Limited Service Warranty. EDDYFI agrees to perform service for Customer on the expressed condition that EDDYFI’s sole obligation will be that the service will be performed in a professional and competent manner and will be of the kind and quality described in the EDDYFI quotation. EDDYFI does not warrant the fitness, suitability or condition of Customer’s equipment upon which EDDYFI services are performed. If there is a specific problem with the quality of the service performed, Customer shall inform EDDYFI in writing and, if feasible, the service will be re-performed at no additional charge. In the event corrective services are performed by EDDYFI, Customer must provide adequate access to the equipment to allow EDDYFI to perform these services. Any additional costs incurred to provide access to the equipment will be the responsibility of the Customer. If re-performance of the service is not feasible, EDDYFI and Customer shall negotiate in good faith to arrive at an equitable solution. REGARDLESS OF WHETHER UNDER CONTRACT OR TORT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY, THE LIMITED PRODUCT AND SERVICES WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE SHALL APPLY. THE LIMITED PRODUCT WARRANTY AND THE LIMITED SERVICE WARRANY ARE THE SOLE LIABILITY OF EDDYFI WITH REGARD TO ITS PRODUCTS AND SERVICES.
Limited Service Warranty. (i) We warrant that we will deliver and perform the Services in a good and workmanlike manner consistent with applicable industry standards and the functional requirements and technical specifications set forth in the Ordering Documents.
Limited Service Warranty. NeuLion warrants that the Service will operate according to the specifications published by NeuLion. If it is determined that the Service does not operate according to such specifications, NeuLion’s only responsibility will be to use its best efforts, consistent with industry standards, to cure the defect. EXCEPT AS SET FORTH HEREIN, NO OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILTY AND FITNESS FOR A PARTICULAR PURPOSE, ARE MADE BY NEULION. IN NO EVENT WILL NEULION BE LIABLE TO COMPANY OR ANY OTHER PARTY FOR ANY LOSS, INCLUDING TIME, MONEY, GOODWILL, LOST PROFITS AND CONSEQUENTIAL DAMAGES BASED ON CONTRACT, TORT OR OTHER LEGAL THEORY, WHICH MAY ARISE HEREUNDER OR FROM THE USE OR OPERATION OF THE SERVICE.
Limited Service Warranty. During the Warranty Period, Webroot warrants that the Service, when used as permitted in this Agreement, will operate substantially as described in the Documentation. Webroot’s sole liability (and Customer’s exclusive remedy) for any breach of this warranty will be, in Webroot’s sole discretion, to use commercially reasonable efforts: (A) to provide Customer with an error-correction or work-around that corrects the reported non-conformity; (B) to replace the non-conforming features of the Service with conforming features; or (C) if Webroot determines such remedies to be impracticable within a reasonable period of time, to terminate the Agreement and refund the Fees paid for the Service that are attributable to the period of non-conformance. Webroot will have no obligation with respect to a warranty claim unless notified of such claim within the Warranty Period. The above warranty will not apply: (U) to any non-conformity caused in whole or in part by failure of Equipment, which will instead be governed by Section 3; (V) in any way to Third Party Software, Open Source Software, or GeoIP Databases; (W) if the Service or Enabling Software are not used in compliance with the terms of the Documentation or Subscription Documents; (X) if any modifications are made to the Enabling Software or Service by Customer or any third party, unless expressly permitted in the Documentation; (Y) to defects due to accident, abuse, or improper use of the Service or Enabling Software; or (Z) to Evaluation Services. FOR THE AVOIDANCE OF DOUBT, THE FOREGOING WARRANTY DOES NOT APPLY TO THIRD PARTY SOFTWARE, OPEN SOURCE SOFTWARE, OR GEOIP DATABASES, WHICH ARE PROVIDED “AS IS”.
Limited Service Warranty. Tripwire warrants that the Service shall perform materially in accordance with the Documentation and the functionality of the Service will not be materially decreased during the Subscription Term. The foregoing warranty does not apply to any Service provided under Section 5 for EAP or Evaluation Use or Free Trials, which is provided AS-IS with no warranty. CUSTOMER’S EXCLUSIVE REMEDY FOR A BREACH OF THIS SECTION 8.1 SHALL BE AS PROVIDED IN SECTION 11.2 (EFFECT OF TERMINATION). Tripwire shall not be responsible to the extent that a failure of the Service to operate as warranted is caused by or results from: (a) modification of the Service by anyone other than Tripwire or Tripwire’s authorized representatives;
Limited Service Warranty. LogRhythm warrants that the Services will be provided with all reasonable care and skill in accordance with Good Professional Practice. "Good Professional Practice" means practices, methods and procedures which would be commensurate with those practices, methods and procedures adopted by a supplier of services the same as or similar to the Services, and exercising in the general conduct of its undertaking that degree of skill, diligence, prudence and foresight which would ordinarily and reasonably be expected from such a supplier.
