Limitation and Disclaimer of Warranties. Warrantor expressly limits the duration of all express and implied warranties of merchantability and all implied warranties of fitness for a particular purpose except in those states that do not allow this exclusion. Warrantor expressly disclaims all implied warranties of merchantability or fitness for a particular purpose after expiration of the warranty period. No action to enforce express or implied warranties shall be commenced later than (90) ninety days after expiration of the warranty period. There is no warranty of any nature made by the warrantor beyond that contained in the Warranty. No person has authority to enlarge, amend or modify this Warranty except by the Warrantor.
Limitation and Disclaimer of Warranties. NEITHER AT&T NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT THE AT&T SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR MAKES ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE AT&T SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES (IF ANY) THAT ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS SERVICE AGREEMENT, ALL SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED.
Limitation and Disclaimer of Warranties. THE WARRANTIES, OBLIGATIONS, AND LIABILITIES OF APPX AND THE RIGHTS AND REMEDIES OF CUSTOMER SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE. APPX DISCLAIMS ALL OTHER WARRANTIES CONDITIONS, OBLIGATIONS, AND LIABILITIES, EXPRESS OR IMPLIED, BY APPX, ITS OWNERS, OFFICERS, OR EMPLOYEES ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE AUTHORIZED SOFTWARE OR OTHER TANGIBLE OR INTANGIBLE GOODS OR SERVICES PROVIDED PURSUANT TO THIS AGREEMENT. FURTHER, CUSTOMER HEREBY WAIVES AND RELEASES ANY OTHER OBLIGATIONS, CONDITIONS, RIGHTS AND WARRANTIES, EXPRESS OR IMPLIED, BY OR AGAINST APPX, ITS OWNERS, OFFICERS, OR EMPLOYEES, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE AUTHORIZED SOFTWARE OR OTHER TANGIBLE OR INTANGIBLE ITEMS OR SERVICES PROVIDED UNDER THIS AGREEMENT. WARRANTIES, CONDITIONS AND OBLIGATIONS THAT APPX DISCLAIMS AND THAT CUSTOMER RELEASES AND WAIVES INCLUDE, BUT ARE NOT LIMITED TO:
a) Any implied warranty of merchantability or fitness for a specific purpose;
b) Any implied warranty arising from course of performance, course of dealing, or usage of trade; and
c) Any obligation, liability, right, claim, or remedy, whether in tort, contract, or otherwise, and whether for incidental, indirect, special, or consequential damages (including, but not limited to, loss of use, revenue, profit, or data).
Limitation and Disclaimer of Warranties. Company warrants that the Licensed Program, when properly used, will operate in all material respects in conformity with the Documentation. In the event of a non-conforming Licensed Program, Company may remove any and all errors at its choice by correction, workaround or redelivery. If after sixty (60) days from notice by Licensee of the non-conformity received within the Warranty Period, Company has not provided a conforming Licensed Program, Your sole remedies and your only warranty rights shall be the reduction of the paid remuneration or withdrawal from the contract with a refund of the License Charge paid for the affected Licensed Program. In case of breach by Company of the Licensed Program warranty, You agree to promptly notify Company in writing of same and to provide a copy of the Licensed Program, details of the non-conforming element(s) of the Licensed Program and a description of the incidents that You encounter when using the Licensed Program. The foregoing warranty will not apply to the extent that the breach of warranty or Licensed Program defect is not brought to the attention of Company during the applicable warranty period or arises as a result of (i) failure to properly install or use the Licensed Program in accordance with its Documentation, (ii) modification of the Licensed Program other than by Company and/or its licensors, (iii) failure to promptly install any update to the Licensed Program provided by or on behalf of Company that would have eliminated the defect or (iv) the combination of the Licensed Program with other items not provided by Company, its suppliers, or licensors, but only if the breach would not have occurred from use of the Licensed Program alone. You acknowledge that (i) the Licensed Program may not satisfy all of Your requirements and (ii) use of the Licensed Program may not be uninterrupted or error free. You further acknowledge that (i) the License Charge and other fees under this Agreement are based on the limited warranty, disclaimers and limitations of liability specified in this Agreement and (ii) such fees and other charges would be substantially higher if any of these provisions were unenforceable.
