Limited Warranties and Disclaimers. Tintri and its agents, suppliers, and licensors make no representation or warranty with respect to any Software under this Agreement. Any warranty for the Software is as set forth in the Tintri standard Limited Warranties published at xxxxx://xxxxxx.xxx/company/support/vmstore- support/ (the “Limited Warranties”), which warranties, as they may be changed by Tintri from time to time, are hereby incorporated by reference into this Agreement. For clarity, the applicable warranty period(s) set forth in Tintri’s Limited Warranties commence as of the date You accept the terms and conditions of this Agreement or otherwise install or use the Software (“Effective Date”), and will not reset upon the commencement of any Renewal Term (as defined in Section 9). EXCEPT AS MAY BE EXPRESSLY MADE IN THE LIMITED WARRANTIES BY TINTRI, TINTRI AND ITS AGENTS, SUPPLIERS, AND LICENSORS DO NOT MAKE, AND HEREBY EXPRESSLY DISCLAIM, ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILIY, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO CUSTOMER. TINTRI AND ITS AGENTS, SUPPLIERS, AND LICENSORS DO NOT WARRANT THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE. CUSTOMER ACKNOWLEDGES THAT, IN CONNECTION WITH THE INSTALLATION, USE AND SUPPORT OF THE SOFTWARE, INFORMATION MAY BE TRANSMITTED OVER THE INTERNET AND OTHER DEVICES OWNED, MAINTAINED, AND SERVICED BY THIRD PARTIES, ALL OF WHICH ARE BEYOND CONTROL AND JURISDICTION OF TINTRI AND ITS AGENTS. ACCORDINGLY, NEITHER TINTRI NOR ANY OF ITS AGENTS OR SUPPLIERS NOR ANY THIRD PARTY PROVIDING LICENSES TO THE SOFTWARE ASSUMES ANY LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE SOFTWARE. NEITHER TINTRI NOR ANY OF ITS AGENTS OR SUPPLIERS NOR ANY THIRD PARTY PROVIDING LICENSES TO THE SOFTWARE (A) MAKES ANY WARRANTY OR ASSUMES ANY LIABILITY REGARDING THE AVAILABILITY, RELIABILITY, OR SUITABILITY OF ANY INTERNET SERVICE PROVIDER OR DIGITAL SUBSCRIBER LINE SERVICES, (B) ASSUMES ANY LIABILITY FOR OR RELATING TO ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE SOFTWARE, INCLUDING WITHOUT LIMITATION CUSTOMER ...
Limited Warranties and Disclaimers. 12.1 The Subcontractor warrants that its Services will be performed in a professional and workmanlike manner consistent with generally accepted industry standards. This warranty shall be valid for ninety (90) days from performance of the relevant Service. Specific results from the provision of such Services will need to be assured or guaranteed by the Subcontractor.
12.2 To the maximum extent permitted by law, the warranty above is exclusive and in lieu of any conditions or warranties of any kind, whether express or implied, statutory or otherwise, with respect to this Agreement, or any Services provided by the Subcontractor to the Company, including, without limitation, any implied warranties of satisfactory quality and fitness for a particular purpose. IN PARTICULAR, THE SUBCONTRACTOR WARRANTS THAT THE SERVICES WILL MEET THE COMPANY’S AND THE CLIENT’S REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ALL SERVICE DEFECTS OR ERRORS WILL BE CORRECTED.
Limited Warranties and Disclaimers. Each party represents and warrants that it has the legal power to enter into this Agreement. EXCEPT AS PROVIDED IN THE PRECEDING SENTENCE AND IN SECTION 11.5 (WARRANTIES) BELOW, NEITHER PARTY MAKES IN THIS AGREEMENT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Limited Warranties and Disclaimers. 10.1 IBM represents and warrants to Empire that:
(a) IBM has all right and authority necessary to grant Empire the licenses and rights granted herein (including the rights granted in and to the Licensed Software with respect to the Third Party Products), and that such licenses and rights (taken as a whole) are not within the public domain or subject to any encumbrances or restrictions including but not limited to the assertion of moral rights and IBM has disclosed to Empire (in Attachment E hereto) all Third Party Products embedded in or included with the Licensed Works.
(b) The Licensed Works provided by IBM hereunder are not subject to any liens or encumbrances which would impair Empire's use of the Licensed Works in accordance with the terms hereof.
(c) IBM has all requisite power and authority to execute and deliver this Agreement (including all Attachments) and to perform its obligations under the Agreement.
