Common use of Limited Warranties and Remedies Clause in Contracts

Limited Warranties and Remedies. We warrant that (a) the Hosted Service will perform in substantial conformance with the technical specifications set forth in the Documentation during a Subscription Term; and (b) the materially functionality of the Hosted Service will not decrease during a Subscription Term; and (c) our employees and contractors will perform any services listed on an Order in a manner conforming to generally accepted industry standards and practices. For any breach of the warranties set forth in subsections (a) or (b) above, Your exclusive remedy, and our entire liability, will be (i) the correction of the Hosted Service errors that caused the breach of the warranty; or (ii) if such correction cannot be reasonably effected by us, the termination of this Agreement and all Orders and the refund of any unused, prepaid fees paid for the Hosted Service. For any breach of the warranty set forth in subsection (c) above, Your exclusive remedy and our entire liability will be re- performance of the services at no cost to you. Each party warrants that any individual who signs this Agreement and any Order governed by the Agreement on behalf of such party has the authority to enter into this Agreement or any such Order on behalf of such party, and that it will comply with all applicable statutes, laws, rules and regulations in the exercise of its rights and the performance of its obligations under this Agreement.

Appears in 3 contracts

Samples: Software Subscription Terms and Conditions, Software Subscription Terms and Conditions, Software Subscription Terms and Conditions

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Limited Warranties and Remedies. We warrant that (a) the Hosted Service will perform in substantial conformance with the technical specifications functions set forth in the Documentation TrueProject product information as occasionally amended during a Subscription Term; and (b) the materially functionality of the Hosted Service will not decrease during a Subscription Term; and (c) our employees and contractors will perform any services listed on an Order in a manner conforming to generally accepted industry standards and practices. For any breach of the warranties set forth in subsections subsection (a) or (b) above, Your exclusive remedy, and our entire liability, will be (i) the correction of the Hosted Service errors that caused the breach of the warranty; or (ii) if such correction cannot be reasonably effected by us, the termination of this Agreement and all Orders and the refund of any unused, prepaid fees paid for the Hosted Service. For any breach of the warranty set forth in subsection (c) above, Your exclusive remedy and our entire liability will be re- performance of the services at no cost to you. Each party warrants that any individual who signs this Agreement and any Order governed by the Agreement on behalf of such party has the authority to enter into this Agreement or any such Order on behalf of such party, and that it will comply with all applicable statutes, laws, rules and regulations in the exercise of its rights and the performance of its obligations under this Agreement.

Appears in 3 contracts

Samples: Software Subscription Terms and Conditions, Software Subscription Terms and Conditions, Software Subscription Terms and Conditions

Limited Warranties and Remedies. We warrant that (a) the Hosted Service will perform in substantial conformance with the technical specifications functions set forth in the Documentation TrueProject product information as occasionally amended during a Subscription Term; and (b) the materially functionality of the Hosted Service will not decrease during a Subscription Term; and (c) our employees and contractors will perform any services listed on an Order in a manner conforming to generally accepted industry standards and practices. For any breach of the warranties set forth in subsections subsection (a) or (b) above, Your exclusive remedy, and our entire liability, will be (i) the correction of the Hosted Service errors that caused the breach of the warranty; or (ii) if such correction cannot be reasonably effected by us, the termination of this Agreement and all Orders and the refund of any unused, prepaid fees paid for the Hosted Service. For any breach of the warranty set forth in subsection (c) above, Your exclusive remedy and our entire liability will be re- the re-performance of the services at no cost to you. Each party warrants that any individual who signs this Agreement and any Order governed by the Agreement on behalf of such party has the authority to enter into this Agreement or any such Order on behalf of such party, and that it will comply with all applicable statutes, laws, rules and regulations in the exercise of its rights and the performance of its obligations under this Agreement.

Appears in 2 contracts

Samples: Trueproject Software Subscription Terms and Conditions, Software Subscription Terms and Conditions

Limited Warranties and Remedies. We warrant that (a) the Hosted Service will perform in substantial conformance with the technical specifications set forth in the Documentation during a Subscription Term; and (b) the materially functionality of the Hosted Service will not decrease during a Subscription Term; and (c) our employees and contractors will perform any services listed on an Order order in a manner conforming to generally accepted industry standards and practices. For any breach of the warranties set forth in subsections (a) or (b) above, Your your exclusive remedy, and our entire liability, will be (i) the correction of the Hosted Service errors that caused the breach of the warranty; or (ii) if such correction cannot be reasonably effected by us, the termination of this Agreement and all Orders orders and the refund of any unused, prepaid fees paid for the Hosted Service. For any breach of the warranty set forth in subsection (c) above, Your your exclusive remedy and our entire liability will be re- performance of the services at no cost to you. Each party warrants that any individual who signs this Agreement and any Order order governed by the Agreement on behalf of such party has the authority to enter into this Agreement or any such Order order on behalf of such party, and that it will comply with all applicable statutes, laws, rules and regulations in the exercise of its rights and the performance of its obligations under this Agreement.

Appears in 1 contract

Samples: Cloud Subscription Terms and Conditions

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Limited Warranties and Remedies. We SKPI warrant that (a) the Hosted Service will perform in substantial conformance with the technical specifications set forth in the Documentation during a Subscription Term; and (b) the materially functionality of the Hosted Service will not decrease during a Subscription Term; and (c) our SKPI employees and contractors will perform any services listed on an Order order in a manner conforming to generally accepted industry standards and practices. For any breach of the warranties set forth in subsections (a) or (b) above, Your your exclusive remedy, and our SKPI entire liability, will be (i) the correction of the Hosted Service errors that caused the breach of the warranty; or (ii) if such correction cannot be reasonably effected by us, the termination of this Agreement and all Orders orders and the refund of any unused, prepaid fees paid for the Hosted Service. For any breach of the warranty set forth in subsection (c) above, Your your exclusive remedy and our SKPI entire liability will be re- performance of the services at no cost to you. Each party warrants that any individual who signs this Agreement and any Order order governed by the Agreement on behalf of such party has the authority to enter into this Agreement or any such Order order on behalf of such party, and that it will comply with all applicable statutes, laws, rules and regulations in the exercise of its rights and the performance of its obligations under this Agreement.

Appears in 1 contract

Samples: Terms and Conditions

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