Software warranty

A software warranty clause outlines the guarantee provided by the software vendor that the product will function as described for a specified period, covering any defects or issues that might arise. It typically includes the vendor's obligations to repair, replace, or refund the software if it fails to meet the specified standards or performance criteria.

14 Software warranty examples

  • Description
    Satellite Flight Computer Software Warranty. Notwithstanding Article 17(A)(viii) (General), Contractor represents and warrants that the Satellite Flight Computer Software will be free from material defects in materials and workmanship and will conform to the Specifications, including the requirements in Exhibit B. This warranty shall start upon the date of Final Acceptance and shall continue for a period of five years. The scope of this warranty is as set forth in Exhibit A. For clarity, Contractor’s obligations under this Article 17(C) (Satellite Flight Computer Software Warranty) do not extend to defects in software resulting from modifications or patches made primarily by Globalstar.
    Document
    Globalstar, Inc. (GSAT)
  • Description
    SOCC Software Warranty. Notwithstanding Article 17(A)(viii) (General) and subject to Globalstar exercising the option under Article 11(G), Contractor represents and warrants that the SOCC software will be free from material defects in materials and workmanship and will conform to the Specifications, including the requirements in Exhibit I. This warranty shall start upon the date of Final Acceptance and shall continue for a period of five years. For clarity, Contractor’s obligations under this Article 17(D) (SOCC Software Warranty) do not extend to defects in software resulting from modifications or patches made by Globalstar or a third party on behalf of Globalstar.
    Document
    Globalstar, Inc. (GSAT)
  • Description
    Software Warranty. The Contractor shall deliver Software owned by Contractor or Subcontractors (including any Software Corrections and Software Upgrades) and use commercially reasonable efforts to deliver third party Software free of defects, programming errors, bugs, and material defects in manufacturing and workmanship. The Contractor shall use commercially reasonable efforts to incorporate, deliver and/or use Software developed using generally understood and recognized tools, scripts and framework, and open interface specifications, such that all significant items of Software and Software Corrections and Software Upgrades constituting Deliverable Items, including all Software installed on Customer Satellites, controlling Customer Satellites from the ground, or used in connection with the Customer Satellites, can be reasonably maintained, supported, upgraded, and modified from the ground by Customer or a Customer Permitted Sublicensee (as defined in Article14.1.6 below).
    Document
    Terran Orbital Corp (LLAP, LLAPW)
  • Description
    Software Warranty – no Malicious Code. Contractor represents, warrants and covenants that: (a) Contractor shall deliver all Software owned by Contractor or Subcontractors (including any Software Corrections and Software Upgrades incorporated into a Deliverable Item (other than off-the shelf software purchased by the Contractor in good faith) and use commercially reasonable efforts to deliver third party Software free of any “time-bombs”, “worms”, viruses, “Trojan horses”, “protect codes,” “data destruct keys,” Disabling Code or other programs or programming devices that can used to, improperly access, modify, delete, damage, deactivate/disable (other than for protecting the safe operation of the Space Segment) any software, hardware, or data of Customer, or prevent the required functionality or operation of the Software (including any Software Corrections and Software Upgrades) or any Deliverable Items (collectively, “Malicious Code”); and (b) the Contractor shall not, without the prior written consent of Customer, insert into any Software (including any Software Corrections and Software Upgrades) or Deliverable Item, any code that is intended to have the effect of allowing “back door” access, disabling or otherwise shutting down (other than for protecting the safe operation of the Space Segment) any computer program, or monitoring the content of all or any portion of the communications activities provided by the Customer satellite system (collectively, “Disabling Code”).
    Document
    Terran Orbital Corp (LLAP, LLAPW)
  • Description
    License Fees for Software and Other Deliverable Items; SaaS. During the Software Warranty Period or extensions thereof, the Contractor shall timely pay all maintenance, use, license and similar fees due with respect to all Software (including all Software that is provided as a service, or “SaaS”) and other Deliverable Items. To the extent Customer is required to pay any amounts to the suppliers of Software and other Deliverable Items in order to be able to use the same, the Contractor shall reimburse Customer for all such amounts. When each item of Software and other Deliverable Items subject to any such maintenance, use, license and similar fees is Delivered, the Contractor shall also Deliver to Customer a detailed description of such fees. On an annual basis (or more often if reasonably requested by Customer), the Contractor shall provide a schedule of all such fees for all Software and other Deliverable Items.
    Document
    Terran Orbital Corp (LLAP, LLAPW)
  • Description
    Software warranty for 1 year (the performance acceptance assistant platform is not included in the warranty)  The warranty is mainly based on the remote VPN login method for maintenance, and the remote login channel is provided by Party A.  If the site must be repaired due to force majeure, the location is only Sole-Vision Technologies, Inc. (refer to Appendix 4 for the address). If repairs are required to other locations, travel and personnel expenses will be charged.
    Document
    Iveda Solutions, Inc. (IVDA, IVDAW)
  • Description
    Software Warranty & Maintenance Apogee warranties software produced by Apogee on the ApogeeCORE platform under this Service Agreement. Any software bug, perceived or actual, which is reported to Apogee by a Client who maintains an active and current Service Agreement will be investigated and assigned a level of severity. All items will be prioritized by level of severity and will be remedied as quickly as possible by Apogee. Items may be classified as bugs if they are functional defects on existing software and intended functionality, any missing feature which may be perceived as necessary might require Custom Development to augment or add the desired functionality. Apogee is conuntally working on code improvements and additional functionality for the ApogeeCORE platform. Clients who maintain an active and current Service Agreement will be eligible to receive these upgrades as they become available. Please note, some upgrades may require Custom Development or additional Licenses to implement onto the Client's platform.
    Document
    Electromedical Technologies, Inc (EMED)
  • Description
    Software warranty provides customers with maintenance releases during the warranty support period and hardware warranty provides replacement or repair of equipment that fails to perform in line with specifications. Software subscription services include software warranty and additionally provides customers with rights to receive unspecified software product upgrades released during the support period.
    Document
    Infinera Corp (INFN)
  • Description
    The Company's hardware warranty periods generally range from one to five years from date of acceptance for hardware and the Company's software warranty is 90 days.
    Document
    Infinera Corp (INFN)
  • Description
    Software Warranty. The Supplier hereby warrants that for the Software Warranty Period, which shall be 90 days from the date NECOMAL is in receipt of shipment of the Software at which the Software license is delivered by Supplier to NECOMAL, that when operated according to the documentation and other instructions the Supplier provides, software will perform substantially according to the functional specifications listed in the documentation.
    Document
    AVIAT NETWORKS, INC. (AVNW)
  • Description
    Licensor Software Warranty. Licensor warrants that, beginning upon Final Acceptance and during the Term, the Software will operate in accordance with the Documentation without material error or Critical Program Error, and will perform the functions set forth in the Specifications. Licensor further warrants that all Updates to the Software will be compatible with existing Software(s) and shall not degrade documented functionality of Software being used by Customer.
    Document
    TETE Technologies Inc
  • Description
    The User understands and acknowledges that by downloading the application entitled “Gala Launcher” that it has read and understood and agrees to be bound to the Limited Software Warranty and License Agreement.
    Document
    Realm Metaverse Real Estate Inc.
  • Description
    Warranties We generally provide a one-year warranty on hardware sold by us and a 90-day warranty on software licenses. The hardware warranty provides for parts replacement for defective components and the software warranty provides for bug fixes.
    Document
    Nutanix, Inc. (NTNX)
  • Description
    Open Source Software Warranty and Indemnification. 1 Supplier represents and warrants that Products do not include and are not accompanied by any portion of Open Source Software that has not been approved by Buyer in writing. As a condition for such approval, Supplier shall provide to Buyer a full specification of such Open Source Software together with a copy of the license conditions associated therewith. Supplier shall deliver all necessary information to enable Buyer to comply fully with the licenses of all Open Source Software, including but not limited to any required notices to be reproduced by Buyer and the source code if such licenses requires as a condition of distribution the making available of source code. 2 Supplier represents and warrants that any use of any Open Source Software in Products, when used as anticipated by this Agreement, does not require Philips’ Equipment or any other product of Buyer to be licensed under terms set forth in the definition of Open Source Software. Supplier shall defend, indemnify and hold harmless Buyer Indemnitees against any and all losses, damages, costs and expenses, including reasonable attorneys’ fees. arising from any inclusion, or claims related to the inclusion, of Open Source Software in Products.
    Document
    Profound Medical Corp. (PROF)

