Limited Warranties. 10.1 Subject to limitations in this Section, We warrant that the Cloud Service shall substantially perform as specified in the Documentation during the Subscription Term, when used in accordance with the terms of the Agreement. Support Services will be rendered with due care, skill and ability, and in accordance with recognized standards of industry practice. 10.2 We do not warrant any specifications other than those set out in the Documentation, including without limitation statements made in presentations of the Cloud Service, Our public statements or advertising campaigns. You acknowledge and are aware that, in accordance with the current state of technology, the Cloud Service cannot be fully error-free, or operate entirely without interruption. 10.3 We do not warrant: i. against problems caused by Your use of the Cloud Service with any third-party software, misuse, improper testing, unauthorized attempts to repair, modifications or customizations to the Cloud Service by You or any other cause beyond the range of the intended use of the Cloud Service; ii. against any Malware, data breaches and data losses which could not have been avoided by adequate, state-of-the art security in accordance with Our then-current security infrastructure; or iii. that the Cloud Service will achieve Your intended results, nor that the Cloud Service has been developed to meet Your individual requirements. 10.4 During the Subscription Term, if the Cloud Service does not conform with the warranty provided in Section 10.1, We will at Our expense correct any such non-conformance or provide You with an alternative means of accomplishing the desired performance. If We cannot reasonably make such correction or substitution, as determined in Our sole discretion, We will refund You (or, in the case Your Subscription is purchased through an Authorized Reseller, arrange through such Authorized Reseller, the return of) any prepaid fees covering the remainder of the Subscription Term for the affected Cloud Service and terminate Your access to and use of the affected Cloud Service for which You have received the refund. Such correction, substitution, or refund constitutes Your sole and exclusive remedy, and Our sole and exclusive liability for any breach of the warranty. 10.5 Warranty claims asserted under one Order shall have no effect on any other Orders or other contracts that are in place between You and Us. 10.6 To the maximum extent permitted by applicable law, the warranties and remedies provided in this Section 10 are exclusive and in lieu of all other warranties, express, implied or statutory, including warranties of merchantability, accuracy, correspondence with description, fitness for a purpose, satisfactory quality and non-infringement, all of which are, to the maximum extent permitted by applicable law, expressly disclaimed by Us, Our Affiliates, sub-contractors and suppliers. 10.7 You agree that Your purchase of the Cloud Service is not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments, statements or representations We made regarding future functionality or features.
Appears in 22 contracts
Samples: Master Services Agreement, Cloud Services Agreement, Master Services Agreement
Limited Warranties. 10.1 9.1 Subject to limitations in this Section, We warrant that the Cloud Service Software and any Releases shall substantially perform as specified in the Documentation during the Subscription Term, when used in accordance with the terms of the Agreement. Support Services will be rendered with due care, skill and ability, and in accordance with recognized standards standard of industry good practice.
10.2 9.2 We do not warrant any specifications other than those set out in the Documentation, including without limitation statements made in presentations of the Cloud ServiceSoftware, Our public statements or advertising campaigns. Any warranty other than the limited warranty set out in Section 9.1 must be made in writing and confirmed by Us. You acknowledge and are aware that, in accordance with the current state of technology, the Cloud Service cannot Software can never be fully error-free, or operate entirely without interruption.
10.3 9.3 We particularly do not warrant:
i. : a against problems caused by Your use of the Cloud Service Software with any third-party software, misuse, improper testing, unauthorized attempts to repair, modifications or customizations to the Cloud Service Software by You or any other cause beyond the range of the intended use of the Cloud Service;
ii. Software; b against any Malware, data breaches and data losses which could not have been avoided by adequate, state-of-the art security in accordance with Our then-current security infrastructurepractices; or
iii. or c that the Cloud Service Software will achieve Your intended results, nor that the Cloud Service has Software have been developed to meet Your individual requirements.
10.4 9.4 During the Subscription Term, if the Cloud Service does Software do not conform with the warranty provided in Section 10.19.1, We will at Our expense correct any such non-conformance or provide You with an alternative means of accomplishing the desired performance. If We cannot reasonably make such correction or substitution, as determined then We may, in Our sole discretion, We will refund You (or, in the case Your Subscription is purchased through an Authorized Reseller, arrange through such Authorized Reseller, the return of) any prepaid fees covering the remainder of the Subscription Term for the affected Cloud Service Software and terminate Your access to and use of the affected Cloud Service Software for which You have received the refund. Such correction, substitution, substitution or refund constitutes Your sole and exclusive remedy, and Our sole and exclusive liability for any breach of the warranty.
10.5 9.5 Warranty claims asserted under one Order shall have no effect on any other Orders or other contracts that are in place between You and Us.
10.6 9.6 To the maximum extent permitted by applicable law, the warranties and remedies provided in this Section 10 11 are exclusive and in lieu of all other warranties, express, implied or statutory, including warranties of merchantability, accuracy, correspondence with description, fitness for a purpose, satisfactory quality and non-infringement, all of which are, to the maximum extent permitted by applicable law, expressly disclaimed by Us, Our Affiliates, sub-contractors and suppliers.
10.7 9.7 You agree that Your purchase of the Cloud Service Software is not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments, statements or representations We made regarding future functionality or features.
Appears in 10 contracts
Samples: Software Subscription Agreement, Software Subscription Agreement, Software Subscription Agreement
Limited Warranties. 10.1 11.1 Subject to limitations in this Section, We warrant that the Cloud Service shall substantially perform as specified in the Documentation during the Subscription Term, when used in accordance with the terms of the Agreement. Support Services will be rendered with due care, skill and ability, and in accordance with recognized standards standard of industry good practice.
10.2 11.2 We do not warrant any specifications other than those set out in the Documentation, including without limitation statements made in presentations of the Cloud Service, Our public statements or advertising campaigns. Any warranty other than the limited warranty set out in Section 11.1 must be made in writing and confirmed by Our management. You acknowledge and are aware that, in accordance with the current state of technology, the Cloud Service cannot can never be fully error-free, or operate entirely without interruption.
10.3 11.3 We particularly do not warrant:
i. : a against problems caused by Your use of the Cloud Service with any third-party software, misuse, improper testing, unauthorized attempts to repair, modifications or customizations to the Cloud Service by You or any other cause beyond the range of the intended use of the Cloud Service;
ii. ; b against any Malware, data breaches and data losses which could not have been avoided by adequate, state-of-the art security in accordance with Our then-current security infrastructure; or
iii. or c that the Cloud Service will achieve Your intended results, nor that the Cloud Service has have been developed to meet Your individual requirements.
