Representations and Warranties

Organizations should seek an express representation and warranty in the software license that the licensed software does not infringe upon the intellectual property rights of any third parties worldwide. Under some state laws, non-infringement warranties are limited to the United States unless otherwise specifically provided.

Vendors should also represent and warrant that software will not contain undisclosed restrictive code or automatic restraints not specifically authorized in the agreement. (See discussion under "Security".)

Licenses should also include appropriate warranties that software will perform according to specifications and should state how a vendor will respond in the event of problems. Warranties should distinguish between mission-critical failures, which require an expedited response, and failures that are not critical, which an organization can resolve in a routine manner. Licenses should also specify the length of the warranty and how the warranty relates to maintenance obligations and agreements.


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