Legal Warranty. This Limited Warranty is given additionally to the customer’s rights and guarantees (to the extent applicable) that cannot be waived under applicable English law (including, but not limited to, those rights that cannot be waived under the Unfair Contract Terms Act 1977, the Sale of Goods Act 1979, the Consumer Protection Act 1987, the Unfair Terms in Consumer Contracts Regulations 1999 and the Unfair Trading Regulations 2008).
Legal Warranty. KISSsoft AG warrants to the Licensee that all Software provided to the Licensee by KISSsoft AG under this Agreement and other agreements is free of any rights of third parties and/or that the rights required for provision of the Software to the Licensee as specified in these License Provisions have been obtained.
Legal Warranty. Supplier warrants that it shall comply with all Applicable Laws in its performance of the Services.
Legal Warranty. Customer shall use the Services in compliance with all Applicable Laws. Customer acknowledges that the Subscription Services has functionality to enable Customer’s compliance with certain laws (for example accessibility, data protection, hiring, and artificial intelligence) however Customer is responsible for using such functionality in compliance with Applicable Laws.
Legal Warranty. 23.1. XOVIS represents and warrants that it has all necessary rights and full authority to enter into Customer’s Subscription and to provide the Cloud Services without vi- olating or infringing any third party intellectual property rights.
23.2. Should a third party claim that its intellectual property rights are infringed through the use of the Cloud Services, XOVIS shall, at its own expense, defend or settle any suit or proceeding that is instituted against Customer and shall pay all reasonable costs awarded therein against Customer or agreed upon in settlement by XOVIS; provided that Customer (a) gives XOVIS immediate notice in writing of any such suit, proceeding or threat thereof, (b) permits XOVIS sole control to defend and/or settle such suit and
Legal Warranty. 13.1. Octopus Cloud represents and warrants that it has all necessary rights and full authority to enter into Customer’s Subscription and to perform its obligations under such arrangements without violating or infringing any third party intellectual property rights.
13.2. Should a third party claim that its intellectual property rights are infringed through the OC Product, Octopus Cloud shall, at its own expense, defend or settle any suit or proceeding that is instituted against Customer shall pay all reasonable costs awarded therein against Customer or agreed upon in settlement by Octopus Cloud; provided that Customer (i) gives Octopus Cloud immediate notice in writing of any such suit, proceeding or threat thereof, (ii) permits Octopus Cloud sole control, through counsel of Octopus Cloud’s choice, to defend and/or settle such suit and (iii) gives Octopus Cloud all the needed information, assistance and authority, at Octopus Cloud’s expense, to enable Octopus Cloud to defend or settle such suit.
13.3. The above provision shall not apply to and Octopus Cloud shall have no liability or obligation for any infringement arising from: (i) any modification, servicing or addition made to the OC Product by anyone other than Octopus Cloud or any of its Affiliates, Distribution Partners, employees, subcontractors, resellers, agents and/or other authorized third parties, (ii) the use of the OC Product as a part of or in combination with any devices, parts or software not provided by Octopus Cloud in its Documentation, (iii) the use of such OC Product to practice any method or process which does not occur wholly within the OC Product; (iv) the use of other releases than the most current version of the OC Product; and (v) any use of the OC Product outside the limited scope of Customer’s Subscription. The above exclusions apply to the extent that the infringement would have been avoided if Customer would not have acted in any manner as specified in subsections (i) to (v) above.
13.4. In the event that the use of the OC Product subscribed to by the Customer becomes enjoined or, in Octopus Cloud’s reasonable opinion is likely to become, the subject of a claim that it infringes the intellectual property rights of any third party, or in the event Octopus Cloud wishes to minimize its potential liability hereunder, Octopus Cloud may at its sole option and expense, either: (i) procure the right for the Customer to continue using the OC Product, (ii) replace or modify the OC Pr...
Legal Warranty. 10.1. The warranty begins with the date of invoice.
10.2. The commissioning of the boiler must be performed by a HARGASSNER technician or a professional with Hargassner Commissioning Certificate for the adequate product series. If this does not occur, the warranty claim is invalidated.
10.3. HARGASSNER is only liable for those parts of the goods that have obtained from subcontractors within the scope of warranty claims that Hargassner owes to the subcontractors.
10.4. In case of another defect, even the product is installed correctly according to the installation manual and used according to the operation manual - HARGASSNER provides warranty.
10.5. Proper documents for the product specification and correct operation are operation manual, installation manual and/or operation conditions on-site and also maintenance and service manual as well as legal conditions.
10.6. HARGASSNER shall be released from this obligation if the damage has not been communicated in writing to HARGASSNER by a certified HARGASSNER service partner within 5 days after the defect has been identified.
