Limited Warranties and Warranty Disclaimer Sample Clauses

Limited Warranties and Warranty Disclaimer. (a) Licensor warrants that at all times during the Term: (i) the Software shall perform as described in the Documentation following the Effective Date; (ii) the Software does not contain any virus or other malicious code that would cause the Software to become inoperable or incapable of being used in accordance with the Documentation; (iii) the Software and Documentation shall not infringe, misappropriate, or otherwise violate any intellectual property right or other right of any person, nor shall the Software and Documentation violate any applicable law. THE FOREGOING WARRANTIES DO NOT APPLY, AND LICENSOR STRICTLY DISCLAIMS ALL WARRANTIES, WITH RESPECT TO ANY THIRD-PARTY PRODUCTS. (b) The warranties set forth in Section 8(a) do not apply and become null and void if Licensee knowingly breaches any material provision of this Agreement (beyond applicable notice and cure), or if Licensee any Authorized User, or any other person provided access to the Software by Licensee [or any Authorized User, whether or not in violation of this Agreement: (i) knowingly installs or uses the Software on or in connection with any hardware or software not specified in the Documentation [or expressly authorized by Licensor in writing; (ii) modifies or damages the Software; or (iii) misuses the Software, including any use of the Software other than as specified in the Documentation or expressly authorized by Licensor in writing. (c) If, during the period specified in Section 8(a), any Software fails to comply with the warranty in Section 8(a), and such failure is not excluded from warranty pursuant to Section 8(b), Licensor shall, subject to Licensee's promptly notifying Licensor in writing of such failure, at its sole option, either: (i) repair or replace the Software, provided that Licensee provides Licensor with all information Licensor requests to resolve the reported failure, including sufficient information to enable the Licensor to recreate such failure; or (ii) refund the Fees paid for such Software, subject to Licensee's ceasing all use of and, if requested by Licensor, returning to Licensor all copies of the Software. If Licensor repairs or replaces the Software, the warranty will continue to run from the Effective Date and not from Licensee's receipt of the repair or replacement. The remedies set forth in this Section 8(c) are Licensee's sole remedies and Licensor's sole liability under the limited warranty set forth in Section 8(a). (d) EXCEPT FOR THE LIMITED WARRANT...
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Limited Warranties and Warranty Disclaimer. (a) Blueforce warrants that, for a period of 90 days after the Delivery Date, the Software (including any Upgrades for which Blueforce does not require you to accept the terms of a replacement agreement, but excluding Updates) will function substantially in accordance with its Documentation. As your exclusive remedy for Blueforce’s breach of this warranty, Blueforce will, at its option, either replace or repair the defective Software or refund the license fee paid for it, as well as any associated fees pre-paid for maintenance, support and/or Managed Services for the twelve (12) month period following the Delivery Date of the defective Software; provided, however, that, with respect to a defective Upgrade that you received as part of a maintenance and support plan subscription, the total fees to be refunded to you will be the maintenance and support fee for the twelve (12) month period during which the Upgrade was delivered to you. Notwithstanding the foregoing, Blueforce will not be responsible for: (a) any breach of warranty not reported during the warranty period; (b) any malfunctioning of Software that you, an End User, or a third party has modified, misused, or damaged;
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Limited Warranties and Warranty Disclaimer. (a) Each Party warrants to the other Party (i) that it has the full authority to enter into this Agreement and to bind itself legally to its undertakings set forth in this Agreement, and (ii) that, to the best of its knowledge, its entry into this Agreement will not violate any law, statute or regulation, or impose on it any obligations contrary to or otherwise inconsistent with its current obligations to any other Party. (b) PeerNova warrants that the Services will perform materially as described in the MSA and the Documentation. (c) If any Services provided to Partner or an End User fail to comply with the warranty in Section 8(b), PeerNova will, subject to Partner's promptly notifying PeerNova in writing of such failure, at its sole option, either repair or replace the Services, provided that Partner provides PeerNova with all information PeerNova reasonably requests to resolve the reported failure. The remedies set forth in this Section 8(c) are Partner's sole remedies and PeerNova's sole liability under the limited warranty set forth in Section 8(b). (d) EXCEPT FOR THE WARRANTIES OF THIS SECTION 8 AND THE MSA, EACH PARTY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. RIVET SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
