Limited Warranty and Disclaimer of Warranties. Esri warrants for a period of ninety (90) days: (i) from the date of performance of Services; and (ii) from the date of acceptance of a Deliverable, that Services and/or a Deliverable will substantially conform to the professional and technical standards of the software industry and to the applicable written specifications referenced in the Scope of Work. If Services and/or Deliverables do not substantially conform to these standards, Customer may require Esri to reperform Services and/or Deliverables at no additional cost to Customer. Services Output is provided as is without warranty of any kind.
Limited Warranty and Disclaimer of Warranties. HUCKINS warrants to OWNER that its services will be performed in a competent manner and will be free from defects in workmanship and materials for a period of sixty (60) days after completion of the services. If any defects in workmanship and materials are discovered, OWNER shall promptly notify HUCKINS in writing thereof. Upon the return of the defective work to the HIUCKINS facility in Jacksonville, Florida, HUCKINS shall re-perform the defective portion of the service and will correct any damage to the vessel and/or equipment upon which this service was performed at the option of HUCKINS by either repairing or replacing any damaged part resulting from faulty service. The preceding paragraph sets forth the exclusive remedy for claims based on failure of or defective services, whether claim is based on contract, warranty, tort (including negligence), or any other cause of action, and however instituted, and upon expiration of the warranty period all such liability shall terminate. The foregoing warranty is exclusive and in lieu of all other warranties in respect of services performed by HUCKINS, whether written, oral, implied or statutory. IT IS SPECIFICALLY UNDERSTOOD AND AGREED TO BY OWNER THAT NO OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE OR WILL BE DEEMED TO HAVE BEEN MADE BY HUCKINS IN RESPECT OF SERVICES PERFORMED BY HUCKINS. THE IMPLIED WARRANTIES OF MERCHANTABILITY, WORKMANSHIP AND FITNESS ARE SPECIFICALLY EXCLUDED. HUCKINS DOES NOT WARRANT ANY PRODUCT OR SERVICES OF OTHERS WHICH OWNER HAS DESIGNATED. Unless expressly stated in the description of the service, HUCKINS does not warrant the fitness, suitability or seaworthiness of the vessel and/or equipment on which the services are performed or any modification thereof, for any specific application, performance, result or use. HUCKINS SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF USE, LOSS OF TIME OR DELAYS CAUSED BY DEFECTIVE WORKMANSHIP OR DEFECTIVE MATERIALS. In this connection, it is specifically agreed by the parties hereto that the liability of HUCKINS under this warranty is specifically limited to the replacement or repair of such defective workmanship or defective materials at the HUCKINS facility in Jacksonville, Florida. Further, it is specifically agreed between the parties that this warranty shall only be effective and applied to OWNER and no one else. HUCKINS shall not be liable for any defec...
Limited Warranty and Disclaimer of Warranties. (a. iconectiv warrants that the media furnished here-under shall be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of delivery. Licensee’s sole and exclusive remedy shall be the replacement of such defective media by iconectiv.
Limited Warranty and Disclaimer of Warranties. A. For Time and Materials Task Orders
Limited Warranty and Disclaimer of Warranties a. At Closing, Buyer will receive the then-current A5 Limited Warranty provided by ICON (the “A5 Limited Warranty”). Buyer acknowledges that concurrent with this Purchase Agreement Buyer received a copy of the A5 Limited Warranty in its current form. Updated versions of the A5 Limited Warranty prior to Closing will be posted to the ICON Owners Center. The then-current A5 Limited Warranty provided to Buyer at the time of Closing will apply to the Aircraft.
b. Buyer agrees that, the warranty obligations and liabilities of ICON and the rights and remedies of Buyer set forth in the A5 Limited Warranty are exclusive and are in lieu of, and Buyer hereby waives and releases, all other warranties, obligations, representations or liabilities, express or implied, and ICON makes no other warranties, express or implied, and specifically excludes and disclaims the implied warranties of merchantability and fitness for a particular purpose or use. All other obligations or liabilities of ICON to anyone of any nature whatsoever, whether under a theory of negligence or strict liability, contract, tort or otherwise, arising out of or relating to the design, manufacture, sale, repair, lease or use or operation of the Aircraft or Options, or otherwise, are excluded by ICON and hereby expressly waived by Buyer. Except as expressly set forth in the A5 Limited Warranty, the Aircraft and Options are being sold “as is.”
