IP Remedies without a Warranty
If a third party’s intellectual property rights interfere with Customer’s authorized use of the SaaS, Provider, at its own expense, shall promptly: (a) secure for Customer the right to continue using the SaaS; (b) replace or modify the SaaS to make it noninfringing, provided such modification or replacement does not materially degrade any functionality in […]
Additional Disclaimers
Provider does not warrant that the Software will perform without error or that it will run without immaterial interruption. Provider gives no warranty regarding, and will have no responsibility or liability for, any loss arising out of: (a) a modification of the Software made by anyone other than Provider, unless Provider approves such modification in […]
Mutual Warranty (and Indemnity) Disclaimers
EXCEPT FOR THE EXPRESS WARRANTIES SPECIFIED ABOVE IN THIS SECTION __, NEITHER PARTY MAKES ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF […]
Typical Warranty (and Indemnity) Disclaimers
CUSTOMER ACCEPTS THE SERVICE “AS IS,” WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE […]
Special Warranties
Each party warrants that it has the full right and authority to enter into, execute, and perform its obligations under this Agreement and that no pending or threatened claim or litigation known to it would have a material adverse impact on its ability to perform as required by this Agreement. • • • Provider warrants that the […]
Professional Services Quality Warranties
Provider warrants that it will perform Professional Services in a professional and workmanlike manner. • • • Provider warrants that all its staff members providing Maintenance (a) have received a certification from ________ for operation and maintenance of _________ (“Included Systems”) and (b) have no fewer than __ years’ full-time work experience operating or maintaining Included Systems.
Data Warranties
Customer warrants that: (a) it has and will collect the Customer Data in compliance with all applicable laws, including without limitation laws on privacy, security, and disclosure of personal information; and (b) it has and will obtain such consents as are required by applicable law for Provider to access and process the Customer Data as […]
Warranty of Originality
Provider warrants that the Work Product will be its own original work, without incorporation of text, images, software, or other assets created by third parties, except to the extent that Customer consents in writing.
IP Warranty
Provider warrants that it is the owner of the Software and of each and every component thereof, or the recipient of a valid license thereto, and that it has and will maintain the full power and authority to grant the intellectual property rights to the Software in this Agreement (a) without the further consent of […]
Warranty of Function
Provider warrants that, during the _________ period following Acceptance, the Software will perform materially as described in its Specifications.