10.4 11.4 During the Subscription Term, if the Cloud Service does do not conform with the warranty provided in Section 10.111.1, We will at Our expense correct any such non-conformance or provide You with an alternative means of accomplishing the desired performance. If We cannot reasonably make such correction or substitution, as determined then We may, in Our sole discretion, We will refund You (or, in the case Your Subscription is purchased through an Authorized Reseller, arrange through such Authorized Reseller, the return of) any prepaid fees covering the remainder of the Subscription Term for the affected Cloud Service and terminate Your access to and use of the affected Cloud Service for which You have received the refund. Such correction, substitution, substitution or refund constitutes Your sole and exclusive remedy, and Our sole and exclusive liability for any breach of the warranty.
10.5 11.5 Warranty claims asserted under one Order shall have no effect on any other Orders or other contracts that are in place between You and Us.
10.6 11.6 To the maximum extent permitted by applicable law, the warranties and remedies provided in this Section 10 11 are exclusive and in lieu of all other warranties, express, implied or statutory, including warranties of merchantability, accuracy, correspondence with description, fitness for a purpose, satisfactory quality and non-infringement, all of which are, to the maximum extent permitted by applicable law, expressly disclaimed by Us, Our Affiliates, sub-contractors and suppliers.
10.7 11.7 You agree that Your purchase of the Cloud Service is not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments, statements or representations We made regarding future functionality or features.
Appears in 8 contracts
Samples: Cloud Services Agreement, Cloud Services Agreement, Cloud Services Agreement
Limited Warranties. 10.1 11.1 Subject to limitations in this SectionSections 11.2 and 11.3, We warrant that the Cloud Service Services shall substantially perform as specified in the Documentation during the Subscription Term, when used in accordance with the Documentation and the terms of the Agreement. This warranty (and the other terms of this Section 11) apply to any Updates We provide as part of the Support Services for a period from the date we deliver the Update for the remainder of the applicable Subscription Term. Support Services will be rendered with due care, skill and ability, ability and in accordance with recognized standards standard of industry good practice.
10.2 11.2 We do not warrant any specifications other than those set out in the Documentation, including without limitation statements made in presentations of the Cloud ServiceServices, Our public statements or advertising campaigns. Any warranty other than the limited warranty set out in Section 11.1 must be made in writing and confirmed by Our management. You acknowledge and are aware that, that Cloud Services and related documentation can never be fully error-free in accordance with the current state of technology, the Cloud Service cannot be fully error-free, or operate entirely without interruption.
10.3 11.3 We particularly do not warrant:
i. against problems caused by 11.3.1 that Your use of the Cloud Service Services with any third-party software, software or third-party services if such third-party software or third party services cause the problem(s) You reported;
11.3.2 problems caused by misuse, improper testing, unauthorized attempts to repair, modifications or customizations to the Cloud Service by You or any other cause beyond the range of the intended use of the Cloud ServiceSoftware, unless You can prove that such use was not the cause of such problem;
ii. 11.3.3 against any Malware, data breaches and data losses which could not have been avoided by adequate, state-of-the art security in accordance with Our then-current security infrastructure, as may be further described in the Documentation; or
iii. 11.3.4 that the Cloud Service Services will achieve Your intended results, nor that the Cloud Service has Services have been developed to meet Your individual requirements.
10.4 . During the Subscription Term, if the Cloud Service does Services do not conform with the warranty provided in Section 10.111.1, We will at Our our expense correct any such non-conformance or provide You with an alternative means of accomplishing the desired performance. If We cannot reasonably make such correction or substitution, as determined then We may, in Our sole discretion, We will refund You (or, in the case Your Subscription is purchased through an Authorized Reseller, arrange through such Authorized Reseller, the return of) any prepaid fees covering the remainder of the Subscription Term for the affected Cloud Service Services and terminate Your access to and use of the affected Cloud Service Services for which You have received the refund. Such correction, substitution, substitution or refund constitutes Your sole and exclusive remedy, and Our sole and exclusive liability for any breach of the warranty.
10.5 11.4 Warranty claims asserted under one Order shall have no effect on any other Orders or other contracts that are in place between You and Us.
10.6 11.5 To the maximum extent permitted by applicable law, the warranties and remedies provided in this Section 10 11 are exclusive and in lieu of all other warranties, terms and conditions, express, implied or statutory, including warranties warranties, terms and conditions of merchantability, accuracy, correspondence with description, fitness for a purpose, satisfactory quality and non-infringement, all of which are, to the maximum extent permitted by applicable law, expressly disclaimed by Us, Our Affiliates, sub-contractors and suppliers.
10.7 11.6 You agree that Your purchase of the Cloud Service is not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments, statements or representations We made regarding future functionality or features.
Appears in 6 contracts
Samples: Software as a Service Agreement, Software as a Service Agreement, Software as a Service Agreement
Limited Warranties. 10.1
11.1 Subject to limitations in this Section, We warrant that the Cloud Service shall substantially perform as specified in the Documentation during the Subscription Term, when used in accordance with the terms of the Agreement. Support Services will be rendered with due care, skill and ability, and in accordance with recognized standards standard of industry good practice.
10.2 11.2 We do not warrant any specifications other than those set out in the Documentation, including without limitation statements made in presentations of the Cloud Service, Our public statements or advertising campaigns. Any warranty other than the limited warranty set out in Section 11.1 must be made in writing and confirmed by Our management. You acknowledge and are aware that, in accordance with the current state of technology, the Cloud Service cannot can never be fully error-free, or operate entirely without interruption.
10.3 11.3 We particularly do not warrant:
i. : a against problems caused by Your use of the Cloud Service with any third-party software, misuse, improper testing, unauthorized attempts to repair, modifications or customizations to the Cloud Service by You or any other cause beyond the range of the intended use of the Cloud Service;
ii. ; b against any Malware, data breaches and data losses which could not have been avoided by adequate, state-of-the art security in accordance with Our then-current security infrastructure; or
iii. or c that the Cloud Service will achieve Your intended results, nor that the Cloud Service has have been developed to meet Your individual requirements.
