Limited Performance Warranty Clause for Software License Agreements
(Pro-Licensor)

Summary

This template is a Limited Performance Warranty Clause for use in Software License Agreements drafted from the licensor's perspective. Many licensors of off-the-shelf software sold to a mass market provide software "as-is." Customers who contract for custom software development often aggressively negotiate for a warranty that the software will work as it is intended once it is deployed on the customer's systems. This template includes practical guidance and drafting notes. A limited performance warranty typically commences on the licensor's delivery of the software and lasts only for a specific period of time (usually between 30–90 days). This form should be tailored for the specific facts and circumstances of the proposed arrangement. For additional discussion relating to software warranties, see the warranty section within Software License Agreements: Drafting and Negotiating the Agreement. For additional examples of a software warranty provision within a software license agreement template, see Software License Agreement (Licensor).