Common use of Extent of Warranty Clause in Contracts

Extent of Warranty. The warranty stated above will not apply to the extent that there has been misuse, accident, modification, unsuitable physical or operating environment, operation in other than the Specified Operating Environment, improper maintenance by Customer or a third party, or failure or damage caused by a product for which IBM is not responsible. THIS WARRANTY IS CUSTOMER’S EXCLUSIVE WARRANTY AND REPLACES ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. IBM does not warrant uninterrupted or error-free operation of a Program or that IBM will correct all defects. IBM will identify ICA Programs that it does not warrant. Unless otherwise specified in an Attachment or Transaction Document, IBM provides non-IBM Programs WITHOUT WARRANTIES OF ANY KIND. However, non-IBM developers, suppliers, or publishers may provide their own warranties to Customer. Warranties, if any, for Other IBM Programs and Non-IBM Programs may be found in their license agreements.

Extent of Warranty. The warranty stated above will not apply to the extent that there has been misuse, accident, modification, unsuitable physical or operating environment, operation in other than the Specified Operating Environment, improper maintenance by Customer or a third party, or failure or damage caused by a product for which IBM is not responsible. THIS WARRANTY IS CUSTOMER’S EXCLUSIVE WARRANTY AND REPLACES ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. IBM does not warrant uninterrupted or error-free operation of a Program or that IBM will correct all defects. IBM will identify ICA Programs that it does not warrant. Unless otherwise specified in an Attachment or Transaction Document, IBM provides non-IBM Programs WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. However, non-IBM developers, suppliers, or publishers may provide their own warranties to Customer. Warranties, if any, for Other IBM Programs and Non-IBM Programs may be found in their license agreements.