10.4 11.4 During the Subscription Term, if the Cloud Service does do not conform with the warranty provided in Section 10.111.1, We will at Our expense correct any such non-conformance or provide You with an alternative means of accomplishing the desired performance. If We cannot reasonably make such correction or substitution, as determined then We may, in Our sole discretion, We will refund You (or, in the case Your Subscription is purchased through an Authorized Reseller, arrange through such Authorized Reseller, the return of) any prepaid fees covering the remainder of the Subscription Term for the affected Cloud Service and terminate Your access to and use of the affected Cloud Service for which You have received the refund. Such correction, substitution, substitution or refund constitutes Your sole and exclusive remedy, and Our sole and exclusive liability for any breach of the warranty.
10.5 11.5 Warranty claims asserted under one Order shall have no effect on any other Orders or other contracts that are in place between You and Us.
10.6 11.6 To the maximum extent permitted by applicable law, the warranties and remedies provided in this Section 10 11 are exclusive and in lieu of all other warranties, express, implied or statutory, including warranties of merchantability, accuracy, correspondence with description, fitness for a purpose, satisfactory quality and non-infringement, all of which are, to the maximum extent permitted by applicable law, expressly disclaimed by Us, Our Affiliates, sub-contractors and suppliers.
10.7 11.7 You agree that Your purchase of the Cloud Service is not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments, statements or representations We made regarding future functionality or features.features.
Appears in 4 contracts
Samples: Cloud Services Agreement, Cloud Services Agreement, Cloud Services Agreement
Limited Warranties. 10.1
9.1 Subject to limitations in this Section, We warrant that the Cloud Service Software and any Releases shall substantially perform as specified in the Documentation during the Subscription Term, when used in accordance with the terms of the Agreement. Support Services will be rendered with due care, skill and ability, and in accordance with recognized standards standard of industry good practice.
10.2 9.2 We do not warrant any specifications other than those set out in the Documentation, including without limitation statements made in presentations of the Cloud ServiceSoftware, Our public statements or advertising campaigns. Any warranty other than the limited warranty set out in Section 9.1 must be made in writing and confirmed by Us. You acknowledge and are aware that, in accordance with the current state of technology, the Cloud Service cannot Software can never be fully error-free, or operate entirely without interruption.
10.3 9.3 We particularly do not warrant:
i. : a against problems caused by Your use of the Cloud Service Software with any third-party software, misuse, improper testing, unauthorized attempts to repair, modifications or customizations to the Cloud Service Software by You or any other cause beyond the range of the intended use of the Cloud Service;
ii. Software; b against any Malware, data breaches and data losses which could not have been avoided by adequate, state-of-the art security in accordance with Our then-current security infrastructurepractices; or
iii. or c that the Cloud Service Software will achieve Your intended results, nor that the Cloud Service has Software have been developed to meet Your individual requirements.
10.4 9.4 During the Subscription Term, if the Cloud Service does Software do not conform with the warranty provided in Section 10.19.1, We will at Our expense correct any such non-conformance or provide You with an alternative means of accomplishing the desired performance. If We cannot reasonably make such correction or substitution, as determined then We may, in Our sole discretion, We will refund You (or, in the case Your Subscription is purchased through an Authorized Reseller, arrange through such Authorized Reseller, the return of) any prepaid fees covering the remainder of the Subscription Term for the affected Cloud Service Software and terminate Your access to and use of the affected Cloud Service Software for which You have received the refund. Such correction, substitution, substitution or refund constitutes Your sole and exclusive remedy, and Our sole and exclusive liability for any breach of the warranty.
10.5 9.5 Warranty claims asserted under one Order shall have no effect on any other Orders or other contracts that are in place between You and Us.
10.6 9.6 To the maximum extent permitted by applicable law, the warranties and remedies provided in this Section 10 11 are exclusive and in lieu of all other warranties, express, implied or statutory, including warranties of merchantability, accuracy, correspondence with description, fitness for a purpose, satisfactory quality and non-infringement, all of which are, to the maximum extent permitted by applicable law, expressly disclaimed by Us, Our Affiliates, sub-contractors and suppliers.
10.7 9.7 You agree that Your purchase of the Cloud Service Software is not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments, statements or representations We made regarding future functionality or features.features.
Appears in 4 contracts
Samples: Software Subscription Agreement, Software Subscription Agreement, Software Subscription Agreement
Limited Warranties. 10.1 Subject to limitations in this Section, We warrant that the Cloud Service shall substantially perform as specified in the Documentation during the Subscription Term, when used in accordance with the terms of the Agreement. Support Services will be rendered with due care, skill and ability, and in accordance with recognized standards of industry practice.
10.2 We do not warrant any specifications other than those set out in the Documentation, including without limitation statements made in presentations of the Cloud Service, Our public statements or advertising campaigns. You acknowledge and are aware that, in accordance with the current state of technology, the Cloud Service cancan not be fully error-free, or operate entirely without interruption.
10.3 We do not warrant:
i. a. against problems caused by Your use of the Cloud Service with any third-party software, misuse, improper testing, unauthorized attempts to repair, modifications or customizations to the Cloud Service by You or any other cause beyond the range of the intended use of the Cloud Service;
ii. b. against any Malware, data breaches and data losses which could not have been avoided by adequate, state-of-the art security in accordance with Our then-current security infrastructure; or
iii. c. that the Cloud Service will achieve Your intended results, nor that the Cloud Service has been developed to meet Your individual requirements.
10.4 During the Subscription Term, if the Cloud Service does not conform with the warranty provided in Section 10.1, We will at Our expense correct any such non-conformance or provide You with an alternative means of accomplishing the desired performance. If We cannot reasonably make such correction or substitution, as determined then We may, in Our sole discretion, We will refund You (or, in the case Your Subscription is purchased through an Authorized Reseller, arrange through such Authorized Reseller, the return of) any prepaid fees covering the remainder of the Subscription Term for the affected Cloud Service and terminate Your access to and use of the affected Cloud Service for which You have received the refund. Such correction, substitution, or refund constitutes Your sole and exclusive remedy, and Our sole and exclusive liability for any breach of the warranty.
10.5 Warranty claims asserted under one Order shall have no effect on any other Orders or other contracts that are in place between You and Us.
