Warranty In Software Agreements

December 20, 2020 in Uncategorized by

These benefits can be quickly eroded under saaS/Cloud contract terms. This is due to the fact that support/maintenance services and maintenance costs are often wrapped in the subscription service and payable from day one – there is no free maintenance or assistance period – and the supplier`s saaS conditions often provide that repairing the infringement is the customer`s only recourse for the infringement. You can expect your partner to take responsibility for the things he can control and offer as collateral and compensation. Your partner has no control over how you sell or use the software solution you have created together. Your partner also has no control over the value or risks associated with your customers using your software solution. Overall, software agreements in India consist of services and licenses. In common parlion, agreements are generally referred to as “service agreements” and “licensing agreements.” Non-responsibility for claims or defects resulting from the combination of the software conceded with third-party software without the supplier`s consent. Non-responsibility for claims resulting from the customer`s modification of the licensed software without the seller`s consent. Non-responsibility for any guarantee regarding the final results of the use of the license software. Non-responsibility for claims arising from the use of the software in a way that is not authorized by the license. To learn more about this two-part series, read: Regulatory framework`s role in warranty of software license and service agreements – Part II About the authors Vivek Kathpalia is a partner and heads the Singapore office of the international law firm, Nishith Desai Associates and is a registered foreign attorney. He is a senior member of the Information Technology, Media and Telecommunications Practice Group and represents clients in litigation and arbitrations in areas such as technology, intellectual property, telecommunications, real estate and education. Huzefa Tavawalla is a partner at Nishith Desai Associates and focuses on intellectual property, information technology, telecommunications, media and entertainment.

He received a bachelor`s degree in law from India Law Society`s Law College, Pune and is a member of the Bombay Bar Association and the Maharashtra-Goa Bar Council. Nishith Desai Associates is an international tax and legal consulting firm based in Mumbai. Software licensing agreements often contain limited commitments (known as “guarantees”) from the vendor regarding the quality of the software conceded. For example, software providers generally promise that the software licensed for a given period (called a “guarantee period”) essentially corresponds to the description in the corresponding software documentation. Software quality guarantees are generally subject to exceptions for software problems that are not due to software errors or are outside the vendor`s scope of control. Based on the above questions, the guarantee area should contain some of the following guarantees: however, there are risks when searching for the minimum guarantees mentioned above. When most licensees see these general guarantees, they generally do not negotiate more than is indicated here. Remember, the warranty area is the contract provision that deals with software performance and service delivery. These are very important concepts, because a whole range of things can go wrong (for example.B. there may be errors, downtime or performance errors, etc.).

In the event of a warranty breach for the products granted or the services provided, the generally accepted remedy is as follows: the designer and software provider can design the transaction to influence the determination of the software as “good” or “service”. The supplier should know and plan for legal consequences, for example. B by the terms of the contract or insurance. Claims due to known viruses or other impurities that may be identified when the software is made available.