Common use of XXXXXXXX'S WARRANTIES Clause in Contracts

XXXXXXXX'S WARRANTIES. 9.1 The Supplier warrants that the Software will conform in all material respects to the Specification (if any) for a period of 90 days from the date of this licence (Warranty Period). If, within the Warranty Period, the Customer notifies the Supplier in writing of any defect or fault in the Software in consequence of which it fails to conform in all material respects to the Specification, and such defect or fault does not result from the Customer, or anyone acting with the authority of the Customer, having amended the Software or used it outside the terms of this licence for a purpose or in a context other than the purpose or context for which it was designed or in combination with any other software not provided by the Supplier, or it has not been loaded onto Supplier-specified or suitably configured equipment, the Supplier shall, at the Supplier's option, do one of the following: (a) repair the Software; (b) replace the Software; or (c) terminate this licence immediately by notice in writing to the Customer and refund any of the Fee paid by the Customer as at the date of termination (less a reasonable sum in respect of the Customer's use of the Software to the date of termination) on return of the Software and all copies thereof, provided the Customer provides all the information that may be necessary to assist the Supplier in resolving the defect or fault, including a documented example of any defect or fault, or sufficient information to enable the Supplier to re-create the defect or fault. 9.2 The Supplier does not warrant that the use of the Software will be uninterrupted or error-free. 9.3 The Customer accepts responsibility for the selection of the Software to achieve its intended results and acknowledges that the Software has not been developed to meet the individual requirements of the Customer. 9.4 All other conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this licence or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.‌

XXXXXXXX'S WARRANTIES. 9.1 The Supplier EMS warrants that the Software will conform in all material respects to the Specification (if any) or product description for a period of 90 days from the date of this licence Licence (Warranty Period). If, within the Warranty Period, the Customer notifies the Supplier EMS in writing of any defect or fault in the Software in consequence of which it fails to conform in all material respects to the Specification, and such defect or fault does not result from the Customer, or anyone acting with the authority of the Customer, having amended the Software or used it outside the terms of this licence Licence for a purpose or in a context other than the purpose or context for which it was designed or in combination with any other software not provided by the SupplierEMS, or it has not been loaded onto Supplier-specified or suitably configured equipment, the Supplier EMS shall, at the Supplier's option, do one of the following:, (a) 9.1.1 repair the Software; (b) replace the Software; or (c) 9.1.2 terminate this licence Licence immediately by notice in writing to the Customer and refund any of the Fee paid by the Customer as at the date of termination (less a reasonable sum in respect of the Customer's use of the Software to the date of termination) on return of the Software and all copies thereof, provided the Customer provides all the information that may be necessary to assist the Supplier EMS in resolving the defect or fault, including a documented example of any defect or fault, or sufficient information to enable the Supplier EMS to re-create the defect or fault. 9.2 The Supplier EMS does not warrant that the use of the Software will be uninterrupted or error-free. 9.3 The Customer accepts responsibility for the selection of the Software to achieve its intended results and acknowledges that the Software has not been developed to meet the individual requirements of the Customer. 9.4 The Customer acknowledges that any Open-Source Software provided by EMS is provided "as is" and expressly subject to the disclaimer in clause 9.5. 9.5 All other conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this licence Licence or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.‌care.

