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.
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. (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.
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. 10.1 Seller hereby warrants to Buyer that, at the time of Closing, Seller will transfer to Buyer good, legal and merchantable title to the Engine, free and clear of any and all Liens.
Limited Warranties and Disclaimers. 9.1 ICC warrants that:
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.
Limited Warranties and Disclaimers. Subject to the limitations in this Section 9, Pavilion warrants that for a period of ninety (90) days from Commissioning of the Software solution (the “As-Documented Warranty Period”) the Software will operate in accordance with the applicable Pavilion documentation (the “As-Documented Warranty”). The As-Documented Warranty is made for the Customer’s benefit only and does not apply to: (a) the extent the breach is caused by the use of the Software as modified by any person other than Pavilion if there would not have been a breach by the use of the unmodified Software; (b) use of the Software other than in accordance with the documentation; (c) errors or bugs caused by defects, problems or failures of hardware or software not provided by Pavilion; and (d) errors or bugs caused by the action or inaction of any person other than Pavilion. No instance of noncompliance with the As-Documented Warranty will be deemed a breach of such warranty unless reported in writing as described in this Section 9. Pavilion does not warrant uninterrupted or error free operation or that the Software will work with Customer’s hardware, systems, and other software. This warranty does not apply to any third party software provided by Pavilion for use with the Software. Customer will promptly notify Pavilion prior to the end of the As-Documented Warranty Period if the Software substantially fails to perform the material functions during the As-Documented Warranty Period and provide such assistance as reasonably required by Pavilion to enable Pavilion to diagnose and replicate the nonconformity. Such notice will provide Pavilion with a reasonable description of the alleged noncompliance. If Pavilion is able to verify that such failure is caused by errors in the Software as provided by Pavilion, Pavilion will use commercially reasonable efforts to correct the nonconformity within a reasonable period of time following such verification. If Pavilion is unable to correct the nonconformity within such time period, Pavilion may, in its sole discretion either, (a) replace the Software or (b) terminate the license and refund to Customer a pro-rata portion (computed over a 60 month period from the effective date of the applicable Schedule under which the affected Software was licensed) of all initial license fees paid for such Software. The remedies in this Section 9 are the sole and exclusive remedies for any breach of the As-Documented Warranty. Warranty satisfaction is available only if Pa...
Limited Warranties and Disclaimers. Seller only represents and warrants that the Products or Goods shall be free of defects in material and workmanship for a limited warranty period of three (3) months after delivery. Seller’s complete responsibility for its warranty is limited to the furnishing of sufficient Products or Goods to replace defective Products or Goods. SAID EXPRESSED WARRANTIES ARE THE SOLE WARRANTIES PROVIDED AND SELLER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNLESS OTHERWISE AGREED IN WRITING, SELLER MAKES NO REPRESENTATION OR WARRANTIES RELATING TO THE DESIGN OR SPECIFICATION OF THE PRODUCTS OR GOODS OR THE MATERIAL FROM WHICH THE PRODUCTS OR GOODS ARE MANUFACTURED; BUYER HEREBY ACKNOWLEDGING THAT DESIGN, SPECIFICATION, AND MATERIAL ARE SOLELY AND EXCLUSIVELY BUYER’S RESPONSIBILITY.