(d) The Licensed Works (excluding the Third Party Products) as delivered to Empire do not infringe and that IBM shall perform its responsibilities under this Agreement in a manner that does not infringe any patent, copyright, trademark or other intellectual property right of any third party, nor constitute a misappropriation of any trade secret; and no claim has been brought against IBM or its suppliers alleging any of the foregoing.
(e) IBM will use Commercially Reasonable Efforts so that the Licensed Software, including any additional elements delivered to Empire during the Term (and any Modifications thereto) as delivered to Empire does not contain any Harmful Code.
(f) During the Warranty Period (defined below), the Licensed Works (including any Modifications thereto) will conform with Attachment A and the Software Specifications (including Empire's scalability requirements as described in Attachment A). IBM shall correct any deviations of the Licensed Works from Attachment A or the Software Specifications ("Errors") arising during such Warranty Period in accordance with Sections 2 and 3 of Attachment B; provided that during the first year after the Acceptance Date of the Licensed Works (the "Warranty Period"), if IBM is unable to correct such Errors after a reasonable number of repeated attempts, Empire's sole remedy under this Agreement (in addition to Empire's termination rights hereunder; Empire's rights to receive service level credits under the Master Services Agreement; and Empire's right to obtain the release of the Source Code Form of...
Limited Warranties and Disclaimers. 9.1 ICC warrants that:
(a) The ICare System will operate in accordance with its Documentation. If the ICare System fails such warranty, ICC’s sole obligation and Participant’s sole remedy will be for ICC to repair the defect or provide a reasonable work-around.
(b) ICC Services will be performed in a competent and professional manner in accordance with industry standards and practices and professional standards generally applicable to such services.
(c) Each of the ICC personnel and the subcontractors and agents they hire will have the proper skill, training, and background to perform his or her assigned tasks.
(d) The ICare System will accurately display Data as provided by Data Supplier. If the ICare System fails to accurately display such Data, ICC will repair the defect or provide a reasonable work-around.
9.2 ICC MAKES NO REPRESENTATION OR WARRANTY THAT THE DATA PROVIDED BY PARTICIPANTS WILL BE TIMELY, CORRECT, OR COMPLETE.
9.3 OTHER THAN AS EXPRESSLY SET FORTH IN THIS SECTION 9, ICC MAKES NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES TO PARTICIPANT REGARDING THE ICARE SYSTEM OR RELATED SERVICES, THE DATA MADE AVAILABLE THROUGH THE ICARE SYSTEM OR OTHERWISE REGARDING THIS AGREEMENT. ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT IS EXPRESSLY DISCLAIMED. ICC DOES NOT WARRANT THAT THE ICARE SYSTEM WILL OPERATE ERROR FREE, THAT IT WILL OPERATE UNINTERRUPTED, THAT IT WILL OPERATE IN COMBINATION WITH OTHER SOFTWARE NOT LICENSED OR SUBLICENSED BY ICC OR THAT ANY DEFECTS ARE CORRECTABLE. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF QUIET ENJOYMENT, ACCURACY OF THE DATA AND NON-INFRINGEMENT. THE DATA MADE AVAILABLE BY PARTICIPANTS THROUGH THE ICARE SYSTEM IS PROVIDED “AS IS” AND “AS AVAILABLE.” EACH OF PARTICIPANT AND ICC DISCLAIMS ANY AND ALL LIABILITY FOR ERRONEOUS TRANSMISSIONS AND LOSS OF SERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS, OR OTHER THIRD PARTIES OR DUE TO HARDWARE OR SOFTWARE FAILURES.
Limited Warranties and Disclaimers. (a) FMSU warrants that the Software or components thereof (excluding Updates for purposes of this Section 10) will perform substantially in accordance with the Documentation for a period of 90 days from the date that installation is completed, and the Hardware will perform substantially in accordance with the Documentation for a period of one year from the date that installation is completed. Should any failure to conform to these warranties occur during such respective periods, upon prompt written notice of the specific non-conformity from Customer, FMSU shall take one of the following actions, in its sole discretion and without cost to Customer: (i) repair such defective product; (ii) replace the defective product with a product of similar kind and quantity; or (iii) refund the purchase price of the defective product. FMSU does not warrant that: (w) the System will meet Customer’s requirements; (x) the Software or the Hardware will operate in combination with any Third Party Product or Pass Thru Product or other hardware, software, systems or data not provided by FMSU, except as expressly set forth in the Documentation; (y) the operation of the Software will be uninterrupted or error-free; or (z) all Software errors are correctable. If delivery or installation of the System or components thereof is delayed due to the fault of Customer, the warranty set forth in this Section 10(a) shall commence upon the originally scheduled installation date.
