Limited Express Warranty Sample Clauses

Limited Express Warranty. MODANO PTY LTD warrants that the SOFTWARE PRODUCT will perform substantially in accordance with the user guide that is either imbedded within the SOFTWARE PRODUCT or provided on the internet via MODANO PTY LTD’s website(s).
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Limited Express Warranty. If during the term of this Agreement, Distributor receives a defective product from Manufacturer, or sells and delivers to a third party a defective Product from its inventory which is subsequently returned to Distributor by such third party for replacement within 90 days, then Distributor shall immediately notify Manufacturer. The Distributor shall return the defective Product to the Manufacturer. If Manufacturer shall determinate that the Product forwarded to it by Distributor is, in fact, defective by reason of improper workmanship or material, the Manufacturer shall, at Manufacturer's option, credit the Distributors account in an amount equal to the purchase price paid by Distributor for such Product. Notwithstanding the foregoing, however, at no time shall Distributor accept or receive from any other third party, any part taken or removed from a Product for which a claim is being made under the Manufacturer's product warranty. In the event Distributor encounters any attempt to return such a part, Distributor shall notify the returning party to contact the Manufacturer direct for such part's replacement or repair.
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Limited Express Warranty. (a) For a period of one (1) year from the date of delivery to the Delivery Point (“Limited Warranty Period”), Seller warrants to Buyer that the Goods shall conform to the product descriptions/specifications set forth in Exhibit A and will be free from defect in manufacturing, materials, and workmanship (“Seller’s Limited Warranty”).
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Limited Express Warranty. RAASS warrants that the Software will perform substantially in accordance with the accompanying written materials for a period of twelve (12) months from the date of receipt of the distribution number of the License. XXXXX’x entire liability hereunder and your exclusive remedy shall be, at XXXXX’x option, either (a) return of the price paid or (b) repair or replacement of the RAASS Software that does not meet XXXXX’x Limited Express Warranty. This Limited Express Warranty is void if the failure of the RAASS Software has resulted from accident, Abuse, unauthorized amendments made to the Software or misapplication.
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Limited Express Warranty. Seller warrants for a period of 60 days from the date of delivery of the goods to Buyer that the goods supplied hereunder conform with the description herein stated. If within such period any such good shall be proved to Seller’s satisfaction not to conform to the description herein stated, any such good shall be repaired or replaced at Seller’s option. Such repair or replacement shall be Seller’s sole obligation and Xxxxx’s exclusive remedy hereunder and shall be conditioned upon Xxxxxx’s receiving written notice of any alleged nonconformance with description within 10 days after its discovery and, at Seller’s option, return of any such goods to Seller, F.O.B. its facility. This is Seller’s warranty to commercial customers. Buyer is not authorized to extend to its customers any warranty on behalf of Seller other than that set forth in this Section 7. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED; AND SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE. Seller is not the manufacturer of the goods described herein. Seller agrees to assign to Buyer any warranty, or the remainder of any such warranty, on such goods that Seller may have from the manufacturer. Buyer must submit any claim under any such warranty directly to the manufacturer. Seller is not liable, or otherwise responsible, for any replacement, repair, service or adjustment to be provided under, or pursuant to, any such manufacturer’s warranty.
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Limited Express Warranty. (i) Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. (ii) Provider warrants that during the subscription term, the Services will conform in all material respects as described in the Documentation, as updated from time-to-time.
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Related to Limited Express Warranty

  • Limited Warranty If Customer obtained the Software directly from TIBCO, then TIBCO warrants that for a period of thirty (30) days from the Purchase Date: (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current release.

  • Limited Warranties State Street represents and warrants that it is the owner of and has the right to grant access to the System and to provide the Remote Access Services contemplated herein. Because of the nature of computer information technology including, but not limited to, the use of the Internet, and the necessity of relying upon third party sources, and data and pricing information obtained from third parties, the System and Remote Access Services are provided “AS IS”, and the Customer and its Authorized Designees shall be solely responsible for the investment decisions, results obtained, regulatory reports and statements produced using the Remote Access Services. State Street and its relevant licensors will not be liable to the Customer or its Authorized Designees for any direct or indirect, special, incidental, punitive or consequential damages arising out of or in any way connected with the System or the Remote Access Services, nor shall either party be responsible for delays or nonperformance under this Addendum arising out of any cause or event beyond such party’s control. State Street will take reasonable steps to ensure that its products (and those of its third-party suppliers) reflect the available state of the art technology to offer products that are Year 2000 compliant, including, but not limited to, century recognition of dates, calculations that correctly compute same century and multi century formulas and date values, and interface values that reflect the date issues arising between now and the next one-hundred years, and if any changes are required, State Street will make the changes to its products at no cost to you and in a commercially reasonable time frame and will require third-party suppliers to do likewise. The Customer will do likewise for its systems. EXCEPT AS EXPRESSLY SET FORTH IN THIS ADDENDUM, STATE STREET, FOR ITSELF AND ITS RELEVANT LICENSORS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES CONCERNING THE SYSTEM AND THE SERVICES TO BE RENDERED HEREUNDER, WHETHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. Infringement State Street will defend or, at our option, settle any claim or action brought against the Customer to the extent that it is based upon an assertion that access to the System or use of the Remote Access Services by the Customer under this Addendum constitutes direct infringement of any patent or copyright or misappropriation of a trade secret, provided that the Customer notifies State Street promptly in writing of any such claim or proceeding and cooperates with State Street in the defense of such claim or proceeding. Should the System or the Remote Access Services or any part thereof become, or in State Street’s opinion be likely to become, the subject of a claim of infringement or the like under any applicable patent or copyright or trade secret laws, State Street shall have the right, at State Street’s sole option, to (i) procure for the Customer the right to continue using the System or the Remote Access Services, (ii) replace or modify the System or the Remote Access Services so that the System or the Remote Access Services becomes noninfringing, or (iii) terminate this Addendum without further obligation.

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