Common use of Warranty of Functionality Clause in Contracts

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. Jcurve 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 JCurve does not warrant that the Service will be error-error- free. Customer’s sole and exclusive remedy for JcurveJCurve’s breach of this warranty shall be that Jcurve 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 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 JCurve shall have no obligation with respect toa 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 xxxxxxxx@xxxxxx.xxx.xx.

Warranty of Functionality. Jcurve 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 JCurve does not warrant that the Service will be error-free. Customer’s sole and exclusive remedy for JcurveJCurve’s breach of this warranty shall be that Jcurve 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 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 JCurve shall have no obligation with respect toa 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 xxxxxxxx@xxxxxx.xxx.xx.