Items Not Covered By Warranty. THIS WARRANTY DOES NOT COVER DAMAGE OR DEFECT CAUSED BY misuse, improper application, wrong or inadequate electrical current or connection, negligence, inappropriate on site operating conditions, repair by non-ASCO designated personnel, accident in transit, tampering, alterations, a change in location or operating use, exposure to the elements, water, or other corrosive liquids or gases, Acts of God, theft or installation contrary to ASCO's recommendations or specifications, or in any event if the ASCO serial number has been altered, defaced, or removed. THIS WARRANTY DOES NOT COVER shipping costs, installation costs, external circuit breaker resetting or maintenance or service items and further, except as may be provided herein, does NOT include labor costs or transportation charges arising from the replacement of the ASCO product or any part thereof or charges to remove or reinstall same at any premises of User. REPAIR OR REPLACEMENT OF A DEFECTIVE PRODUCT OR PART THEREOF DOES NOT EXTEND THE ORIGINAL WARRANTY PERIOD. THE PRODUCTS LISTED IN THIS WARRANTY ARE NOT FOR USE IN THE CONTROL AREA OR ANY REACTOR CONNECTED OR SAFETY APPLICATIONS OR WITHIN THE CONTAINMENT AREA OF A NUCLEAR FACILITY OR FOR INTEGRATION INTO MEDICAL DEVICES. THIS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. USER'S SOLE AND EXCLUSIVE REMEDY IS REPAIR OR REPLACEMENT OF THE ASCO PRODUCT AS SET FORTH HEREIN. IF USER'S REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE BY A COURT OF COMPETENT JURISDICTION, ASCO'S RESPONSIBILITY FOR PROPERTY LOSS OR DAMAGE SHALL NOT EXCEED THE NET PRODUCT PURCHASE PRICE. IN NO EVENT SHALL ASCO ASSUME ANY LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF DATA, WHETHER ANY CLAIM IS BASED UPON THEORIES OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHERWISE.
Items Not Covered By Warranty. 13.2.1 PSC does not warrant uninterrupted or error-free operation of any Application or Service.
13.2.2 Unless otherwise specified PSC provides Materials, non-PSC products and non-PSC Services without warranties of any kind. However, non-PSC manufacturers, developers, suppliers, or publishers may provide their own warranties to Client.
Appendix 1 Service Descriptions
Items Not Covered By Warranty. THIS WARRANTY DOES NOT COVER DAMAGE OR DEFECT CAUSED BY misuse, improper application, wrong or inadequate electrical current or connection, negligence, inappropriate on site operating conditions, repair by non-Avtron designated personnel, accident in transit, tampering, alterations, a change in location or operating use, exposure to the elements, water, or other corrosive liquids or gases, Acts of God, theft, installation and/or deployment contrary to ASCO's recommendations or specifications, or in any event if the Avtron serial number has been altered, defaced, or removed.
Items Not Covered By Warranty. THIS WARRANTY DOES NOT APPLY: (A) TO DAMAGE CAUSED BY USE OF THIS PRODUCT WITH PRODUCTS THAT ARE NOT COMPATIBLE WITH THIS PRODUCT; (B) TO DAMAGE CAUSED BY USE OF THIS PRODUCT WITH ANY PERIPHERAL(S) THAT ZEISS DOES NOT LICENSE OR SELL, INCLUDING NON- LICENSED ENHANCEMENT DEVICES, CONTROLLERS, ADAPTORS AND POWER SUPPLY DEVICES; (C) IF THIS PRODUCT IS MODIFIED TO ALTER CAPABILITY OR FUNCTIONALITY WITHOUT ZEISS’S WRITTEN PERMISSION;
Items Not Covered By Warranty. THIS WARRANTY DOES NOT COVER DAMAGE OR DEFECT CAUSED BY misuse, improper application, wrong or inadequate electrical current or connection, negligence, inappropriate on site operating conditions, repair by non-ASCO designated personnel, accident in transit, tampering, alterations, a change in location or operating use, exposure to the elements, water, or other corrosive liquids or gases, Acts of God, theft or installation contrary to ASCO's recommendations or specifications, or in any event if the ASCO serial number has been altered, defaced, or removed. Notwithstanding the foregoing, the following Acts of God are covered: lighting-induced surges, which are transients, spikes or other sub-cycle discontinuous events impinging on normally applied voltage as defined by reference data in the latest version of IEEE C26.41 and the ASCO product performance specifications.
