Common use of Exclusions and Disclaimers Clause in Contracts

Exclusions and Disclaimers. The warranties do not extend to any damages, malfunctions, or non-conformities caused by: (i) Customer’s use of Products in violation of the license granted under this Agreement or in a manner inconsistent with the Documentation; (ii) normal wear due to Product use, including but not limited to Product cosmetics and display scratches; (iii) use of non-Avaya furnished equipment, software, or facilities with Products (except to the extent provided in the Documentation); (iv) Customer’s failure to follow Avaya’s installation, operation or support instructions; (v) Customer’s failure to permit Avaya timely access, remote or otherwise, to Products; or (vi) failure to implement Updates provided by Avaya. Warranties do not extend to Products that have been serviced or modified by a party other than Avaya or a third party specifically authorized by Avaya to provide the service or modification. EXCEPT AS REFERENCED AND LIMITED IN THIS SECTION, NEITHER AVAYA NOR ITS LICENSORS OR SUPPLIERS MAKE ANY EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT ANY MATTER UNDER THIS AGREEMENT. AVAYA DOES NOT WARRANT UNINTERRUPTED OR ERROR FREE OPERATION OF PRODUCTS OR DELIVERABLES, THAT THE PRODUCTS AND SERVICES WILL PREVENT TOLL FRAUD, THAT SERVICES WILL DETECT ALL SECURITY THREATS AND VULNERABILITIES, OR THAT SERVICES WILL RENDER CUSTOMER’S NETWORK OR PARTICULAR NETWORK ELEMENTS SAFE FROM INTRUSIONS AND OTHER SECURITY BREACHES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AVAYA DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE WARRANTY REMEDIES EXPRESSLY PROVIDED IN THIS AGREEMENT WILL BE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES.

Exclusions and Disclaimers. The warranties do above-referenced warranty does not extend to any damages, malfunctions, or non-conformities caused by: (i) Customer’s use of Products Phones in violation of the license granted under the main body of this Agreement or in a manner inconsistent with the Documentation; (ii) normal wear due to Product Phone use, including but not limited to Product Phone cosmetics and display scratches; (iii) use of non-Avaya Zang furnished equipment, software, or facilities with Products Phones (except to the extent provided in the Documentation); (iv) Customer’s failure to follow AvayaZang’s installation, operation or support maintenance instructions; (v) Customer’s failure to permit Avaya Zang timely access, remote or otherwise, to ProductsPhones; or (vi) failure to implement Updates all new updates to software provided by Avayaunder the Agreement. Warranties do not extend to Products Phones that have been serviced or modified by a party other than Avaya by Zang or a third party specifically authorized by Avaya Zang to provide the service or modification. In the event Customer purchases any Third Party Products from Xxxx, Xxxx provides Third Party Products on an ”AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, unless Zang specifies otherwise. However, such Third Party Products may carry their own warranties and Zang shall pass through to Customer any such warranties to the extent authorized. Exercise of such warranty shall be directly between Customer and the third party provider. EXCEPT AS REFERENCED AND LIMITED IN THIS SECTIONSECTION AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER AVAYA ZANG, NOR ITS LICENSORS LICENSORS, SUPPLIERS, OR SUPPLIERS MAKE AFFILIATES MAKES ANY EXPRESS REPRESENTATIONS REPRESENTATIONS, WARRANTIES, COVENANTS OR WARRANTIES ABOUT ANY MATTER UNDER THIS AGREEMENTCONDITIONS WITH REGARD TO THE PHONES. AVAYA ZANG DOES NOT WARRANT UNINTERRUPTED OR ERROR FREE OPERATION OF PRODUCTS PHONES OR DELIVERABLES, THAT THE PRODUCTS AND SERVICES PHONES WILL PREVENT TOLL FRAUD, THAT SERVICES WILL DETECT ALL SECURITY THREATS AND VULNERABILITIES, OR THAT SERVICES WILL RENDER CUSTOMER’S NETWORK OR PARTICULAR NETWORK ELEMENTS SAFE FROM INTRUSIONS AND OTHER SECURITY BREACHES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AVAYA DISCLAIMS ZANG AND ITS AFFILIATES DISCLAIM ALL IMPLIED OR STATUTORY WARRANTIESWARRANTIES AND CONDITIONS RELATED TO THE PHONES, INCLUDING INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE WARRANTY REMEDIES EXPRESSLY PROVIDED IN THIS AGREEMENT REFERENCED HEREIN WILL BE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIESREMEDIES RELATED TO THE PHONES.