XXXXXXXX'S WARRANTIES. 9.1 5.1 The Supplier warrants that the Software (excluding Third-Party Software) will conform in all material respects to Schedule 1 (or, where applicable, to any written specification provided by EYOTO to the Specification (if anyCustomer which is labelled as a specification) for a period of 90 days one year from the date of this licence agreement, or where applicable, for the period set out in the Extended Warranty ("Warranty Period"). If, within the Warranty Period, the Customer notifies the Supplier in writing of any defect or fault in the Software in consequence of which it fails to conform in all material respects to Schedule 1 (or, where applicable, to any written specification provided by EYOTO to the SpecificationCustomer which is labelled as a specification), and such defect or fault does not result from the Customer, or anyone acting with the authority of the Customer, having amended the Software or used it outside the terms of this licence for a purpose or in a context other than the purpose or context for which it was designed or in combination with any other software not provided by the Supplier, or it has not been loaded onto Supplier-specified or suitably configured equipment, the Supplier shall, at shall address any such defect or fault in the Supplier's option, do one of the following: (a) repair the Software; (b) replace the Software; or (c) terminate this licence immediately by notice manner set out in writing to the Customer and refund any of the Fee paid by the Customer as at the date of termination (less a reasonable sum in respect of the Customer's use of the Software to the date of termination) on return of the Software and all copies thereofapplicable support agreement, provided the Customer provides all the information that may be necessary to assist the Supplier in resolving the defect or fault, including a documented example of any defect or fault, or sufficient information to enable the Supplier to re-create the defect or fault. 9.2 5.2 The Supplier does not warrant that the use of the Software will be uninterrupted or error-freefree or that it will meet any Heightened Cybersecurity Requirements. 9.3 5.3 The Customer accepts responsibility for the selection of the Software to achieve its intended results and acknowledges that the Software has not been developed to meet the individual requirements of the Customer. 9.4 5.4 The Customer acknowledges that any Open-Source Software provided by the Supplier is provided "as is" and expressly subject to the disclaimer in clause 5.5. 5.5 All other conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this licence agreement or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.‌care.

XXXXXXXX'S WARRANTIES. 9.1 The Supplier warrants that the Software will conform in all material respects to the Specification (if any) for a period of 90 days from the date of this licence (Warranty Period). If, within the Warranty Period, the Customer notifies the Supplier in writing of any defect or fault in the Software in consequence of which it fails to conform in all material respects to the Specification, and such defect or fault does not result from the Customer, or anyone acting with the authority of the Customer, having amended the Software or used it outside the terms of this licence for a purpose or in a context other than the purpose or context for which it was designed or in combination with any other software not provided by the Supplier, or it has not been loaded onto Supplier-specified or suitably configured equipment, the Supplier shall, at the Supplier's option, do one of the following: (a) repair the Software; (b) replace the Software; or (c) terminate this licence immediately by notice in writing to the Customer and refund any of the Fee paid by the Customer as at the date of termination (less a reasonable sum in respect of the Customer's use of the Software to the date of termination) on return of the Software and all copies thereof, provided the Customer provides all the information that may be necessary to assist the Supplier in resolving the defect or fault, including a documented example of any defect or fault, or sufficient information to enable the Supplier to re-create the defect or fault. 9.2 The Supplier does not warrant that the use of the Software will be uninterrupted or error-free. 9.3 The Customer accepts responsibility for the selection of the Software to achieve its intended results and acknowledges that the Software has not been developed to meet the individual requirements of the Customer. 9.4 All other conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this licence or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.‌care.

XXXXXXXX'S WARRANTIES. 9.1 10.1 The Supplier warrants that the Software will conform in all material respects to the Specification (if any) for a period of 90 days 12 months from the date of this licence licence, or if shorter, the Term (Warranty Period). If, within the Warranty Period, the Customer notifies the Supplier in writing of any defect or fault in the Software in consequence of which it fails to conform in all material respects to the Specification, and such defect or fault does not result from the Customer, or anyone acting with the authority of the Customer, having amended the Software or used it outside the terms of this licence for a purpose or in a context other than the purpose or context for which it was designed or in combination with any other software not provided by the Supplier, or it has not been loaded onto Supplier-specified or suitably configured equipment, the Supplier shall, at the Supplier's option, do one of the following: (a) 10.1.1 repair the Software; (b) 10.1.2 replace the Software; or (c) 10.1.3 terminate this licence immediately by notice in writing to the Customer and refund any of the Fee paid by the Customer as at the date of termination (less a reasonable sum in respect of the Customer's use of the Software to the date of termination) on return of the Software and all copies thereof, provided the Customer provides all the information that may be necessary to assist the Supplier in resolving the defect or fault, including a documented example of any defect or fault, or sufficient information to enable the Supplier to re-create the defect or fault. 9.2 10.2 The Supplier does not warrant that the use of the Software will be uninterrupted or error-freefree or that any Errors can and will be corrected, but the Supplier will use reasonable endeavours to correct Errors to long as the Errors are replicable by the Supplier, or to provide a software patch or to bypass such Errors. 9.3 10.3 The Customer accepts responsibility for the selection of the Software to achieve its intended results and acknowledges that the Software has not been developed to meet the individual requirements of the Customer. 9.4 10.4 The Customer acknowledges that any Open-Source Software provided by the Supplier is provided "as is" and expressly subject to the disclaimer in clause 10.7. 10.5 The Supplier warrants to the Customer that all Support Services and Maintenance Services supplied under this licence will be carried out with reasonable care and skill by personnel whose qualifications and experience will be appropriate for the tasks to which they are allocated. 10.6 Without prejudice to clause 10.1 the Customer must promptly notify the Supplier of any non-conformance to the above warranties in order to benefit from any of the remedies stated above, and in any event within 3 months of becoming aware (or when it ought reasonably have become aware) of such non-conformance. 10.7 All other conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this licence or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.‌care.

