Warranty for Software. Worldsensing warrants for the period set out in the general Sales Terms and Conditions approved by the company and commencing upon delivery of the Software to Licensee that the Software, as delivered, will in all material respects perform the functions described in the specifications contained in the documentation provided with the Software. If the Software does not, in all material respects, perform the functions therein described, Worldsensing or its authorized reseller will undertake to correct any reported error under the terms of the Maintenance Agreement in place between the Licensee and Worldsensing, which shall be Worldsensing's entire liability and Licensee's exclusive remedy for breach of this warranty. Worldsensing does not warrant that the Software will meet Licensee's requirements, that the Software will operate in the combinations which Licensee may select for use, that the operation of the Software will be uninterrupted or error-free, or that all error conditions will be corrected, also Worldsensing is not responsible for the malfunction of the Software derived from a computer attack. EXCEPT AS PROVIDED IN THIS SECTION ALL SOFTWARE PROVIDED HEREUNDER IS PROVIDED "AS IS". 8.2. Disclaimer THE EXPRESS WARRANTIES OUTLINED IN THIS SECTION 8 ARE THE ONLY WARRANTIES MADE BY WORLDSENSING FOR THE SOFTWARE PROVIDED BY WORLDSENSING. WORLDSENSING MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED OR ARISING BY CUSTOM OR TRADE USAGE, AND, SPECIFICALLY, MAKES NO WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. WORLDSENSING'S EXPRESS WARRANTIES SHALL NOT BE ENLARGED, DIMINISHED OR AFFECTED BY, AND NO OBLIGATION OR LIABILITY SHALL ARISE OUT OF, WORLDSENSING RENDERING TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH THE SOFTWARE.
Warranty for Software. Unless otherwise stated in the Software License Agreement [insert cross reference if applicable], Contractor warrants the Contractor Software for one (1) year from the date of Final System Acceptance in accordance with the terms of the Software License Agreement and the provisions of Section 5.
Warranty for Software. For a period of ninety (90) days from the date of receipt of software, the Contractor warrants that: (i) the unmodified software will provide the features and functions, and will otherwise conform to all published documentation including on the Contractor's website; and (ii) the media upon which the software is furnished will be free from defects in materials and workmanship under normal use and service.
Warranty for Software. Software licensed hereunder shall be free from significant programming errors and defects in workmanship and materials and shall operate and conform to the performance capabilities, specifications, functions and other descriptions as set forth in any then-current documentation for a period of thirty (30) days following Delivery of the Software (the “Software Warranty Period”).The Software shall be delivered free from viruses, backdoor traps, “Trojan Horses,” “time bombs”, “spyware” or other feature or function designed to interfere with, monitor, terminate, or modify the availability or use of the Software. Services provided hereunder shall be performed in a good and workmanlike manner. If at any time during the Software Warranty Period, Licensee discovers one or more material defects or errors in the Software or services, Actiance shall, as Licensee’s sole and exclusive remedy, use reasonable efforts to correct such defect, error or non-conformity provided that Licensee provides adequate notice and description of the defect or error to Actiance prior to the expiration of the warranty period. Actiance shall have a reasonable time period to correct such defect or error.
Warranty for Software. 9.1 We warrant that:
9.1.1 the Software will, when properly used on an operating system for which it was designed, perform substantially in accordance with the functions described in the Documentation;
9.1.2 the Documentation correctly describes the operation of the Software in all material respects for a period of 90 days from the date of installation of the Software (Software Warranty Period).
9.2 If, within the Software Warranty Period, you notify us in writing of any defect or fault in the Software as a result of which it fails to perform substantially in accordance with the Documentation, we will, at our sole option, either repair or replace the Software, provided that you give us proof of purchase and make available all the information that may be necessary to help us to remedy the defect or fault, including sufficient information to enable us to recreate the defect or fault.
9.3 The warranty does not apply:
9.3.1 if the defect or fault in the Software results from you having altered or modified the Software;
9.3.2 if the defect or fault in the Software results from you having used the Software in breach of the terms of this Appliance Agreement;
9.3.3 if you have not installed the latest Maintenance Release within a reasonable period.