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Limited Warranties and Warranty Disclaimer. (a) Licensor warrants that: (i) the Software will perform materially as described in the Documentation for a period of thirty (30) days following the Effective Date; and (ii) at the time of delivery the Software does not contain any virus or other malicious code that would cause the Software to become inoperable or incapable of being used in accordance with the Documentation.‌ (b) The warranties set forth in Section 8(a) do not apply and become null and void if Licensee breaches any provision of this Agreement, or if Licensee, any Authorized User, or any other person provided access to the Software by Licensee or any Authorized User, whether or not in violation of this Agreement: (i) installs or uses the Software on or in connection with any hardware or software not specified in the Documentation or expressly authorized by Licensor in writing;‌
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Limited Warranties and Warranty Disclaimer. (a) Neptune Software warrants that the Software will perform materially as described in the Documentation for a period of 12 months following the Effective Date. The foregoing warranty does not apply, and Neptune Software strictly disclaims all warranties, with respect to any third-party materials. Customer must notify Neptune Software of any “Software” warranty deficiency within 1 year after delivery. (b) Neptune Software will not be responsible under this Agreement and the warranties set forth in Section 8(a) do not apply and become null and void if Customer breaches any provision of this Agreement, or if Customer, any Authorized User, or any other person provided access to the Software by Customer or any Authorized User, whether or not in violation of this Agreement: (i) installs or uses the Software on or in connection with any hardware or software not specified in the Documentation; (ii) modifies or damages the Software; or (iii) misuses the Software, including any use of the Software other than as specified in the Documentation. (c) If, during the period specified in Section 8(a), any Software fails to comply with the warranty in Section 8(a), and such failure is not excluded from warranty pursuant to Section 8(b), Neptune Software shall use commercially reasonable efforts, subject to Licensee maintains a current Neptune Software maintenance and support agreement as outlined in Section 4, Licensee notifying Neptune Software in writing of such failure with a specific description of the Software’s nonconformance within the warranty period and Neptune Software validates the existence of such nonconformance, at its sole option, either: (i) repair or replace the Software, provided that Customer provides Neptune Software with all information Neptune Software requests to resolve the reported failure, including sufficient information to enable the Neptune Software to recreate such failure; or (ii) refund the Fees paid for such Software, subject to Customer’s ceasing all use of and, if requested by Neptune Software, returning to Neptune Software all copies of the Software. The remedies set forth in this Section 8(c) are Customer’s sole remedies and Neptune Software’s sole liability under the limited warranty set forth in Section 8(a). (d) Except for the limited warranty set forth in Section 8(a), the software and documentation are provided “As Is” and Neptune Software hereby disclaims all warranties, whether express, implied, statutory, or otherwise. Neptune ...
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Limited Warranties and Warranty Disclaimer. 7.1. Limited Platform Warranty. Licensor warrants that the Platform will substantially conform to the specifications set forth in the Documentation. In the event that Customer discovers a material malfunction in the Platform, Licensor shall use commercially reasonable efforts to correct, cure or otherwise remedy such malfunction. Customer shall cooperate in a prompt and reasonable manner in connection with such correction efforts. The foregoing obligation of Licensor does not apply (i) to the extent the Platform is combined with any unauthorized software, processes or materials where the material malfunction would not have occurred without such combination; (ii) where the material malfunction continues after Customer has been informed of modifications that would have avoided the malfunction; (iii) where Customer’s use of the Platform is not for the purposes set forth in this Agreement; and (iv) to any material malfunction arising from any content, information or data provided by Customer or any third party. THE FOREGOING WARRANTY DOES NOT APPLY, AND LICENSOR STRICTLY DISCLAIMS ALL WARRANTIES, WITH RESPECT TO ANY THIRD-PARTY PRODUCTS. 7.2. Limited Licensed Hardware Warranty. Licensor warrants that any Licensed Hardware delivered to Customer pursuant to this Agreement will perform in accordance with the applicable specifications of the Original Equipment Manufacturer of such equipment. If any Licensed Hardware provided to Customer fails to so operate per specifications, except to the extent caused by Customer’s unauthorized or improper use, Licensor shall use commercially reasonable efforts to remedy such non-compliance or non-conformance via repair or replacement at its own expense.
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Limited Warranties and Warranty Disclaimer. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED “AS IS” AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES (OTHER THAN AS SET FORTH IN SECTION 2(D) ABOVE), WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. LICENSOR SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. LICENSOR MAKES NO WARRANTY OF ANY KIND THAT THE SOFTWARE AND DOCUMENTATION, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET LICENSEE’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.
