Limited Warranties Disclaimers. COMPANY represents and warrants that it will not at any time conduct its business in any manner that directly or indirectly offers, sells, leases, licenses, displays, delivers, advertises, recommends or promotes any products, services, data, information, images, text and/or other content which i) is unlawful or violates any applicable local, state, national or international ordinance or regulation having the force of law; ii) is defamatory, libelous, slanderous, abusive, threatening or harassing towards others; iii) is a form of chain letter or pyramid scheme; iv) an unfair, unlawful or deceptive business practice; v) is racially or otherwise offensive, hateful, bigoted or intolerant; vi) in violation of any privacy or data protection law or right; vii) infringes or violates any intellectual property right under the laws of any jurisdiction; viii) transmits or delivers any material that contains viruses, worms, Trojan horses, time bombs and any other harmful or damaging code, software program or other technology or the means of developing any of the above; or ix) advocates, promotes and/or provides assistance in carrying out violence or any other unlawful activity against any persons or any governments, businesses or other entities. COMPANY represents and warrants that the COMPANY shall develop in a professional and workmanlike manner any services provided to CLIENT. EXCEPT AS PROVIDED IN SECTION 10.2 CLIENT PRODUCT, SERVICES AND MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE EXTENT ALLOWED BY APPLICABLE LAW, CLIENT HEREBY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO ANY SUBECT MATTER OF THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, THE CLIENT PRODUCT, SERVICES AND MATERIALS. CLIENT SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, ACCURACY AND TITLE, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. CLIENT MAKES NO WARRANTY THAT THE OPERATION OF THE CLIENT PRODUCT OR PROVISION OF CLIENT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ERRORS IN EITHER WILL BE CORRECTED OR THAT EITHER WILL NOT BE SUSCEPTIBLE TO INTRUSION, ATTACK OR COMPUTER VIRUS INFECTION.
Limited Warranties Disclaimers a) Elavon warrants as follows:
i) During the Warranty Period, the Simplify Software will include the functionality described in and will perform substantially in accordance with the Documentation in all material respects, provided that the Simplify Software is used in accordance with the terms of this Simplify License and the Documentation. If the Simplify Software does not perform as warranted during the Warranty Period and Elavon is unable to remedy such nonconformity within a reasonable time after receiving written notice thereof, Elavon will, as Company’s sole and exclusive remedy, refund to Company the fees paid hereunder for the Licensed Materials, upon the return of the Licensed Materials by Company.
ii) Elavon will use commercially reasonable measures to screen the Simplify Software to avoid introducing any computer virus that is designed (A) to permit unauthorized access or use by third parties to the Simplify Software,
Limited Warranties Disclaimers. (a) XXXXX represents and warrants that the Products delivered by XXXXX to Customer shall: (i) conform to agreed-upon specifications for the Product(s), to the extent any specifications were made part of an order; and (ii) be free from faulty workmanship and defective materials. The foregoing warranties shall be limited to a one (1) year period commencing on the date of shipment of the applicable Product(s) (the “Warranty Period”) provided (i) the Products have been properly cared for (i.e. the Products have not been subject to misuse, neglect, misapplication, etc.) and used in ac- cordance with VOLPI’s instructions, if any, (ii) the Products have not been tampered with or modified without VOLPI’s prior written approval, and (iii) Cus- tomer promptly notifies XXXXX in writing of any war- ranty claim during the Warranty Period. In the event any Product fails to meet either or both of the forego- ing warranties, VOLPI’s sole obligation, in VOLPI’s sole discretion, shall be to either replace or repair the non-conforming Product. The foregoing warranties provided by XXXXX in this Section 10 are the only war- ranties provided by XXXXX with respect to the Product(s) sold hereunder, and may be modified or amended only by a written instrument signed by XXXXX. Customer’s remedies and VOLPI’s aggregate liability with respect to the warranties pro- vided by XXXXX in this Section 10 are set forth in and limited by this Section 10 and Section 11 below.
(b) VOLPI’s warranties above do not apply to Prod- ucts not manufactured by XXXXX and do not apply to components furnished by third parties. In addition, such warranties shall be for the sole benefit of the original customer only and are not assignable unless otherwise agreed to in writing by XXXXX. XXXXX shall not be liable for any claim if alterations have been made to the Products by the Customer or others with- out VOLPI’s written consent. Any components fur- nished by third parties are warranted only to the extent of the original manufacturer’s warranty to XXXXX and then only if such original manufacturer’s warranty is assignable to Customer.
(c) THE EXPRESS WARRANTIES OF XXXXX STATED IN SECTION 10(a) ABOVE ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. VOLPI’S WARRANTY OBLIGATIONS AND CUSTOMER’S REMEDIES ARE SOLELY AND EXCLUSIVELY AS STATED IN THIS SECTION 10. Any sample or literature exhibited to ...