Items Not Covered By Warranty. THIS WARRANTY DOES NOT COVER DAMAGE OR DEFECT CAUSED BY misuse, failure to recharge batteries, improper application, wrong or inadequate electrical current or connection, negligence, inappropriate on-site operating conditions, corrosive atmosphere, repair by non- Liebert designated personnel, accident in transit, tampering, alterations, exposure to the elements, Acts of God, theft, installation contrary to Liebert's recommendations, or in any event if the Liebert serial number has been altered, defaced, or removed.
Items Not Covered By Warranty. THIS WARRANTY DOES NOT COVER DAMAGE OR DEFECT CAUSED BY misuse, improper application, wrong or inadequate electrical current or connection, negligence, inappropriate on site operating conditions, corrosive atmosphere, repair by non-ENPSPI designated personnel, accident in transit, tampering, alterations, a change in location or operating use, exposure to the elements, Acts of God, theft or installation contrary to ENPSPI's recommendations or specifications, or in any event if the ENPSPI serial number has been altered, defaced or removed. Notwithstanding the foregoing, the following Acts of God are covered: lightning-induced surges, which are transients, spikes or other sub-cycle, discontinuous events impinging on normally applied voltage as defined by reference data in the latest version of IEEE C62.41 and the ENPSPI product performance specifications.
Items Not Covered By Warranty. Wink's warranty shall not extend to problems in the Licensed WAS Technology that result from: (i) Toshiba's failure to implement any Updates provided by Wink; (ii) changes to the operating system or environment or Toshiba Broadcast Server Product or other non-Wink products which adversely affect the Licensed WAS Technology; (iii) any alterations of or additions to the Licensed WAS Technology or other non-Wink products performed by parties other than Wink; (iv) use of the Licensed WAS Technology in a manner inconsistent with the Specifications or in a manner for which it was not intended; (v) combination of the Licensed WAS Technology with other products not supplied by Wink (unless such products are specifically identified in the Specifications as compatible with the Licensed WAS Technology) and are tested and confined in writing as compatible by Wink in the configuration and conditions deployed by Toshiba which problems do not affect the Licensed WAS Technology standing alone; or (vi) operation of the Licensed WAS Technology outside of environmental specifications; unless, with respect to items (ii), (iii), (v) and (vi), Wink was given the opportunity and time to test such products or changes for compatibility and Wink provided Toshiba written confirmation of compatibility.
Items Not Covered By Warranty. Wink's warranty shall not extend to problems in the Licensed Engine Product that result from: (i) Toshiba's failure to implement any Updates to any Wink product which are provided by Wink; (ii) changes to the Toshiba Components, the Toshiba-owned code that works with the Licensed Engine Product (as listed in Section 2 of Exhibit D), or other non-Wink products which adversely affect the Licensed Engine Product; (iii) any alterations of or additions to the Licensed Engine Product or other Wink products performed by parties other than Wink; (iv) use of the Licensed Engine Product in a manner inconsistent with the Specifications or in a manner for which it was not intended; (v) combination of the Licensed Engine Product with other products not supplied by Wink (unless such products, including but not limited to Toshiba server products, are specifically identified in the Specifications as compatible with the Licensed Engine Product and are tested and confirmed in writing as compatible by Wink in the configuration and conditions deployed by Toshiba) which problems do not affect the Licensed Engine Product standing alone; or (vi) operation of the Licensed Engine Product outside of environmental specifications; unless, with respect to items (ii), (iii), (v) and (vi), Wink was given the opportunity and time to test such products or changes for compatibility and Wink provided Toshiba written confirmation of compatibility. For the purposes of Subsection (v) above, the Toshiba servers which shall be tested for compatibility are those described in Exhibit B of the Wink Application Server License Agreement and Exhibit B of the Wink Online Server for InterText License Agreement.
Items Not Covered By Warranty. IBM does not warrant uninterrupted or error-free operation of any deliverable or Service or that IBM will correct all defects. Unless IBM specifies otherwise, it provides Materials and non-IBM Services without warranties of any kind. However, non-IBM suppliers may provide their own warranties to you.