Exclusions and Disclaimers. The warranties do not extend to any damages, malfunctions, or non-conformities caused by: (i) Customer’s use of Products in violation of the license granted under this Agreement or in a manner inconsistent with the Documentation; (ii) normal wear due to Product use, including but not limited to Product cosmetics and display scratches; (iii) use of non-Avaya furnished equipment, software, or facilities with Products (except to the extent provided in the Documentation); (iv) Customer’s failure to follow Avaya’s installation, operation or support instructions; (v) Customer’s failure to permit Avaya timely access, remote or otherwise, to Products; or (vi) failure to implement Updates provided by Avaya. Warranties do not extend to Products that have been serviced or modified by a party other than Avaya or a third party specifically authorized by Avaya to provide the service or modification. EXCEPT AS REFERENCED AND LIMITED IN THIS SECTION, NEITHER AVAYA NOR ITS LICENSORS OR SUPPLIERS MAKE ANY EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT ANY MATTER UNDER THIS AGREEMENT. AVAYA DOES NOT WARRANT UNINTERRUPTED OR ERROR FREE OPERATION OF PRODUCTS OR DELIVERABLES, THAT THE PRODUCTS AND SERVICES WILL PREVENT TOLL FRAUD, THAT SERVICES WILL DETECT ALL SECURITY THREATS AND VULNERABILITIES, OR THAT SERVICES WILL RENDER CUSTOMER’S NETWORK OR PARTICULAR NETWORK ELEMENTS SAFE FROM INTRUSIONS AND OTHER SECURITY BREACHES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AVAYA DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-NON- INFRINGEMENT. THE WARRANTY REMEDIES EXPRESSLY PROVIDED IN THIS AGREEMENT WILL BE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES.

Exclusions and Disclaimers. The warranties provided by Avaya under this Addendum do not extend to any damages, malfunctions, or non-conformities caused by: (i) Customer’s use of Products Software in violation of the license granted under this Agreement Addendum or in a manner inconsistent with the DocumentationDocumentation or this Addendum; (ii) normal wear due to Product use, including but not limited to Product cosmetics and display scratches; (iii) use of non-Avaya furnished equipment, software, or facilities with Products (except to the extent provided in the Documentation)facilities; (iviii) CustomerDistributor’s failure to follow Avaya’s 's installation, operation or support maintenance instructions; (viv) Customer’s failure to permit Avaya or its subcontractors timely access, remote or otherwise, to Productsthe Software; (v) failure to implement all updates to Software; or (vi) failure to implement Updates provided by Avaya. Warranties do not extend to Products Software that have been serviced or modified by a party other than Avaya or a third party specifically authorized by Avaya to provide the service or modificationmodification Software. Avaya is not responsible under this Addendum for any software, equipment, hardware or services that Distributor may have separately purchased apart from this Addendum or is re-using. Distributor is responsible to make sure any such software, equipment or hardware is in good working order and is compatible with the Software provided under this Addendum. This Section does not limit any warranty and/or support obligations Avaya may have elsewhere under any agreements between Avaya and Distributor. EXCEPT AS REFERENCED AND LIMITED IN THIS SECTIONSECTION 10, NEITHER AVAYA NOR ITS LICENSORS OR SUPPLIERS MAKE MAKES ANY EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT WITH REGARD TO ANY MATTER UNDER SOFTWARE OR SUPPORT SERVICES OR OTHERWISE RELATED TO THIS AGREEMENTADDENDUM. AVAYA MAKES NO WARRANTIES WITH RESPECT TO THE SUBSCRIPTION SERVICES OR THE HOSTED IP OFFICE INFRASTRUCTURE (EXCEPT FOR THE SOFTWARE WARRANTY EXPRESSLY REFERENCED AND LIMITED IN THIS SECTION10). AVAYA DOES NOT WARRANT UNINTERRUPTED OR ERROR FREE OPERATION OF PRODUCTS SOFTWARE OR DELIVERABLES, THAT THE PRODUCTS AND SOFTWARE OR SUPPORT SERVICES WILL PREVENT TOLL FRAUD, THAT SERVICES WILL DETECT ALL SECURITY THREATS AND VULNERABILITIES, OR THAT SERVICES WILL RENDER CUSTOMER’S NETWORK OR PARTICULAR NETWORK ELEMENTS SAFE FROM INTRUSIONS AND OTHER SECURITY BREACHES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AVAYA DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE WARRANTY REMEDIES EXPRESSLY PROVIDED IN THIS AGREEMENT ADDENDUM WILL BE CUSTOMERDISTRIBUTOR’S SOLE AND EXCLUSIVE REMEDIESREMEDIES AND WILL BE IN LIEU OF ANY OTHER RIGHTS OR REMEDIES DISTRIBUTOR MAY HAVE AGAINST AVAYA WITH RESPECT TO THE NON-CONFORMANCE OF SOFTWARE AND/OR SUPPORT SERVICES WITH THE WARRANTIES SET FORTH HEREIN.