Common use of Warranty of Functionality Clause in Contracts

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.