10.6 To the maximum extent permitted by applicable law, the warranties and remedies provided in this Section 10 11 are exclusive and in lieu of all other warranties, express, implied or statutory, including warranties of merchantability, accuracy, correspondence with description, fitness for a purpose, satisfactory quality and non-infringement, all of which are, to the maximum extent permitted by applicable law, expressly disclaimed by Us, Our Affiliates, sub-contractors and suppliers.
10.7 You agree that Your purchase of the Cloud Service is not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments, statements or representations We made regarding future functionality or features.
Appears in 3 contracts
Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement
Limited Warranties. 10.1 9.1 Subject to limitations in this Section, We warrant that the Cloud Service Software and any Releases shall substantially perform as specified in the Documentation during the Subscription Term, when used in accordance with the terms of the Agreement. Support Services will be rendered with due care, skill and ability, and in accordance with recognized standards standard of industry good practice.
10.2 9.2 We do not warrant any specifications other than those set out in the Documentation, including without limitation statements made in presentations of the Cloud ServiceSoftware, Our public statements or advertising campaigns. Any warranty other than the limited warranty set out in Section 9.1 must be made in writing and confirmed by Us. You acknowledge and are aware that, in accordance with the current state of technology, the Cloud Service cannot Software can never be fully error-free, or operate entirely without interruption.
10.3 9.3 We particularly do not warrant:
i. : a against problems caused by Your use of the Cloud Service Software with any third-party software, misuse, improper testing, unauthorized attempts to repair, modifications or customizations to the Cloud Service Software by You or any other cause beyond the range of the intended use of the Cloud Service;
ii. Software; b against any Malware, data breaches and data losses which could not have been avoided by adequate, state-of-the art security in accordance with Our then-current security infrastructurepractices; or
iii. or c that the Cloud Service Software will achieve Your intended results, nor that the Cloud Service has Software have been developed to meet Your individual requirements.
10.4 9.4 During the Subscription Term, if the Cloud Service does Software do not conform with the warranty provided in Section 10.19.1, We will at Our expense correct any such non-conformance or provide You with an alternative means of accomplishing the desired performance. If We cannot reasonably make such correction or substitution, as determined then We may, in Our sole discretion, We will refund You (or, in the case Your Subscription is purchased through an Authorized Reseller, arrange through such Authorized Reseller, the return of) any prepaid fees covering the remainder of the Subscription Term for the affected Cloud Service Software and terminate Your access to and use of the affected Cloud Service Software for which You have received the refund. Such correctionSUCH CORRECTION, substitutionSUBSTITUTION OR REFUND CONSTITUTES YOUR SOLE AND EXCLUSIVE REMEDY, or refund constitutes Your sole and exclusive remedy, and Our sole and exclusive liability for any breach of the warrantyAND OUR SOLE AND EXCLUSIVE LIABILITY FOR ANY BREACH OF THE WARRANTY.
10.5 9.5 Warranty claims asserted under one Order shall have no effect on any other Orders or other contracts that are in place between You and Us.
10.6 To the maximum extent permitted by applicable law9.6 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, the warranties and remedies provided in this Section 10 are exclusive and in lieu of all other warrantiesTHE WARRANTIES AND REMEDIES PROVIDED IN THIS SECTION ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, expressEXPRESS, implied or statutoryIMPLIED OR STATUTORY, including warranties of merchantabilityINCLUDING WARRANTIES OF MERCHANTABILITY, accuracyACCURACY, correspondence with descriptionCORRESPONDENCE WITH DESCRIPTION, fitness for a purposeFITNESS FOR A PURPOSE, satisfactory quality and nonSATISFACTORY QUALITY AND NON-infringementINFRINGEMENT, all of which areALL OF WHICH ARE, to the maximum extent permitted by applicable lawTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, expressly disclaimed by UsEXPRESSLY DISCLAIMED BY US, Our AffiliatesOUR AFFILIATES, sub-contractors and suppliersSUB- CONTRACTORS AND SUPPLIERS.
10.7 9.7 You agree that Your purchase of the Cloud Service Software is not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments, statements or representations We made regarding future functionality or features.
Appears in 3 contracts
Samples: Software Subscription Agreement, Software Subscription Agreement, Software Subscription Agreement
Limited Warranties. 10.1 11.1 Subject to limitations in this Section, We warrant that the Cloud Service shall substantially perform as specified in the Documentation during the Subscription Term, when used in accordance with the Documentation and the terms of the Agreement. Support Services will be rendered with due care, skill and ability, and in accordance with recognized standards standard of industry good practice.
10.2 11.2 We do not warrant any specifications other than those set out in the Documentation, including without limitation statements made in presentations of the Cloud Service, Our public statements or advertising campaigns. Any warranty other than the limited warranty set out in Section 11.1 must be made in writing and confirmed by Our management. You acknowledge and are aware that, in accordance with the current state of technology, the Cloud Service cannot and related Documentation can never be fully error-free, or operate entirely without interruption.
10.3 11.3 We particularly do not warrant:
i. : a against problems caused by Your use of the Cloud Service with any third-party software, misuse, improper testing, unauthorized attempts to repair, modifications or customizations to the Cloud Service by You or any other cause beyond the range of the intended use of the Cloud Service;
ii. ; b against any Malware, data breaches and data losses which could not have been avoided by adequate, state-of-the art security in accordance with Our then-current security infrastructure, as may be further described in the Documentation; or
iii. or c that the Cloud Service will achieve Your intended results, nor that the Cloud Service has have been developed to meet Your individual requirements.
10.4 11.4 During the Subscription Term, if the Cloud Service does do not conform with the warranty provided in Section 10.111.1, We will at Our expense correct any such non-conformance or provide You with an alternative means of accomplishing the desired performance. If We cannot reasonably make such correction or substitution, as determined then We may, in Our sole discretion, We will refund You (or, in the case Your Subscription is purchased through an Authorized Reseller, arrange through such Authorized Reseller, the return of) any prepaid fees covering the remainder of the Subscription Term for the affected Cloud Service and terminate Your access to and use of the affected Cloud Service for which You have received the refund. Such correction, substitution, substitution or refund constitutes Your sole and exclusive remedy, and Our sole and exclusive liability for any breach of the warranty.
10.5 11.5 Warranty claims asserted under one Order shall have no effect on any other Orders or other contracts that are in place between You and Us.
