Knowledge Base

Warranty Conditions and Limitations

Conditions for Warranty Coverage

• Noldus is notified in writing within 14 days after any non-conformity of the Software was known or should reasonably have been known to End-User, and the End-User has made available all the information that might reasonably be required to allow Noldus to investigate, recreate, and where possible remedy a non-conformity.
• The Software has not been altered, repaired, or modified by any party other than Noldus or a third party provider approved by Noldus.
• The Software has not been used with software or a computer platform other than set out in the applicable documents, subjected to negligence, or computer or electrical malfunction.
• The Software was not used, adjusted, or installed other than in accordance with instructions by Noldus.

Disclaimer of Implied Warranties

Other than set out in the warranty conditions, no warranties are expressed or implied with respect to Software or any element thereof, including without limitation its quality, performance, accuracy, merchantability, or suitability or fitness for any purpose, whether or not that purpose has been communicated by End-User to Noldus. The Software is a general product developed by Noldus for a wide range of solutions, requirements, and situations, and End-User is responsible for purchasing the Software required for their needs. Noldus explicitly does not warrant that the Software shall be entirely without error or fault nor that it will operate without interruption. End-User agrees that such errors, faults, or interruptions shall not be deemed material cause to terminate this EULA.

Scope of Warranty Coverage

• The warranty applies only to the first installation of the Software.
• The warranty will not apply, resume, or renew upon delivery or installation of any subsequent update or upgrade to the Software.
• The warranty will not apply upon any alteration in the number of EULAs granted for use of the Software.
• The warranty will not apply to any other extensions, upgrades, or alterations to the Software where the Software has previously been delivered to or installed by the End-User.

Exclusions from Warranty

• Software that is licensed or otherwise made available at no cost.
• Software designated as prototype, alpha, or beta code.
• All such excluded Software is provided as-is and without warranty, representation, or liability.

Warranty Remedies

Upon receipt of an End-User's written notice of the Software not conforming to the Specifications during the Warranty Period, Noldus shall at its option and in its sole discretion:

• Assist the Customer in correcting or replacing the non-conforming Software, or
• Terminate the EULA immediately and refund the purchase price paid by the End-User.

The remedies described above shall be End-User's sole and exclusive remedies. Upon expiration of the Warranty Period, Noldus shall have no obligation to provide such remedies.

Support and Maintenance

Noldus and Authorized Partners are not responsible for maintaining or supporting use of the Software, nor obligated to provide any updates, fixes, or support to the Software, unless otherwise expressly agreed in writing between End-User and Noldus or the Authorized Partners.