Software Warranty & Disclaimer

Software Warranty and Disclaimer. The Provider warrants that the Software shall perform materially in accordance with the Documentation for a period of ninety (90) days from the date of delivery or initial access (the "Warranty Period"). If the Software fails to conform to this warranty during the Warranty Period, the Customer's sole and exclusive remedy, and the Provider's entire liability, shall be for the Provider to use commercially reasonable efforts to correct the nonconformity, or, if the Provider is unable to correct the nonconformity within thirty (30) days, to refund the license fees paid for the nonconforming Software. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, THE PROVIDER PROVIDES THE SOFTWARE AND SERVICES "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THE PROVIDER SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THE PROVIDER DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.