infringement; (ii) obtain a license for you to continue using the Product
notwithstanding such infringement; or (iii) replace the Software Product with
substitutes which do not constitute infringements, provided that such substitutes do
not entail a material diminution in performance or function.
14. Warranty
Provided that you have a valid license to use the Product, ABB warrants that a) for a
period of 90 days from the date of shipment of your license (the “Warranty Period”)
that it will perform substantially in accordance with the written materials that
accompany the Product; and b) any related support services provided by ABB shall be
substantially as described in applicable written materials provided to you by ABB, and
ABB support engineers will use commercially reasonable efforts, care and skill to
remedy by repair or replacement or supply a temporary fix, or make an emergency
bypass, if the Product yields incorrect results. In the event that the Product fails to
comply within the warranty period, ABB will either a) repair or replace the Product or
b) return the price you paid for the Product.
The foregoing warranty shall not apply to defects resulting from unauthorized
modification. ABB does not warrant that the functions contained in the software will
operate in combinations which may be selected for use by You or that the software
products are free from errors in the nature of what is commonly categorized by the
computer industry as "bugs."
The foregoing warranties shall not apply to Software which (1) have been improperly
modified or altered; (2) have been subjected to misuse, negligence or accident; (3)
have been used in a manner contrary to ABB's instructions, including instructions
concerning appropriate environmental specifications; (4) are used in combination
with equipment, components or products not specified by ABB; and/or (5) where the
damage is attributable to external factors, including, without limitation, failure or
fluctuation of electrical power or air conditioning.
The foregoing warranties shall not apply to Software which (1) have been improperly
modified or altered; (2) have been subjected to misuse, negligence or accident; (3)
have been used in a manner contrary to ABB's instructions, including instructions
concerning appropriate environmental specifications; (4) are used in combination
with equipment, components or products not specified by ABB; and/or (5) where the
damage is attributable to external factors, including, without limitation, failure or
fluctuation of electrical power or air conditioning.
TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE
WARRANTY ABOVE, ABB DISCLAIMS ALL WARRANTIES,
CONDITIONS AND OTHER TERMS, EITHER EXPRESS OR IMPLIED
(WHETHER BY STATUTE, COMMON LAW, COLLATERALLY OR
OTHERWISE) INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF SATISFACTORY QUALITY AND FITNESS FOR
PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCT AND THE
WRITTEN MATERIALS THAT ACCOMPANY THE PRODUCT. ANY
IMPLIED WARRANTIES THAT CANNOT BE EXCLUDED ARE LIMITED
TO ONE YEAR OR TO THE SHORTEST PERIOD PERMITTED BY
APPLICABLE LAW, WHICHEVER PERIOD IS GREATER. THE
