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.
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 Service Documentation. Webroot’s sole liability (and End User’s exclusive remedy) for any breach of this warranty will be, in Webroot’s sole discretion, to use commercially reasonable efforts: (A) to provide End User 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 10; (V) in any way to Third-Party Software, Open Source Software, or GeoIP Databases; (W) if the Service is not used in compliance with the terms of the Service Documentation or Subscription Documents; (X) if any modifications are made to the Service by End User or any third party, unless expressly permitted in the Service Documentation or otherwise approved in writing by Webroot; (Y) to defects due to accident, abuse, or improper use of the Service; or (Z) to the Evaluation/Beta Service.
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. 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. 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. 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.
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;
(b) combination, operation or use of the Service with Customer’s or a third party's applications, software or systems, unless the foregoing were furnished by Tripwire; (c) abuse, willful misconduct or negligence by anyone other than Tripwire or Tripwire’s authorized representatives; or (d) use of the Service other than in accordance with the terms of this Agreement and/or the Documentation.
Limited Service Warranty. We warrant that any Equipment parts replaced or serviced as part of the Services will be free from defects in workmanship and material for a period of ninety (90) days from the date of replacement or service. As your sole and exclusive remedy for this warranty, we will replace (with new or equivalent re-conditioned parts), or at our option, repair at our expense, any Equipment parts which do not comply with the foregoing warranty, except for any part that fails through misuse, accident, natural disaster, neglect, failure to use in accordance with our instructions or the Operators Manual, or which was altered by unauthorized personnel. The determination of these exclusions will be made by us in our sole discretion. This Limited Warranty does not apply to disposable products used with the Equipment, as disposables products are not covered by this Agreement.
