Limited Warranty and Disclaimer a. Except with respect to Trial / Demo Version, Non-commercial Lite Version and Not For Resale Version of the Software, PremiumSoft warrants that, for a period of thirty (30) days from the date of delivery (as evidenced by a copy of your receipt): the physical media on which the Software is furnished will be free from defects in materials and workmanship under normal use. The Software is provided "as is". PremiumSoft makes no warranties, express or implied, arising from course of dealing or usage of trade, or statutory, as to any matter whatsoever.
b. PremiumSoft provides no remedies or warranties, whether express or implied, for Trial / Demo version, Non-commercial Lite version and the Not for Resale version of the Software. Trial / Demo version, Non-commercial Lite version and the Not for Resale version of the Software are provided "as is".
c. Except as set Forth in the foregoing limited warranty with respect to software other than Trial/ Demo version, Non-commercial Lite version and Not for Resale version, PremiumSoft and its suppliers disclaim all other warranties and representations, whether express, implied, or otherwise, including the warranties of merchantability or fitness for a particular purpose. Also, there is no warranty of non-infringement and title or quiet enjoyment. PremiumSoft does not warrant that the Software is error-free or will operate without interruption. The Software is not designed, intended or licensed for use in hazardous environments requiring fail-safe controls, including without limitation, the design, construction, maintenance or operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, and life support or weapons systems. PremiumSoft specifically disclaims any express or implied warranty of fitness for such purposes.
d. If applicable law requires any warranties with respect to the Software, all such warranties are limited in duration to thirty (30) days from the date of delivery.
e. No oral or written information or advice given by PremiumSoft, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of ANY warranty PROVIDED HEREIN.
Limited Warranty and Disclaimer a. Except with respect to an evaluation version of the Product, EaseFilter warrants that, for a period of thirty (30) days from the date of delivery (as evidenced by a copy of your receipt): (i) when used with a recommended hardware configuration, the Product will perform in substantial conformance with the documentation supplied with the Product; and (ii) the physical media on which the Product is furnished, if any, will be free from defects in materials and workmanship under normal use.
b. EASEFILTER PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR EVALUATION VERSIONS OF THE PRODUCT. THE EVALUATION VERSION OF THE PRODUCT IS PROVIDED "AS IS".
c. EASEFILTER AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EASEFILTER DOES NOT WARRANT THAT THE PRODUCT IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. THE PRODUCT IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. EASEFILTER SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
e. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EASEFILTER, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
Limited Warranty and Disclaimer. 5.1 ORACLE LICENSES THE TCK ON AN "AS IS" BASIS. ALL REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT ARE HEREBY DISCLAIMED.
Limited Warranty and Disclaimer. (a) In most instances, Signify Products are sold subject to an applicable standard limited warranty either accompanying the product or as published on Signify’s website as the standard warranty applicable for a particular Product (the “Standard Product Warranty”). For any Product that is sold by Signify that is not subject to an applicable Standard Product Warranty, Signify warrants only that for one (1) year from delivery to Customer the Products will be free from Defects. For any Services that are performed by Signify, Signify warrants only that for thirty (30) days from the performance, the Service will be free from Defects (except in respect of Installation where this thirty (30) days’ warranty period will commence upon acceptance as set out in section 6(c). A "Defect" (or “Defective”) means, in relation to a Product, that a Product has any defect in material or workmanship which causes the Product to fail to operate in accordance with the specifications provided by Signify, with consideration given to the overall performance of the Product and, in relation to Services, means that the Service has not been performed in a competent, diligent manner.