Limited Service Warranty. Upon completion of Implementation Services and for the remainder of the Term, Impartner warrants that the Licensed Services will operate without a Documented Defect (the “Performance Warranty”). “Documented Defect” means a material deviation between the then-current, general release version of the Licensed Services and Documentation. Customer shall promptly notify Impartner of a Documented Defect, and Impartner will use commercially reasonable efforts to promptly repair the Documented Defect. In the event a Documented Defect cannot be repaired within thirty (30) days from the receipt of notice through no fault of Customer, then Customer may terminate those specific services upon notice to Impartner and receive a pro rata refund for the specific Licensed Services that are affected. For clarity, "fault,” as used in the preceding sentence, shall include any unreasonably delayed response/s by Customer to any reasonable implementation-related requests from Impartner. The remedy in this Section 8.1 shall be Customers exclusive remedy for breaches of the Performance Warranty.
Limited Service Warranty. Honeywell warrants that the Services shall be performed in a good and workmanlike manner and upon return shipment of the Product to Customer; any material included in the Services shall be free from defects under normal and proper use. Honeywell reserves the right to use new or refurbished parts and products in connection with the Services. Honeywell’s liability under this Service warranty is limited to Products returned as directed by Honeywell, transportation prepaid, to Honeywell’s designated Service facility within ninety (90) days after Service, and found by Honeywell to have failed to function solely because of Honeywell’s defective workmanship or Honeywell’s installation of defective materials during the applicable Service. Honeywell’s Service warranty is limited to repairing and returning said Products using new or refurbished parts and/or products. The Service warranty will be void for Products which have been: set up, operated and/or installed contrary to Honeywell’s product documentation; subjected to misuse, abuse, neglect (including without limitation failure to follow proper maintenance service and cleaning schedules), or intentional, reckless or malicious acts or omissions; used in a manner or for a purpose for which it was not designed, including without limitation use of the Product outside of its operational and environmental specifications; subjected to attempted or completed Product service, repair, disassembly, alteration or modification by Customer or unauthorized third party; subjected to accident or natural or man-made disasters (including without limitation fire, theft, water damage and floods) that would cause internal and external component damage or destruction; subjected to improper shipping or handling, improper installation, static electricity or electro-static discharge, or excessive voltage or current supplied to or drawn from interface connections. THE FOREGOING WARRANTY IS MADE AND ACCEPTED IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. TO THE EXTENT ALLOWABLE BY APPLICABLE LAW, HONEYWELL’S SOLE RESPONSIBILITY AND CUSTOMER’S SOLE REMEDY UNDER THIS SERVICE WARRANTY IS LIMITED TO THE REPAIR OR REPLACEMENT OF THE PRODUCT WITH NEW OR REFURBISHED PARTS OR PRODUCTS, AT HONEYWELL’S OPTION. ALL OTHER REMEDIES ARE DISCLAIMED, AND CUSTOMER HEREBY RELEASES HONEYWELL FROM ANY OBLIGATION OTHER ...
Limited Service Warranty a. Unless (1) otherwise specified on the Order Specification Form, or (ii) Client elects to execute a third party post warranty service agreement or maintenance agreement, (in which case the third party will provide all warranty and post warranty or maintenance coverage directly), VIVE warrants that for a period of thirty (30) days from the Installation Completion Date, that any workmanship provided by VIVE will be of commercially reasonable quality in accordance with generally accepted industry practices that are standard within the software and telecommunication services industry. Any claim for breach of VIVE’s warranties under this Section must be made, by written notice to VIVE, within thirty (30) days following the Installation Completion Date of the Products. Client’s exclusive remedy and VIVE’s entire liability under this warranty will be for VIVE to, at its option, re-perform any non- conforming portion of the Services, within a reasonable period of time, or if VIVE cannot remedy the breach during such time period then refund the portion of the Purchase Price attributable to such non-conforming portion of the Services.
Limited Service Warranty. Roambee warrants that during an applicable Subscription Term the Services will perform materially in accordance with the applicable Documentation. For any breach of this warranty, Customer’s exclusive remedies are those described in the “Termination” and “Refund or Payment upon Termination” sections below.
