Limitation on Warranty. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 5, GUROBI SHALL HAVE NO LIABILITY FOR THE PRODUCT(S), FOR NEGLIGENCE; GUROBI MAKES AND YOU RECEIVE NO WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR ANY OTHER COMMUNICATION; AND GUROBI SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation on Warranty. GUROBI SHALL HAVE NO LIABILITY FOR NEGLIGENCE. IN ADDITION, GUROBI MAKES AND YOU RECEIVE NO WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, AND GUROBI SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation on Warranty. 10.01 The Commonwealth is considered to be the owner of the oil and gas rights under the leased premises but makes no warranty as to the presence of oil and gas, nor as to its ownership thereof. In the event it is determined by compromise or by a final judgment of a court of competent jurisdiction that the Commonwealth does not have title to all or part of the oil and gas rights on the lands hereby leased, the royalties thereafter accruing from any part as to which this lease covers less than the full interest in such oil and gas rights, shall thereafter be paid only in the portion which the interest therein, if any, covered by this lease bears to the whole and undivided fee simple estate therein; but any sums of money previously paid pursuant to the terms of the lease shall not be reimbursable to Xxxxxx, except as hereinafter provided in this paragraph. In the event of an adverse claim to the premises affecting title to all or a portion of the oil and gas rights under the leased premises, notice of such claim will be given to Department which may, with the approval of the Attorney General, enter into an escrow arrangement for future royalties accruing to such disputed portion under terms and conditions that he feels proper to safeguard the rights and interests of the Commonwealth. In the event an adverse claimant files suit against the Commonwealth or against Xxxxxx claiming title to all or a portion of the oil and gas rights under the leased premises, or if the Lessee, after receiving notice of an adverse claim, institutes litigation in a court of competent jurisdiction to secure an adjudication of the validity of the claim, the royalties accruing to the litigated portion shall be placed in an escrow account until such time as the ownership of the disputed interest shall be determined by a court of competent jurisdiction. The royalties placed in escrow shall be refunded at the direction of the court in an amount proportionate to the outstanding title if it is finally determined by compromise or by a court of competent jurisdiction that all or part of such rights are not owned by the Commonwealth.
10.02 This proportionate reduction clause shall not apply to and shall not reduce the bonus payments or rents payable under this lease.
Limitation on Warranty. (1) Cybozu hereby warrants that the Software shall operate materially in accordance with the manual, subject to the condition that the Customer purchased legal and effective license from an official partner approved by Cybozu and that the Software is used under the environment, including but not limited to operating systems, hardware structures and network environment, recommended by Cybozu; provided that the warranty by Cybozu hereunder shall not cover any defects, problems and/or inconsistency with the function described in the manual; arising from (i) any program made to change or modify the Software, except for those officially provided by Cybozu to apply to the Software, (ii) any program or software provided by Cybozu before the Software is officially released such as trial version, evaluation version, and early release version, regardless of the names such as “beta version,” “RC version,” and “operation review version,” arising from the environment to use the Software including the operating system, hardware structure, and network environment, arising from any change or modification made by or through intention of the Customer, or not arising from the Software.
(2) Any claim by the Customer based on the warranty under the subsection (1) above must be made within sixty (60) days, or the shortest period allowed under the applicable law if such period is more than 60 days, from the day when the Customer obtained the License Key of the Software and must be accompanied with the appropriate document to certify that the Customer purchased The License of the Software and the date the Customer obtained the License Key.
(3) The remedy of the Customer for the claim based on this section 5 shall be, at Cybozu’s choice, either of replacement or repair of the Software or return of the payment, except for which Cybozu and/or any affiliate thereof shall take no responsibility. The “replacement or repair of the Software” shall include provision of any “fix program” or “upgrade software” of the Software and in the case Cybozu offer fix program or upgrade software of the Software to the Customer, Cybozu shall be deemed to have performed the duty under this section 5 whether the Customer introduce such “fix program” or “upgrade software” or not.
Limitation on Warranty. WITH THE EXCEPTION OF EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT, LST PROVIDES THE LICENSED CVICONNECT PLATFORM “AS IS,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED AND LST DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation on Warranty. BUYER HEREBY ACKNOWLEDGES AND AGREES THAT SELLER HAS AGREED TO PROVIDE THE TRANSITION SERVICES HEREUNDER SOLELY AS AN ACCOMMODATION TO BUYER AND THAT SUCH TRANSITION SERVICES ARE PROVIDED ON THE BASIS AND IN THE MANNER PROVIDED IN THIS AGREEMENT, INCLUDING ON AN “AS IS” AND “WITH ALL FAULTS” BASIS, SUCH THAT, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER SELLER NOR ITS AFFILIATES MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AT LAW OR IN EQUITY WITH RESPECT TO THE TRANSITION SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR USE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, TIMELINESS, COMPLETENESS OR THE RESULTS TO BE OBTAINED FROM SUCH TRANSITION SERVICES, AND SELLER AND ITS AFFILIATES HEREBY DISCLAIM THE SAME. NEITHER SELLER NOR ANY OF ITS AFFILIATES GUARANTEES OR WARRANTS THE CORRECTNESS, COMPLETENESS, CURRENTNESS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY DATA PROVIDED TO BUYER OR ANY OF ITS AFFILIATES.
Limitation on Warranty. Neither party makes any warranty regarding the quality of their goods and services. Neither party makes any warranty that all errors or failures in their respective sites will be corrected. The parties expressly disclaim all warranties of merchantability or fitness for a particular purpose. Beyond the warranties contained in this paragraph, the parties do not warrant that their sites are error-free or that operation of their sites will be secure or uninterrupted.
Limitation on Warranty. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN AND EXCEPT FOR WARRANTY OF TITLE, NEITHER PARTY MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED TO THE OTHER WITH RESPECT TO ITS PRODUCTS. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THERE ARE NO WARRANTIES OR ANY AFFIRMATIONS OF FACT OR PROMISES BY EITHER PARTY HERETO AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, INFRINGEMENT OR OTHERWISE. USE OF SUCH PRODUCTS CONSTITUTES THE CONSENT OF THE OTHER PARTY HERETO TO ASSUME ALL RISKS OF SUCH USE AND TO HOLD THE OTHER HARMLESS FOR ANY DAMAGES OR CLAIM OF DAMAGES ARISING IN ANY MANNER FROM SUCH USE. THE EMPLOYEES OR AGENTS OF NEITHER PARTY HAVE ANY AUTHORITY TO MAKE ANY WARRANTY OR REPRESENTATION REGARDING THE MANNER OR BENEFITS OF USE OF ANY PRODUCT OTHER THAN THOSE EXPRESSLY SET FORTH IN THE SPECIFICATION FOR SUCH PRODUCT.
Limitation on Warranty. EXCEPT AS EXPRESSLY STATED HEREIN, FRESENIUS AND TRANSMEDICS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE.
Limitation on Warranty. Gurobi shall have no liability for negligence. In addition, except for the warranties set forth in this XXXX, Xxxxxx makes and You receive no warranties, express, implied, or statutory, and Gurobi specifically disclaims any warranty of merchantability or fitness for a particular purpose.