Limited Warranties Disclaimers. ONTECH represents and warrants that any Services that it provides to CLIENT under this Agreement will be performed in accordance with generally accepted industry standards of care and competence. CLIENT’s sole and exclusive remedy for a breach of ONTECH’s warranty relating to Services shall be that ONTECH will, in its sole discretion, either (i) use reasonable efforts to re-perform the Services, or (ii) refund the fee CLIENT paid for the Services that are alleged to be in breach of ONTECH’s warranty. A claim for breach of ONTECH’s warranty relating to Services must be made by CLIENT in writing delivered to ONTECH within fifteen (15) days of CLIENT’s discovery of the alleged breach. If CLIENT does not notify ONTECH of a breach of ONTECH’s warranty relating to Services during such period, CLIENT shall be deemed to have irrevocably accepted the Services.
Limited Warranties Disclaimers. You represent and warrant that (a) You have all the necessary government permits, licenses and similar authority to conduct business on the premises where You install (or have installed) the Hardware, (b) You will comply will all applicable laws and regulations at such premises and in connection with the business conducted at such premises, (c) if You use a Certified Installer to install the Hardware, the Certified Installer will not be exposed to any hazardous materials on such premises, and (d) the collection and processing of Your Customer Data as contemplated by this Agreement complies in all respects with applicable data protection laws and regulations. Openpath is not an insurer under this Agreement. Openpath does not make any representations or warranties to You under this Agreement or otherwise, including without limitation any representations or warranties with respect to any Hardware. Rather, Openpath makes certain limited Hardware warranties to Openpath Resellers. If You have an issue or problem with any Hardware, please contact the Openpath Reseller that sold the Hardware to You. You agree that if any Hardware is (i) subject to negligence or misuse by You or others, (ii) is damaged as a result of any occurrence beyond Openpath’s control, (iii) is modified by You or any other person, or (iv) is damaged or malfunctions and such damage or malfunction is caused in whole or in part by unauthorized use of the Service, the System or by any computer virus, worm, malware or malicious code, then the Openpath Reseller will not be required to repair or replace the Hardware or provide a refund to You for the Hardware. Neither Openpath nor any Openpath Reseller shall have any obligation to make safety tests, modifications, changes or replacements, nor to install new attachments to the Hardware which may be recommended or directed by insurance companies, or government, state, municipal, or other authorities. You are responsible for the acquisition, repair, maintenance and replacement of parts of the premises that may be connected to or monitored by the System, but are not maintained by Openpath as Hardware elements of the System, including, but not limited to, duct work, boiler shell and tubes, unit cabinets, boiler refractory material, electrical wiring, communications service provider equipment, elevators, elevator equipment, doors, door closers, building fire alarm equipment, hydraulic and pneumatic piping, structural supports, air conditioning equipment, ...
Limited Warranties Disclaimers. You represent and warrant that (a) You have all the necessary government permits, licenses and similar authority to conduct business on the premises where You install (or have installed) the Hardware,
Limited Warranties Disclaimers. 6.1 Licensor warrants that the Software itself contains no malware.
Limited Warranties Disclaimers. Eagle Eye warrants that: (i) the Service will perform substantially in accordance with the Documentation; (ii) the functionality of the Service will not be materially decreased during a Subscription Term; and (iii) the Service will not introduce Malicious Code into Your systems. You represent and warrant that the collection and processing of Your Customer Data as contemplated by this Agreement complies in all respects with applicable data protection laws and regulations.
Limited Warranties Disclaimers. 3xLOGIC warrants that: (i) the Service will perform substantially in accordance with the Documentation; (ii) the functionality of the Service will not be materially decreased during a Subscription Term; and (iii) the Service will not introduce Malicious Code into Your systems. You represent and warrant that the collection and processing of Your Customer Data as contemplated by this Agreement complies in all respects with applicable data protection laws and regulations.
Limited Warranties Disclaimers a) CIE represents and warrants that it will perform the Services in a professional and workmanlike manner, in accordance with industry standards, and in conformance with applicable Attachments.
b) CIE represents and warrants that its execution of this Agreement and performance hereunder, and under any Attachments executed pursuant to this Agreement, have been duly authorized and do not and will not conflict with or constitute a default under any agreement binding upon it.
c) CIE represents and warrants that CIE, its subcontractors, agents, and independent contractors shall use reasonable efforts to comply with all material and applicable laws and regulations. THE FOREGOING ARE THE EXCLUSIVE WARRANTIES OF CIE REGARDING ITS SERVICES AND WORK PRODUCT AND CUSTOM SOFTARE, AND VFINANCE MAKES NO OTHER WARRANTIES OR GUARANTEES TO CUSTOMER, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
