Limited Warranty. The following is added to this Section 15.1:
Limited Warranty. 11.1. Visma guarantees that the Services will perform substantially as described, provided they are properly licensed and set up. The Customer and Visma agree that the Services and delivery thereof will not be completely free of errors and that improving the Services is a continuous process. The Customer acknowledges that the Services are delivered “as is” and used at the Customer’s own risk.
11.2. Visma does not warrant that the Services will meet the Customer’s requirements, operate correctly with the Customer’s choice of equipment, systems or settings, be uninterrupted, nor free of errors. Further, use of the Internet to access and use the Services has not been established nor is it maintained by Visma, and Visma has no control over the Internet. Visma is not liable for the discontinuance or disruption of operation of any portion of the Internet, nor possible regulation of the Internet. Visma shall make all commercially reasonable efforts deemed appropriate to remedy and avoid such events, however Visma shall not guarantee that interruption will not occur. Visma shall not be liable for the performance or non- performance of Internet services or providers.
11.3. If the Services do not function in accordance with the limited warranty specified in the TOS, Visma shall correct the verified errors or defects in the Services at its own expense. Visma may choose to replace the Services or functionality instead of performing a correction. If Visma does not correct the verified errors or defects or replace the Services within a reasonable period of time, the Customer may terminate subscription to the applicable Service. In such a case, the Customer has the right to a pro-rated refund for any Subscription fees for the remaining subscription period for the affected Services starting from the month following verification by Visma of the errors or defects. Apart from this, the Customer shall not be entitled to make any claims against Visma.
11.4. The Service is provided on an “as is” basis and neither Visma nor any of its licensors offer any warranty, express or implied, except as expressly set forth herein, including without limitation warranties of title, non-infringement, merchantability, fitness for a particular purpose or system integration capability. No claims other than those specifically contained in the TOS have been made with respect to the Services, and the Customer shall not rely on any claims not expressly set out in the TOS.
11.5. Links to websites no...
Limited Warranty. The following is deleted from the first paragraph of Section 15.1:
Limited Warranty. With regard to perpetual Software licenses issued under this Agreement, the first three sentences of Section II, 9.1 of the Agreement shall not apply. Instead, the following limited warranty shall apply: Qlik warrants that the initial version of the Software delivered hereunder (but excluding any updates thereto provided as a result of Support) provides the functionalities set forth in the Documentation (the “agreed upon functionalities”) for the limited warranty period following the Delivery Date when used on the recommended hardware configuration. As used in this Section, “limited warranty period” means one (1) year. Non-substantial variation from the agreed upon functionalities shall not be considered and does not establish any warranty rights. To make a warranty claim, Customer must notify Qlik in writing during the limited warranty period. If the functionalities of the Software vary substantially from the agreed upon functionalities, Qlik shall be entitled, by way of re-performance and at its own discretion, to repair or replace the Software. If this fails, Customer is entitled to cancel the purchase agreement (rescission).
Limited Warranty. The following is added to this Section 16.1: