Limited Warranty and Disclaimer of Warranty. ProQuest warrants that it has all rights necessary to enter into this Agreement and to provide the Products to you. EXCEPT AS PROVIDED IN THE PRECEDING SENTENCE, THE PRODUCTS AND ALL EQUIPMENT AND SOFTWARE PROVIDED BY PROQUEST TO YOU ARE PROVIDED "AS IS" AND "AS AVAILABLE." THE WARRANTIES IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER PROQUEST NOR ANY PROVIDER OF INFORMATION OR SOFTWARE IN THE PRODUCTS WARRANTS THE USE OF THE PRODUCTS OR THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR MAKES ANY WARRANTY AS TO THE AVAILABILITY OF THE PRODUCTS, THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE INFORMATION OR THE RESULTS OF LICENSEE'S USE OF THE PRODUCTS, THE SOFTWARE OR THE INFORMATION, EVEN IF ASSISTED BY PROQUEST.
Limited Warranty and Disclaimer of Warranty a. Certain end users may have unique needs which are not accommodated by WDD software, and therefore WhoopDeDupe cannot guarantee that WDD software will adequately satisfy all requirements of all users.
b. WhoopDeDupe makes no representation or warranty that the WDD software or any associated documentation are "error-free", or meet any user's particular standards, requirements, or needs. Should the software prove defective, WhoopDeDupe will address the proven defect in an appropriate manner so as to eliminate the defect.
c. This warranty is a limited warranty and it is the only warranty made by WhoopDeDupe. To the maximum extent permitted by applicable law, WhoopDeDupe disclaims all other warranties and conditions, either expressed or implied, including but not limited to, implied warranties of fitness for a particular purpose, title, and non-infringement, with regard to the software, and the provision of or failure to provide support services. Some states/jurisdictions do not allow exclusions of an implied warranty, so the disclaimer may not apply to Licensee and Licensee may have other legal rights.
d. No WhoopDeDupe agent or representative is authorized to make any modifications or additions to this limited warranty. If Licensee makes any modifications to the software; if the software is subjected to accident, abuse, or improper use; or if Licensee violates the terms of this Agreement, then this warranty shall immediately be terminated. This limited warranty shall not apply if the software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the software is intended to operate or interface with.
Limited Warranty and Disclaimer of Warranty. ProQuest warrants that the Service will perform substantially as documented on ProQuest’s public websites (the “ProQuest Websites”). EXCEPT AS EXPRESSLY WARRANTED HEREIN, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” PROQUEST AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE PERTAINING TO: MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, TIMELINESS, CORRECTNESS, RELIABILITY, CURRENCY, OR COMPLETENESS OF THE SERVICE OR ANY INFORMATION OR RESULTS OBTAINED THROUGH THE SERVICE, EVEN IF ASSISTED BY PROQUEST. PROQUEST SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR DETERMINING THE COMPATIBILITY OF ANY HARDWARE OR SOFTWARE NOT SUPPLIED BY PROQUEST WITH THE SERVICE AND PROVIDES NO WARRANTY WITH RESPECT TO THE OPERATION OF SUCH HARDWARE OR SOFTWARE WITH THE SERVICE.
Limited Warranty and Disclaimer of Warranty. CUSTOMER AGREES THAT FOURTEC PROVIDES THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIAL ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND. FOURTEC DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO THE USE OR THE PERFORMANCE OF THE SOFTWARE, AND/OR ANY SERVICES PROVIDED IN CONNECTION WITH THIS AGREEMENT, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND FOURTEC EXPRESSLY DISCLAIMS ALL WARRANTIES. FOURTEC DOES NOT WARRANT THAT ITS SOFTWARE WILL MEET YOUR REQUIRMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY THE CUSTOMER. SHOULD THE SOFTWARE BE DEFECTIVE, THE CUSTOMER AND NOT FOURTEC, ASSUMES THE ENTIRE COST OF ALL NECESSARY REPAIR, SERVICING AND CORRECTION. TO THE EXTENT ALLOWED BY LAW, FOURTEC EXPRESSLY DISCLAIMS ALL EXPRESS WARRANTIES NOT STATED HEREIN AND ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FOURTEC OR ITS DEALERS, AGENTS, DISTRIBUTORS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. NEITHER FOURTEC NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION OR PRODUCTION OF THIS SOFTWARE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE EVEN IF FOURTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limited Warranty and Disclaimer of Warranty. Licensor warrants that the Software, as provided, will substantially perform the functions described in the documentation when operated in the intended environment for a period of ninety (90) days from the date of delivery (the “Warranty Period”).
Limited Warranty and Disclaimer of Warranty. The SOFTWARE and accompanying written materials (including instructions for use) are provided "as is" without warranty of any kind. Further, SCAPOS does not warrant, guarantee or make any representations regarding the use, or the results of use, of the SOFTWARE or written materials in terms of correctness, accuracy, reliability, or otherwise. The entire risk as to the results and performance of the SOFTWARE is assumed by LICENSEE. SCAPOS warrants that the SOFTWARE, when properly installed on the target computer system which meets the SOFTWARE’s system requirements, will not fail to execute their programming instructions due to defects in materials and workmanship. If SCAPOS receives notice of such defects within ninety days from the date of purchase, SCAPOS will replace the SOFTWARE. The above is the only warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, that is made by SCAPOS on this SOFTWARE. No oral or written information or advice given by SCAPOS, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and you may not rely on any such information or advice. This warranty shall only be effective if the license form is signed by the LICENSEE and returned to SCAPOS. Neither SCAPOS nor Fraunhofer SCAI nor anyone else who has been involved in the creation, production or delivery of the SOFTWARE shall be liable for any direct, indirect, consequential or incidental damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use or inability to use such SOFTWARE even if SCAPOS has been advised of the possibility of such damages.
Limited Warranty and Disclaimer of Warranty. 10.1. Xxxxxx Consulting hereby represents and warrants that it and its subcontractors will exercise the highest level of care and skill of a competent provider of consulting, operations management, analytics and professional services in accordance with best practice of Xxxxxx Consulting’s industry, profession and trade in performing its obligations under this Agreement.
10.2. In addition, Xxxxxx Consulting undertakes that the Services will be performed in accordance with the Statement of Work and with reasonable skill and care.
Limited Warranty and Disclaimer of Warranty. Licensor warrants that:
a. it has the right and authority to grant the rights described in this Agreement, and;
b. the Software, as provided, will substantially perform the functions described in the documentation when operated in the intended environment for a period of ninety (90) days from the date of delivery (the “Warranty Period”). THE WARRANTIES ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. LICENSOR EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Licensor does not warrant that the Software will (a) achieve specific results, (b) operate without interruption, or (c) be error free.
Limited Warranty and Disclaimer of Warranty. Licensor warrants that:
a. it has the right and authority to grant the rights described in this Agreement, and;
b. the Software, as provided, will substantially perform the functions described in the documentation when operated in the intended environment for a period of ninety (90) days from the date of delivery (the “Warranty Period”). THE WARRANTIES ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REPRESENTATIONS OR CONDITIONS EXPRESS OR IMPLIED. LICENSOR EXPRESSLY DISCLAIMS ANY WARRANTIES AND/OR CONDITIONS OF NON- INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. Licensor does not warrant that the Software will (a) achieve specific results, (b) operate without interruption, or (c) be error free.
