Limited Warranties Disclaimer. OTC MARKETS GROUP WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE THE INFORMATION AS PROMPTLY AND AS ACCURATELY AS IS REASONABLY PRACTICABLE. NOTWITHSTANDING THE FOREGOING, SUBSCRIBER ACKNOWLEDGES AND AGREES THAT NO WARRANTY IS GIVEN THAT THE INFORMATION IS ERROR-FREE OR ACCURATE. THE INFORMATION, ANY AND ALL MATERIAL RELATED TO THE INFORMATION, AND ANY OTHER PRODUCT THAT OTC MARKETS GROUP DIRECTLY OR INDIRECTLY PROVIDES ARE PROVIDED “AS IS.” EXCEPT AS SPECIFICALLY SET FORTH HEREIN, NEITHER OTC MARKETS NOR ANY OF ITS LICENSORS, THIRD PARTY INFORMATION PROVIDERS AND SUPPLIERS MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SUBSCRIBER EXPRESSLY ASSUMES ALL RISKS FROM USING THE INFORMATION, AND/OR RELATED PRODUCTS THAT OTC MARKETS GROUP OR ITS LICENSORS, THIRD PARTY INFORMATION PROVIDERS AND SUPPLIERS DIRECTLY OR INDIRECTLY PROVIDE. This Section applies to all claims irrespective of the cause of action underlying the claim, including, but not limited to breach of contract (even if in the nature of a breach of condition or a fundamental term or a fundamental breach) and tort (including but not limited to negligence or misrepresentation).
Limited Warranties Disclaimer. 7.1 Company delivers, and Customer accepts, the System and the Services on an “AS IS”, “AS AVAILABLE” and “WITH ALL FAULTS” basis, and without any representations or warranties of any kind.
7.2 Customer acknowledges that Company is not the manufacturer of the System Hardware. System Hardware are subject to applicable warranties provided by the Company (if any). Company makes no other representations or warranties whatsoever with respect to System Hardware or other System components manufactured or sold by third parties.
7.3 COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, DIRECTLY OR INDIRECTLY, WITH RESPECT TO THE SYSTEM, THE SERVICES OR CUSTOMER’S USE THEREOF, INCLUDING ANY FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR OTHER SUITABILITY, DURABILITY, CONDITION, QUALITY, PERFORMANCE OF THE SYSTEM, THE SERVICES OR CUSTOMER’S USE THEREOF (INCLUDING THE ACCURACY OR COMPLETENESS OF ANY INFORMATION GENERATED BY OR OBTAINED THROUGH THE SYSTEM OR SERVICES); WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
7.4 COMPANY CANNOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE. Company makes no representations whatsoever about any third-party website, application, product, or service that Customer may access or use in connection with the System and the Services. Company has no control over the content, performance, or materials used or provided in connection with any third-party website, application, product, or service. Company shall not be liable for any loss or damage caused by network or internet down time or failure or failure of other communication systems on which the System is dependent. Customer is aware that the System or Services could include typographical errors, statistical or mathematical errors, locations or navigation errors, and other inaccuracies and errors, and that unauthorized additions, computations, deletions, and alterations could be made to the System or Services by third parties. In the event that an inaccuracy arises, Customer shall promptly inform Company so that it can be corrected. Company shall have no responsibility or liability for information or content posted to the System or Services from any non-Company affiliated third party.
7.5 COMPANY DOES NOT GUARANTEE THAT DATA TRANSMITTED THROUGH THE SYSTEM WILL BE PRIVATE OR SECURE. Notwithstanding the technological and organizational measures the parties are required to ...
Limited Warranties Disclaimer. 4.1 The Licensor warrants that obligations under this agreement are fulfilled with all due skill, care and diligence including but not limited to Good Industry Practice, (without limiting the generality of this clause) in accordance with its own established internal procedures and in compliance with all applicable Laws.
4.2 The Licensor warrants on Server Licenses, Server Stand-By Licenses, Site Licenses, and Site Stand-By Licenses only (contract types 1.6 (i), (ii), (iii), (iv), (v), (vi), (vii), (viii), (ix), (x)) that:
4.2.1 its title to and property in the Software and Documentation is free and unencumbered and that it has the right power and authority to license the same upon the terms and conditions of this agreement;
4.2.2 the Software will for a period of 90 days from delivery perform in all material respects accordance with the Documentation.
4.2.3 the Software does not contain any harmful code (such as “trojan horses”, “worms”, or “viruses”) and any back door not declared in this agreement.
4.2.4 it is not aware of any right belonging to a third party that would result in the Software, Documentation or any other product or service rendered by the Licensor to the Licensee as violating any possible third party rights, including Copyrights, Patents, Trademarks or any other right.
