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.
Appears in 2 contracts
Samples: Subscription Agreement, Subscription Agreement
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 Services are or will be error-free. Software warranties are regulated in Exhibit A (Warranty).
b) Customer must notify Varnish of any deficiencies in Service 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 the Customer, Varnish will refund to Customer all amounts paid by Customer for the failed Services or defective Software, in the period lapsed elapsed from the complaint till termination.
Appears in 1 contract
Samples: Subscription and Services Agreement
WARRANTY AND SUPPORT. a) Varnish represents and warrants that: (a) Varnish is financially solvent and has the ability to perform its obligations hereunderobligationshereunder; (b) the person signing below is a duly authorized officer or representative of Varnish with the authority to enter into enterinto and bind Varnish to the terms and conditions in this Agreement; (c) the Services will be performed in a competent manner competentmanner by qualified personnel and all Software and services will be provided on a timely basis; (d) any Services provided do provideddo not infringe the intellectual property rights of third parties; and (e) Varnish owns, licenses and/or has the right to grant and grantand extend the subscription provided hereunder. However, Varnish does not warrant that the Software and services are or will orwill 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 defectiveService 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 operationswithin thirty (30) days of Customer reporting such failure or errors to Varnish. If Varnish is unable to provide a solution to the tothe failure after notice from Customer, Varnish will refund to Customer all amounts paid by Customer for the failed Services failedServices or defective Software, in the period lapsed from the complaint till termination.
Appears in 1 contract
Samples: Subscription Agreement