Common use of Warranty on Software Clause in Contracts

Warranty on Software. Conviron warrants that its software, if unaltered, will conform to specifications during the software Standard Warranty Period noted in the Warranty Reference Table. During the software Standard Warranty Period, Conviron will, at its sole option, make the software operate as warranted by making the necessary corrections, replacing the software with functionally equivalent software, or refunding the money paid by the Purchaser for the software upon return of all of copies of the software. Conviron does not warrant that any other defects will be corrected or that the operation of the software will be uninterrupted or error-free. Where the software cannot perform properly due to conflicts with Purchaser installed software or hardware, this software warranty shall not apply. Conviron’s obligations under this software warranty shall immediately cease in their entirety if the software is improperly installed, or in any way abused, misused, neglected, or altered. The warranty does not cover damage resulting from external causes including accident (including but not limited to fire, explosion and flood), problems with electrical power, usage outside of specification or not in accordance with product instructions, or third-party actions. Any reconfiguration or modification of the software without the prior consent of Conviron shall be considered tampering and will void the software warranty in its entirety. The software warranty applies only if the purchaser is the original licensee of the software. Please note conditions applicable to all warranties written below.