Softenger warrants that the Software will substantially conform to the applicable Documentation for the longer of
(i) ninety (90) days following the date the Software is made available to you for your use. This warranty does not apply if the Software, Softenger product or any other equipment upon which the Software is authorized to be used: (i) has been altered, except by Softenger or its authorized representative, (ii) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Softenger, (iii) has been subjected to abnormal physical or electrical stress, abnormal environmental conditions, misuse, negligence, or accident; (iv) is licensed for beta, evaluation, testing or demonstration purposes or other circumstances for which the Approved Source does not receive a payment of a purchase price or license fee; or (v) has not been provided by an Approved Source. Softenger will use commercially reasonable efforts to deliver to You Software free from any viruses, programs, or programming devices designed to modify, delete, damage, or disable the Software or Your data.
At Softenger’s option and expense, Softenger shall repair, replace, or cause the refund of the license fees paid for the non-conforming Software. This remedy is conditioned on You reporting the non-conformance in writing to Your Approved Source within the warranty period. The approved Source may ask You to return the Software, the Softenger product, and/or Documentation as a condition of this remedy. This Section is Your exclusive remedy under the warranty.
Except as expressly set forth above, Softenger and its licensors provide Software “as is” and expressly disclaim all warranties, conditions or other terms, whether express, implied or statutory, including without limitation, warranties, conditions or other terms regarding merchantability, fitness for a particular purpose, design, condition, capacity, performance, title, and non-infringement. Softenger does not warrant that the Software will operate uninterrupted or error-free or that all errors will be corrected. In addition, Softenger does not warrant that the Software or any equipment, system, or network on which the Software is used will be free of vulnerability to intrusion or attack.