Warranty & Disclaimer
Warranty. AwareX warrants to Customer that (a) it owns or has the rights to license the awareX Subscription Service, AwareX Software and Documentation; (b) the awareX Subscription Service and AwareX Software and Documentation do not infringe any worldwide patents, copyrights or other intellectual property rights; (c) it has the right and authority to enter into this Agreement; and (d) it shall perform the awareX Subscription Service and its obligations hereunder in a commercially reasonable, professional and workmanlike manner, consistent with prevailing industry customs and standards.
Malware Warranty. AwareX warrants to Customer that AwareX shall use commercially reasonable actions and precautions to prevent the introduction or proliferation of any Malware into the awareX Subscription Service. As used herein, “Malware” shall mean (a) any code, program, or sub-program whose knowing or intended purpose is to damage or interfere with the operation of the software or computer system containing the code, program or sub-program, or to halt, disable or interfere with the operation of the software, code, program, or sub-program, itself, (b) any device, method, or token that permits any person to circumvent the normal security of the software or the system containing the code, or (c) any code, program, or sub-program whose knowing or intended purpose is to serve as an adaptive threat by, among other possibilities, obtaining and sending data from the software or computer system containing the code, program or sub-program.
Disclaimer. AwareX makes no other warranty of any kind, whether express, Implied, Statutory, or otherwise relating to the awareX subscription service or any other materials or service furnished or provided to Customer under this agreement. AwareX disclaims all implied warranties of merchantability or fitness for a particular purpose.