XXXXXXXX'S WARRANTIES. 9.1 7.1 The Supplier warrants that the Software will conform in all material respects to the Specification (if any) for a period of 90 days from the date of this licence ("Warranty Period"). If, within the Warranty Period, the Customer notifies the Supplier in writing of any defect or fault in the Software in consequence of which it fails to conform in all material respects to the Specification, and such defect or fault does not result from the Customer, or anyone acting with the authority of the Customer, having amended the Software or used it outside the terms of this licence Agreement for a purpose or in a context other than the purpose or context for which it was designed or in combination with any other software not provided by the Supplier, or it has not been loaded onto Supplier-Supplier- specified or suitably configured equipment, the Supplier shall, at the Supplier's option, do one of the following: (a) 7.1.1 repair the Software; (b) 7.1.2 replace the Software; or (c) 7.1.3 terminate this licence the Licence immediately by notice in writing to the Customer and refund any of the Licence and Maintenance Fee paid by the Customer as at the date of termination (less a reasonable sum in respect of the Customer's use of the Software to the date of termination) on return of the Software and all copies thereof, provided the Customer provides all the information that may be necessary to assist the Supplier in resolving the defect or fault, including a documented example of any defect or fault, or sufficient information to enable the Supplier to re-create the defect or fault. 9.2 7.2 The Supplier does not warrant that the use of the Software will be uninterrupted or error-free. 9.3 The Customer accepts responsibility for the selection of the Software to achieve its intended results and acknowledges that the Software has not been developed to meet the individual requirements of the Customer. 9.4 7.3 All other conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this licence or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.‌care.

XXXXXXXX'S WARRANTIES. 9.1 The Supplier warrants that the Software will conform in all material respects to the Specification (if any) for a period of 90 days from the date of this licence (Warranty Period). If, within the Warranty Period, the Customer notifies the Supplier in writing of any defect or fault in the Software in consequence of which it fails to conform in all material respects to the Specification, and such defect or fault does not result from the Customer, or anyone acting with the authority of the Customer, having amended the Software or used it outside the terms of this licence for a purpose or in a context other than the purpose or context for which it was designed or in combination with any other software not provided by the Supplier, or it has not been loaded onto Supplier-specified or suitably configured equipment, the Supplier shall, at the Supplier's option, do one of the following: (a) repair the Software; (b) replace the Software; or (c) terminate this licence immediately by notice in writing to the Customer and refund any of the Fee paid by the Customer as at the date of termination (less a reasonable sum in respect of the Customer's use of the Software to the date of termination) on return of the Software and all copies thereof, provided the Customer provides all the information that may be necessary to assist the Supplier in resolving the defect or fault, including a documented example of any defect or fault, or sufficient information to enable the Supplier to re-create the defect or fault., 9.2 The Supplier does not warrant that the use of the Software will be uninterrupted or error-free. 9.3 The Customer accepts responsibility for the selection of the Software to achieve its intended results and acknowledges that the Software has not been developed to meet the individual requirements of the Customer. 9.4 All other conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this licence or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.‌