Limited Warranty and Disclaimer of Warranties. RTL warrants that, for a period of thirty (30) days from the date of delivery ("Warranty Period") and throughout the maintenance term the Licensed Software will substantially conform to and perform substantially in accordance with RTL's published user documentation, but only if: (a) Client gives RTL written notice of any such claimed failure to so conform or perform while this warranty is in effect; and (b) such failure to so conform or perform is not, in RTL's reasonable opinion, a result of any modification of or damage to the Licensed Software or its operating environment or of Client's failure to operate the Licensed Software in the proper hardware and software environment. WITHOUT LIMITING THE GENERALITY OF SECTION 25, RTL DOES NOT WARRANT THAT THE LICENSED SOFTWARE WILL MEET CLIENT'S REQUIREMENTS, THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL FAILURES OF THE LICENSED SOFTWARE TO SUBSTANTIALLY CONFORM TO OR PERFORM SUBSTANTIALLY IN ACCORDANCE WITH RTL'S PUBLISHED USER DOCUMENTATION WILL BE CORRECTED.
Limited Warranty and Disclaimer of Warranties. 10.1. The Rightholder guarantees the operation of the software in accordance with the description set forth in the User's Manual, as well as provided that the supported versions of the software are used, that the User has installed all the latest software updates, unless otherwise provided by the license agreement.
10.2. You agree that the Software is provided with an automatic update option enabled, which automatically downloads and installs improvements, patches, and / or modifications to the software and software components, as well as new versions of the software.
10.3. You agree that no software is free from errors and you are encouraged to regularly back up your files.
10.4. The copyright holder does not guarantee the operability of the software in case of violation of the terms of use, as well as in case of violation by the User of the terms of this License Agreement.
10.5. The Rightholder does not guarantee to the User the operability of the software if the User does not update the software specified in clause 2.6 of this License Agreement.
10.6. The Rightholder does not guarantee the User the availability of functionality if there is no Internet connection.
10.7. You agree that the software is provided with standard default settings, and you are responsible for any changes you make to the software settings.
10.8. You agree that the Software will perform the actions necessary for the software to function.
Limited Warranty and Disclaimer of Warranties. 8.1. The Copyright Holder guarantees that the Software will operate in accordance with the features described on the official website page, available at xxxx.xxxxxx.xxx/xxxxxxxxxxxxx, provided that the latest releases of the supported versions are used, unless otherwise stipulated by the License Agreement. A list of supported versions is available on the official website page, available at xxxx.xxxxxx.xxx/xxxxxxxx.
8.2. The Licensor will not provide you with any individual or specialized support services under this agreement.
8.3. An Extended Support Agreement may be purchased separately from the Licensor for individual or specialized support services, offering higher service levels than those provided herein.
8.4. You agree that no software is error-free.
8.5. The Copyright Holder does not guarantee the functionality of the Software in the event that the User violates the terms of this License Agreement.
8.6. The Copyright Holder does not guarantee the functionality of the Software if the User has not properly installed it.
8.7. The Copyright Holder does not guarantee the availability of the functionality described on the official website page, available at xxxx.xxxxxx.xxx/xxxxxxxxxxxxx, after the expiration of the period of use as described in subsection 3 of this License Agreement.
8.8. Except for the limited warranty set forth in this paragraph, the software is provided "as is". The Copyright Holder and its partners do not provide any guarantees for its use or performance. Except for warranties, conditions, representations, or provisions that cannot be excluded or limited under applicable law, the Copyright Holder and its partners make no warranties, conditions, representations, or provisions (whether express or implied) for anything, including, without limitation, non-infringement of third-party rights, merchantability, integration, or fitness for a particular purpose. You agree that you are responsible for selecting the software to achieve the desired results, for installing and using the software, and for the results obtained with it.
Limited Warranty and Disclaimer of Warranties. Apache warrants that the goods purchased under this order are free from manufacturing defects and the quantity and type of goods delivered will conform to the quantity or type of goods described on your PO. APACHE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION ANY IMPLIED WARRANTIES FOR MERCHANTABILITY OR FITNESS FOR A
Limited Warranty and Disclaimer of Warranties. GHTI Canada represents and warrants that in respect of the Sublicense, GHTI Canada has granted HPI all the necessary rights. HPI acknowledges that except as expressly provided in this Section, GHTI Canada disclaims all warranties, representations and conditions of any nature regarding the Technology and the Marks, including any express or implied warranty that the Technology or the Marks may be used in the Territory or that the Technology or the Marks do not infringe the rights of any third party in the Territory.
