HGS definition
Examples of HGS in a sentence
The failure of HGS to insist on the performance of any of the terms or conditions of this Agreement or to exercise any right hereunder shall not be a waiver of such terms, conditions, or rights in the future, nor shall it be deemed to be a waiver of any other term, condition, or right under this Agreement.
In the event such audit discloses non-compliance with this Agreement, Licensee shall promptly pay to HGS the appropriate license fees, plus the reasonable cost of conducting the audit.
HGS or the party supplying the Software to Licensee may, at its option, require return of the Software and/or Documentation as a condition to the remedy.
In no event does HGS warrant that the Software is error free or that Licensee will be able to operate the Software without problems or interruptions.
Except as expressly authorized in the Agreement, Licensee shall not make any copies or duplicates of any Software without the prior written permission of HGS.
HGS shall defend or settle at its expense a claim or suit against Licensee arising out of or in connection with an assertion that the Software infringes any U.S. copyright or U.S. registered patent.
No terms and conditions other than those stated herein, and no modification of these terms or conditions, shall be binding on HGS without HGS’ written consent.
NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, ALL LIABILITY OF HGS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS COLLECTIVELY, TO LICENSEE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY OR OTHERWISE, SHALL NOT EXCEED THE PRICE PAID BY LICENSEE TO HGS OR ITS AUTHORIZED RESELLER FOR THE SOFTWARE THAT GAVE RISE TO THE CLAIM.
Subject to the limitations and conditions set forth herein, HGS warrants that commencing from the date of shipment to Licensee and for a period no longer than sixty (60) days: (a) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (b) the Software shall perform in substantial conformity with the Documentation.
In both cases, the remedy is subject to the condition that any error or defect constituting a breach of this limited warranty is reported to HGS or the party supplying the Software to Licensee if different than HGS, within the 60-day warranty period.