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Limited Warranties and Warranty Disclaimer x. Xxxxx warrants that at the time of delivery the Software does not contain any virus or other malicious code that it is reasonably able to identify. I. The warranties set forth in Section 7(a) do not apply and become null and void if Customer breaches any material provision of this Agreement, or if Customer II. Installs or uses the Software or Content on or in connection with any hardware or software not disclosed in Exhibit A; or
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Limited Warranties and Warranty Disclaimer 
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Related to Limited Warranties and Warranty Disclaimer

  • Limited Warranties State Street represents and warrants that it is the owner of and has the right to grant access to the System and to provide the Remote Access Services contemplated herein. Because of the nature of computer information technology including, but not limited to, the use of the Internet, and the necessity of relying upon third party sources, and data and pricing information obtained from third parties, the System and Remote Access Services are provided “AS IS”, and the Customer and its Authorized Designees shall be solely responsible for the investment decisions, results obtained, regulatory reports and statements produced using the Remote Access Services. State Street and its relevant licensors will not be liable to the Customer or its Authorized Designees for any direct or indirect, special, incidental, punitive or consequential damages arising out of or in any way connected with the System or the Remote Access Services, nor shall either party be responsible for delays or nonperformance under this Addendum arising out of any cause or event beyond such party’s control. State Street will take reasonable steps to ensure that its products (and those of its third-party suppliers) reflect the available state of the art technology to offer products that are Year 2000 compliant, including, but not limited to, century recognition of dates, calculations that correctly compute same century and multi century formulas and date values, and interface values that reflect the date issues arising between now and the next one-hundred years, and if any changes are required, State Street will make the changes to its products at no cost to you and in a commercially reasonable time frame and will require third-party suppliers to do likewise. The Customer will do likewise for its systems. EXCEPT AS EXPRESSLY SET FORTH IN THIS ADDENDUM, STATE STREET, FOR ITSELF AND ITS RELEVANT LICENSORS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES CONCERNING THE SYSTEM AND THE SERVICES TO BE RENDERED HEREUNDER, WHETHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. State Street will defend or, at our option, settle any claim or action brought against the Customer to the extent that it is based upon an assertion that access to the System or use of the Remote Access Services by the Customer under this Addendum constitutes direct infringement of any patent or copyright or misappropriation of a trade secret, provided that the Customer notifies State Street promptly in writing of any such claim or proceeding and cooperates with State Street in the defense of such claim or proceeding. Should the System or the Remote Access Services or any part thereof become, or in State Street’s opinion be likely to become, the subject of a claim of infringement or the like under any applicable patent or copyright or trade secret laws, State Street shall have the right, at State Street’s sole option, to (i) procure for the Customer the right to continue using the System or the Remote Access Services, (ii) replace or modify the System or the Remote Access Services so that the System or the Remote Access Services becomes noninfringing, or (iii) terminate this Addendum without further obligation.

  • Representations and Warranties Disclaimers a) Availability Tebra will make commercially reasonable efforts to maintain uptime of 99% excluding any scheduled downtime, force majeure issues and third party services (see Support Policy for additional details). b) Mutual Representations and Warranties i. the Customer Agreement has been duly entered into and constitutes a valid and binding agreement enforceable against such party in accordance with its terms; ii. no authorization or approval from any third party is required in connection with such party’s entering into or performance of the Customer Agreement; and iii. the entering into and performance of the Customer Agreement does not and will not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound. c) DISCLAIMERS • TEBRA DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR WITHOUT DELAY, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. • WHILE XXXXX TAKES REASONABLE PHYSICAL, TECHNICAL, AND ADMINISTRATIVE MEASURES TO SECURE THE SERVICE, TEBRA DOES NOT GUARANTEE THAT THE SERVICE CANNOT BE COMPROMISED. XXXXX DISCLAIMS ANY WARRANTY REGARDING ANY PERCENTAGE OF COLLECTION OF CLAIMS FOR CUSTOMER. • FROM TIME TO TIME, CUSTOMER MAY REQUEST THE ADDITION OF CERTAIN CODE AND/OR FUNCTIONALITIES TO BE ADDED TO CUSTOMER’S WEBSITE OR OTHER PLATFORM. TEBRA SHALL NOT BE RESPONSIBLE FOR ENSURING THAT THE REQUESTED CODE AND/OR FUNCTIONALITIES COMPLY(IES) WITH ANY AND ALL APPLICABLE LAWS AND REGULATIONS PERTAINING TO CUSTOMER’S BUSINESS. CUSTOMER HEREBY ACKNOWLEDGES AND AGREES THAT CUSTOMER ALONE SHALL BE RESPONSIBLE FOR ENSURING THAT CUSTOMER’S WEBSITE AND SERVICE OFFERINGS, EVEN IF SUPPORTED BY TEBRA, COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

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