(b) The warranty set forth in Section 10(a) will not apply if: (i) either the Software or the Hardware is not used in accordance with this Agreement or the Documentation; (ii) either the Software or the Hardware, or any part thereof, has been modified by any entity other than FMSU; or (iii) a malfunction in the Software or the Hardware has been caused by any of Customer’s equipment or any products not acquired by Customer under the Configuration Quote.
(c) FMSU warrants that Maintenance Services and Services, as defined in Schedule A, shall be performed in a professional and workmanlike manner. For any breach of this service warranty, Customer’s sole and exclusive remedy, and FMSU’s entire liability therefor, shall be the re-performance of the non-conforming service. FMSU shall not be liable for any such breach of warranty unless Customer provides written notice of such breach to FMSU within 30 days of the performance of the services giving rise to such claim.
(d) With respect to Third Party Products and Pass-Thru P...
Limited Warranties and Disclaimers. ALL LICENSED MATERIALS ARE PROVIDED “AS IS.” WEDGE MAKES NO WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE, REGARDING ITS ACCURACY, COMPLETENESS OR PERFORMANCE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WEDGE SHALL NOT BE LIABLE FOR ANY CLAIMS, LOSSES OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, SUFFERED BY LICENSEE, ARISING FROM THE USE OF SOFTWARE. FURTHER, AND WITHOUT LIMITATION TO THE FOREGOING, WEDGE SHALL NOT BE LIABLE FOR ANY CLAIMS, LOSSES OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, SUFFERED BY LICENSEE, TO THE EXTENT IT WOULD NOT HAVE ARISEN BUT FOR LICENSEE’S FAILURE TO COMPLY WITH THE TERMS OF THIS AGREEMENT, AND LICENSEE AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS WEDGE FROM AND AGAINST ANY SUCH LIABILITY. IN NO EVENT SHALL LICENSEE BE LIABLE TO WEDGE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
Limited Warranties and Disclaimers. 7.1 ECi warrants that, at the time of delivery and for a period of ninety (90) days thereafter (the "Program Warranty Period"), each unmodified Program will operate in substantial conformity with applicable Documentation when operated as specified in such Documentation and as described in Section 4 of this Agreement.
7.2 ECi warrants that its Services will be performed consistent with generally accepted industry standards. This warranty shall be valid for ninety (90) days after the performance of such Services (the "Services Warranty Period").
7.3 For any breach of the warranties set forth in Sections 7.1 or 7.2, Customer’s sole and exclusive remedy and ECi’s sole and exclusive liability, shall be:
a. For Programs: So long as Customer has provided written notice to ECi no later than ten (10) days after the end of the Program Warranty Period , to provide a Correction for errors that ECi can reproduce and that caused the breach of the warranty.
Limited Warranties and Disclaimers. (a) Limited Warranty and Disclaimer of Other Warranties. SDHL will use its best efforts to correctly transmit data between Participants on a timely basis. SDHL makes no representation nor will warranty that the data delivered to the Participant be correct or complete. SDHL makes no warranty or representation regarding the accuracy or reliability of any information technology system used for the transfer. SDHL disclaims all warranties regarding any product, services, or resources provided by it, or data transmitted, pursuant to this Agreement including, but not limited to, any warranty of merchantability or fitness for a particular purpose.
Limited Warranties and Disclaimers. 14.1. The Sub-Contractor warrants that its Services will be performed in a professional and workmanlike manner consistent with generally accepted industry standards. This warranty shall be valid for ninety (90) days from performance of the relevant Service or up to any other agreed time specified in the Service Order in Schedule 2. Specific results from the provision of such Services will need to be assured or guaranteed by the Sub- Contractor.
14.2. To the maximum extent permitted by law, the warranty above is exclusive and in lieu of any conditions or warranties of any kind, whether express or implied, statutory or otherwise, with respect to this Agreement, or any Services provided by the Sub- Contractor to the Company, including, without limitation, any implied warranties of satisfactory quality and fitness for a particular purpose. In particular, the Sub-Contractor warrants that the services will meet the company's and the client's requirements, that the operation of the service will be uninterrupted or error-free or that all service defects or errors will be corrected.
14.3. The Sub-Contractor's Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: to cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
