Warranty of Functionality. Vendor warrants to Customer during the Term of this Agreement that the Service will comply with the material functionality described in the SaaS Materials and that such functionality will be maintained in all material respects in subsequent upgrades to the Service. Customer’s sole and exclusive remedy for Vendor’s breach of this warranty shall be that Vendor shall use commercially reasonable efforts to correct such errors or modify the Service to achieve the material functionality described in the SaaS Materials within a reasonable period of time. However, Vendor shall have no obligation with respect to this warranty claim unless notified of such claim within (30) days of the first material functionality problem. Further, Vendor shall have no obligation with respect to this warranty claim, and Customer may not terminate the Agreement, where any alleged nonconformity is due to User error as reasonably determined by the parties after investigation and analysis by Vendor’s Product Support Center. Vendor does not warrant that the Service will be will be free of non-material errors, bugs, or minor interruption, or that all such errors will be corrected.
Warranty of Functionality. During the Contract Term the Contractor will ensure that all hardware and software delivered as a part of the Ordered Work operated without any Errors.
Warranty of Functionality. The Licensor warrants to Client during the License Period that LocalSolver and Service will comply with the material functionality described in the aaS Materials and Documentation and that such functionality will be maintained in all material respects in subsequent upgrades to the Service. Client’s sole and exclusive remedy for the Licensor’s breach of this warranty shall be that the Licensor shall use commercially reasonable efforts to correct such Errors or modify LocalSolver and/or Service to achieve the material functionality described in the aaS Materials within a reasonable period of time. However, the Licensor shall have no obligation with respect to this warranty claim unless notified of such claim within (30) days of the first material functionality problem. Further, the Licensor shall have no obligation with respect to this warranty claim, and Client may not terminate the Agreement, where any alleged nonconformity is due to User error as reasonably determined by the parties after investigation and analysis by the Licensor. The Licensor does not warrant that the Service and/or LocalSolver will be free of non-material Errors, bugs, or minor interruption, or that all such Errors will be corrected.
Warranty of Functionality. Jcurve warrants to Customer during the Term that the Service will achieve in all material respects the functionality described in the User Guides applicable to the products purchased by Customer and that such functionality will be maintained in all material respects in subsequent upgrades to the Service. Jcurve does not warrant that the Service will be error-free. Customer’s sole and exclusive remedy for Jcurve’s breach of this warranty shall be that Jcurve shall be required to use commercially reasonable efforts to modify the Service to achieve in all material respects the functionality described in the User Guides and other related documentation and if Jcurve is unable to restore such functionality, Customer shall be entitled to terminate the Agreement and shall be entitled to receive a pro-rata refund of the license fees paid for under the Agreement for its use of the Service for the terminated portion of the Term. Jcurve shall have no obligation with respect toa warranty claim unless notified of such claim within sixty (60) days of the first instance of any material functionality problem, and such notice must be sent to xxxxxxxx@xxxxxx.xxx.xx.
Warranty of Functionality iDONATEpro warrants that (i) the Service will achieve in all material respects the functionality described in the Help Documentation applicable to the Service procured by Customer, and (ii) such functionality of the Service will not be materially decreased during the Term. Customer’s sole and exclusive remedy for iDONATEpro’s breach of this warranty shall be that iDONATEpro shall be required to use commercially reasonable efforts to modify the Service to achieve in all material respects the functionality described in the Help Documentation and if iDONATEpro is unable to restore such functionality, Customer shall be entitled to terminate the Agreement and receive a pro- rata refund of the subscription fees paid under the Agreement for its use of the Service for the terminated portion of the Term. iDONATEpro shall have no obligation with respect to a warranty claim unless notified of such claim within sixty (60) days of the first instance of any material functionality problem, and such notice must be sent to xxxxxxx@xXXXXXXxxx.xxx. The warranties set forth in this Section (3.1) are made to and for the benefit of Customer only. Such warranties shall only apply if the applicable Service has been utilized in accordance with the Help Documentation, this Agreement and applicable law.
Warranty of Functionality. 9.1. Service Provider warrants that the DAC6pro Service shall perform in all material respects according to Service Provider’s specifications concerning the DAC6pro Service, if and when used with the most up to date Internet browser environments. Service Provider indemnifies Subscriber against any claim of a third party in connection with DAC6pro Service.
Warranty of Functionality. StormMQ warrants that the Software Solution shall conform in all material respects with the Software Specifications (as defined in Schedule C to this Agreement), as verified from time to time during Xxxxx’x acceptance testing and quality assurance processes for each implementation and application by Xxxxx of the Software Solution (such processes to be agreed using best endeavours between Xxxxx and StormMQ). StormMQ also warrants that the functionality of the Software Solution will not be materially decreased during the term of this Agreement. These warranties shall not apply to the Software Solution if modified by anyone (including by Xxxxx) or if used improperly or in an operating environment or in an application not approved in writing by StormMQ. In the event of any defect in the functionality of the Software Solution, Xxxxx shall notify StormMQ promptly of such defect and StormMQ shall then take commercially prudent and reasonable action to promptly correct the functionality of the Software Solution. Xxxxx agrees to cooperate with and assist StormMQ in the replication of such notified defects as necessary, and in the identification, rectification and evaluation of any changes that are necessary to the Software Solution in order to correct any such notified defect. The revised Software Solution which arises out of such activity will then be treated as conformant with the Software Specification until such time as Xxxxx notifies StormMQ of any further defects. All other conditions, warranties or other terms which might have effect between the Parties or be implied or incorporated into the agreement, whether by statute, common law or otherwise, are hereby excluded including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purposes or the use of reasonable skill and care.
Warranty of Functionality. WGI warrants that the Software and Website shall perform in all material respects when used with the appropriate computer equipment. In the event of any breach or alleged breach of this warranty (regarding the functionality of the Software or Website), Sub- Licensee shall promptly notify CompetitionSuite whose sole remedy shall be that CompetitionSuite shall correct the Software and Website so that it operates according to the warranty. This warranty shall not apply to the Software if modified by anyone or if used improperly or on an operating environment not approved by CompetitionSuite.
Warranty of Functionality. Spōk warrants that: (i) the Service will achieve in all material respects the functionality procured by the Customer, and (ii) such functionality of the Service will not be materially decreased during the then-current subscription term. Customer’s sole and exclusive remedy for Spōk’s breach of this warranty shall be that Spōk shall use commercially reasonable efforts to modify the Service to achieve in all material respects the functionality described in the applicable Documentation. If Spōk is unable to restore such functionality, Customer shall be entitled to terminate the Agreement and receive a pro-rata refund of the subscription fees paid under the Agreement for its use of the Service for the terminated portion of the then- current subscription term. Spōk shall have no obligation with respect to a warranty claim unless Customer delivers to Spōk a notice of such claim containing sufficient detail to allow Spōk to recreate the issue within sixty (60) days of the first instance of any material functionality problem. The warranties set forth in this Section 8.1 are made to and for the benefit of Customer only. Such warranties shall only apply if the applicable Service has been utilized in accordance with the Documentation, this Agreement and applicable law. This Section 8.1 provides Customer’s sole and exclusive remedy for any breach by Spōk of the warranties provided in this Section 8.1.
Warranty of Functionality. During the Contract Term the Contractor will ensure Normal Operation of the System and of the Ordered Work hereunder by removing Errors in accordance with the terms and conditions stipulated in this Contract. During the Contract Term the Contractor will ensure that the System and the Ordered Work operated without any Errors.