4.2.5 Licensee must inform Licensor in writing during the Warranty Period (90 days from delivery date) if the Software does not operate as warranted and provide to Licensor such information and material as Licensor may reasonably request to document and reproduce such problem and to verify that any proposed solution corrects the problem. This warranty shall not apply to any bug, problem or defect resulting from any of the following: (i) any equipment, materials, products or software not provided by Licensor; (ii) Licensor’s compliance with designs, plans or specifications provided by Licensee to Licensor; (iii) any unauthorized repair, adjustment, modification or alteration to the Software by Licensee or any third party; (iv) any refusal by Licensee to install or to use a remedy, update, or replacement version of the Software offered by Licensor to Licensee; (v) any use of the Software not in accordance with the Documentation;
Limited Warranties Disclaimer. (a) USC hereby represents and warrants to Licensee as of the Effective Date that: (i) to the Knowledge (defined below) of USC, USC is the sole owner or a co-owner with the right to grant the exclusive license hereunder, of the patents and patent applications listed on Appendix A hereto; (ii) USC has not granted any license or option to license under the PATENTS in the FIELD OF USE to any third party (other than any such license or option to license that is no longer in force or effect); (iii) to the Knowledge of USC, USC has not received any written notice from any third party alleging that the practice of the inventions claimed in the PATENTS infringes the intellectual property rights of such third party; (iv) to the Knowledge of USC, Novartis has no claims to the practice of the inventions claimed in the PATENTS, and (v) to the Knowledge of USC, USC has not received any notice of termination of any interinstitutional agreement covering the applicable patents and patent applications listed in Appendix A. For purposes of this Paragraph, USC will be considered to have “Knowledge” of a particular fact or circumstance if such fact or circumstance is known to the most senior employee of USC’s technology licensing department or to any employee of USC who reports directly or indirectly to such senior employee, or if such fact or circumstance is described or disclosed in a written document received or sent by USC’s technology licensing department (including written correspondence with USC’s intellectual property counsel);
(b) Except as expressly set forth in this Agreement, nothing in this Agreement shall be construed as:
(i) a warranty or representation by USC as to the validity or scope of the PATENT and/or PATENT Application; or
(ii) a warranty or representation that any PRODUCTS made, used, sold or otherwise disposed of under any license granted in this Agreement is or will be free from infringement of patents of third parties; or
(iii) an obligation to bring or prosecute actions or suits against third parties for infringement; or
(iv) conferring the rights to use in advertising, publicity or otherwise any trademark, trade name, or names or any contraction, abbreviation, simulation or adoption thereof, of USC or Licensee; or
(v) any obligation to furnish any know-how not provided.
(c) USC MAKES NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, nor does USC represent that the rights granted hereunder will result in PRODUC...
Limited Warranties Disclaimer. 4.1 The Software and Documentation are licensed "AS IS". The Licensor disclaims any and all warranties, whether express or implied, including without limitation, any implied warranties of merchantability or fitness for a particular purpose. The Licensor does not warrant the functions contained in the Software will meet any requirement or needs the Licensee may have, or that the Software will operate error free, or in an uninterrupted fashion, or that the Software is compatible with any particular platform. The Licensor makes no guarantees regarding the use or any results deriving from the use of the Software and Documentation with respect to their correctness, accuracy, trustworthiness or in any other way.
4.2 Licensee shall immediately inform the Licensor of any claim or action made against the Licensee by a third party that the normal and correct operation possession or use of the Software or Documentation by the Licensee infringes the patent, copyright, registered design or trademark rights of any third party.
4.3 Licensee shall cooperate in and collaborate with the Licensor in the defence of any claim or action made against the Licensee, the Licensor or about Software or Documentation.
4.4 In any case, Licensor will neither indemnify nor hold harmless the Licensee on demand against any damages (including costs) that may be awarded or agreed to be paid to any third party in respect of any claim or action about infringement of patent, copyright, registered design or trademark rights of any third party.
4.5 Licensor shall have no liability to the Licensee in respect of any breach of the Licensee’s obligations under this agreement.
4.6 The Licensee assumes every risk and responsibility with respect to the choice, installation and use of the Software and Documentation and their results.
Limited Warranties Disclaimer. CREDIT UNION MAKES NO WARRANTY, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO ANY ACCOUNT, SERVICE, COMPONENT, OR ANY THIRD-PARTY SERVICE PROVIDER OF CREDIT UNION. NEITHER CREDIT UNION NOR ANY THIRD-PARTY SERVICE PROVIDER OF CREDIT UNION HAS MADE ANY WARRANTY, EXPRESS OR IMPLIED, THAT ANY ACCOUNT, SERVICE, COMPONENT OR THE INTERNET WILL MEET THE NEEDS OR SPECIFICATIONS OF YOU. CREDIT UNION AND ALL THIRD-PARTY SERVICE PROVIDERS OF CREDIT UNION EXPRESSLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. NEITHER CREDIT UNION NOR ANY THIRD-PARTY SERVICE PROVIDER OF CREDIT UNION HAS MADE ANY WARRANTY, EXPRESS OR IMPLIED, THAT ANY ACCOUNT, SERVICE, COMPONENT OR THE INTERNET WILL BE FREE OF DEFECTS, SAFE, SECURE OF ANY PARTICULAR QUALITY, OR PROVIDE ANY PARTICULAR LEVEL OF PERFORMANCE OR AVAILABILITY. EACH ACCOUNT, SERVICE OR COMPONENT IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. CREDIT UNION SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER, REGARDLESS OF WHETHER CREDIT UNION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. The obligations set forth in this Section shall survive termination of this Agreement, or any Addenda.