10.7. HARGASSNER warrants the delivered goods, provided that they are used according to the intended purpose (maximum 2,500 full load hours per year) and are not agreed otherwise separately. Towards users the legal provisions shall apply. Exceptions to this are damages caused by force majeure, improper transport or storage, operating errors, missing energy, water deficiencies, etc.
10.8. From the warranty excluded are parts which are subject to natural wear, such as sealings, suspension baffles, refractory, grates, stuffing boxes, etc. as well as operating materials. Normal, natural wear and tear of fire-resistant linings that do not cause any malfunctions, such as low surface or edge removal, cracking, etc. preclude any claim of warranty.
10.9. In case of warranty - HARGASSNER will perform one of the following steps: (on its own expense)
10.9.1. repair the goods,
10.9.2. exchange the goods,
10.9.3. or take back the goods and reimburse.
10.10. HARGASSNER reserves the right to choose the respective warranty. If HARGASSNER fails to meet warranty obligations within reasonable time, customer has the right to a reasonable price reduction or to withdraw from the contract. Activities started by HARGASSNER due to unjustified notifications of defect are considered purchase orders, and customers have the obligation to pay for the services rendered thereunder. A claim for compensation for installati...
Legal Warranty. 11.1. Parmenides Stiftung, Poecking, is the owner of the copyrights and all other protected rights to the License material. Licensor is entitled to grant the Licensee this license in accordance with the terms and conditions of this agreement. Licensor refers to the Third-Party Acknowledgements, Permissions, Notices and Disclaimers installed on the License material.
11.2. If, contrary to expectations, claims are made on the grounds of alleged breach of protected rights, the Licensee is obligated to immediately notify Licensor. If the Licensee fails to meet its obligation to issue immediate notification, any liability, and any obligation on the part of Licensor shall immediately lapse.
11.3. Licensor is entitled to carry out modifications to the License material, or arrange for these to be carried out, at its own costs to avoid breaches of protected rights. Insofar as these measures are unsuccessful, each of the two parties is entitled to withdraw from the agreement. In such an event the Licensee is entitled to reimbursement of the consideration paid for the License material, less depreciation for the period of use in accordance with trade law.
11.4. Licensor shall not be liable nor have any obligations whatsoever if a claim under protected rights is based on the fact that the License material has been modified by the Licensee or by a third party engaged by the Licensee or the fact that the License material has been used under conditions of use other than those specified.
11.5. Where permitted in law any further liability on the part of Licensor is excluded.
Legal Warranty. 13.1. Octopus Cloud represents and warrants that it has all necessary rights and full authority to enter into Customer’s Subscription and to perform its obligations under such arrangements without violating or infringing any third party intellectual property rights.
13.2. Should a third party claim that its intellectual property rights are infringed through the OC Product, Octopus Cloud shall, at its own expense, defend or settle any suit or proceeding that is instituted against Customer shall pay all reasonable costs awarded therein against Customer or agreed upon in settlement by Octopus Cloud; provided that Customer (i) gives Octopus Cloud immediate notice in writing of any such suit, proceeding or threat thereof,
Legal Warranty. 25.1. Navus represents and warrants that it has all necessary rights and full authority to enter into Customer’s Subscription and to provide the Platform Services without violating or infringing any third party intellectual property rights.
25.2. Should a third party claim that its intellectual property rights are infringed through the use of the Platform Services, Navus shall, at its own expense, defend or settle any suit or proceeding that is instituted against Customer and shall pay all reasonable costs awarded therein against Customer or agreed upon in settlement by Xxxxx; provided that Customer (a) gives Navus immediate notice in writing of any such suit, proceeding or threat thereof; (b) permits Navus sole control to defend and/or settle such suit; and (c) gives Xxxxx all the needed information, assistance and authority, at Navus’ expense, to enable Xxxxx to defend or settle such suit.
25.3. The above provision shall not apply and Navus shall have no liability or indemnification or other obligation with regard to any infringement arising from (a) any modification, servicing or addition made to the Platform Services by anyone other than Navus or third parties authorized to do so; (b) any use of the Platform Services not in compliance with these GTCs and Customer’s Subscription or if the Platform Services are being used for purposes it has not been designed for; (c) changes to the Platform Services made by Navus at the direction of the Customer; and/or (d) Customer Data. The above exclusions apply to the extent that the infringement would have been avoided if Customer or End Users would not have acted in any manner as specified above.
25.4. In the event that the use of the Platform Services subscribed to by the Customer becomes enjoined or, in Navus’ reasonable opinion is likely to become, the subject of a claim that it infringes the intellectual property rights of any third party, or in the event Navus wishes to minimize its potential liability hereunder, Navus may at its sole option and expense, either: (a) procure the right for the Customer to continue using the Platform Services, (b) replace or modify the Platform Services or any part thereof such that it becomes non-infringing, or (c) terminate Customer’s rights and obligations with respect to the allegedly infringing part of the Platform Services and refund to Customer the amount which Customer has paid for such part of the solution.
