Warranty Guidelines

1.1. Unless stated otherwise in this Warranty Claim Guidelines, the capitalized terms used in this Warranty Claim Guide shall have the same meaning as defined in the License Terms.

1.2. The Licensor warrants that the Software has no defects as of the moment of the authorization of the Software. This means that the Licensor warrants that the Software will conform in all material respects to the Documentation and specification on the Website.

1.3. The Licensor does not provide any quality guarantee. The Licensor does not warrant that the use of the Software will be uninterrupted or error-free.

1.4. The Licensee accepts responsibility for the selection of the Software to achieve its intended results and acknowledges that the Software has not been developed to meet the individual requirements of the Licensee.

1.5. The Licensor does not warrant the use of the Software under the Demo license or Start-up license and the Licensee does not have any defective performance rights regarding the use of the Software under the Demo license or Start-up license.

2.1. The Licensee does not have defective performance rights if:

• the Licensee has had the knowledge of the defect prior to the purchasing of the Software under the License;
• the Licensee or other user of the Software has caused the defect;
• the Licensee or other user of the Software amended the Software or used it outside the terms of the Contract for a purpose or in a context other than the purpose or context for which it was designed;
• if the Software does not fulfill specific requirements or specific purpose of the Licensee or other user of the Software, as responsibility for the selection of the Software lies with the Licensee;
• if the Software is not compatible with other computer programs or hardware of the Licensee or other user of the Software unless such compatibility is expressly stated by the Licensor.

3.1. If the Software has a defect, the Licensee has the following defective performance rights.

3.2. The Licensor shall within a reasonable period remove the defect by reparation of the Software or by providing the new defect-free Software, at Licensor’s sole discretion.

3.3. The Licensee is entitled to a proportionate discount from the Fee if the Licensor cannot remove the defect or fails to remove the defect within a reasonable period (not earlier than within the period set in Clause 4.5).

3.4. If the Licensor fails to remove the defect within a reasonable period (not earlier than within period set in Clause 4.5) and the defect constitutes a material breach of the Contract, the Licensee is entitled to withdrawal from the Contract.

3.5. If the Licensee considers the defect as a material breach of the Contract, he or she is obliged to prove it to the Licensor.

3.6. The Licensee is not entitled to withdraw from Contract if the Software has defects which, by themselves or in conjunction with others, do not prevent the use of the Software, nor substantially limit its use (such a defect does not constitute a material breach of the Contract).

4.1. The Licensee is obliged to immediately inspect and test the Software, its properties and its compliance with the System in a safe environment.

4.2. The Licensee is obliged to assert the warranty claim with the Licensor after finding the defect without undue delay. A defect may be claimed only within six months after the authorization of the Software. If the Licensee fails to notify the defect of the Software in time, the Licensee shall lose the defective performance rights.

4.3. Licensee shall notify the Licensor of any defect by e-mail or by writing. The Licensee is obliged to describe the defect and provide the Licensor with all the information that may be necessary to assist the Licensor in resolving the defect, including a documented example of any defect (if possible), or sufficient information to enable the Licensor to re-create the defect.

4.4. The moment of asserting the warranty claim is the moment when the Licensee notifies the Licensor about the defect.

4.5. The Licensor shall decide whether to accept the warranty claim within three (3) working days from the date of the assertion of the warranty claim. Reasonable time for the expert assessments of the defect is not included in this period.

4.6. If the Licensee requests a right that cannot be conferred, the Licensor shall inform the Licensee about it. In that case, the Licensee shall have another right mentioned in this Warranty Claim Guidelines.

4.7. The warranty claim will be settled not later than thirty (30) days from the date of the assertion of the warranty claim.

1.1. Unless stated otherwise in this Warranty Claim Guidelines for SaaS, the capitalized terms used in this Warranty Claim Guide shall have the same meaning as defined in the SaaS Terms.

1.2. The Licensor shall be liable that the Software as a service has no defects as of the moment of the authorization of the Services. This means that the Licensor warrants that the Software as a service will conform in all material respects to the Documentation and specification on the Website.

1.3. The Licensor does not provide any quality guarantee. The Licensor does not warrant that the use of the Software as a service will be uninterrupted or error-free.

1.4. The Licensee accepts responsibility for the selection of the Software as a service to achieve its intended results and acknowledges that the Software as a service has not been developed to meet the individual requirements of the Licensee.

2.1. The Licensee does not have defective performance rights if:

• the Licensee has had the knowledge of the defect prior to the purchasing of the Services;
• the Licensee or other user of the Software as a service has caused the defect;
• the Licensee or other user of the Software as a service amended the Logging probes and/or Software or used it outside the terms of the Contract for a purpose or in a context other than the purpose or context for which it was designed;
• if the Software as a service does not fulfill specific requirements or specific purpose of the Licensee or other user of the Software as a service as responsibility for the selection of the Software as a service lies with the Licensee;
• if the Logging probes and/or Software as a service is not compatible with other computer programs or hardware of the Licensee or other user of the Software as a service unless such compatibility is expressly stated by the Licensor.

3.1. If the Software as a service has the defect, the Licensee has the following defective performance rights.

3.2. The Licensor shall within a reasonable period remove the defect by reparation of the Software as a service.

3.3. The Licensee is entitled to a proportionate discount from the Fee if the Licensor cannot remove the defect or fails to remove the defect within a reasonable period (not earlier than within the period set in Clause 4.5).

3.4. If the Licensor fails to remove the defect within a reasonable period (not earlier than within period set in Clause 4.5) and the defect constitutes a material breach of the Contract, the Licensee is entitled to withdrawal from the Contract.

3.5. If the Licensee considers the defect as a material breach of the Contract, he or she is obliged to prove it to the Licensor.

3.6. The Licensee is not entitled to withdraw from Contract if the Software has defects which, by themselves or in conjunction with others, do not prevent the use of the Software as a service, nor substantially limit its use (such a defect does not constitute a material breach of the Contract).

4.1. The Licensee is obliged to immediately inspect and test the Software as a service, its properties and its compliance with the System in a safe environment.

4.2. The Licensee is obliged to assert the warranty claim with the Licensor after finding the defect without undue delay. A defect may be claimed only within six months after the authorization of the Software. If the Licensee fails to notify the defect of the Software as a service in time, the Licensee shall lose the defective performance rights.

4.3. Licensee shall notify the Licensor of any defect by e-mail or by writing. The Licensee is obliged to describe the defect and provide the Licensor with all the information that may be necessary to assist the Licensor in resolving the defect, including a documented example of any defect (if possible), or sufficient information to enable the Licensor to re-create the defect.

4.4. The moment of asserting the warranty claim is the moment when the Licensee notifies the Licensor about the defect.

4.5. The Licensor shall decide whether to accept the warranty claim within three (3) working days from the date of the assertion of the warranty claim. Reasonable time for the expert assessments of the defect is not included in this period.

4.6. If the Licensee requests a right that cannot be conferred, the Licensor shall inform the Licensee about it. In that case, the Licensee shall have another right mentioned in this Warranty Claim Guidelines for SaaS.

4.7. The warranty claim will be settled not later than thirty (30) days from the date of the assertion of the warranty claim.