Limitation and Disclaimer of Warranties. THIS LIMITED WARRANTY IS IN PLACE OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR IMPLIED WARRANTY OF FITNESS. ANY WARRANTY THAT IS FOUND TO ARISE BY WAY OF STATE OR FEDERAL LAW, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR IMPLIED WARRANTIES OF FITNESS, IS LIMITED TO AND DOES NOT EXTEND BEYOND THE SCOPE AND DURATION OF COVERAGE AS SET FORTH IN THIS LIMITED WARRANTY.
Limitation and Disclaimer of Warranties. CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICES AND EQUIPMENT IS AT CUSTOMER’S SOLE RISK. NEITHER CELLC NOR ANY OF ITS LICENSORS, EMPLOYEES, SUPPLIERS OR AGENTS MAKES ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES. THE ENTIRE RISK OF THE QUALITY OF THE SERVICES IS BORNE BY CUSTOMER. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR WARRANTIES THAT THE SERVICES ARE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. ALL SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED. ANY WARRANTIES FOR EQUIPMANT SHALL BE MADE BY AND COME FROM THE MANURACTURER OF THE EQUIPMANT. CELLC DOES NOT OFFER NOR GRANT ANY WARRANTY FOR EQUIPMENT.
Limitation and Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IPEVO LIMITS THE DURATION OF ANY APPLICABLE IMPLIED WARRANTIES OR CONDITIONS TO THE DURATION OF THIS LIMITED WARRANTY AS SET FORTH IN SECTION 1. THE FOREGOING LIMITATION MAY NOT APPLY TO YOU AS SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS FOR. EXCEPT FOR THE LIMITED WARRANTY STATED IN THIS DOCUMENT AND ANY IMPLIED WARRANTIES (TO THE EXTENT THAT IT APPLIES TO THIS LIMITED WARRANTY), IPEVO DOES NOT MAKE ANY OTHER AND DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT AND IPEVO ACCESSORIES, INCLUDING EXPRESS AND STATUTORY WARRANTIES AND CONDITIONS. IN PARTICULAR, IPEVO DOES NOT MAKE ANY WARRANTY OR CLAIM THAT THE PRODUCT OR THE IPEVO ACCESSORIES WILL BE AVAILABLE; FUNCTION PROPERLY; PROVIDE RELIABLE OR ACCURATE INFORMATION; PROVIDE SAFETY, PRIVACY, OR SECURITY; OR PREVENT OR MINIMIZE THEFT, PROPERTY DAMAGE, OR INJURY.
Limitation and Disclaimer of Warranties a. Convoy provides the Services described in this Agreement on an “as is” and “as available” basis. Convoy does not warrant in any form the results or achievements of the Services provided under this Agreement. Convoy does not warrant that Job Postings will be uninterrupted or error-free or that any defects in Convoy’s Services described in this Agreement will be corrected. Convoy only warrants that its Services will be performed by qualified personnel in a professional and workmanlike manner in accordance with the generally accepted industry standards and practices.
b. The warranty set forth in this section is exclusive and is in lieu of all other warranties, express, implied, statutory, or otherwise with respect to the Services, work product or deliverables provided under this Agreement, or as to the results which may be obtained therefrom. Convoy disclaims any and all implied warranties including, but not limited to, the warranties of merchantability, fitness for a particular purpose, or against infringement. Convoy shall not be liable for any Services or work product or deliverables provided by Third Party vendors identified or referred to the User Agency by Convoy during the term of this Agreement. User Agency’s exclusive remedy for breach of this warranty is reperformance of the Services, or if reperformance is not possible or conforming, refund of amounts paid under this Agreement for such non-conforming Services.
Limitation and Disclaimer of Warranties. NEITHER BELLSOUTH NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES BELLSOUTH OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. UNLESS EXPRESSLY STATED TO THE CONTRARY HEREIN, THE SERVICE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES (IF ANY) WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT, ALL SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED.
Limitation and Disclaimer of Warranties