9.4 We do not warrant that the use of the Software will be uninterrupted or error-free.
9.5 All other warranties, statements, representations, conditions or other express or implied terms as to the quality, satisfactory quality, suitability or fitness for any particularly purpose of the Software is hereby excluded.
10.1.1 arising under or in connection with this Appliance Agreement;
10.1.2 in respect of any use made by you of the Services; and
10.1.3 in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with this Appliance Agreement.
Warranty for Software. Unless otherwise stated in the Software License Agreement Exhibit F-1, Contractor’s Software License Agreement and Exhibit F-2 Contractor’s Cloud Services Agreement., Contractor warrants the Contractor Software for one (1) year from the date of Final System Acceptance in accordance with the terms of the Software License Agreement and the provisions of Section 5.
Warranty for Software. (a) EMC warrants that the Core Software shall be free from material defects in materials and workmanship and that the Core Software shall perform substantially in accordance with EMC's written specifications for such Core Software for two (2) years from Acceptance, under normal use and regular recommended service.
Warranty for Software. 14.1 For the duration of the Warranty Period, Provider warrants that the Software will operate in conformity with the Documentation in all material respects.
14.2 If at any time during the Warranty Period the Customer believes there is a defect in the Software such that the Software does not comply with or cannot be used in conformity with the Documentation in all material respects, the Customer shall notify Provider of such perceived defect.
14.3 Provider shall investigate the perceived defect notified pursuant to subclause 2 and shall, upon the verification of the existence of the defect, rectify such defect without additional charge to the Customer.
14.4 If due investigation by Provider of a defect reported pursuant to subclause 2 reveals that no such defect in fact exists, Provider may make an Additional Charge in respect of such investigation.
14.5 Provider shall not be liable under this clause to the extent that a defect is caused by the Customer or a third party, including the failure of the Customer or a third party to maintain the operating environment designated in the Documentation or to otherwise use the Software in accordance with specifications issued by Provider from time to time, whether in the Documentation or otherwise.
Warranty for Software. For a period of one-hundred eighty (180) days from the date of final acceptance of software, Contractor warrants that: (i) the software will provide the features and functions and will otherwise conform to all published documentation including on Contractor’s website; and (ii) the media upon which the software is furnished will be free from defects in materials and workmanship under normal use and service. The parties agree that the warranties set forth above do not require uninterrupted or error-free operation of hardware or services unless otherwise stated in the specifications. Upon receipt of written notice from State that the Application fails to meet this warranty, Contractor shall provide Maintenance and Support Services in accordance with the terms of the Contract. State’s primary remedy for breach of a performance warranty shall be the prompt and efficient correction or replacement of the defective Application. If the primary remedy fails in its essential purpose, such failure shall be deemed a material breach of the Contract for which State may pursue any other remedy permitted under the Contract, at law or in equity.
Warranty for Software. (a) EMC warrants that the Core Software shall be free from material defects in materials and workmanship and that the Core Software shall perform substantially in accordance with EMC's written specifications for such Core Software for two (2) years from Acceptance, under normal use and regular recommended service.
(b) EMC warrants that the Enterprise Storage Software shall, under normal use. perform substantially in accordance with EMC's written specifications for such Enterprise Storage Software. The warranty period for Enterprise Storage Software shall be for a period of ninety (90) days from Acceptance.
(c) EMC's entire liability and Customers exclusive remedy under the above two warranties described in the two preceding paragraphs shall be for EMC to use reasonable efforts to remedy material defects covered by these warranties within a reasonable period of time or, at EMC's option, either to replace the non-conforming Software or to refund the amount paid by Customer for such Software, as depreciated on a straight line basis over a five (5) year period upon return of such Software to EMC. EMC does not warrant that the operation of the Software will be uninterrupted or error free, or that all Software defects can be corrected. Customer shall return the replaced Software to EMC upon EMC's request.
