satisfactory quality. The Licensed Software has been developed as a standard product for use by a wide variety of users and so we are unable to warrant that the Licensed Software will meet any particular user needs. You shall take full responsibility for ensuring that the Licensed Software are suitable for your intended purposes and to facilitate your checks of such suitability, we offer a free Evaluation Period.
