Software Representation And Warranty. When drafting or reviewing a commercial contract counsel should consider each representation and warranty and whether it is appropriate to include a corresponding covenant. The Seller warrants to the Buyer that during the Warranty Period the Software will perform substantially in accordance with its Documentation.
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A warranty which is a statement of current condition is called an affirmative warranty and a warranty which is a promise of future condition is called a promissory warranty Unlike a. Warranty clauses are one of the most frequently negotiated provisions in agreements for the purchase or license of computer hardware and software. A Representation is a statement of fact which is relied on by the receiving party and induces them to enter into the contract.
Representation or warranty should be made during the drafting of each clause in the contract.
And refers to an agreement to protect the. The Seller warrants to the Buyer that during the Warranty Period the Software will perform substantially in accordance with its Documentation. THIS OPEN SOURCE SOFTWARE IS DISTRIBUTED IN THE HOPE THAT IT WILL BE USEFUL BUT IS PROVIDED AS IS WITHOUT ANY WARRANTY EXPRESS IMPLIED OR. Technically a representation is a promise that something is true at that moment in time and a warranty is a promise that something will remain true in the future.
