Common use of Limitations and Exclusions Clause in Contracts

Limitations and Exclusions. Unless otherwise agreed to in writing by NetScout, Product is eligible for Maintenance support services provided such Product remains in the location to which such Product was originally shipped, and with respect to Hardware, provided such Hardware is within the applicable Hardware coverage period. If customer moves the Product from one location to another (“Product Relocation”), customer (a) does so at customer’s own risk, loss and expense, (b) is responsible for obtaining all necessary licenses to export, re-export or import the Product, and (c) will indemnify, defend and hold NetScout harmless from and against any and all claims, demands, suits, actions, damages, liabilities, fines, penalties, losses, and expenses including without limitation attorneys’ fees and disbursements and court costs (collectively, “Claims”) arising from Product Relocation. Failure to notify NetScout of Product Relocation may result in an inability for NetScout to perform its warranty obligations or Maintenance in accordance with this Maintenance Description, and NetScout will not be liable for any Claims resulting from Product Relocation. NetScout is not obligated to provide Updates containing additional features and enhancements other than defect corrections, or to provide MasterCare or Gold Support on Software beyond two (2) releases back from the current version. NetScout is not liable for delays caused by third parties. Geographical restrictions or limitations may apply to the Maintenance support services described herein and such services may not be available in all areas. Onsite repair may be provided by a third party and subject to parts availability. Same day service is not available in all areas. If customer has a party other than NetScout make repairs to the Products, such acts will void any warranty related to the Products. NetScout is not obligated to provide Maintenance support services with respect to claims resulting from the fault or negligence of customer or a third party; improper or unauthorized use of the Products; repair of Products by a party other than NetScout or its authorized contractor; a force majeure event and any causes external to the Product such as power failure or electric power surge; modification to factory default configurations; or use of the Products in combination with equipment or software not supplied by NetScout or recommended in the Product Documentation. Functional upgrades such as faster processors, increased memory / flash, etc. are not covered under MasterCare or Gold Support and are separately chargeable at the then-current list price.

Appears in 2 contracts

Samples: Defense Software License Agreement, User License Agreement

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Limitations and Exclusions. Unless otherwise agreed This warranty applies only to in writing products manufactured for GROHE after September 1, 2016 and purchased by NetScout, Product is eligible for Maintenance support services provided such Product remains in the location to which such Product was originally shippedoriginal consumer-purchaser in, and with respect to Hardwareinstalled in, provided such Hardware is within either the applicable Hardware coverage periodUnited States, Canada, or Mexico. If customer moves This warranty applies only if the Product from one location to another (“Product Relocation”)product was properly installed, customer (a) does so at customer’s own riskmounted, loss and expenseoperated, (b) is responsible for obtaining all necessary licenses to export, re-export or import the Productcared for, and (c) will indemnifycleaned, defend and hold NetScout harmless from and against irrespective of whether installation and/or mounting is performed by a qualified specialist fitter or the original consumer-purchaser. This warranty shall not apply to any and all claimsproducts or spare parts: not properly installed, demandscared for, suitsmaintained, actions, damages, liabilities, fines, penalties, losses, and expenses including without limitation attorneys’ fees and disbursements and court costs (collectively, “Claims”) arising from Product Relocation. Failure to notify NetScout of Product Relocation may result in an inability for NetScout to perform its warranty obligations or Maintenance repaired in accordance with this Maintenance DescriptionGROHE’s instructions, and NetScout will valid water regulations, and/or best plumbing practices; defective out of the box; not be liable for any Claims resulting from Product Relocation. NetScout is not obligated installed or removed; damaged due to provide Updates containing additional features and enhancements incorrect operation, handling, transportation, installation, breakage of fragile parts, or missing or incorrect maintenance; repaired or maintained by or with spare parts other than defect correctionsoriginal GROHE spare parts; scratched; used as displays; that are second hand; with affected consumables (such as batteries, filters, filter cartridges, aerators or batteries) or material subject to wear and tear (such as seals); damaged due to environmental influences or circumstances (such as chemicals and cleaning agents, pressure in the line, or voltage), lime scale or disruptions to provide MasterCare or Gold Support on Software beyond two (2) releases back from the current version. NetScout is not liable for delays caused by third parties. Geographical restrictions or limitations may apply ice and/or lime; damaged due to the Maintenance support services described herein and such services may not be available in all areas. Onsite repair may be provided by a third party and subject to parts availability. Same day service is not available in all areas. If customer has a party other than NetScout make repairs to the Products, such acts will void any warranty related to the Products. NetScout is not obligated to provide Maintenance support services with respect to claims resulting from the fault willfulness or negligence of by the end customer or a third third- party; improper or unauthorized use purchased on auction sites (either consumer-to-consumer or second hand). With the exception of missing component parts, notice of which must be given within thirty (30) days of purchase, notification must be given within a reasonable time after discovery of the Products; repair of Products by a party other defect, but no later than NetScout or its authorized contractor; a force majeure event and any causes external to the Product such as power failure or electric power surge; modification to factory default configurations; or use expiration of the Products in combination with equipment warranty period. This warranty is non-transferable. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. XXXXX WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE, EXPENSE OR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED ON WARRANTY, CONTRACT OR NEGLIGENCE AND ARISING IN CONNECTION WITH THE SALE, USE OR REPAIR OF ANY PRODUCTS OR PARTS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL DAMAGE OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. This warranty gives the original consumer-purchaser specific legal rights which may vary from country to country, state to state, or software province to province. In some countries, states, or provinces, the exclusion or limitation of incidental or consequential damages is not supplied by NetScout allowed, so those exclusions may not apply. UNLESS OTHERWISE CONTRARY TO THE LAW GOVERNING THE PURCHASE, GROHE’S LIABILITY WILL NOT EXCEED THE CONTRACT PRICE FOR THE PRODUCT CLAIMED TO BE DEFECTIVE. SUBMITTING A WARRANTY CLAIM: To submit a warranty claim, the original purchaser-owner should submit the information listed below to GROHE Customer Service at us- xxxxxxxxxxxxxxx@xxxxx.xxx or recommended in through our website at xxxxx://xxx.xxxxx.xxx/us/5685/services- for-you/warranties/. Telephone inquiries may be directed to (000) 000-0000.  Product/model number;  Proof-of-purchase (copy of original sales receipt, purchase order, or invoice showing the Product Documentation. Functional upgrades such as faster processors, increased memory / flash, etc. are not covered under MasterCare or Gold Support and are separately chargeable at the then-current list price.date of purchase);  Documentation confirming date of installation; and

Appears in 2 contracts

Samples: Sense And, Sense And

Limitations and Exclusions. Unless otherwise agreed This Warranty does not apply to any defect, failure, damage, or undue wear in writing or to the Surface caused by NetScout, Product is eligible for Maintenance support services provided such Product remains in the location to which such Product was originally shipped, and with respect to Hardware, provided such Hardware is within the applicable Hardware coverage period. If customer moves the Product from one location to another (“Product Relocation”), customer or connected with: (a) does so at customer’s own riskimproper or insufficient design or engineering, loss and expenseor improper or insufficient project drawings, plans or specifications; (b) is responsible for obtaining all necessary licenses to export, rean inadequate or defective pre-export existing base or import the Product, and surface; (c) will indemnifythe inherent characteristics of the earth or surface upon which the Surface is installed; (d) misuse, defend abuse, bubbles, or deliberate acts of vandalism; (e) accident, negligence, or acts of God; (f) static or dynamic loads exceeding Midwest Track Builders recommendations; (g) use of improper cleaning methods; or (h) Owner's failure to care for and hold NetScout harmless from and against any and all claims, demands, suits, actions, damages, liabilities, fines, penalties, losses, and expenses including without limitation attorneys’ fees and disbursements and court costs (collectively, “Claims”) arising from Product Relocation. Failure to notify NetScout of Product Relocation may result in an inability for NetScout to perform its warranty obligations or Maintenance maintain the Surface in accordance with this Maintenance DescriptionMidwest Track Builders written instructions. Midwest Track Builders does not warrant or guarantee the accuracy or sufficiency of any drawings, plans or specifications not prepared by Midwest Track Builders and NetScout will which are used in connection with installing the Surface. This Warranty shall not be liable for any Claims resulting from Product Relocation. NetScout is not obligated to provide Updates containing additional features and enhancements other than defect corrections, or to provide MasterCare or Gold Support on Software beyond two (2) releases back from the current version. NetScout is not liable for delays caused by third parties. Geographical restrictions or limitations may apply to the Maintenance support services described herein and such services may not Surface, or any part thereof, which has been repaired or altered without Midwest Track Builders prior written consent. No allowance or credit will be available in all areas. Onsite repair may be provided by a third party and subject to parts availability. Same day service is not available in all areas. If customer has a party other than NetScout make granted for any repairs or alterations to the ProductsSurface made by Owner except as authorized by this Warranty. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, such acts will void EXPRESS, IMPLIED OR ARISING BY OPERATION OF LAW, INCLUDING (BUT NOT LIMITED TO) ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND OF ALL OTHER OBLIGATIONS OR LIABILITIES ON MIDWEST TRACK BUILDERS PART. MIDWEST TRACK BUILDERS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES UNDER THIS WARRANTY, INCLUDING BUT NOT LIMITED TO ANY ACTIONS ALLEGING DAMAGES UNDER TORT, CONTRACT OR STRICT LIABILITY. MIDWEST TRACK BUILDERS SOLE OBLIGATION UNDER THIS WARRANTY IS TO REPAIR AT ITS SOLE DISCRETION ANY PORTION OF THE SURFACE WHICH MAY BE DETERMINED TO BE DEFECTIVE. MIDWESTS LIABILITY FOR ANY SUCH REPAIR SHALL IN NO EVENT EXCEED THE AMOUNT OF THE PURCHASE PRICE ATTRIBUTABLE TO THE DEFECTIVE PORTION OF THE SURFACE WHICH IS REPAIRED. Midwest Track Builders neither assumes nor authorizes any warranty related person to assume for it any other liability in connection with the Products. NetScout is not obligated to provide Maintenance support services with respect to claims resulting from the fault or negligence of customer or a third party; improper or unauthorized use of the Products; repair of Products by a party other than NetScout or its authorized contractor; a force majeure event and any causes external to the Product such as power failure or electric power surge; modification to factory default configurations; sale, installation or use of the Products Surface. This Warranty shall not be construed to be an obligation of any performance or other bond furnished by any party in combination connection with equipment Midwest Track Builders contract for the Surface and shall not be enforceable against any such party. All pre-existing base or software surface upon which the Surface has been installed is specifically excluded from any coverage by this Warranty. Midwest Track Builders previous acceptance of any such pre-existing base or surface for installation of the Surface shall not supplied by NetScout be deemed to constitute a warranty or recommended in the Product Documentation. Functional upgrades such as faster processors, increased memory / flash, etc. are not covered under MasterCare or Gold Support and are separately chargeable at the then-current list priceother guarantee thereof.

Appears in 2 contracts

Samples: Tips Vendor Agreement, Tips Vendor Agreement

Limitations and Exclusions. Unless otherwise agreed Any goods or Services provided outside of the explicit scope of those set forth in this Exhibit are billable at Hill-Rom’s current fee for Service rates with a four (4) hour minimum. Such rates are inclusive of travel and expenses. The warranties stated herein are not transferable and apply only to Hill-Rom Provided Components and Licensed Software installed by Hill-Rom or an authorized Hill-Rom representative. THE WARRANTIES STATED ABOVE IN SECTIONS I AND II ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HILL-ROM DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCT OR THE SERVICES PROVIDED HEREUNDER WILL BE ERROR FREE OR UNINTERRUPTED. HILL-ROM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES INCLUDING LOST REVENUES AND LOST PROFITS EVEN IF NOTIFIED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. HILL-ROM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO CENTRAK EQUIPMENT OR CENTRAK SOFTWARE (SET FORTH AT EXHBIT B). HILL-ROM DOES NOT WARRANT THAT THE CENTRAK EQUIPMENT OR CENTRAK SOFTWARE WILL PERFORM ERROR FREE OR UNINTERRUPTED. HILL-ROM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES INCLUDING LOST REVENUES AND LOST PROFITS EVEN IF NOTIFIED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. EXHIBIT B BUSINESS ASSOCIATE ADDENDUM WHEREAS, Hill-Rom will perform certain services (the “Services”) to Customer (hereinafter referred to as “Covered Entity” under this Exhibit C) in writing by NetScoutconnection with Hill-Rom’s license, sale and/or service of a Product is eligible for Maintenance support services provided such Product remains as more particularly described in the location Proposal. Such services may involve the disclosure by Covered Entity to Hill-Rom of certain data which such Product was originally shippedmay include Protected Health Information, and with respect to Hardware, provided such Hardware as that term is within the applicable Hardware coverage period. If customer moves the Product from one location to another defined at 45 C.F.R. § 160.103 (“Product Relocation”), customer (a) does so at customer’s own risk, loss and expense, (b) is responsible for obtaining all necessary licenses to export, re-export or import the Product, and (c) will indemnify, defend and hold NetScout harmless from and against any and all claims, demands, suits, actions, damages, liabilities, fines, penalties, losses, and expenses including without limitation attorneys’ fees and disbursements and court costs (collectively, “ClaimsPHI”) arising from Product Relocation. Failure to notify NetScout of Product Relocation may result in an inability for NetScout to perform its warranty obligations or Maintenance in accordance with this Maintenance Description, and NetScout will not be liable for any Claims resulting from Product Relocation. NetScout is not obligated to provide Updates containing additional features and enhancements other than defect corrections, or to provide MasterCare or Gold Support on Software beyond two (2) releases back from the current version. NetScout is not liable for delays caused by third parties. Geographical restrictions or limitations may apply to the Maintenance support services described herein and such services may not be available in all areas. Onsite repair may be provided by a third party and subject to parts availability. Same day service is not available in all areas. If customer has a party other than NetScout make repairs to the Products, such acts will void any warranty related to the Products. NetScout is not obligated to provide Maintenance support services with respect to claims resulting from the fault or negligence of customer or a third party; improper or unauthorized use of the Products; repair of Products by a party other than NetScout or its authorized contractor; a force majeure event and any causes external to the Product such as power failure or electric power surge; modification to factory default configurations; or use of the Products in combination with equipment or software not supplied by NetScout or recommended in the Product Documentation. Functional upgrades such as faster processors, increased memory / flash, etc. are not covered under MasterCare or Gold Support and are separately chargeable at the then-current list price.;

Appears in 1 contract

Samples: Terms and Conditions

Limitations and Exclusions. Unless otherwise agreed to in writing by NetScoutPlease read these Terms with particular care, Product is eligible for Maintenance support services provided such Product remains in as they describe certain exclusions and limitations on liability that may arise during the location to which such Product was originally shipped, and with respect to Hardware, provided such Hardware is within the applicable Hardware coverage period. If customer moves the Product from one location to another (“Product Relocation”), customer (a) does so at customer’s own risk, loss and expense, (b) is responsible for obtaining all necessary licenses to export, re-export or import the Product, and (c) will indemnify, defend and hold NetScout harmless from and against any and all claims, demands, suits, actions, damages, liabilities, fines, penalties, losses, and expenses including without limitation attorneys’ fees and disbursements and court costs (collectively, “Claims”) arising from Product Relocation. Failure to notify NetScout of Product Relocation may result in an inability for NetScout to perform its warranty obligations or Maintenance in accordance with this Maintenance Description, and NetScout will not be liable for any Claims resulting from Product Relocation. NetScout is not obligated to provide Updates containing additional features and enhancements other than defect corrections, or to provide MasterCare or Gold Support on Software beyond two (2) releases back from the current version. NetScout is not liable for delays caused by third parties. Geographical restrictions or limitations may apply to the Maintenance support services described herein and such services may not be available in all areas. Onsite repair may be provided by a third party and subject to parts availability. Same day service is not available in all areas. If customer has a party other than NetScout make repairs to the Products, such acts will void any warranty related to the Products. NetScout is not obligated to provide Maintenance support services with respect to claims resulting from the fault or negligence of customer or a third party; improper or unauthorized use provision of the Products; repair of Products by a party other than NetScout Services. PLEASE REMEMBER – WE ARE NOT REPRESENTING, WARRANTING OR IN ANY WAY SUGGESTING THAT SECOM Safe IS A REPLACEMENT FOR OR SUPPLEMENT TO THE EMERGENCY SERVICES AND YOUR OWN SAFETY PRECAUTIONS. WE TRY TO KEEP SECOM Safe UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING SECOM Safe "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY THIRD PARTY RIGHTS. WE DO NOT GUARANTEE THAT SECOM Safe WILL BE SAFE OR SECURE. SECOM GUARDALL NZ LTD or its authorized contractor; a force majeure event and any causes external to the Product such as power failure or electric power surge; modification to factory default configurations; or use of the Products in combination with equipment or software not supplied by NetScout or recommended in the Product DocumentationSECOM SAFE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU HEREBY RELEASE AND INDEMNIFY AND AGREE TO KEEP INDEMNIFIED NOW AND IN THE FUTURE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. Functional upgrades such as faster processorsWE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS, increased memory / flashLOSS OF OPPORTUNITY, etcLOSS OF DATA, OR FOR ANY LOSS OF ECONOMIC USE, NOT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. are not covered under MasterCare or Gold Support and are separately chargeable at the then-current list priceOUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR SECOM Safe WILL NOT EXCEED THE GREATER OF ONE HUNDRED NZ DOLLARS ($100)] OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS OR THE LESSER AMOUNT. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, SECOM Safe's LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING THE ABOVE TERMS, NOTHING IN THIS AGREEMENT SHALL OR IS INTENDED TO EXCLUDE OR LIMIT OUR LIABILITY TO YOU FOR DEATH, PERSONAL INJURY OR FOR ANY OTHER LIABILITY FOR LOSS WHICH CANNOT BE LAWFULLY EXCLUDED OR LIMITED.

Appears in 1 contract

Samples: The Agreement

Limitations and Exclusions. Unless otherwise agreed THIS WARRANTY SETS FORTH IAMI’S MAXIMUM LIABILITY FOR ITS PRODUCTS. IAMI MAKES NO OTHER WARRANTY, EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ITS PRODUCTS EXCEPT AS IT IS SET FORTH. NO DISTRIBUTOR, DEALER OR REPRESENTATIVE HAS THE AUTHORITY TO CHANGE OR MODIFY THIS LIMITED WARRANTY. IN NO INSTANCE SHALL IAMI BE RESPONSIBLE FOR INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES. This warranty gives you specific legal rights and you may also have other rights which vary from state to state. Some states do not allow the exclusion or limitation of implied warranties or of incidental or consequential damages, so the limitations or exclusions may not apply to you. IN SUCH CASE, THE DURATION OF ANY IMPLIED WARRANTY SHALL BE THE SAME AS THAT OF THE EXPRESSED WARRANTY STATED HEREIN. NOTE: IAMI reserves the right to make product improvement changes in writing by NetScoutspecifications, Product is eligible for Maintenance support services provided such Product remains in the location to which such Product was originally shippedmaterials, and with respect construction details. IAMI’s premier hardwoods vary in color and grain, which can affect the actual finish color. Variances in photography and printing may also cause finish colors shown in catalogues and as displayed on a computer to Hardware, provided such Hardware is within vary from actual finishes. Final lines and details of delivered product may vary slightly from that of the applicable Hardware coverage periodconcept CAD drawings supplied during quoting and specification. If customer moves the Product from one location to another (“Product Relocation”), customer (a) does so at customer’s own risk, loss and expense, (b) is responsible for obtaining all necessary licenses to export, re-export or import the Product, and (c) will indemnify, defend and hold NetScout harmless from and against any and all claims, demands, suits, actions, damages, liabilities, fines, penalties, losses, and expenses including without limitation attorneys’ fees and disbursements and court costs (collectively, “Claims”) arising from Product Relocation. Failure to notify NetScout of Product Relocation may result in an inability for NetScout to perform its warranty obligations or Maintenance in accordance with this Maintenance Description, and NetScout will not be liable for any Claims resulting from Product Relocation. NetScout This variation is not obligated to provide Updates containing additional features and enhancements other than defect correctionsbe considered a defect. HANDLING, or to provide MasterCare or Gold Support on Software beyond two (2) releases back from the current version. NetScout is not liable for delays caused by third parties. Geographical restrictions or limitations may apply to the Maintenance support services described herein and such services may not be available in all areas. Onsite repair may be provided by a third party and subject to parts availability. Same day service is not available in all areas. If customer has a party other than NetScout make repairs to the Products, such acts will void any warranty related to the Products. NetScout is not obligated to provide Maintenance support services with respect to claims resulting from the fault or negligence of customer or a third party; improper or unauthorized use of the Products; repair of Products by a party other than NetScout or its authorized contractor; a force majeure event and any causes external to the Product such as power failure or electric power surge; modification to factory default configurations; or use of the Products in combination with equipment or software not supplied by NetScout or recommended in the Product Documentation. Functional upgrades such as faster processors, increased memory / flash, etc. are not covered under MasterCare or Gold Support and are separately chargeable at the then-current list price.JOB FINISHING AND INSTALLATION INSTRUCTIONS

Appears in 1 contract

Samples: www.integrityarchitecturalmillwork.com

Limitations and Exclusions. Unless otherwise agreed Any goods or Services provided outside of the explicit scope of those set forth in this Exhibit are billable at Hill-Rom’s current fee for Service rates with a four (4) hour minimum. Such rates are inclusive of travel and expenses. The warranties stated herein are not transferable and apply only to Hill-Rom Provided Components and Licensed Software installed by Hill-Rom or an authorized Hill-Rom representative. THE WARRANTIES STATED HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HILL-ROM DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCT OR THE SERVICES PROVIDED HEREUNDER WILL BE ERROR FREE OR UNINTERRUPTED. HILL-ROM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES INCLUDING LOST REVENUES AND LOST PROFITS EVEN IF NOTIFIED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. HILL-ROM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO CENTRAK EQUIPMENT OR CENTRAK SOFTWARE (SET FORTH AT EXHBIT B). HILL-ROM DOES NOT WARRANT THAT THE CENTRAK EQUIPMENT OR CENTRAK SOFTWARE WILL PERFORM ERROR FREE OR UNINTERRUPTED. HILL-ROM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES INCLUDING LOST REVENUES AND LOST PROFITS EVEN IF NOTIFIED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Exhibit B applies only if the Proposal reflects a purchase of the Enhanced Staff Locating module, made available with NaviCare Nurse Call. This exhibit may be disregarded if Customer is not purchasing Enhanced Staff Locating. Certain Third Party Programs and equipment incorporated in writing by NetScoutor used with the Product may be subject to the terms and conditions set forth in pass-through provisions or end user license agreements from the third party suppliers of such products. CenTrak, Product Inc. is eligible for Maintenance support services provided such Product remains in the location manufacturer of the Enhanced Staff Locating component of the NaviCare Nurse Call system. Customer’s use of the CenTrak Equipment and CenTrak Software are subject to which such Product was originally shippedthe End User License Agreement, warranty and limitations, and with respect to Hardwaremandatory software maintenance pass through provisions set forth here at Exhibit B. Exhibit B shall be incorporated into the Agreement, provided such Hardware is within if Customer purchases the applicable Hardware coverage periodEnhanced Staff Locating feature. If customer moves the Product from one location to another EXHIBIT B PASS-THROUGH PROVISIONS CENTRAK END USER LICENSE AGREEMENT & WARRANTY THIS END USER LICENSE AGREEMENT (“Product RelocationXXXX”) sets forth the respective rights and responsibilities as between End User and CenTrak, Inc., a Delaware corporation (“CenTrak”), customer (a) does so at customer’s own risk, loss and expense, (b) is responsible for obtaining all necessary licenses to export, re-export or import the Product, and (c) will indemnify, defend and hold NetScout harmless from and against any and all claims, demands, suits, actions, damages, liabilities, fines, penalties, losses, and expenses including without limitation attorneys’ fees and disbursements and court costs (collectively, “Claims”) arising from Product Relocation. Failure to notify NetScout of Product Relocation may result in an inability for NetScout to perform its warranty obligations or Maintenance in accordance with this Maintenance Description, and NetScout will not be liable for any Claims resulting from Product Relocation. NetScout is not obligated to provide Updates containing additional features and enhancements other than defect corrections, or to provide MasterCare or Gold Support on Software beyond two (2) releases back from the current version. NetScout is not liable for delays caused by third parties. Geographical restrictions or limitations may apply relative to the Maintenance support services described herein and such services may not be available in all areas. Onsite repair may be provided by a third party and subject to parts availability. Same day service is not available in all areas. If customer has a party other than NetScout make repairs to the Products, such acts will void any warranty related to the Products. NetScout is not obligated to provide Maintenance support services with respect to claims resulting from the fault or negligence of customer or a third party; improper or unauthorized use of the Products; repair of Products by a party other than NetScout or its authorized contractor; a force majeure event and any causes external to the Product such as power failure or electric power surge; modification to factory default configurations; or use of the Products in combination with equipment or software not supplied by NetScout or recommended in the Product Documentation. Functional upgrades such as faster processors, increased memory / flash, etc. are not covered under MasterCare or Gold Support and are separately chargeable at the then-current list priceCenTrak Software.

Appears in 1 contract

Samples: Terms and Conditions

Limitations and Exclusions. Unless otherwise agreed to in writing by NetScoutPlease read these Terms with particular care, Product is eligible for Maintenance support services provided such Product remains in as they describe certain exclusions and limitations on liability that may arise during the location to which such Product was originally shipped, and with respect to Hardware, provided such Hardware is within the applicable Hardware coverage period. If customer moves the Product from one location to another (“Product Relocation”), customer (a) does so at customer’s own risk, loss and expense, (b) is responsible for obtaining all necessary licenses to export, re-export or import the Product, and (c) will indemnify, defend and hold NetScout harmless from and against any and all claims, demands, suits, actions, damages, liabilities, fines, penalties, losses, and expenses including without limitation attorneys’ fees and disbursements and court costs (collectively, “Claims”) arising from Product Relocation. Failure to notify NetScout of Product Relocation may result in an inability for NetScout to perform its warranty obligations or Maintenance in accordance with this Maintenance Description, and NetScout will not be liable for any Claims resulting from Product Relocation. NetScout is not obligated to provide Updates containing additional features and enhancements other than defect corrections, or to provide MasterCare or Gold Support on Software beyond two (2) releases back from the current version. NetScout is not liable for delays caused by third parties. Geographical restrictions or limitations may apply to the Maintenance support services described herein and such services may not be available in all areas. Onsite repair may be provided by a third party and subject to parts availability. Same day service is not available in all areas. If customer has a party other than NetScout make repairs to the Products, such acts will void any warranty related to the Products. NetScout is not obligated to provide Maintenance support services with respect to claims resulting from the fault or negligence of customer or a third party; improper or unauthorized use provision of the Products; repair of Products by a party other than NetScout or its authorized contractor; a force majeure event and any causes external to the Product such as power failure or electric power surge; modification to factory default configurations; or use of the Products in combination with equipment or software not supplied by NetScout or recommended in the Product DocumentationServices. Functional upgrades such as faster processorsPLEASE REMEMBER – WE ARE NOT REPRESENTING, increased memory / flashWARRANTING OR IN ANY WAY SUGGESTING THAT ZECURE IS A REPLACEMENT FOR OR SUPPLEMENT TO THE EMERGENCY SERVICES AND YOUR OWN SAFETY PRECAUTIONS. WE TRY TO KEEP ZECURE UP, etcBUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. are not covered under MasterCare or Gold Support and are separately chargeable at the thenWE ARE PROVIDING [CLIENT PRODUCT NAME] "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-current list priceINFRINGEMENT OF ANY THIRD PARTY RIGHTS. WE DO NOT GUARANTEE THAT ZECURE WILL BE SAFE OR SECURE. ZECURE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU HEREBY RELEASE AND INDEMNIFY AND AGREE TO KEEP INDEMNIFIED NOW AND IN THE FUTURE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS, LOSS OF OPPORTUNITY, LOSS OF DATA, OR FOR ANY LOSS OF ECONOMIC USE, NOT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR [CLIENT PRODUCT NAME] WILL NOT EXCEED THE GREATER OF ONE HUNDRED POUNDS (£100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, ZECURE'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING THE ABOVE TERMS, NOTHING IN THIS AGREEMENT SHALL OR IS INTENDED TO EXCLUDE OR LIMIT OUR LIABILITY TO YOU FOR DEATH, PERSONAL INJURY OR FOR ANY OTHER LIABILITY FOR LOSS WHICH CANNOT BE LAWFULLY EXCLUDED OR LIMITED.

Appears in 1 contract

Samples: The Agreement

Limitations and Exclusions. Unless otherwise agreed This warranty applies only to in writing products manufactured for GROHE after September 1, 2016 and purchased by NetScout, Product is eligible for Maintenance support services provided such Product remains in the location to which such Product was originally shippedoriginal consumer-purchaser in, and with respect to Hardwareinstalled in, provided such Hardware is within either the applicable Hardware coverage periodUnited States, Canada, or Mexico. If customer moves This warranty applies only if the Product from one location to another (“Product Relocation”)product was properly installed, customer (a) does so at customer’s own riskmounted, loss and expenseoperated, (b) is responsible for obtaining all necessary licenses to export, re-export or import the Productcared for, and (c) will indemnifycleaned, defend and hold NetScout harmless from and against irrespective of whether installation and/or mounting is performed by a qualified specialist fitter or the original consumer-purchaser. This warranty shall not apply to any and all claimsproducts or spare parts: not properly installed, demandscared for, suitsmaintained, actions, damages, liabilities, fines, penalties, losses, and expenses including without limitation attorneys’ fees and disbursements and court costs (collectively, “Claims”) arising from Product Relocation. Failure to notify NetScout of Product Relocation may result in an inability for NetScout to perform its warranty obligations or Maintenance repaired in accordance with this Maintenance DescriptionGROHE’s instructions, and NetScout will valid water regulations, and/or best plumbing practices; defective out of the box; not be liable for any Claims resulting from Product Relocation. NetScout is not obligated installed or removed; damaged due to provide Updates containing additional features and enhancements incorrect operation, handling, transportation, installation, breakage of fragile parts, or missing or incorrect maintenance; repaired or maintained by or with spare parts other than defect correctionsoriginal GROHE spare parts; scratched; used as displays; that are second hand; with affected consumables (such as batteries, filters, filter cartridges, aerators or batteries) or material subject to wear and tear (such as seals); damaged due to environmental influences or circumstances (such as chemicals and cleaning agents, pressure in the line, or voltage), lime scale or disruptions to provide MasterCare or Gold Support on Software beyond two (2) releases back from the current version. NetScout is not liable for delays caused by third parties. Geographical restrictions or limitations may apply ice and/or lime; damaged due to the Maintenance support services described herein and such services may not be available in all areas. Onsite repair may be provided by a third party and subject to parts availability. Same day service is not available in all areas. If customer has a party other than NetScout make repairs to the Products, such acts will void any warranty related to the Products. NetScout is not obligated to provide Maintenance support services with respect to claims resulting from the fault willfulness or negligence of by the end customer or a third third- party; improper or unauthorized use purchased on auction sites (either consumer-to-consumer or second hand). With the exception of missing component parts, notice of which must be given within thirty (30) days of purchase, notification must be given within a reasonable time after discovery of the Products; repair of Products by a party other defect, but no later than NetScout or its authorized contractor; a force majeure event and any causes external to the Product such as power failure or electric power surge; modification to factory default configurations; or use expiration of the Products in combination with equipment warranty period. This warranty is non-transferable. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. XXXXX WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE, EXPENSE OR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED ON WARRANTY, CONTRACT OR NEGLIGENCE AND ARISING IN CONNECTION WITH THE SALE, USE OR REPAIR OF ANY PRODUCTS OR PARTS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL DAMAGE OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. This warranty gives the original consumer-purchaser specific legal rights which may vary from country to country, state to state, or software province to province. In some countries, states, or provinces, the exclusion or limitation of incidental or consequential damages is not supplied by NetScout allowed, so those exclusions may not apply. UNLESS OTHERWISE CONTRARY TO THE LAW GOVERNING THE PURCHASE, GROHE’S LIABILITY WILL NOT EXCEED THE CONTRACT PRICE FOR THE PRODUCT CLAIMED TO BE DEFECTIVE. SUBMITTING A WARRANTY CLAIM: To submit a warranty claim, the original purchaser-owner should submit the information listed below to GROHE Customer Service at XX-xxxxxxxxxxx@xxxxx.xxx or recommended in through our website at xxxxx://xxx.xxxxx.xxx/us/5685/services- for-you/warranties/. Telephone inquiries may be directed to (000) 000-0000.  Product/model number;  Proof-of-purchase (copy of original sales receipt, purchase order, or invoice showing the Product Documentation. Functional upgrades such as faster processors, increased memory / flash, etc. are not covered under MasterCare or Gold Support and are separately chargeable at the then-current list price.date of purchase);  Documentation confirming date of installation; and

Appears in 1 contract

Samples: Sense And

Limitations and Exclusions. Unless otherwise agreed to in writing by NetScout, Product This Limited Warranty is eligible for Maintenance support services provided such Product remains in the location to which such Product was originally shippedonly applicable warranty, and with respect ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WAR- RANTY OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY LIMITED TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY. Some states do not allow limitations on how long an im- plied warranty lasts, so the above limitation may not apply to Hardwareyou. To the extent permitted by law, provided such Hardware is within TREDIT EXPRESSLY DIS- CLAIMS ANY AND ALL LIABILITY FOR ANY INCIDENTAL AND CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF TIME, INCONVENIENCE, LOSS OF USE OF TRAILER, COSTS OF TOWING OR TRANSPORTA- TION, AND VEHICLE/TRAILER DAMAGE. Some states do not allow the applicable Hardware coverage periodexclusion or limitation of incidental or consequential damages, so the above limita- tion or exclusion may not apply to you. If customer moves the Product from one location to another (“Product Relocation”)Tredit makes no express claims of expected tire wear. Tire wear can be affected by many variables including, customer (a) does so at customer’s own riskwithout limitation driving conditions, loss and expense, (b) is responsible for obtaining all necessary licenses to export, re-export or import the Productload, and (c) will indemnifytire inflation. Nothing in this warranty is intended to be a representation that tire failures cannot occur. No one, defend and hold NetScout harmless including Tredit employees, representatives, or dealers has the authority to make or imply any warranties, promises or agreements which in any way vary from and against the terms of this Lim- ited Warranty. Dispute Resolution Any controversy or claim arising out of or relating to this Lim- ited Warranty, or the sale or use of any and all claimstire, demandsor any breach thereof, suits, actions, damages, liabilities, fines, penalties, losses, and expenses including without limitation attorneys’ fees and disbursements and court costs (collectively, “Claims”) arising from Product Relocation. Failure to notify NetScout of Product Relocation may result in an inability for NetScout to perform its warranty obligations or Maintenance shall be settled by arbitration administered by the American Arbitration Association in accordance with this Maintenance Descriptionits Com- mercial Arbitration Rules, and NetScout will not judgment on the award rendered by the arbitrator may be liable for entered in any Claims resulting from Product Relocationcourt having jurisdiction thereof. NetScout is not obligated to provide Updates containing additional features The place of arbitration shall be Elkhart, Indiana. This agreement shall be governed by and enhancements other than defect correctionsinterpreted in accordance with the laws of the State of Indiana. The parties acknowledge that this agreement evidences a transaction involving interstate commerce. The Federal Arbitration Act, or to provide MasterCare or Gold Support on Software beyond two (2) releases back from 9 U.S.C. §2 et seq., also known as the current version. NetScout is not liable for delays caused by third parties. Geographical restrictions or limitations may apply United States Arbitration Act, shall govern the interpretation, enforcement and proceedings pursuant to the Maintenance support services described herein arbitration clause in this agreement. Legal Remedies This warranty gives you specific legal rights, and such services you may not be available in all areasalso have other rights which vary from State to State. Onsite repair may be provided by a third party H188ST SERIES FEATURES:    Advanced structure design Strength and subject to parts availabilitylong-lasting wear Advanced compound reducing rolling resistance. Same day service is not available in all areas. If customer has a party other than NetScout make repairs to the Products, such acts will void any warranty related to the Products. NetScout is not obligated to provide Maintenance support services with respect to claims resulting from the fault or negligence of customer or a third party; improper or unauthorized use of the Products; repair of Products by a party other than NetScout or its authorized contractor; a force majeure event and any causes external to the Product such as power failure or electric power surge; modification to factory default configurations; or use of the Products in combination with equipment or software not supplied by NetScout or recommended in the Product Documentation. Functional upgrades such as faster processors, increased memory / flash, etc. are not covered under MasterCare or Gold Support and are separately chargeable at the then-current list priceTire Size LR/PR Tread Depth ST175/80D13 C/6 8/32 ST185/80D13 C/6 8/32 ST185/80D13 D/8 8/32 ST205/75D14 C/6 8/32 ST205/75D15 C/6 8/32 ST215/75D14 C/6 8/32 Rim Width (inches) Section Width (Inches) Overall Diame- ter (Inches) 5.00 6.77 24.41 5.00 7.24 24.65 5.00 7.24 24.80 5.50 7.87 26.50 5.50 7.99 27.13 5.50 7.99 26.97 6.00 8.39 28.70 Maximum Load (lbs.) Inflation Pressure (PSI) 1360 50 1480 50 1730 65 1760 50 1820 50 1870 50 2540 65

Appears in 1 contract

Samples: www.trailex.com

Limitations and Exclusions. Unless otherwise agreed to in writing by NetScoutPlease read these Terms with particular care, Product is eligible for Maintenance support services provided such Product remains in as they describe certain exclusions and limitations on liability that may arise during the location to which such Product was originally shipped, and with respect to Hardware, provided such Hardware is within the applicable Hardware coverage period. If customer moves the Product from one location to another (“Product Relocation”), customer (a) does so at customer’s own risk, loss and expense, (b) is responsible for obtaining all necessary licenses to export, re-export or import the Product, and (c) will indemnify, defend and hold NetScout harmless from and against any and all claims, demands, suits, actions, damages, liabilities, fines, penalties, losses, and expenses including without limitation attorneys’ fees and disbursements and court costs (collectively, “Claims”) arising from Product Relocation. Failure to notify NetScout of Product Relocation may result in an inability for NetScout to perform its warranty obligations or Maintenance in accordance with this Maintenance Description, and NetScout will not be liable for any Claims resulting from Product Relocation. NetScout is not obligated to provide Updates containing additional features and enhancements other than defect corrections, or to provide MasterCare or Gold Support on Software beyond two (2) releases back from the current version. NetScout is not liable for delays caused by third parties. Geographical restrictions or limitations may apply to the Maintenance support services described herein and such services may not be available in all areas. Onsite repair may be provided by a third party and subject to parts availability. Same day service is not available in all areas. If customer has a party other than NetScout make repairs to the Products, such acts will void any warranty related to the Products. NetScout is not obligated to provide Maintenance support services with respect to claims resulting from the fault or negligence of customer or a third party; improper or unauthorized use provision of the Products; repair of Products by a party other than NetScout or its authorized contractor; a force majeure event and any causes external to the Product such as power failure or electric power surge; modification to factory default configurations; or use of the Products in combination with equipment or software not supplied by NetScout or recommended in the Product DocumentationServices. Functional upgrades such as faster processorsPLEASE REMEMBER – WE ARE NOT REPRESENTING, increased memory / flashWARRANTING OR IN ANY WAY SUGGESTING THAT MASC EXECUTIVE’S JOURNEYCALL IS A REPLACEMENT FOR OR SUPPLEMENT TO THE EMERGENCY SERVICES AND YOUR OWN SAFETY PRECAUTIONS. WE TRY TO KEEP MASC EXECUTIVE’S JOURNEYCALL UP, etcBUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. are not covered under MasterCare or Gold Support and are separately chargeable at the then-current list priceWE ARE PROVIDING MASC EXECUTIVE, JOURNEYCALL "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT OF ANY THIRD PARTY RIGHTS. WE DO NOT GUARANTEE THAT MASC EXECUTIVE’S JOURNEYCALL WILL BE SAFE OR SECURE. MASC EXECUTIVE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU HEREBY RELEASE AND INDEMNIFY AND AGREE TO KEEP INDEMNIFIED NOW AND IN THE FUTURE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS, LOSS OF OPPORTUNITY, LOSS OF DATA, OR FOR ANY LOSS OF ECONOMIC USE, NOT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR MASC EXECUTIVE’S JOURNEYCALL WILL NOT EXCEED THE GREATER OF ONE HUNDRED POUNDS (£100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, MASC EXECUTIVE, JOURNEYCALL LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING THE ABOVE TERMS, NOTHING IN THIS AGREEMENT SHALL OR IS INTENDED TO EXCLUDE OR LIMIT OUR LIABILITY TO YOU FOR DEATH, PERSONAL INJURY OR FOR ANY OTHER LIABILITY FOR LOSS WHICH CANNOT BE LAWFULLY EXCLUDED OR LIMITED.

Appears in 1 contract

Samples: Terms and Conditions

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Limitations and Exclusions. Unless otherwise agreed In addition to in writing by NetScoutany other limitations and exclusions set forth herein, Product Xxxxxxx ENC is eligible for Maintenance support services provided such Product remains in the location to which such Product was originally shippednot responsible for, and this W arranty does not cover: • failures due to abuse, misuse, accident, unauthorized alteration or repair, improper installation (whether or not by a Samyung ENC-certified service agent), shipping damage or corrosion; • costs associated with respect to Hardwareroutine system checkouts, provided alignment/calibration, seatrials or commissioning; • repair or replacement of consumable items, including, without limitation, fuses, batteries, drive belts, radar mixer diodes, snap-in impeller carriers, impellers, impeller bearings and impeller shafts; • differences in material, coloring or size that may exist between actual products and the pictures or descriptions of such Hardware is products in our advertising, advertising literature or on the Internet; • products purchased by a customer from a United States dealer via the Internet if such products were not delivered and installed within the applicable Hardware coverage periodUnited States; or • the replacement of missing components from the package of any product purchased through an online auction site. If customer moves Other Conditions This W arranty is fully transferable provided that you furnish the Product from one location original proof of purchase to another (“Product Relocation”), customer (a) does so at customer’s own risk, loss and expense, (b) is responsible for obtaining all necessary licenses to export, re-export or import the Product, and (c) will indemnify, defend and hold NetScout harmless from and against any and all claims, demands, suits, actions, damages, liabilities, fines, penalties, losses, and expenses including without limitation attorneys’ fees and disbursements and court costs (collectively, “Claims”) arising from Product Relocation. Failure to notify NetScout of Product Relocation may result in an inability for NetScout to perform its warranty obligations or Maintenance in accordance with this Maintenance Description, and NetScout will not be liable for any Claims resulting from Product Relocation. NetScout is not obligated to provide Updates containing additional features and enhancements other than defect corrections, Samyung ENC or to provide MasterCare an authorized Samyung ENC distributor. This Warranty is void if the label bearing the serial number has been removed or Gold Support on Software beyond two (2) releases back from the current versiondefaced. NetScout is not liable for delays caused by third partiesTO THE EXTENT CONSISTENT W ITH STATE AND FEDERAL LAW, THE FOREGOING WARRANTY IS SAMYUNG ENC'S SOLE WARRANTY AND IS APPLICABLE ONLY TO NEW PRODUCTS PURCHASED IN THE UNITED STATES OF AMERICA. Geographical restrictions or limitations may apply to the Maintenance support services described herein and such services may not be available in all areasTHE PROVISIONS OF THIS WARRANTY ARE IN LIEU OF ANY OTHER WRITTEN WARRANTY, WHETHER EXPRESSED OR IMPLIED, WRITTEN OR ORAL, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Onsite repair may be provided by a third party and subject to parts availability. Same day service is not available in all areas. If customer has a party other than NetScout make repairs to the ProductsTHE LIABILITY OF SAMYUNG ENC TO A CUSTOMER UNDER THIS WARRANTY, such acts will void any warranty related to the Products. NetScout is not obligated to provide Maintenance support services with respect to claims resulting from the fault or negligence of customer or a third party; improper or unauthorized use of the Products; repair of Products by a party other than NetScout or its authorized contractor; a force majeure event and any causes external to the Product such as power failure or electric power surge; modification to factory default configurations; or use of the Products in combination with equipment or software not supplied by NetScout or recommended in the Product Documentation. Functional upgrades such as faster processorsWHETHER FOR BREACH OF CONTRACT, increased memory / flashTORT, etc. are not covered under MasterCare or Gold Support and are separately chargeable at the then-current list priceBREACH OF STATUTORY DUTY OR OTHERWISE SHALL IN NO EVENT SHALL EXCEED AN AMOUNT EQUAL TO THE MANUFACTURER’S SUGGESTED RETAIL PRICE OF THE PRODUCT GIVING RISE TO SUCH LIABILITY AND IN NO EVENT SHALL SAMYUNG ENC BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES.

Appears in 1 contract

Samples: www.emarineinc.com

Limitations and Exclusions. Unless otherwise agreed to modified in writing signed by NetScoutan officer of SAGE, Product the Limited Warranties set forth above are the only express warranties (whether written or oral) of SAGE applicable to SAGE’s products and no one is eligible for Maintenance support services authorized to modify or expand it. Any warranty provided such Product remains by the Customer to its customers or end-users shall be the sole responsibility of the Customer. The Limited Warranties contained herein are provided to SAGE’s direct customers or to the OEM and do not extend to the end-user, or any other person or entity in the location to which such Product was originally shippedchain of ownership or distribution. THIS DOCUMENT CONSTITUTES THE EXCLUSIVE WARRANTIES AND REMEDIES PROVIDED BY SAGE. THE WARRANTIES AND REMEDIES CONTAINED IN THIS DOCUMENT ARE EXPRESSLY IN LIEU OF ANY AND ALL OTHER OBLIGATIONS, and with respect to HardwareGUARANTEES AND WARRANTIES, provided such Hardware is within the applicable Hardware coverage periodWHETHER WRITTEN, ORAL OR IMPLIED BY STATUTE OR AT LAW. If customer moves the Product from one location to another SAGE HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE AND ANY OTHER OBLIGATION OR LIABILITY NOT EXPRESSLY SET FORTH HEREIN. UNDER NO CIRCUMSTANCES SHALL SAGE BE RESPONSIBLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (“Product Relocation”INCLUDING, WITHOUT LIMITATION, THE COST TO REMOVE NON-CONFORMING PRODUCT OR INSTALL REPLACEMENT PRODUCT, LOSS OF PROFITS, HARM TO GOODWILL OR BUSINESS REPUTATION, OR DELAY DAMAGES), customer (a) does so at customer’s own riskWHETHER SUCH CLAIMS ARE BASED IN CONTRACT, loss and expenseWARRANTY, (b) is responsible for obtaining all necessary licenses to exportNEGLIGENCE OR STRICT TORT LIABILITY, re-export or import the ProductAND ITS TOTAL LIABILITY SHALL IN ALL INSTANCES BE LIMITED TO REPLACEMENT OF THE DEFECTIVE PRODUCT OR, and (c) will indemnifyAT ITS OPTION, defend and hold NetScout harmless from and against any and all claims, demands, suits, actions, damages, liabilities, fines, penalties, losses, and expenses including without limitation attorneys’ fees and disbursements and court costs (collectively, “Claims”) arising from Product RelocationREPAIR OF THE DEFECTIVE PRODUCT. Failure to notify NetScout of Product Relocation may result in an inability for NetScout to perform its warranty obligations or Maintenance in accordance with this Maintenance Description, and NetScout will not be liable for any Claims resulting from Product Relocation. NetScout is not obligated to provide Updates containing additional features and enhancements other than defect corrections, or to provide MasterCare or Gold Support on Software beyond two (2) releases back from the current version. NetScout is not liable for delays caused by third parties. Geographical restrictions or limitations may apply to the Maintenance support services described herein and such services may not be available in all areas. Onsite repair may be provided by a third party and subject to parts availability. Same day service is not available in all areas. If customer has a party other than NetScout make repairs to the Products, such acts will void any warranty related to the Products. NetScout is not obligated to provide Maintenance support services with respect to claims resulting from the fault or negligence of customer or a third party; improper or unauthorized use of the Products; repair of Products by a party other than NetScout or its authorized contractor; a force majeure event and any causes external to the Product such as power failure or electric power surge; modification to factory default configurations; or use of the Products in combination with equipment or software not supplied by NetScout or recommended in the Product Documentation. Functional upgrades such as faster processors, increased memory / flash, etc. are not covered under MasterCare or Gold Support and are separately chargeable at the then-current list priceTHIS EXCLUSION APPLIES EVEN IF THE REMEDY SET FORTH ABOVE IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Appears in 1 contract

Samples: sweets.construction.com

Limitations and Exclusions. Unless otherwise agreed to in writing by NetScout, Notwithstanding that the Product is eligible for Maintenance support services provided such Product remains in the location to which such Product was originally shipped, and with respect to Hardware, provided such Hardware is within the applicable Hardware coverage periodWarranty Period, this warranty shall be invalidated and rendered void upon the following: The Product serial number, or warranty seal has been removed, erased, defaced, altered, tampered or is illegible; or The Product shows evidence of commercial use; impact, shock; accident; fire, flood, earthquake, lightning or other acts of nature; sand, liquid or food damage; exposure to extreme thermal or environmental conditions beyond product specifications or a rapid change in such conditions; electrostatic discharge; battery or chemical corrosion; abuse, mishandling, improper installation, operation or maintenance, use of wrong electrical supply or voltage; damage during shipment to / from our authorised service centre; damage caused by installation of any software, programs or applications, or use of any accessories, or consumable items; improper alteration, modification, adjustment, tampering; replacement of parts with parts not provided or approved by AquaNova; or dismantling, opening, service or repair performed other than by our authorised service centre. If customer moves the Product from one location to another (“Product Relocation”), customer (a) This warranty does so at customer’s own risk, loss and expense, (b) is responsible for obtaining all necessary licenses to export, re-export not cover: Missing accessories or import external parts of the Product, unless such claim is made within 3 days from the date of original retail purchase; Cosmetic damage to outer surface/finishing and (c) will indemnifyexternal parts of the Product, defend and hold NetScout harmless from and against any and all claims, demands, suits, actions, damages, liabilities, fines, penalties, losses, and expenses including without limitation attorneys’ fees cracks, dents or scratches on the exterior casing, screen, buttons and disbursements other attachments; Deterioration of the Product due to normal wear and court costs (collectivelytear, “Claims”) arising from including without limitation rust or stains; General maintenance, routine servicing and cleaning, updating/upgrading of software, product demonstration, or any other service other than repair; Any other circumstance such that repair would be contradictory or not in compliance with good business practice. To the fullest extent permitted by law, the warranty expressly provided herein is the sole and exclusive warranty provided in connection with the Product Relocation. Failure to notify NetScout and no other warranties, representations, endorsements or conditions of Product Relocation may result in an inability any kind, whether oral, written, express, implied or statutory, including without limitation any implied warranties of quality, merchantability or fitness for NetScout to perform its warranty obligations or Maintenance in accordance with this Maintenance Descriptiona particular purpose, and NetScout will warranties against hidden or latent defects, are provided. In so far as any warranties cannot be excluded, such warranties shall be limited to the terms of this warranty and for the Warranty Period expressed herein. To the fullest extent permitted by law, AquaNova shall not be in any way liable for any Claims resulting consequential, incidental, indirect, special or similar damages whatsoever arising from Product Relocation. NetScout is not obligated or in connection with the use, inability to provide Updates containing additional features and enhancements use or performance of the Product, including without limitation loss of revenue, loss of profits, loss of opportunity, loss of business, loss of goodwill, loss of reputation, failure to realise savings or other than defect correctionsbenefits, or to provide MasterCare or Gold Support on Software beyond two (2) releases back from the current version. NetScout is not liable for delays caused by third parties. Geographical restrictions or limitations may apply to the Maintenance support services described herein and such services may not be available in all areas. Onsite repair may be provided by a third party and subject to parts availability. Same day service is not available in all areas. If customer has a party other than NetScout make repairs to the Products, such acts will void any warranty related to the Products. NetScout is not obligated to provide Maintenance support services with respect to claims resulting from the fault or negligence loss of customer or a third party; improper or unauthorized use of the Products; repair Product or any associated equipment, loss of Products by a party or damage to other than NetScout or its authorized contractor; a force majeure event and any causes external property due to the Product such as power failure or electric power surge; modification to factory default configurations; or use malfunction of the Products in combination with equipment Product, costs of substitute equipment, loss due to downtime cost, whether due to breach of warranty, strict liability, product liability, the negligence of AquaNova, or software otherwise, even if AquaNova is aware of the possibility of such damages. In no event shall any recovery against AquaNova exceed the actual price paid for the purchase of the Product. Without limiting the generality of the foregoing, you assume all risk and liability for loss, damage or injury to you and your property and to any third parties and their property arising out of the use, misuse or inability to use the Product not supplied caused directly by NetScout or recommended the negligence of AquaNova. You agree and acknowledge that XxxxXxxx’s exclusions and limitations of liability are reasonable in the Product Documentation. Functional upgrades such as faster processors, increased memory / flash, etc. are not covered under MasterCare or Gold Support and are separately chargeable at the then-current list pricecircumstances.

Appears in 1 contract

Samples: www.aquasanaapac.com

Limitations and Exclusions. Unless otherwise agreed This warranty applies only to in writing products manufactured for GROHE after September 1, 2016 and purchased by NetScout, Product is eligible for Maintenance support services provided such Product remains in the location to which such Product was originally shippedoriginal consumer-purchaser in, and with respect to Hardwareinstalled in, provided such Hardware is within either the applicable Hardware coverage periodUnited States, Canada, or Mexico. If customer moves This warranty applies only if the Product from one location to another (“Product Relocation”)product was properly installed, customer (a) does so at customer’s own riskmounted, loss and expenseoperated, (b) is responsible for obtaining all necessary licenses to export, re-export or import the Productcared for, and (c) will indemnifycleaned, defend and hold NetScout harmless from and against irrespective of whether installation and/or mounting is performed by a qualified specialist fitter or the original consumer-purchaser. This warranty shall not apply to any and all claimsproducts or spare parts: not properly installed, demandscared for, suitsmaintained, actions, damages, liabilities, fines, penalties, losses, and expenses including without limitation attorneys’ fees and disbursements and court costs (collectively, “Claims”) arising from Product Relocation. Failure to notify NetScout of Product Relocation may result in an inability for NetScout to perform its warranty obligations or Maintenance repaired in accordance with this Maintenance DescriptionGROHE’s instructions, and NetScout will valid water regulations, and/or best plumbing practices; defective out of the box; not be liable for any Claims resulting from Product Relocation. NetScout is not obligated installed or removed; damaged due to provide Updates containing additional features and enhancements incorrect operation, handling, transportation, installation, breakage of fragile parts, or missing or incorrect maintenance; repaired or maintained by or with spare parts other than defect correctionsoriginal GROHE spare parts; scratched; used as displays; that are second hand; with affected consumables (such as batteries, filters, filter cartridges, aerators or batteries) or material subject to wear and tear (such as seals); damaged due to environmental influences or circumstances (such as chemicals and cleaning agents, pressure in the line, or voltage), lime scale or disruptions to provide MasterCare or Gold Support on Software beyond two (2) releases back from the current version. NetScout is not liable for delays caused by third parties. Geographical restrictions or limitations may apply ice and/or lime; damaged due to the Maintenance support services described herein and such services may not be available in all areas. Onsite repair may be provided by a third party and subject to parts availability. Same day service is not available in all areas. If customer has a party other than NetScout make repairs to the Products, such acts will void any warranty related to the Products. NetScout is not obligated to provide Maintenance support services with respect to claims resulting from the fault willfulness or negligence of by the end customer or a third third- party; improper or unauthorized use purchased on auction sites (either consumer-to-consumer or second hand). With the exception of missing component parts, notice of which must be given within thirty (30) days of purchase, notification must be given within a reasonable time after discovery of the Products; repair of Products by a party other defect, but no later than NetScout or its authorized contractor; a force majeure event and any causes external to the Product such as power failure or electric power surge; modification to factory default configurations; or use expiration of the Products in combination with equipment warranty period. This warranty is non-transferable. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. XXXXX WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE, EXPENSE OR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED ON WARRANTY, CONTRACT OR NEGLIGENCE AND ARISING IN CONNECTION WITH THE SALE, USE OR REPAIR OF ANY PRODUCTS OR PARTS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL DAMAGE OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. This warranty gives the original consumer-purchaser specific legal rights which may vary from country to country, state to state, or software province to province. In some countries, states, or provinces, the exclusion or limitation of incidental or consequential damages is not supplied by NetScout allowed, so those exclusions may not apply. UNLESS OTHERWISE CONTRARY TO THE LAW GOVERNING THE PURCHASE, GROHE’S LIABILITY WILL NOT EXCEED THE CONTRACT PRICE FOR THE PRODUCT CLAIMED TO BE DEFECTIVE. SUBMITTING A WARRANTY CLAIM: To submit a warranty claim, the original purchaser-owner should submit the information listed below to GROHE Customer Service at us- xxxxxxxxxxxxxxx@xxxxx.xxx or recommended in through our website at xxxxx://xxx.xxxxx.xxx/us/5685/services- for-you/warranties/. Telephone inquiries may be directed to (000) 000-0000. • Product/model number; • Proof-of-purchase (copy of original sales receipt, purchase order, or invoice showing the Product Documentation. Functional upgrades such as faster processors, increased memory / flash, etc. are not covered under MasterCare or Gold Support and are separately chargeable at the then-current list price.date of purchase); • Documentation confirming date of installation; and

Appears in 1 contract

Samples: Sense And

Limitations and Exclusions. Unless otherwise agreed Any goods or Services provided outside of the explicit scope of those set forth in this Exhibit are billable at Hill-Rom’s current fee for Service rates with a four (4) hour minimum. Such rates are inclusive of travel and expenses. The warranties stated herein are not transferable and apply only to Hill-Rom Provided Components and Licensed Software installed by Hill-Rom or an authorized Hill-Rom representative. THE WARRANTIES STATED ABOVE IN SECTIONS I AND II ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HILL-ROM DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCT OR THE SERVICES PROVIDED HEREUNDER WILL BE ERROR FREE OR UNINTERRUPTED. HILL-ROM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES INCLUDING LOST REVENUES AND LOST PROFITS EVEN IF NOTIFIED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. HILL-ROM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO CENTRAK EQUIPMENT OR CENTRAK SOFTWARE (SET FORTH AT EXHBIT B). XXXX-ROM DOES NOT WARRANT THAT THE CENTRAK EQUIPMENT OR CENTRAK SOFTWARE WILL PERFORM ERROR FREE OR UNINTERRUPTED. HILL-ROM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES INCLUDING LOST REVENUES AND LOST PROFITS EVEN IF NOTIFIED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Exhibit B applies only if the Proposal reflects a purchase of the Enhanced Staff Locating module, made available with Voalte Nurse Call. This exhibit may be disregarded if Customer is not purchasing Enhanced Staff Locating. Certain Third Party Programs and equipment incorporated in writing by NetScoutor used with the Product may be subject to the terms and conditions set forth in pass-through provisions or end user license agreements from the third party suppliers of such products. CenTrak, Product Inc. is eligible for Maintenance support services provided such Product remains in the location manufacturer of the Enhanced Staff Locating component of the Voalte Nurse Call system. Customer’s use of the CenTrak Equipment and CenTrak Software are subject to which such Product was originally shippedthe End User License Agreement, warranty and limitations, and with respect to Hardwaremandatory software maintenance pass through provisions set forth here at Exhibit B. Exhibit B shall be incorporated into the Agreement, provided such Hardware is within if Customer purchases the applicable Hardware coverage periodEnhanced Staff Locating feature. If customer moves the Product from one location to another EXHIBIT B PASS-THROUGH PROVISIONS CENTRAK END USER LICENSE AGREEMENT & WARRANTY THIS END USER LICENSE AGREEMENT (“Product RelocationXXXX”) sets forth the respective rights and responsibilities as between End User and CenTrak, Inc., a Delaware corporation (“CenTrak”), customer (a) does so at customer’s own risk, loss and expense, (b) is responsible for obtaining all necessary licenses to export, re-export or import the Product, and (c) will indemnify, defend and hold NetScout harmless from and against any and all claims, demands, suits, actions, damages, liabilities, fines, penalties, losses, and expenses including without limitation attorneys’ fees and disbursements and court costs (collectively, “Claims”) arising from Product Relocation. Failure to notify NetScout of Product Relocation may result in an inability for NetScout to perform its warranty obligations or Maintenance in accordance with this Maintenance Description, and NetScout will not be liable for any Claims resulting from Product Relocation. NetScout is not obligated to provide Updates containing additional features and enhancements other than defect corrections, or to provide MasterCare or Gold Support on Software beyond two (2) releases back from the current version. NetScout is not liable for delays caused by third parties. Geographical restrictions or limitations may apply relative to the Maintenance support services described herein and such services may not be available in all areas. Onsite repair may be provided by a third party and subject to parts availability. Same day service is not available in all areas. If customer has a party other than NetScout make repairs to the Products, such acts will void any warranty related to the Products. NetScout is not obligated to provide Maintenance support services with respect to claims resulting from the fault or negligence of customer or a third party; improper or unauthorized use of the Products; repair of Products by a party other than NetScout or its authorized contractor; a force majeure event and any causes external to the Product such as power failure or electric power surge; modification to factory default configurations; or use of the Products in combination with equipment or software not supplied by NetScout or recommended in the Product Documentation. Functional upgrades such as faster processors, increased memory / flash, etc. are not covered under MasterCare or Gold Support and are separately chargeable at the then-current list priceCenTrak Software.