Limited Warranty and Disclaimer. Hyperion warrants that for a period of ninety (90) days following delivery of the Software by SPSS to an End User, the Software, excluding Updates for purposes of this Section 9(g), will materially conform to Hyperion's then-current Documentation. The preceding warranty will only apply to problems reported to Hyperion during the warranty period and will not apply: (i) where the Software is not used in accordance with the Documentation; (ii) if the Software or any part of thereof has been altered or modified without the prior written consent of Hyperion; or (iii) where a defect in the Software has been caused by any of the End Users' or SPSS' malfunctioning equipment. SPSS warrants that for a period of ninety (90) days following delivery of the ShowCase AS/400 Port by Hyperion to an End User, the ShowCase AS/400 Port, excluding Updates for purposes of this Section 9(g), will materially conform to SPSS' then-current Documentation. The preceding warranty will only apply to problems reported to SPSS during the warranty period and will not apply: (i) where the ShowCase AS/400 Port is not used in accordance with the Documentation; (ii) if the ShowCase AS/400 Port or any part of thereof has been altered or modified without the prior written consent of SPSS; or (iii) where a defect in the ShowCase AS/400 Port has been caused by any of the End Users' or Hyperion's malfunctioning equipment. EXCEPT FOR ANY EXPRESS WARRANTIES MADE HEREIN, HYPERION AND SPSS MAKE NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE SOFTWARE, THE SHOWCASE AS/400 PORT, AND ANY SERVICES COVERED BY the AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY WARRANTS, GUARANTEES, OR MAKES ANY REPRESENTATIONS THAT THE SOFTWARE OR SHOWCASE AS/400 PORT is ERROR-FREE OR REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE OR SHOWCASE AS/400 PORT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
Limited Warranty and Disclaimer. Except in the case of an Evaluation License, Azul warrants for a period of ninety (90) days from the beginning of the applicable Software Services Term that the Product will materially conform to Azul’s then current Documentation for such Product. This warranty covers only problems reported to Azul during the warranty period. ANY LIABILITY OF AZUL WITH RESPECT TO A PRODUCT OR THE PERFORMANCE THEREOF UNDER ANY WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR, IF REPLACEMENT IS INADEQUATE AS A REMEDY OR, IN AZUL’S OPINION, IMPRACTICAL, TO A REFUND OF AN APPROPRIATE PORTION THE REMAINING UNAMORTIZED SOFTWARE SERVICES FEE PAID BY CUSTOMER FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIM. EXCEPT FOR THE FOREGOING WARRANTY BY AZUL, ALL PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND FROM ANYONE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. FURTHER, AZUL DOES NOT WARRANT RESULTS OF USE OR THAT THE PRODUCTS ARE BUG FREE OR THAT THE PRODUCT’S USE WILL BE UNINTERRUPTED.
Limited Warranty and Disclaimer a. Company warrants that the elements of the Service provided by Company will substantially conform to this Agreement and any related documentation, if such documentation is provided by Company. Licensee's sole and exclusive remedies and Company's entire obligations to Licensee, any User or any other person or entity hereunder for any breach of this warranty, shall be, at Company’s election, for Company to refund to Licensee 33% of the subscription fee paid directly to Company (i.e., not including any fees paid to Vendor) in the calendar year in which the breach first occurred. Company does not warrant the accuracy of any data or information furnished to Licensee that is created from Licensee Data, Licensee Systems or Software, or any element of the Service provided by Vendor.
b. EXCEPT AS EXPRESSLY PROVIDED HEREIN, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, PERFORMANCE, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE. LICENSEE ACKNOWLEDGES AND AGREES THAT THE COMPANY MAKES NO DIRECT WARRANTY OF ANY KIND TO ANY USER UNDER THIS AGREEMENT.
c. WITHOUT LIMITING THE SCOPE OF SECTION 15.b ABOVE, COMPANY DOES NOT REPRESENT OR WARRANT THAT: (i) THE SOFTWARE OR SERVICES WILL MEET LICENSEE'S REQUIREMENTS; (ii) THE SOFTWARE OR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, FREE FROM VIRUSES, MALICIOUS CODE OR SECURITY EXPLOITS, OR THAT THE RESULTS OBTAINED FROM THEIR USE WILL BE ACCURATE OR RELIABLE; OR (iii) ALL DEFICIENCIES IN THE SOFTWARE OR SERVICES CAN BE FOUND OR CORRECTED. FURTHER, THE SERVICE MAY BE INTERRUPTED OR UNAVAILABLE FOR THE PURPOSES OF PERFORMING MAINTENANCE OR UPGRADES. COMPANY WILL NOT BE RESPONSIBLE FOR: (a) SERVICE IMPAIRMENTS OR SOFTWARE PROBLEMS CAUSED BY ACTS WITHIN THE CONTROL OF LICENSEE OR ANY USER; (b) INTEROPERABILITY OF SPECIFIC LICENSEE APPLICATIONS OR LICENSEE SYSTEMS WITH THE SOFTWARE OR SERVICES; (c) INABILITY OF LICENSEE OR ANY USER TO ACCESS OR INTERACT WITH ANY OTHER SERVICE PROVIDER THROUGH THE INTERNET, OTHER NETWORKS OR USERS THAT COMPRISE THE INTERNET OR THE INFORMATIONAL OR COMPUTING RESOURCES AVAILABLE THROUGH THE INTERNET; (d) SERVICE PROVIDED BY OTHER SERVICE PROVIDERS; OR (e) PERFORMANCE IMPAIRMENTS CAUSED ELSEWH...