Limited Warranties Disclaimer. 11.1 Veracity warrants that, for a period of ninety (90) days following the purchase date set forth on the Services Agreement, the Software will substantially contain the functionality described in the Documentation, and when properly installed on a computer meeting the specifications set forth in, and operated in accordance with, the Documentation, will substantially perform in accordance therewith. THE FOREGOING WARRANTIES DO NOT APPLY, AND VERACITY STRICTLY DISCLAIMS ALL WARRANTIES, WITH RESPECT TO ANY THIRD- PARTY MATERIALS.
11.2 The warranties set forth in Section 11.1 will become null and void if Licensee breaches any provision of this Agreement, or if Licensee or any other Person provided access to the Software by Licensee: (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.
11.3 If, during the period specified in Section 11.1, any Software covered by the warranty set forth in such Section fails to perform substantially in accordance with the Documentation, and such failure is not excluded from warranty pursuant to Section 11.2, Veracity will, subject to Licensee's promptly notifying Veracity in writing of such failure, at its sole option, either (i) repair or replace the Software, provided that Licensee provides Veracity with all information Veracity requests to resolve the reported failure, including sufficient information to enable Veracity to recreate such failure; or (ii) refund a pro-rata portion of any prepaid License Fees, subject to Licensee's ceasing all use of and, if requested by Veracity, deleting or returning to Veracity all copies of the Software. If Veracity repairs or replaces the Software, the warranty will continue to run from the initial date specified on the Services Agreement, and not from Licensee's receipt of the repair or replacement. The remedies set forth in this Section 11.3 are Licensee's sole remedies and Veracity’s sole liability under this Agreement.
11.4 EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 11.1, THE SOFTWARE AND DOCUMENTATION ARE PROVIDED TO LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, VERACITY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVI...
Limited Warranties Disclaimer. Tellabs# Software is subject to Tellabs# Global Warranty, available at xxxx://xxx.xx xxxxx.xxx/xxxxx/xxxxxxxxxxxx.xxxxx or upon request. The Documentation is licens ed "AS IS." Maintenance or support services outside the scope of Tellabs# Global Warranty are expressly excluded. TELLABS EXPRESSLY DISCLAIMS ALL OTHER WARRANTI ES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILI TY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limited Warranties Disclaimer. OTC Markets Group will make commercially reasonable efforts to provide the OMG Information as promptly and as accurately as is reasonably practicable. Notwithstanding the foregoing, I acknowledge and agree that no warranty is given that the OMG Information is error-free or accurate. The OMG Information, any and all material related to the OMG Information, and any other product that OTC Markets Group directly or indirectly provides are provided “as is.” Except as specifically set forth herein, neither OTC Markets Group nor any of its licensors, Third Party Information Providers and suppliers make any express or implied warranties or conditions, including quality, merchantability, fitness for a particular purpose, title and non-infringement. I expressly assume all risks from using the OMG Information, and/or related products that OTC Markets Group or its licensors, Third Party Information Providers and suppliers directly or indirectly provide. This Subsection applies to all claims irrespective of the cause of action underlying the claim, including, but not limited to breach of contract (even if in the nature of a breach of condition or a fundamental term or a fundamental breach) and tort (including but not limited to negligence or misrepresentation).
Limited Warranties Disclaimer a. You acknowledge and agree that we make no guarantee, representation, warranty, or undertaking of any kind, whether express or implied, statutory or otherwise, relating to or arising from the use of the Service or the Global app, including but not limited to:
i. Whether the Service or the Global app will meet your requirements;
ii. Whether the Service or the Global app will always be available, accessible or function with any network infrastructure, system or such other services as we may offer from time to time; and
iii. Whether the Service will be available error-free or uninterrupted.
b. We will take reasonable precautions to protect the Service, to avoid deletion, corruption, and unauthorized modification of or access to the Service, and to provide the Service with minimal errors and interruptions. Notwithstanding the foregoing, no representation or warranty of fitness or merchantability shall be construed under this Agreement, and Global specifically disclaims all liability whatsoever with respect to any failure to protect the Service or provide the Service error- free or uninterrupted.