Appears in 1 contract

Samples: Terms and Conditions

Limitations and Exclusions. Unless otherwise agreed Any goods or Services provided outside of the explicit scope of those set forth in this Exhibit are billable at Hill-Rom’s current fee for Service rates with a four (4) hour minimum. Such rates are inclusive of travel and expenses. The warranties stated herein are not transferable and apply only to Hill-Rom Provided Components and Licensed Software installed by Hill-Rom or an authorized Hill-Rom representative. THE WARRANTIES STATED ABOVE IN SECTIONS I AND II ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HILL-ROM DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCT OR THE SERVICES PROVIDED HEREUNDER WILL BE ERROR FREE OR UNINTERRUPTED. HILL-ROM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES INCLUDING LOST REVENUES AND LOST PROFITS EVEN IF NOTIFIED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. HILL-ROM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO CENTRAK EQUIPMENT OR CENTRAK SOFTWARE (SET FORTH AT EXHBIT B). HILL-ROM DOES NOT WARRANT THAT THE CENTRAK EQUIPMENT OR CENTRAK SOFTWARE WILL PERFORM ERROR FREE OR UNINTERRUPTED. HILL-ROM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES INCLUDING LOST REVENUES AND LOST PROFITS EVEN IF NOTIFIED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Exhibit B applies only if the Proposal reflects a purchase of the Enhanced Staff Locating module, made available with Voalte Nurse Call. This exhibit may be disregarded if Customer is not purchasing Enhanced Staff Locating. Certain Third Party Programs and equipment incorporated in writing by NetScoutor used with the Product may be subject to the terms and conditions set forth in pass-through provisions or end user license agreements from the third party suppliers of such products. CenTrak, Product Inc. is eligible for Maintenance support services provided such Product remains in the location manufacturer of the Enhanced Staff Locating component of the Voalte Nurse Call system. Customer’s use of the CenTrak Equipment and CenTrak Software are subject to which such Product was originally shippedthe End User License Agreement, warranty and limitations, and with respect to Hardwaremandatory software maintenance pass through provisions set forth here at Exhibit B. Exhibit B shall be incorporated into the Agreement, provided such Hardware is within if Customer purchases the applicable Hardware coverage periodEnhanced Staff Locating feature. If customer moves the Product from one location to another EXHIBIT B PASS-THROUGH PROVISIONS CENTRAK END USER LICENSE AGREEMENT & WARRANTY THIS END USER LICENSE AGREEMENT (“Product RelocationXXXX”) sets forth the respective rights and responsibilities as between End User and CenTrak, Inc., a Delaware corporation (“CenTrak”), customer (a) does so at customer’s own risk, loss and expense, (b) is responsible for obtaining all necessary licenses to export, re-export or import the Product, and (c) will indemnify, defend and hold NetScout harmless from and against any and all claims, demands, suits, actions, damages, liabilities, fines, penalties, losses, and expenses including without limitation attorneys’ fees and disbursements and court costs (collectively, “Claims”) arising from Product Relocation. Failure to notify NetScout of Product Relocation may result in an inability for NetScout to perform its warranty obligations or Maintenance in accordance with this Maintenance Description, and NetScout will not be liable for any Claims resulting from Product Relocation. NetScout is not obligated to provide Updates containing additional features and enhancements other than defect corrections, or to provide MasterCare or Gold Support on Software beyond two (2) releases back from the current version. NetScout is not liable for delays caused by third parties. Geographical restrictions or limitations may apply relative to the Maintenance support services described herein and such services may not be available in all areas. Onsite repair may be provided by a third party and subject to parts availability. Same day service is not available in all areas. If customer has a party other than NetScout make repairs to the Products, such acts will void any warranty related to the Products. NetScout is not obligated to provide Maintenance support services with respect to claims resulting from the fault or negligence of customer or a third party; improper or unauthorized use of the Products; repair of Products by a party other than NetScout or its authorized contractor; a force majeure event and any causes external to the Product such as power failure or electric power surge; modification to factory default configurations; or use of the Products in combination with equipment or software not supplied by NetScout or recommended in the Product Documentation. Functional upgrades such as faster processors, increased memory / flash, etc. are not covered under MasterCare or Gold Support and are separately chargeable at the then-current list priceCenTrak Software.

Appears in 1 contract

Samples: Terms and Conditions

Limitations and Exclusions. Unless otherwise agreed Any goods or Services provided outside of the explicit scope of those set forth in this Exhibit are billable at Hill-Rom’s current fee for Service rates with a four (4) hour minimum. Such rates are inclusive of travel and expenses. The warranties stated herein are not transferable and apply only to Hill-Rom Provided Components and Licensed Software installed by Hill-Rom or an authorized Hill-Rom representative. THE WARRANTIES STATED ABOVE IN SECTIONS I AND II ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HILL-ROM DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCT OR THE SERVICES PROVIDED HEREUNDER WILL BE ERROR FREE OR UNINTERRUPTED. HILL-ROM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES INCLUDING LOST REVENUES AND LOST PROFITS EVEN IF NOTIFIED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. HILL-ROM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO CENTRAK EQUIPMENT OR CENTRAK SOFTWARE (SET FORTH AT EXHBIT B). XXXX-ROM DOES NOT WARRANT THAT THE CENTRAK EQUIPMENT OR CENTRAK SOFTWARE WILL PERFORM ERROR FREE OR UNINTERRUPTED. HILL-ROM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES INCLUDING LOST REVENUES AND LOST PROFITS EVEN IF NOTIFIED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. EXHIBIT B BUSINESS ASSOCIATE ADDENDUM WHEREAS, Hill-Rom will perform certain services (the “Services”) to Customer (hereinafter referred to as “Covered Entity” under this Exhibit C) in writing by NetScoutconnection with Hill-Rom’s license, sale and/or service of a Product is eligible for Maintenance support services provided such Product remains as more particularly described in the location Proposal. Such services may involve the disclosure by Covered Entity to Hill-Rom of certain data which such Product was originally shippedmay include Protected Health Information, and with respect to Hardware, provided such Hardware as that term is within the applicable Hardware coverage period. If customer moves the Product from one location to another defined at 45 C.F.R. § 160.103 (“Product Relocation”), customer (a) does so at customer’s own risk, loss and expense, (b) is responsible for obtaining all necessary licenses to export, re-export or import the Product, and (c) will indemnify, defend and hold NetScout harmless from and against any and all claims, demands, suits, actions, damages, liabilities, fines, penalties, losses, and expenses including without limitation attorneys’ fees and disbursements and court costs (collectively, “ClaimsPHI”) arising from Product Relocation. Failure to notify NetScout of Product Relocation may result in an inability for NetScout to perform its warranty obligations or Maintenance in accordance with this Maintenance Description, and NetScout will not be liable for any Claims resulting from Product Relocation. NetScout is not obligated to provide Updates containing additional features and enhancements other than defect corrections, or to provide MasterCare or Gold Support on Software beyond two (2) releases back from the current version. NetScout is not liable for delays caused by third parties. Geographical restrictions or limitations may apply to the Maintenance support services described herein and such services may not be available in all areas. Onsite repair may be provided by a third party and subject to parts availability. Same day service is not available in all areas. If customer has a party other than NetScout make repairs to the Products, such acts will void any warranty related to the Products. NetScout is not obligated to provide Maintenance support services with respect to claims resulting from the fault or negligence of customer or a third party; improper or unauthorized use of the Products; repair of Products by a party other than NetScout or its authorized contractor; a force majeure event and any causes external to the Product such as power failure or electric power surge; modification to factory default configurations; or use of the Products in combination with equipment or software not supplied by NetScout or recommended in the Product Documentation. Functional upgrades such as faster processors, increased memory / flash, etc. are not covered under MasterCare or Gold Support and are separately chargeable at the then-current list price.;

Appears in 1 contract

Samples: Terms and Conditions

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