Limited Warranty and Disclaimer. 8.1 Licensor represents that for a period of one (1) year from execution of this License by Licensee that the Licensed Materials will substantially conform to Licensor’s published specifications for the Licensed Materials. Licensor’s sole liability and Licensee’s exclusive remedy with respect to breach of the foregoing limited representation will be limited to error correction or replacement, or if neither is in Licensor’s opinion commercially feasible, termination of this License and refund of any license fee received by Licensor from Licensee for the Licensed Materials.
8.2 EXCEPT AS SPECIFICALLY STATED ABOVE, THE LICENSED MATERIALS LICENSED HEREUNDER ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Licensor does not warrant that the functions contained in any of the Licensed Materials will meet Licensee’s requirements, or that the operation of the Licensed Materials will be uninterrupted or error-free, or that defects in the Licensed Materials will be corrected. Furthermore, Licensor does not warrant or make any representations regarding use or the results of the use of the Licensed Materials in terms of correctness, accuracy, reliability or otherwise.
Limited Warranty and Disclaimer. 8.1. Seller warrants to Buyer that each Product will be free from defects in design, materials, or manufacture that cause the Product to not conform to its published technical specifications for the following periods:
(a) One year from the date of delivery to the Buyer for Product classified as Chips.
(b) Ninety (90) days from the date of delivery to the Buyer for Product classified as Die. All Products that are classified as Samples, Prototypes, Software and Board-level Products are sold “AS-IS” and Seller makes no warranties, whether express, implied or created by statute with respect to such Products. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF ALL SUCH PRODUCTS RESTS WITH THE BUYER.
8.2. If Xxxxx believes, after reasonable investigation, that a Product failure is covered by the warranty in Section 8.1, Buyer will promptly contact Seller and provide sufficient information to enable Seller support personnel to determine the cause of the failure. Seller may require Buyer to return the Product in accordance with Section 8.4 for further evaluation. pg. 4
8.3. If Seller support personnel determine in their reasonable discretion that Seller’s Product failure is covered by the warranty in Section 8.1, Seller will, at its option and in accordance with this Section 8.3, (a) repair the Product; (b) replace the Product; or (c) issue a credit for the amount paid by Buyer for the Product upon return of the Product.
8.4. If a Product is to be returned to Seller, Buyer will, at its expense, return the Product in accordance with Seller’s instructions, including first obtaining an RMA number in accordance with Section 3.3. RMA requested for a Product due to a defect claim shall be subject to warranty verification against lot numbers. If Seller reasonably determines that a returned Product conforms to the warranty in Section 8.1, Seller will invoice Buyer for, and Buyer will pay for, Seller’s costs to return the Product to Buyer. If Seller reasonably confirms that a returned Product does not conform to the warranty in Section 8.1, then Seller will, at its option, at no additional cost to Buyer, (i) deliver a repaired or replacement Product to Buyer within a reasonable period or issue a credit for the amount paid by Buyer for the Product; or (ii) issue a credit for Buyer’s reasonable out-of-pocket expenses actually incurred to return the Product to Seller. No return is eligible for credit unless specifically stated on the RMA documentation.
8.5. All Products repa...
Limited Warranty and Disclaimer. 9.1 Electric warrants that the Electric Platform shall perform in substantial accordance with any and all official specifications and similar documentation provided to Customer by Electric. In the event the Electric Platform does not substantially conform to such specifications or documentation, Customer shall provide written notice of non-conformance to Electric and Electric shall, at its option and as its sole obligation and as Electric’s sole liability and Customer’s exclusive remedy, repair the affected portion of the Electric Platform at no additional charge, or, if it determines that the foregoing option is not commercially practical, terminate this Agreement with respect to the Electric Platform and issue a refund for any prepaid amounts for unused portions of the term. To the extent it is permitted to do so, Electric will pass through to Customer any third-party warranties in respect of the Hardware and/or Purchased Third Party Software as applicable.
9.2 ELECTRIC DOES NOT WARRANT THAT THE ELECTRIC PLATFORM, SUPPORT SERVICES, HARDWARE, OR PURCHASED THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. OTHER THAN THE EXPRESS WARRANTY SET FORTH IN SECTION 9.1, THE SERVICES ARE PROVIDED “AS IS” AND ELECTRIC DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
