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adjustment work is necessary to operate the Software, the warranty period of
the Software commences from the date Azbil begins such adjustment work and
continues for a period set forth in Exhibit (“Warranty Period”).
AZBIL, EXPRESSLY OR IMPLIEDLY, HAS NO LIABILITY FOR THE USE OF THE
SOFTWARE AFTER THE WARRANTY PERIOD.
Article 6. Warranty
6-1. Within the Warranty Period, Azbil warrants that the Software, if Used under the
suitable environment designated by Azbil, duly functions in accordance with the
specications set forth in the Related Documents provided by Azbil: provided,
however, that Azbil does not warrant that the Software will be free of all errors or
operate without interruption (“Warranty”). The Warranty does not apply to third party
software contained in the Software, which is warranted only by the third party who
owns such software.
6-2. If any non-conformance to the Warranty is detected within the Warranty Period,
You must promptly notify Azbil and provide Azbil with all available information in
written or electronic form so that Azbil can reproduce the non-conformance. If in
Azbil’s opinion such non-conformance is attributable to Azbil, Azbil shall at no charge
correct it or provide You with guidance to correct it. If the nonconformance of the
Software is due to third party software, Azbil will only inform You of cautions to use
the Software.
6-3. If a non-conformance to the Warranty is in Azbil’s opinion irremediable or unavoidable,
Azbil shall compensate the damage reasonably incurred by You.
6-4. The Warranty does not apply, if a non-conformance is caused:
(i) by natural disaster (including, without limitation, re, earthquake, thunder,
pollution), plague (including, without limitation, infectious disease), war, riots, civil
commotion, labor disputes, lockouts, failure of electricity, gas or water supplies,
dysfunction or network, transport accidents, trac jams, enactment, amendment
or abolishment of laws or regulations, order or request by governmental or quasi-
government authorities, public health emergency or any other force majeure;
(ii) by maintenance of hardware, correction of a non-conformance, or change of the
Software by You or a third party, without prior consent of Azbil;
(iii) because you or a third party modied, altered or otherwise changed the Software
or other software (including update of the operating system) or installed other
software without prior consent of Azbil;
(iv) because You failed to update the version of the Software not in compliance with
Azbil’s instruction;
(v) because You failed to provide necessary information and assistance to Azbil for
maintenance of the Software;
(vi) because, by an update or version-up of the Software or other software, the Software
has fallen out the scope of the operating environment recommended by Azbil;
(vii) by computer virus not attributable to Azbil;
(viii) because You Used the Software in combination with the application not
recommended by Azbil, or You installed or maintained the Software not in
compliance with Azbil’s instruction, or You Use the Software under the hardware
environment not recommended by Azbil; or
(ix) by reason not attributable to Azbil.
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