10.6 11.6 To the maximum extent permitted by applicable law, the warranties and remedies provided in this Section 10 11 are exclusive and in lieu of all other warranties, express, implied or statutory, including warranties of merchantability, accuracy, correspondence with description, fitness for a purpose, satisfactory quality and non-infringement, all of which are, to the maximum extent permitted by applicable law, expressly disclaimed by Us, Our Affiliates, sub-contractors and suppliers.
10.7 11.7 You agree that Your purchase of the Cloud Service is not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments, statements or representations We made regarding future functionality or features.
Appears in 3 contracts
Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement
Limited Warranties. 10.1 11.1 Subject to limitations in this SectionSections 11.2 and 11.3, We warrant that the Cloud Service Services shall substantially perform as specified in the Documentation during the Subscription Term, when used in accordance with the Documentation and the terms of the Agreement. This warranty (and the other terms of this Section 11) apply to any Updates We provide as part of the Support Services for a period from the date we deliver the Update for the remainder of the applicable Subscription Term. Support Services will be rendered with due care, skill and ability, ability and in accordance with recognized standards standard of industry good practice.
10.2 11.2 We do not warrant any specifications other than those set out in the Documentation, including without limitation statements made in presentations of the Cloud ServiceServices, Our public statements or advertising campaigns. Any warranty other than the limited warranty set out in Section 11.1 must be made in writing and confirmed by Our management. You acknowledge and are aware that, that Cloud Services and related documentation can never be fully error-free in accordance with the current state of technology, the Cloud Service cannot be fully error-free, or operate entirely without interruption.
10.3 11.3 We particularly do not warrant:
i. against problems caused by 11.3.1 that Your use of the Cloud Service Services with any third-party software, software or third-party services if such third-party software or third party services cause the problem(s) You reported;
11.3.2 problems caused by misuse, improper testing, unauthorized attempts to repair, modifications or customizations to the Cloud Service by You or any other cause beyond the range of the intended use of the Cloud ServiceSoftware, unless You can prove that such use was not the cause of such problem;
ii. 11.3.3 against any Malware, data breaches and data losses which could not have been avoided by adequate, state-of-the art security in accordance with Our then-current security infrastructure, as may be further described in the Documentation; or
iii. 11.3.4 that the Cloud Service Services will achieve Your intended results, nor that the Cloud Service has Services have been developed to meet Your individual requirements.
10.4 . During the Subscription Term, if the Cloud Service does Services do not conform with the warranty provided in Section 10.111.1, We will at Our our expense correct any such non-conformance or provide You with an alternative means of accomplishing the desired performance. If We cannot reasonably make such correction or substitution, as determined then We may, in Our sole discretion, We will refund You (or, in the case Your Subscription is purchased through an Authorized Reseller, arrange through such Authorized Reseller, the return of) any prepaid fees covering the remainder of the Subscription Term for the affected Cloud Service Services and terminate Your access to and use of the affected Cloud Service Services for which You have received the refund. Such correctionSUCH CORRECTION, substitutionSUBSTITUTION OR REFUND CONSTITUTES YOUR SOLE AND EXCLUSIVE REMEDY, or refund constitutes Your sole and exclusive remedy, and Our sole and exclusive liability for any breach of the warrantyAND OUR SOLE AND EXCLUSIVE LIABILITY FOR ANY BREACH OF THE WARRANTY.
10.5 11.4 Warranty claims asserted under one Order shall have no effect on any other Orders or other contracts that are in place between You and Us.
10.6 To the maximum extent permitted by applicable law11.5 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, the warranties and remedies provided in this Section 10 are exclusive and in lieu of all other warrantiesTHE WARRANTIES AND REMEDIES PROVIDED IN THIS SECTION 11 ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, expressTERMS AND CONDITIONS, implied or statutoryEXPRESS, including warranties of merchantabilityIMPLIED OR STATUTORY, accuracyINCLUDING WARRANTIES, correspondence with descriptionTERMS AND CONDITIONS OF MERCHANTABILITY, fitness for a purposeACCURACY, satisfactory quality and nonCORRESPONDENCE WITH DESCRIPTION, FITNESS FOR A PURPOSE, SATISFACTORY QUALITY AND NON-infringementINFRINGEMENT, all of which areALL OF WHICH ARE, to the maximum extent permitted by applicable lawTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, expressly disclaimed by UsEXPRESSLY DISCLAIMED BY US, Our AffiliatesOUR AFFILIATES, sub-contractors and suppliersSUB- CONTRACTORS AND SUPPLIERS.
10.7 You agree that Your purchase of the Cloud Service is not contingent on the delivery of any future functionality or features11.6 YOU AGREE THAT YOUR PURCHASE OF THE CLOUD SERVICE IS NOT CONTINGENT ON THE DELIVERY OF ANY FUTURE FUNCTIONALITY OR FEATURES, or dependent on any oral or written public commentsOR DEPENDENT ON ANY ORAL OR WRITTEN PUBLIC COMMENTS, statements or representations We made regarding future functionality or featuresSTATEMENTS OR REPRESENTATIONS WE MADE REGARDING FUTURE FUNCTIONALITY OR FEATURES.
Appears in 2 contracts
Samples: Software as a Service Agreement, Software as a Service Agreement
Limited Warranties. 10.1 11.1 Subject to limitations in this Section, We warrant that the Cloud Service shall substantially perform as specified in the Documentation during the Subscription Term, when used in accordance with the terms of the Agreement. Support Services will be rendered with due care, skill and ability, and in accordance with recognized standards standard of industry good practice.
10.2 11.2 We do not warrant any specifications other than those set out in the Documentation, including without limitation statements made in presentations of the Cloud Service, Our public statements or advertising campaigns. Any warranty other than the limited warranty set out in Section 11.1 must be made in writing and confirmed by Our management. You acknowledge and are aware that, in accordance with the current state of technology, the Cloud Service cannot can never be fully error-free, or operate entirely without interruption.
10.3 11.3 We particularly do not warrant:
i. : a against problems caused by Your use of the Cloud Service with any third-party software, misuse, improper testing, unauthorized attempts to repair, modifications or customizations to the Cloud Service by You or any other cause beyond the range of the intended use of the Cloud Service;
ii. ; b against any Malware, data breaches and data losses which could not have been avoided by adequate, state-of-the art security in accordance with Our then-current security infrastructure; or
iii. or c that the Cloud Service will achieve Your intended results, nor that the Cloud Service has have been developed to meet Your individual requirements.
