Limited Warranty and Customer Remedies Sample Clauses

Limited Warranty and Customer Remedies. SAGE warrants that for twelve (12) months from the date of original purchase the hardware dongle will be free from defects in materials and workmanship. SAGE’s entire liability and your exclusive remedy shall be replacement of the defective dongle. To receive replacement of defective dongle, you must through SAGE authorized partners, return the defective dongle to SAGE at your expense with a copy of your Receipt. This limited warranty is void if the defect has resulted from accident, abuse, or misapplication on your own. Any replacement dongle will be warranted for the remainder of the original warranty period.
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Limited Warranty and Customer Remedies. Software FX warrants to the person or entity that first purchases a license for use of the Software pursuant to the terms of this Software License Agreement that (i) the Software will perform substantially in accordance with any accompanying Documentation for a period of ninety (90) days from the date of receipt. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the Software, if any, are limited to ninety (90) days. Software FX’s and its suppliers’ entire liability and your exclusive remedy shall be, at Software FX’s option, either (i) return of the price paid, if any, or (ii) repair or replacement of the Software that does not meet Software FX’s Limited Warranty and which is returned to Software FX with a copy of your receipt. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use, Trojan horse, virus, or any other malicious external code. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. This limited warranty does not apply to Evaluation and/or Pre-release Software.
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Limited Warranty and Customer Remedies. Software FX warrants that (i) the Software will perform substantially in accordance with any accompanying Documentation for a period of ninety (90) days from the date of receipt. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the Software, if any, are limited to ninety (90) days. Software FX’s and its suppliers’ entire liability and your exclusive remedy shall be, at Software FX’s option, either (i) return of the price paid, if any, or (ii) repair or replacement of the Software that does not meet Software FX’s Limited Warranty and which is returned to Software FX with a copy of your receipt. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use, Trojan horse, virus, or any other malicious external code. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. This limited warranty does not apply to Evaluation and/or Pre-release Software.
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Limited Warranty and Customer Remedies. (a) COMPANY warrants that the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt.
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Limited Warranty and Customer Remedies. DocsCorp warrants to the person or entity that first licenses the Software pursuant to the terms of this XXXX that
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Limited Warranty and Customer Remedies. In accordance with the Pricer Limited Warranty attached hereto, which is hereby included and incorporated into this agreement by this reference. Infringement Indemnity Pricer shall, at its expense, defend and indemnify the Customer against any claim that the SOFTWARE or the Customer's Use thereof in accordance with this Agreement violates a trade secret or copyright, provided that Customer (a) gives Pricer prompt written notice of any claim, (b) allows Pricer to have full control of the defence and settlement of the claim, and (c) provides Pricer with the authority, information, and assistance that Pricer deems reasonably necessary for the defence or settlement of the claim. In connection with any such claim of infringement, Pricer shall, at its sole option, (a) replace the SOFTWARE with equally suitable software free of infringement, (b) modify the SOFTWARE to make it free of infringement, (c) procure at no additional cost to the Customer the right to continue to use the SOFTWARE or (d) direct the Customer to terminate the use of, and return, the SOFTWARE and DOCUMENTATION and refund the Customer for the license fees paid for use of the SOFTWARE, less a reasonable charge for the time during which Customer has had possession of the SOFTWARE based on a linear depreciation assuming a useful life of three years. In the event that Pricer, in connection with the settlement of any claim of infringement, directs the Customer to terminate the use of the SOFTWARE, or in the event of a final, non-appealed or irrevocable injunction against the Customer's use of the SOFTWARE by reason of infringement, the Customer shall terminate the use of, and return, the SOFTWARE and DOCUMENTATION and Customer's remedies shall be limited to a claim for damages required to be paid by the Customer for the infringement and for a refund of the license fees the Customer has paid for the use of the SOFTWARE less a reasonable charge for the time during which Customer has had possession of the SOFTWARE based on a linear depreciation assuming a useful life of three years. Notwithstanding the foregoing, Pricer shall take no liability for any claim of infringement to the extent that it is based on modification of the SOFTWARE other than that done by Pricer, with or without authorization, or combining the SOFTWARE with other software or hardware not supplied by Pricer. THIS SECTION SETS FORTH PRICER'S ENTIRE LIABILITY AND THE CUSTOMER'S ENTIRE REMEDIES WITH RESPECT TO INTELLECTUAL PRO¬PERTY RI...
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Limited Warranty and Customer Remedies. Licensor warrants to you that the PREspective Software (i) will perform substantially in accordance with any accompanying Documentation for a period of 60 (sixty) days from the date of receipt, and (ii) any support services provided by Licensor in relation to the PREspective Software shall be substantially as described in Article 8. To the extent allowed by applicable law, implied warranties on the Software, if any, are limited to 60 (sixty) days. Licensor’s entire liability and your exclusive remedy shall be, at Licensor’s option, either (i) return of the price paid, if any, or (ii) repair or replacement of the PREspective Software that does not meet Licensor’s limited warranty. This limited warranty is void if failure of the PREspective Software has resulted from accident, abuse, misapplication, abnormal use, Trojan horse, virus, or any other malicious external code. Any replacement Software will be warranted for the remainder of the original warranty period or 30 (thirty) days, whichever is longer. This limited warranty does not apply to the use of the PREspective Software under a Trial License, to which Article 6 applies.
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Limited Warranty and Customer Remedies. Xxxxxxx & Xxx Consulting warrants to the person or entity that first purchases a license for use of the Software pursuant to the terms of this Software License Agreement that (i) the Software will perform substantially in accordance with any accompanying Documentation for a period of ninety (90) days from the date of receipt, and (ii) any support services provided by Xxxxxxx & Xxx Consulting shall be substantially as described in any accompanying Documentation. To the extent allowed by applicable law, implied warranties on the Software, if any, are limited to ninety (90) days. Xxxxxxx & Xxx Consulting’s and its suppliers’ entire liability and your exclusive remedy shall be, at Xxxxxxx & Xxx Consulting’s option, either (i) return of the price paid, if any, or (ii) repair or replacement of the Software that does not meet Xxxxxxx & Xxx Consulting’s Limited Warranty and which is returned to Xxxxxxx & Xxx Consulting with a copy of your receipt. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use, Trojan horse, virus, or any other malicious external code. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
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Related to Limited Warranty and Customer Remedies

  • Limited Warranty If Customer obtained the Software directly from TIBCO, then TIBCO warrants that for a period of thirty (30) days from the Purchase Date: (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current release.

  • Service Warranty Provider has carefully examined and analyzed the provisions of this Agreement, including but not limited to all exhibits attached and incorporated into it, and can and will perform, or cause, the Services to be performed in strict accordance with the provisions and requirements of the Agreement. Services will be performed in a timely, professional and workmanlike manner in accordance with all applicable industry and professional standards.

  • Customer Warranties Customer represents and warrants that:

  • Disclaimer of Implied Warranties The warranty set forth herein is in lieu of, and ‘Reseller’ expressly disclaims all other product warranties of any kind whatsoever whether express, implied, statutory, arising by course of dealing or performance, custom, usage in the trade or otherwise, any warranty of merchantability, or fitness for a particular purpose, and in any event no such implied warranty has applicability beyond the time period covered by this warranty.

  • 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. Infringement 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.

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