GENERAL LIMITED WARRANTY. Innovyze warrants that the licensed materials furnished by it will be free from defects in materials and workmanship under normal use. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, INNOVYZE MAKES AND YOU RECEIVE NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICA TION WITH YOU, AND INNOVYZE SPECIFICALLY DISCLAIMS ANY OTHER WARRA NTY INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILI TY OR FITNESS FOR A PARTICULAR PURPOSE. INNOVYZE DOES NO T WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUP XXX OR ERROR FREE, NOR DOES INNOVYZE WARRANT THAT THE RESULTS GENERATED BY THE CURRENT VERSION WILL BE IDENTICAL TO THOSE OF A PREVIOUS VERSION OF THE SOFTWA RE. The above exclusions may not apply to you as some jurisdictions do not allow the exclusion of implied warranties. In addition to the above warranty rights, you may also have other rights, which vary from jurisdiction to jurisdiction. Innovyze’s entire liability and your exclusive remedy under the warranties made in this Agreement will be, at Innovyze’s option, to attempt to correct or work around errors, to replace the defective media; documentation or copy protection device; or to refund the license fee and terminate this license. This remedy is subject to the return of the defective media, documentation, or copy protection device with a copy of your receipt to your place of purchase within thirty (30) days from the date of its delivery to you. Following expiration of this thirty (30)-day period, Innovyze will replace any defective or damaged copy protection device in return for payment of an amount that covers the cos t of a replacement device plus a fee for handling and shipment.
Appears in 1 contract
Samples: License Agreement
GENERAL LIMITED WARRANTY. Innovyze XP Solutions warrants that the licensed materials furnished by it will use its best efforts to ensure that any xpertcare Maintenance and Technical Support Services provided will be free from defects performed in materials a professional manner provided that you have not altered any portion of the Software; that the Software is operated with the software, hardware and workmanship under normal useany other computer equipment necessary to operate the software. Warranties relating to the use of the Software and any relevant Software upgrades and/or patches associated with this Subscription are limited to those set forth in the relevant License Agreement. This warranty does not expand or extend the limited warranties contained within the relevant License Agreement. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, INNOVYZE XP SOLUTIONS MAKES AND YOU RECEIVE NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICA TION COMMUNICATION WITH YOU, AND INNOVYZE XP SOLUTIONS SPECIFICALLY DISCLAIMS ANY OTHER WARRA NTY WARRANTY INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILI TY MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. INNOVYZE XP SOLUTIONS DOES NO T NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUP XXX UNINTERRUPTED OR ERROR FREE, NOR DOES INNOVYZE XP SOLUTIONS WARRANT THAT THE RESULTS GENERATED BY THE CURRENT VERSION WILL BE IDENTICAL TO THOSE OF A PREVIOUS VERSION OF THE SOFTWA RESOFTWARE. The above exclusions may not apply to you as some jurisdictions do not allow the exclusion of implied warranties. In addition to the above warranty rightsabove, you may also have other r warranty rights, which vary from jurisdiction to jurisdictionacross jurisdictions. Innovyze’s XP Solutions's entire liability and your exclusive remedy under the warranties made in this Agreement will be, be at InnovyzeXP Solutions’s option, to attempt to correct or work around errors, to replace provide a pro rata refund of the defective media; documentation or copy protection device; or to refund xpertcare Maintenance Subscription Fee calculated as of the license fee and terminate this licensedate of termination. This remedy is subject to the return of the defective mediaCertificate and any Software, documentation, or documentation and copy protection device with a copy sent to you during the term of your receipt to your place of purchase within thirty (30) days from the date of its delivery to you. Following expiration of this thirty (30)-day period, Innovyze will replace any defective or damaged copy protection device in return for payment of an amount that covers the cos t of a replacement device plus a fee for handling and shipmentcurrent Subscription.
Appears in 1 contract
Samples: Agreement
GENERAL LIMITED WARRANTY. Innovyze XP Solutions warrants that the licensed materials furnished by it will be free from defects in materials and workmanship under unde r normal use. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, INNOVYZE XP SOLUTIONS MAKES AND YOU RECEIVE NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICA TION WITH YOU, AND INNOVYZE XP SOLUTIONS SPECIFICALLY DISCLAIMS ANY OTHER WARRA NTY INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILI TY OR FITNESS FOR A PARTICULAR PURPOSE. INNOVYZE XP SOLUTIONS DOES NO T WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUP XXX OR ERROR FREE, NOR DOES INNOVYZE WARRANT XP SOLUTIONS WARRA NT THAT THE RESULTS GENERATED BY THE CURRENT VERSION WILL BE IDENTICAL TO THOSE OF A PREVIOUS VERSION OF THE SOFTWA RE. The above exclusions may not apply to you as some jurisdictions do not allow the exclusion of implied warranties. In addition to the above warranty rights, you may also have other rights, which vary from jurisdiction to jurisdiction. Innovyze’s XP Solutions’ entire liability lia bility and your exclusive remedy under the warranties made in this Agreement will be, at Innovyze’s XP Solutions’ option, to attempt to correct or work around aroun d errors, to replace the defective media; documentation or copy protection device; or to refund the license fee and terminate this t his license. This remedy is subject to the return of the defective media, documentation, or copy protection device with a copy of your receipt rec eipt to your place of purchase within thirty (30) days from the date of its delivery to you. Following expiration of this thirty (30)-day 3 0)-day period, Innovyze XP Solutions will replace any defective or damaged copy protection device in return for payment of an amount that covers the cos t of a replacement device plus a fee for handling and shipment.
Appears in 1 contract
Samples: License Agreement
GENERAL LIMITED WARRANTY. Innovyze XP Solutions warrants that the licensed materials furnished by it will be free from defects in materials and workmanship under normal use. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, INNOVYZE XP SOLUTIONS MAKES AND YOU RECEIVE NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICA TION COMMUNICATION WITH YOU, AND INNOVYZE XP SOLUTIONS SPECIFICALLY DISCLAIMS ANY OTHER WARRA NTY WARRANTY INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILI TY MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. INNOVYZE XP SOLUTIONS DOES NO T NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUP XXX UNINTERRUPTED OR ERROR FREE, NOR DOES INNOVYZE XP SOLUTIONS WARRANT THAT THE RESULTS GENERATED BY THE CURRENT VERSION WILL BE IDENTICAL TO THOSE OF A PREVIOUS VERSION OF THE SOFTWA RESOFTWARE. The above exclusions may not apply to you as some jurisdictions do not allow the exclusion of implied warranties. In addition to the above warranty rights, you may also have other rights, which vary from jurisdiction to jurisdiction. Innovyze’s XP Solutions’ entire liability and your exclusive remedy under the warranties made in this Agreement will be, at Innovyze’s XP Solutions’ option, to attempt to correct or work around errors, to replace the defective media; documentation or copy protection device; or to refund the license fee and terminate this license. This remedy is subject to the return of the defective media, documentation, or copy protection device with a copy of your receipt to your place of purchase within thirty (30) days from the date of its delivery to you. Following expiration of this thirty (30)-day period, Innovyze XP Solutions will replace any defective or damaged copy protection device in return for payment of an amount that covers the cos t cost of a replacement device plus a fee for handling and shipment.
Appears in 1 contract
Samples: License Agreement