Product Operation. RadView warrants that the Products (exclusive of New Releases), and each of them, will, upon their initial delivery to ASG be free from any material Nonconformities, and will operate and run substantially in conformance with the specifications and the End User documentation for the particular Product for a period of ninety (90) days following the initial delivery of the Product to ASG. Should any Nonconformity be detected by ASG and reported to RadView by ASG during such period, then provided that the Nonconformity is replicable and ASG provides to RadView the information and assistance reasonably required by RadView to recreate the Nonconformity and the circumstances of its occurrence, RadView shall address any such replicable Nonconformity with an effort commensurate with its severity and shall use commercially reasonable best efforts to prepare and deliver to ASG, at no charge to ASG, a Correction within a reasonable period of time, as evaluated based on the severity of the Nonconformity and the sufficiency of interim or partial remedies which might be available pending a final cure of the Nonconformity; provided, however, that in the event RadView is unable to deliver to ASG a Correction within a reasonably period of time, RadView will notify ASG of its inability to provide the Correction, terminate the licenses with respect to such non-conforming Product, accept return of all copies of the non-conforming Product delivered to ASG and all copies of such Product previously sold to End Users, and refund to ASG the royalties paid by ASG with respect to the returned copies of the non-conforming Product sold to End Users prior to RadView's delivery of the notice to ASG. Notwithstanding the foregoing, RadView shall not be responsible for Nonconformities that result from any modification of a Product not made or authorized by RadView. With respect to New Releases, RadView shall offer the same warranty during the ninety (90) day period following the initial delivery of such New Release to ASG; the applicable refund with respect to a non-conforming New Release delivered to an End User (a) shall be the Maintenance royalty fee paid with respect to the applicable End User for the Maintenance term during which the New Release was delivered (provided that where the Maintenance term was more than one (1) year in length, the Maintenance fee royalty refund shall be limited to the prorated portion of the Maintenance fee royalty which reflects one (1) year of the term). S...
Product Operation. As used herein, the term “Nonconformity” shall mean any of the following, but only to the extent that they are material: a significant deviation from the published description, published specifications, any user documentation or any technical documentation. The G3 Products, and each of them and each version of them, will to Sellers’ Knowledge, be reasonably free from any Nonconformities (excluding bugs that fit historical bug profiles). Buyer acknowledges that G3 Nova has given Buyer access to some of G3 Nova’s customers, and an opportunity to evaluate each G3 Product, and each version of each G3 Product, to determine whether, in Buyer’s judgment, each G3 Product will operate and run in a reasonable and efficient manner as described in, and in conformance with the specifications and the end user documentation for the particular G3 Product or version.
Product Operation. You agree that the Products, Modalities, and Hardware purchased shall be operated exclusively by duly qualified personnel in a safe and reasonable manner in accordance with the appropriate written instructions and for the purpose for which the Products were intended and, further, in compliance with standards of the National Bureauof Standards and the Departmentof Health and Human Services and similar governmental authorities, as revised from time to time. You agree to indemnify and hold the Company harmless from and against all claims, demands, actions, judgments, and costs, including reasonable attorney's fees, to theextent causedbyYour negligent act or omission arising out of or in connection with Your direct operation of the Products, Modalities, or Hardware.
Product Operation. For a period of two (2) years from the Effective Date, the Chariot Products, and each of them and each version of them, will be reasonably free from any Nonconformities, and each Chariot Product, and each version of each Chariot Product, will operate as described in, and in conformance with the specifications and the end user documentation for the particular Chariot Product or version. Notwithstanding the foregoing, NetIQ shall not be responsible for Nonconformities which result from any modification of a Chariot Product not made or authorized by NetIQ.
Product Operation. 16.1 While all due care has been taken, ASC does not warrant that the operation of the Product will be uninterrupted or error free or that any third party components of the Product, will be accurate or error free or that the Product will be compatible with any application, program or software not specifically identified as compatible by ASC.