What is a Software Warranty?

A Software Warranty is a guarantee provided by a software vendor regarding the performance and quality of their software product. It outlines the vendor’s commitments to repair or replace defective software or offer a refund if the software does not perform as stated. Software warranties can vary widely in their specifics, such as the duration and coverage of the warranty.

When should I use a Software Warranty?

You should consider utilizing a Software Warranty when you are purchasing or developing software that is critical to your operations or involves a significant investment. Here are some scenarios where a software warranty is beneficial:

  • Acquiring enterprise software: To ensure reliable and uninterrupted business operations.
  • Signing a software development contract: To set clear expectations about quality and performance.
  • Purchasing consumer software: To gain peace of mind that the software will function as promised.

How do I write a Software Warranty?

When writing a Software Warranty, it’s crucial to be clear and precise in outlining the terms and conditions. Here are some key elements to include:

  1. Scope: Define what is covered by the warranty, such as specific functionalities or components of the software.
  2. Duration: Specify the time period during which the warranty is valid.
  3. Exclusions: Clearly state what is not covered under the warranty.
  4. Remedies: Describe the actions that will be taken if the software fails, such as repair, replacement, or refund.
  5. Limitations of Liability: Limit the vendor’s liability to ensure reasonable risk management.

Example: “This warranty covers all major software functionalities for a period of 12 months from the purchase date. It excludes damages caused by unauthorized modifications. If the software fails to perform as specified, buyers are entitled to a replacement or full refund.”

Which contracts typically contain a Software Warranty?

A Software Warranty is typically found in the following types of contracts:

  • Software License Agreements: Agreements that grant users the rights to use the software, often containing warranty clauses to detail performance expectations.
  • Software Development Agreements: Contracts for custom software development where the developer assures the client of the software’s quality.
  • End User License Agreements (EULAs): Consumer-oriented agreements that include warranty terms to protect both vendor and consumer rights.
  • Service Level Agreements (SLAs): Agreements that frequently incorporate software warranties to ensure the software meets defined service standards.

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Sole discretion

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Sole remedy

The "sole remedy" clause in a contract specifies that the remedies outlined in the agreement are the exclusive resolutions available to the parties in case of a breach or dispute. By including this clause, parties agree not to seek any additional or alternative legal actions or claims outside what is expressly provided in the contract.

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