10.4 11.4 During the Subscription Term, if the Cloud Service does do not conform with the warranty provided in Section 10.111.1, We will at Our expense correct any such non-conformance or provide You with an alternative means of accomplishing the desired performance. If We cannot reasonably make such correction or substitution, as determined then We may, in Our sole discretion, We will refund You (or, in the case Your Subscription is purchased through an Authorized Reseller, arrange through such Authorized Reseller, the return of) any prepaid fees covering the remainder of the Subscription Term for the affected Cloud Service and terminate Your access to and use of the affected Cloud Service for which You have received the refund. Such correctionSUCH CORRECTION, substitutionSUBSTITUTION OR REFUND CONSTITUTES YOUR SOLE AND EXCLUSIVE REMEDY, or refund constitutes Your sole and exclusive remedy, and Our sole and exclusive liability for any breach of the warrantyAND OUR SOLE AND EXCLUSIVE LIABILITY FOR ANY BREACH OF THE WARRANTY.
10.5 11.5 Warranty claims asserted under one Order shall have no effect on any other Orders or other contracts that are in place between You and Us.
10.6 To the maximum extent permitted by applicable law11.6 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, the warranties and remedies provided in this Section 10 are exclusive and in lieu of all other warrantiesTHE WARRANTIES AND REMEDIES PROVIDED IN THIS SECTION 11 ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, expressEXPRESS, implied or statutoryIMPLIED OR STATUTORY, including warranties of merchantabilityINCLUDING WARRANTIES OF MERCHANTABILITY, accuracyACCURACY, correspondence with descriptionCORRESPONDENCE WITH DESCRIPTION, fitness for a purposeFITNESS FOR A PURPOSE, satisfactory quality and nonSATISFACTORY QUALITY AND NON-infringementINFRINGEMENT, all of which areALL OF WHICH ARE, to the maximum extent permitted by applicable lawTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, expressly disclaimed by UsEXPRESSLY DISCLAIMED BY US, Our AffiliatesOUR AFFILIATES, sub-contractors and suppliersSUB- CONTRACTORS AND SUPPLIERS.
10.7 11.7 You agree that Your purchase of the Cloud Service is not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments, statements or representations We made regarding future functionality or features.
Appears in 1 contract
Samples: Cloud Services Agreement
Limited Warranties. 10.1 Subject to limitations in this Section, We warrant that the Cloud Service shall substantially perform as specified in the Documentation during the Subscription Term, when used in accordance with the terms of the Agreement. Support Services will be rendered with due care, skill and ability, and in accordance with recognized standards of industry practice.
10.2 We do not warrant any specifications other than those set out in the Documentation, including without limitation statements made in presentations of the Cloud Service, Our public statements or advertising campaigns. You acknowledge and are aware that, in accordance with the current state of technology, the Cloud Service cancan not be fully error-free, or operate entirely without interruption.
10.3 We do not warrant:
i. a. against problems caused by Your use of the Cloud Service with any third-party software, misuse, improper testing, unauthorized attempts to repair, modifications or customizations to the Cloud Service by You or any other cause beyond the range of the intended use of the Cloud Service;
ii. b. against any Malware, data breaches and data losses which could not have been avoided by adequate, state-of-the art security in accordance with Our then-current security infrastructure; or
iii. c. that the Cloud Service will achieve Your intended results, nor that the Cloud Service has been developed to meet Your individual requirements.
10.4 During the Subscription Term, if the Cloud Service does not conform with the warranty provided in Section 10.1, We will at Our expense correct any such non-conformance or provide You with an alternative means of accomplishing the desired performance. If We cannot reasonably make such correction or substitution, as determined then We may, in Our sole discretion, We will refund You (or, in the case Your Subscription is purchased through an Authorized Reseller, arrange through such Authorized Reseller, the return of) any prepaid fees covering the remainder of the Subscription Term for the affected Cloud Service and terminate Your access to and use of the affected Cloud Service for which You have received the refund. Such correctionSUCH CORRECTION, substitutionSUBSTITUTION, or refund constitutes Your sole and exclusive remedyOR REFUND CONSTITUTES YOUR SOLE AND EXCLUSIVE REMEDY, and Our sole and exclusive liability for any breach of the warrantyAND OUR SOLE AND EXCLUSIVE LIABILITY FOR ANY BREACH OF THE WARRANTY.
10.5 Warranty claims asserted under one Order shall have no effect on any other Orders or other contracts that are in place between You and Us.
10.6 To the maximum extent permitted by applicable lawTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, the warranties and remedies provided in this Section 10 are exclusive and in lieu of all other warrantiesTHE WARRANTIES AND REMEDIES PROVIDED IN THIS SECTION 11 ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, expressEXPRESS, implied or statutoryIMPLIED OR STATUTORY, including warranties of merchantabilityINCLUDING WARRANTIES OF MERCHANTABILITY, accuracyACCURACY, correspondence with descriptionCORRESPONDENCE WITH DESCRIPTION, fitness for a purposeFITNESS FOR A PURPOSE, satisfactory quality and nonSATISFACTORY QUALITY AND NON-infringementINFRINGEMENT, all of which areALL OF WHICH ARE, to the maximum extent permitted by applicable lawTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, expressly disclaimed by UsEXPRESSLY DISCLAIMED BY US, Our AffiliatesOUR AFFILIATES, sub-contractors and suppliersSUB- CONTRACTORS AND SUPPLIERS.
10.7 You agree that Your purchase of the Cloud Service is not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments, statements or representations We made regarding future functionality or features.
Appears in 1 contract
Samples: Master Services Agreement
Limited Warranties. 10.1 11.1 Subject to limitations in this Section, We warrant that the Cloud Service shall substantially perform as specified in the Documentation during the Subscription Term, when used in accordance with the terms of the Agreement. Support Services will be rendered with due care, skill and ability, and in accordance with recognized standards standard of industry good practice.
10.2 11.2 We do not warrant any specifications other than those set out in the Documentation, including without limitation statements made in presentations of the Cloud Service, Our public statements or advertising campaigns. Any warranty other than the limited warranty set out in Section 11.1 must be made in writing and confirmed by Our management. You acknowledge and are aware that, in accordance with the current state of technology, the Cloud Service cannot can never be fully error-free, or operate entirely without interruption.
10.3 11.3 We particularly do not warrant:
i. : a against problems caused by Your use of the Cloud Service with any third-party software, misuse, improper testing, unauthorized attempts to repair, modifications or customizations to the Cloud Service by You or any other cause beyond the range of the intended use of the Cloud Service;
ii. ; b against any Malware, data breaches and data losses which could not have been avoided by adequate, state-of-the art security in accordance with Our then-current security infrastructure; or
iii. or c that the Cloud Service will achieve Your intended results, nor that the Cloud Service has have been developed to meet Your individual requirements.
10.4 11.4 During the Subscription Term, if the Cloud Service does do not conform with the warranty provided in Section 10.111.1, We will at Our expense correct any such non-conformance or provide You with an alternative means of accomplishing the desired performance. If We cannot reasonably make such correction or substitution, as determined then We may, in Our sole discretion, We will refund You (or, in the case Your Subscription is purchased through an Authorized Reseller, arrange through such Authorized Reseller, the return of) any prepaid fees covering the remainder of the Subscription Term for the affected Cloud Service and terminate Your access to and use of the affected Cloud Service for which You have received the refund. Such correctionSUCH CORRECTION, substitutionSUBSTITUTION OR REFUND CONSTITUTES YOUR SOLE AND EXCLUSIVE REMEDY, or refund constitutes Your sole and exclusive remedy, and Our sole and exclusive liability for any breach of the warrantyAND OUR SOLE AND EXCLUSIVE LIABILITY FOR ANY BREACH OF THE WARRANTY.
10.5 11.5 Warranty claims asserted under one Order shall have no effect on any other Orders or other contracts that are in place between You and Us.
10.6 To the maximum extent permitted by applicable law11.6 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, the warranties and remedies provided in this Section 10 are exclusive and in lieu of all other warrantiesTHE WARRANTIES AND REMEDIES PROVIDED IN THIS SECTION 11 ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, expressEXPRESS, implied or statutoryIMPLIED OR STATUTORY, including warranties of merchantabilityINCLUDING WARRANTIES OF MERCHANTABILITY, accuracyACCURACY, correspondence with descriptionCORRESPONDENCE WITH DESCRIPTION, fitness for a purposeFITNESS FOR A PURPOSE, satisfactory quality and nonSATISFACTORY QUALITY AND NON-infringementINFRINGEMENT, all of which areALL OF WHICH ARE, to the maximum extent permitted by applicable lawTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, expressly disclaimed by UsEXPRESSLY DISCLAIMED BY US, Our AffiliatesOUR AFFILIATES, sub-contractors and suppliersSUB- CONTRACTORS AND SUPPLIERS.
10.7 11.7 You agree that Your purchase of the Cloud Service is not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments, statements or representations We made regarding future functionality or features.features.
Appears in 1 contract
Samples: Master Services Agreement
Limited Warranties. 10.1
11.1 Subject to limitations in this Section, We warrant that the Cloud Service shall substantially perform as specified in the Documentation during the Subscription Term, when used in accordance with the terms of the Agreement. Support Services will be rendered with due care, skill and ability, and in accordance with recognized standards standard of industry good practice.
10.2 11.2 We do not warrant any specifications other than those set out in the Documentation, including without limitation statements made in presentations of the Cloud Service, Our public statements or advertising campaigns. Any warranty other than the limited warranty set out in Section 11.1 must be made in writing and confirmed by Our management. You acknowledge and are aware that, in accordance with the current state of technology, the Cloud Service cannot can never be fully error-free, or operate entirely without interruption.
10.3 11.3 We particularly do not warrant:
i. : a against problems caused by Your use of the Cloud Service with any third-party software, misuse, improper testing, unauthorized attempts to repair, modifications or customizations to the Cloud Service by You or any other cause beyond the range of the intended use of the Cloud Service;
ii. ; b against any Malware, data breaches and data losses which could not have been avoided by adequate, state-of-the art security in accordance with Our then-current security infrastructure; or
iii. or c that the Cloud Service will achieve Your intended results, nor that the Cloud Service has have been developed to meet Your individual requirements.
10.4 11.4 During the Subscription Term, if the Cloud Service does do not conform with the warranty provided in Section 10.111.1, We will at Our expense correct any such non-conformance or provide You with an alternative means of accomplishing the desired performance. If We cannot reasonably make such correction or substitution, as determined then We may, in Our sole discretion, We will refund You (or, in the case Your Subscription is purchased through an Authorized Reseller, arrange through such Authorized Reseller, the return of) any prepaid fees covering the remainder of the Subscription Term for the affected Cloud Service and terminate Your access to and use of the affected Cloud Service for which You have received the refund. Such correctionSUCH CORRECTION, substitutionSUBSTITUTION OR REFUND CONSTITUTES YOUR SOLE AND EXCLUSIVE REMEDY, or refund constitutes Your sole and exclusive remedy, and Our sole and exclusive liability for any breach of the warrantyAND OUR SOLE AND EXCLUSIVE LIABILITY FOR ANY BREACH OF THE WARRANTY.
10.5 11.5 Warranty claims asserted under one Order shall have no effect on any other Orders or other contracts that are in place between You and Us.
10.6 To the maximum extent permitted by applicable law11.6 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, the warranties and remedies provided in this Section 10 are exclusive and in lieu of all other warrantiesTHE WARRANTIES AND REMEDIES PROVIDED IN THIS SECTION 11 ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, expressEXPRESS, implied or statutoryIMPLIED OR STATUTORY, including warranties of merchantabilityINCLUDING WARRANTIES OF MERCHANTABILITY, accuracyACCURACY, correspondence with descriptionCORRESPONDENCE WITH DESCRIPTION, fitness for a purposeFITNESS FOR A PURPOSE, satisfactory quality and nonSATISFACTORY QUALITY AND NON-infringementINFRINGEMENT, all of which areALL OF WHICH ARE, to the maximum extent permitted by applicable lawTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, expressly disclaimed by UsEXPRESSLY DISCLAIMED BY US, Our AffiliatesOUR AFFILIATES, sub-contractors and suppliersSUB- CONTRACTORS AND SUPPLIERS.
10.7 11.7 You agree that Your purchase of the Cloud Service is not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments, statements or representations We made regarding future functionality or features.
Appears in 1 contract
Samples: Cloud Services Agreement
Limited Warranties. 10.1
9.1 Subject to limitations in this Section, We warrant that the Cloud Service Software and any Releases shall substantially perform as specified in the Documentation during the Subscription Term, when used in accordance with the terms of the Agreement. Support Services will be rendered with due care, skill and ability, and in accordance with recognized standards standard of industry good practice.
10.2 9.2 We do not warrant any specifications other than those set out in the Documentation, including without limitation statements made in presentations of the Cloud ServiceSoftware, Our public statements or advertising campaigns. Any warranty other than the limited warranty set out in Section 9.1 must be made in writing and confirmed by Us. You acknowledge and are aware that, in accordance with the current state of technology, the Cloud Service cannot Software can never be fully error-free, or operate entirely without interruption.
10.3 9.3 We particularly do not warrant:
i. : a against problems caused by Your use of the Cloud Service Software with any third-party software, misuse, improper testing, unauthorized attempts to repair, modifications or customizations to the Cloud Service Software by You or any other cause beyond the range of the intended use of the Cloud Service;
ii. Software; b against any Malware, data breaches and data losses which could not have been avoided by adequate, state-of-the art security in accordance with Our then-current security infrastructurepractices; or
iii. or c that the Cloud Service Software will achieve Your intended results, nor that the Cloud Service has Software have been developed to meet Your individual requirements.
10.4 9.4 During the Subscription Term, if the Cloud Service does Software do not conform with the warranty provided in Section 10.19.1, We will at Our expense correct any such non-conformance or provide You with an alternative means of accomplishing the desired performance. If We cannot reasonably make such correction or substitution, as determined then We may, in Our sole discretion, We will refund You (or, in the case Your Subscription is purchased through an Authorized Reseller, arrange through such Authorized Reseller, the return of) any prepaid fees covering the remainder of the Subscription Term for the affected Cloud Service Software and terminate Your access to and use of the affected Cloud Service Software for which You have received the refund. Such correctionSUCH CORRECTION, substitutionSUBSTITUTION OR REFUND CONSTITUTES YOUR SOLE AND EXCLUSIVE REMEDY, or refund constitutes Your sole and exclusive remedy, and Our sole and exclusive liability for any breach of the warrantyAND OUR SOLE AND EXCLUSIVE LIABILITY FOR ANY BREACH OF THE WARRANTY.
10.5 9.5 Warranty claims asserted under one Order shall have no effect on any other Orders or other contracts that are in place between You and Us.
10.6 To the maximum extent permitted by applicable law9.6 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, the warranties and remedies provided in this Section 10 are exclusive and in lieu of all other warrantiesTHE WARRANTIES AND REMEDIES PROVIDED IN THIS SECTION ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, expressEXPRESS, implied or statutoryIMPLIED OR STATUTORY, including warranties of merchantabilityINCLUDING WARRANTIES OF MERCHANTABILITY, accuracyACCURACY, correspondence with descriptionCORRESPONDENCE WITH DESCRIPTION, fitness for a purposeFITNESS FOR A PURPOSE, satisfactory quality and nonSATISFACTORY QUALITY AND NON-infringementINFRINGEMENT, all of which areALL OF WHICH ARE, to the maximum extent permitted by applicable lawTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, expressly disclaimed by UsEXPRESSLY DISCLAIMED BY US, Our AffiliatesOUR AFFILIATES, sub-contractors and suppliersSUB- CONTRACTORS AND SUPPLIERS.
10.7 9.7 You agree that Your purchase of the Cloud Service Software is not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments, statements or representations We made regarding future functionality or features.
Appears in 1 contract
Samples: Software Subscription Agreement
Limited Warranties. 10.1 11.1 Subject to limitations in this Section, We warrant that the Cloud Service shall substantially perform as specified in the Documentation during the Subscription Term, when used in accordance with the Documentation and the terms of the Agreement. Support Services will be rendered with due care, skill and ability, and in accordance with recognized standards standard of industry good practice.
10.2 11.2 We do not warrant any specifications other than those set out in the Documentation, including without limitation statements made in presentations of the Cloud Service, Our public statements or advertising campaigns. Any warranty other than the limited warranty set out in Section 11.1 must be made in writing and confirmed by Our management. You acknowledge and are aware that, in accordance with the current state of technology, the Cloud Service cannot and related Documentation can never be fully error-free, or operate entirely without interruption.
10.3 11.3 We particularly do not warrant:
i. : a against problems caused by Your use of the Cloud Service with any third-party software, misuse, improper testing, unauthorized attempts to repair, modifications or customizations to the Cloud Service by You or any other cause beyond the range of the intended use of the Cloud Service;
ii. ; b against any Malware, data breaches and data losses which could not have been avoided by adequate, state-of-the art security in accordance with Our then-current security infrastructure, as may be further described in the Documentation; or
iii. or c that the Cloud Service will achieve Your intended results, nor that the Cloud Service has have been developed to meet Your individual requirements.
10.4 11.4 During the Subscription Term, if the Cloud Service does do not conform with the warranty provided in Section 10.111.1, We will at Our expense correct any such non-conformance or provide You with an alternative means of accomplishing the desired performance. If We cannot reasonably make such correction or substitution, as determined then We may, in Our sole discretion, We will refund You (or, in the case Your Subscription is purchased through an Authorized Reseller, arrange through such Authorized Reseller, the return of) any prepaid fees covering the remainder of the Subscription Term for the affected Cloud Service and terminate Your access to and use of the affected Cloud Service for which You have received the refund. Such correction, substitution, substitution or refund constitutes Your sole and exclusive remedy, and Our sole and exclusive liability for any breach of the warranty.
10.5 11.5 Warranty claims asserted under one Order shall have no effect on any other Orders or other contracts that are in place between You and Us.
10.6 11.6 To the maximum extent permitted by applicable law, the warranties and remedies provided in this Section 10 11 are exclusive and in lieu of all other warranties, express, implied or statutory, including warranties of merchantability, accuracy, correspondence with description, fitness for a purpose, satisfactory quality and non-infringement, all of which are, to the maximum extent permitted by applicable law, expressly disclaimed by Us, Our Affiliates, sub-contractors and suppliers.
10.7 11.7 You agree that Your purchase of the Cloud Service is not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments, statements or representations We made regarding future functionality or features.features.
Appears in 1 contract
Samples: Master Services Agreement