Software Warranties. In addition to, and without limiting the warranties set forth in Section 5 (Warranties) herein, Seller represents and warrants that: (a) all Software shall conform in all respects to all applicable documentation; and
Software Warranties. AppGate warrants to Customer that Software will function materially in accordance with the Documentation for a period of thirty (30) days from commencement of the Software Term with respect thereto (the “Warranty Period”). Any failure of the Software to function materially in accordance with the Documentation during the Warranty Period for such Software shall be a “non- conformity”. In the event Customer sends written notice to AppGate during the Warranty Period notifying AppGate of any non-conformity with respect to the Software (the “Non-Conformity Notice”), AppGate will use commercially reasonable efforts to remedy such non- conformity. In the event AppGate fails to remedy such non-conformity or provide a mutually agreed work around within thirty (30) days after its receipt of the Non-Conformity Notice, either party may terminate such non-conforming Software and any Support services directly related to such non-conforming Software by providing written notice to the other party, provided, that, the terminating party exercises its right to terminate before AppGate is able to remedy such non-conformity. Notwithstanding the foregoing, Customer shall not have the right to terminate such non-conforming Software or Support services, as applicable, in the event Customer fails to provide AppGate all information reasonably requested by AppGate to resolve the non- conformity. In the event of any delay in Customer providing AppGate any such information, the thirty (30) day period for AppGate to remedy such non-conformity or provide a mutually agreed work around shall be deemed extended by the number of days of such delay. In the event of termination of a Software license or Support services, as applicable, in accordance with this Section 10.a, (i) Customer will not be liable for any “Early Termination Charge” in connection with such termination and (ii) Customer will be entitled to a refund of all pre-paid fees with respect to such terminated Software or Support service, as applicable, and relating to periods of time following such termination. With respect to a perpetual Software license, such refund shall be calculated, as depreciated, on a five (5) year straight line basis (the foregoing shall also apply in the event of a termination of a perpetual Software license (for which Customer is entitled to a refund of pre-paid fees relating to periods of time following termination) pursuant to (a) Customer’s right under the MA to terminate such perpetual Software licen...
Software Warranties. The Seller warrants to the Buyer that during the Warranty Period and under normal use the media in which the Software is embedded shall be free from defects in material and workmanship. The Seller warrants to the Buyer that during the Warranty Period the Software will perform substantially in accordance with its Documentation. If, during the Warranty Period, an Error occurs (where “Error” is defined as a failure of the unmodified (except as contemplated in the Technical Specifications or the Documentation) Software to operate substantially in accordance with the Technical Specifications and the Documentation), the Seller will use commercially reasonable efforts to correct such Error, if the Buyer furnishes the Seller with the following: (i) written notice of the warranty claim, including a description of the failure to perform in accordance with the Documentation and a specific description of the operating conditions (including the specific software/hardware configuration) under which the failure occurred, and (ii) to the extent feasible, a representative sample of inputs for repeating and analyzing the failure. If the Seller is unable, after using commercially reasonable efforts, to correct the Error, the Parties shall follow the dispute resolution process set forth in Article 32. The Seller does not warrant that the Software or the Documentation (or the Buyer’s use of it) will be free from all Errors or that its use will be uninterrupted. Any remedial steps taken by the Seller shall extend the Warranty Period in accordance with Section 16.5. Except as expressly authorized by the Seller in writing, all Third-Party Software shall carry only the warranties provided by its owners. The Seller makes no warranties with respect to the Third-Party Software.
Software Warranties. Quest warrants that, during the applicable Warranty Period (as defined in subsection (c) below),
(i) the operation of the Software, as provided by Quest, will substantially conform to its Documentation (the “Operational Warranty”);
(ii) the Software, as provided by Quest, will not contain any viruses, worms, Trojan Horses, or other malicious or destructive code designed by Quest to allow unauthorized intrusion upon, disabling of, or erasure of the Software, except that the Software may contain a key limiting its use to the scope of the License granted, and license keys issued by Quest for temporary use are time-sensitive (the “Virus Warranty”):
(iii) the media provided by Quest, if any, on which the On-Premise Software is recorded will be free from material defects in materials and workmanship under normal use (the “Media Warranty”); and
(iv) it will make commercially reasonable efforts to make the SaaS Software available twenty-four hours a day, seven days a week except for scheduled maintenance, the installation of updates, those factors that are beyond the reasonable control of Quest, Customer’s failure to meet any minimum system requirements communicated to Customer by Quest, and any breach of this Agreement by Customer that impacts the availability of the SaaS Software (the “SaaS Availability Warranty”).
Software Warranties. Provider warrants that, during the applicable Warranty Period (as defined in subsection (c) below),
(i) the operation of the Software, as provided by Provider, will substantially conform to its Documentation (the “Operational Warranty”);
(ii) the Software, as provided by Provider, will not contain any viruses, worms, Trojan Horses, or other malicious or destructive code designed by Provider to allow unauthorized intrusion upon, disabling of, or erasure of the Software, except that the Software may contain a key limiting its use to the scope of the License granted, and license keys issued by Provider for temporary use are time-sensitive (the “Virus Warranty”);
(iii) the media provided by Provider, if any, on which the On-Premise Software is recorded will be free from material defects in materials and workmanship under normal use (the “Media Warranty”); and
Software Warranties. CentralSquare warrants that: (i) it owns or otherwise has the rights in the Software and has the right to license the Software as described in this Agreement.
Software Warranties. 8.1 The Customer acknowledges that;
(a) it has had the opportunity to satisfy itself that the Software operates in an acceptable manner and meets its requirements;
(b) the Software and the Open Source Components may not be error free.
8.2 Next Telecom warrants that the Software is owned by or licensed to Next Telecom.
8.3 Next Telecom gives no warranty in respect of the Open Source Components and will not be liable to the Customer for any loss, damages or costs incurred by the Customer due to the failure of the Open Source Components.
8.4 Any express warranty given by Next Telecom in respect of the Software is conditional on the Customer’s complying with Next Telecom’s operating, security and data control procedures for the Software.
Software Warranties. Cohesity warrants to Customer that:
a) the Software will operate, for a period of ninety (90) days from the date of availability to Customer, substantially in accordance with, and as described in, the Documentation;
b) it uses commercially reasonable efforts designed to ensure that, on delivery, the Software will not contain any malware, viruses, worms, Trojan horses, ransomware, spyware, adware, scareware, disabling code, trap door devices or other malicious programs or instructions (but excluding normal agreed license restrictions such as time-limited licenses/subscriptions) intended to: (i) inhibit the use of the Software;
Software Warranties. Vendor warrants that:
(a) the Software and Services will satisfy the requirements of this Agreement; and
(b) Vendor owns or otherwise has the right to provide the Software to the City and to perform all of Vendor’s other obligations under this Agreement.
Software Warranties. IT HVAR hereby grants to Authorized Purchaser the following Software warranties:
