Common use of Limited Warranty and Disclaimer Clause in Contracts

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.

Appears in 4 contracts

Samples: End User License Agreement, End User License Agreement, End User License Agreement

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Limited Warranty and Disclaimer. a. (a) Except with respect to an evaluation version the Trial Version and Not For Resale Version of the ProductSoftware, EaseFilter BQE 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 Software will perform in substantial conformance with the documentation supplied with the ProductSoftware; and (ii) the physical media on which the Product Software is furnished, if any, furnished will be free from defects in materials and workmanship under normal use. b. EASEFILTER (b) BQE PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR EVALUATION VERSIONS OF THE PRODUCT. TRIAL VERSION AND THE EVALUATION NOT FOR RESALE VERSION OF THE PRODUCT IS SOFTWARE. THE TRIAL VERSION AND THE NOT FOR RESALE VERSION OF THE SOFTWARE ARE PROVIDED "AS IS". c. EASEFILTER (c) EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY WITH RESPECT TO SOFTWARE OTHER THAN THE TRIAL VERSION AND NOT FOR RESALE VERSION, BQE 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 ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. BQE DOES NOT WARRANT THAT THE PRODUCT SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE PRODUCT UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. 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. EASEFILTER BQE SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES. e. (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 EASEFILTERBQE, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. (f) (USA ONLY) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

Appears in 3 contracts

Samples: End User License Agreement, End User License Agreement, End User License Agreement

Limited Warranty and Disclaimer. a. Except with respect ID Agent warrants to an evaluation version of the Product, EaseFilter warrants that, Licensee for a period of thirty (30) days from Licensee’s first use of the date Software (the “Warranty Period”) that the Software will operate substantially pursuant to the Documentation for the Software. This warranty covers only problems reported to ID Agent in writing during the Warranty Period, and which are capable of delivery (as evidenced being observed or reproduced by a copy of your receipt): (i) when used with a recommended hardware configurationID Agent. SOFTWARE OR ANY PART THEREOF WHICH HAS BEEN SUBJECT TO ABUSE, the Product will perform in substantial conformance with the documentation supplied with the Product; and (ii) the physical media on which the Product is furnishedMISUSE, if anyACCIDENT, will be free from defects in materials and workmanship under normal use. b. EASEFILTER PROVIDES NO REMEDIES ALTERATION, MODIFICATION, NEGLECT, OR WARRANTIES, WHETHER EXPRESS UNAUTHORIZED REPAIR OR IMPLIED, FOR EVALUATION VERSIONS INSTALLATION IS NOT COVERED BY THIS WARRANTY. ANY LIABILITY OF ID AGENT UNDER THIS WARRANTY WILL BE LIMITED EXCLUSIVELY TO REPAIR OR REPLACEMENT OF THE PRODUCT. THE EVALUATION VERSION SOFTWARE OR, IF REPAIR OR REPLACEMENT IS INADEQUATE AS A REMEDY OR, AT ID AGENT’S DETERMINATION, IMPRACTICAL, TO REFUND OF THE PRODUCT LICENSE FEE PAID FOR SUCH SOFTWARE. EXCEPT FOR THE FOREGOING, ALL SOFTWARE IS PROVIDED "AS IS". c. EASEFILTER AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS” WITHOUT WARRANTY OF ANY KIND INCLUDING WITHOUT LIMITATION, WHETHER EXPRESSANY IMPLIED WARRANTY OF MERCHANTABILITY, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. EASEFILTER FURTHER, ID AGENT DOES NOT WARRANT RESULTS OF USE, THAT THE PRODUCT SOFTWARE IS ERROR-BUG FREE OR THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTIONPROVIDE ANY PROTECTION AGAINST VIRUSES OR ANY NETWORK INTRUSION OR SECURITY BREACH, OR THAT THE USE OF SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. THE PRODUCT IS SOFTWARE AND/OR SERVICE ARE NOT FAULT TOLERANT AND ARE NOT DESIGNED, MANUFACTURED, OR INTENDED OR LICENSED FOR USE IN LIFE-DEPENDENT OR HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLSPERFORMANCE, INCLUDING WITHOUT LIMITATION, SUCH AS IN THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION COMMUNICATIONS SYSTEMS, AIR TRAFFIC CONTROL, AND DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE SOFTWARE OR SERVICE COULD LEAD TO DEATH, PERSONAL INJURY OR PHYSICAL OR ENVIRONMENTAL DAMAGE. EASEFILTER SPECIFICALLY DISCLAIMS ANY EXPRESS TO THE EXTENT LICENSEE USES THE SOFTWARE OR IMPLIED WARRANTY OF FITNESS FOR SERVICE IN SUCH PURPOSESENVIRONMENT, IT EXPRESSLY ASSUMES ALL RISK THEREFOR. 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.

Appears in 2 contracts

Samples: End User Software License Agreement, End User License Agreement

Limited Warranty and Disclaimer. a. Except with respect The entire risk as to an evaluation version of the Product, EaseFilter warrants that, for a period of thirty (30) days performance and results obtained from the date of delivery Software and accompanying manual are assumed by you. You are advised to test the Software thoroughly before relying upon it. However, to the original purchaser only, CTI warrants the (as evidenced by a copy of your receipt): (ia) when used with a recommended hardware configuration, written documentation and the Product will perform in substantial conformance with the documentation supplied with the Product; and (ii) the physical media on which the Product Software is furnished, if any, shipped will be free from defects in materials material and workmanship workmanship, under normal use. b. EASEFILTER PROVIDES NO REMEDIES OR , for a period of 90 days after the original purchase date and (b) the downloadable installation of the Software will install as described in the installation instructions. If during this warranty period a defect occurs, CTI will replace the defective item free of charge. Your sole and exclusive remedy in the event of a defect, and CTI’s sole obligation, is expressly limited to replacement of the downloaded Software and/or manual as provided above. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, THE SOFTWARE AND ACCOMPANYING MANUAL ARE PROVIDED “AS-IS” AND CTI DISCLAIMS ALL OTHER 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 BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EASEFILTER CTI DOES NOT WARRANT THAT USE OF THE PRODUCT IS SOFTWARE WILL BE WITHOUT INTERRUPTION OR WILL BE ERROR-FREE FREE. SOME STATES AND COUNTRIES MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR WILL OPERATE WITHOUT INTERRUPTIONCOUNTRY TO COUNTRY. THE PRODUCT IS NOT DESIGNEDLIMITED WARRANTY DISCLAIMER SET FORTH ABOVE ARE EXCLUSIVE AND REPLACE ALL OTHERS, 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 WRITTEN, EXPRESSED OR ADVICE GIVEN BY EASEFILTERIMPLIED. NO RESELLER, ITS DEALERSDISTRIBUTOR, DISTRIBUTORSAGENT, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY EMPLOYEE OF CTI IS AUTHORIZED TO MAKE ANY MODIFICATION OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREINEXTENSION.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

Limited Warranty and Disclaimer. a. Except End User may have specific rights with respect to an evaluation version the laws of its state, country or other jurisdiction. End User may also have rights with respect to the ProductReseller from which End User purchased XXXX- Software. This XXXX does not change those rights if the laws of such state, EaseFilter warrants that, for a period of thirty (30) days from country or other jurisdiction do not permit the date of delivery (as evidenced by a copy of your receipt): (i) when used with a recommended hardware configurationXXXX to do so. Notwithstanding the foregoing, 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 parties agree as follows: XXXX-SOFTWARE IS PROVIDED "LICENSED “AS IS". c. EASEFILTER ” AND “WITH ALL FAULTS”, AND XXXX AND ITS SUPPLIERS DISCLAIM ALL OTHER LICENSORS (IF ANY) MAKE NO WARRANTIES AND REPRESENTATIONSOR CONDITIONS OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIEDIMPLIED OR STATUTORY, OR OTHERWISEINCLUDING, INCLUDING THE BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OPERABILITY, CONDITION, TITLE, NON-INFRINGEMENT, NON- INTERFERENCE, VALUE, ACCURACY OR QUALITY OF DATA, AS WELL AS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. EASEFILTER XXXX CANNOT GUARANTEE AND DOES NOT WARRANT THAT THE PRODUCT IS OPERATION OF THE XXXX-SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE FREE, OR WILL OPERATE WITHOUT INTERRUPTIONTHAT ALL ERRORS CAN BE CORRECTED. THE PRODUCT XXXX-SOFTWARE IS NOT DESIGNED, MANUFACTURED, OR INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAILOR DISTRIBUTION WITH ANY EQUIPMENT THE FAILURE OF WHICH COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. XXXX-SAFE CONTROLSSoftware will perform substantially in accordance with the Documentation. However XXXX gives neither any contractual guarantee and warranty nor conditions in relation to XXXX-Software. XXXX’x entire liability and End User’s exclusive remedy will be, INCLUDING WITHOUT LIMITATIONat the sole option of XXXX and subject to applicable law, THE DESIGNto repair or replace the XXXX-Software or to refund the license fees paid and terminate this XXXX. This limited warranty will not apply unless: (i) XXXX-Software has been properly installed and used at all times in accordance with the Documentation, (ii) no modification, CONSTRUCTIONdeletion or addition has been made other than by XXXX, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIESand (iii) XXXX receives written notice of the non-conformity within the warranty period. Any third party software products that are provided by XXXX are provided pursuant to the terms of the applicable third party end user license agreement, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMSand End User’s use of any such third party product constitutes End User’s agreement to comply with the terms of the applicable third party end user license agreement. XXXX assumes no responsibility for, AIR TRAFFIC CONTROLand specifically disclaims any liability or obligation with respect to, AND LIFE SUPPORT OR WEAPONS SYSTEMSany third party software products. EASEFILTER SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSESAll such third party software products are provided with the third party’s warranty and without any additional warranty of any kind, whether express or implied. 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.

Appears in 2 contracts

Samples: End User License Agreement (Eula), End User License Agreement (Eula)

Limited Warranty and Disclaimer. a. Except with respect to an evaluation version of the Product, EaseFilter warrants that, for a period of thirty JNBRIDGE WARRANTS THAT THE SOFTWARE WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION FOR A PERIOD OF NINETY (3090) 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 DAYS FROM THE DATE OF DOWNLOAD FROM THE JNBRIDGE WEB SITE. UNDER NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR EVALUATION VERSIONS CIRCUMSTANCES WILL THE FOREGOING LIMITED WARRANTY APPLY AS TO ANY FAILURES OF THE PRODUCTSOFTWARE DISCOVERED AFTER THE NINETY (90) DAY PERIOD. LICENSEE MAY, HOWEVER, ENTER INTO A SEPARATE MAINTENANCE AND SUPPORT ARRANGEMENT WITH JNBRIDGE. THIS LIMITED WARRANTY SHALL NOT APPLY TO THE EVALUATION VERSION EXTENT THAT ANY FAILURE OF THE PRODUCT SOFTWARE RESULTS FROM ACCIDENT, ABUSE, MISAPPLICATION, MISUSE, ABNORMAL USE OR VIRUS. SOME STATES/JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE. EXCEPT FOR THE LIMITED WARRANTY CONTAINED IN THIS SECTION 7, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "TO LICENSEE “AS IS". c. EASEFILTER ” AND JNBRIDGE AND ITS SUPPLIERS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONSCONDITIONS, WHETHER EXPRESS, IMPLIED, IMPLIED OR OTHERWISESTATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR MERCHANTABILITY, TITLE AND NON-INFRINGEMENT, AND 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 EASEFILTERJNBRIDGE, ITS DEALERSEMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. LICENSEE’S SOLE REMEDY, AND JNBRIDGE'S AND ITS LICENSORS’ ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY PROVIDED HEREIN.CONTAINED IN THIS SECTION 7 SHALL BE THAT JNBRIDGE SHALL, AT ITS SOLE OPTION, (A) RETURN THE AMOUNT RECEIVED BY JNBRIDGE (IF ANY) FOR THE SOFTWARE UNDER THIS AGREEMENT, OR

Appears in 2 contracts

Samples: Adapter Software License Agreement, Software License Agreement

Limited Warranty and Disclaimer. a. Except with respect Aruba warrants to an evaluation version of the Product, EaseFilter warrants that, for a period of thirty you (30and only you) 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 that any media on which the Product is furnished, if any, Programs are recorded will be free from defects in materials and workmanship under normal use. b. EASEFILTER PROVIDES NO REMEDIES use for a period of ninety (90) days from the date the Programs are delivered to you. If a defect in any such media should occur during this 90-day period, the media may be returned to Aruba (or if you received such Programs from a reseller, to such reseller) and Aruba or the reseller, as applicable, will replace the media without charge to you. Aruba shall have no responsibility to replace media if the failure of media results from accident, abuse or misuse of the media. ALL THIRD PARTY PROGRAMS ARE PROVIDED AS-IS AND ARUBA EXPLICITLY DISCLAIMS ANY RESPONSIBILITY WHATSOEVER FOR THE PERFORMANCE OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR EVALUATION VERSIONS NON-PERFORMANCE OF THE PRODUCTSUCH THIRD PARTY PROGRAMS. THE EVALUATION VERSION OF THE PRODUCT IS PROVIDED "AS IS". c. EASEFILTER ARUBA 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 DO NOT WARRANT THAT THE PRODUCT IS FUNCTIONS CONTAINED IN THE PROGRAMS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE FREE. EXCEPT FOR THE EXPRESS WARRANTY ABOVE, THE PROGRAMS ARE PROVIDED TO YOU WITH NO WARRANTY OF ANY KIND, EXPRESS OR WILL OPERATE WITHOUT INTERRUPTION. THE PRODUCT IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLSIMPLIED, INCLUDING WITHOUT LIMITATION, THE DESIGNANY IMPLIED WARRANTIES OF MERCHANTABILITY, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROLFITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND LIFE SUPPORT OR WEAPONS SYSTEMS. EASEFILTER SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSESYOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. 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.

Appears in 2 contracts

Samples: End User Software License Agreement, End User Software License Agreement

Limited Warranty and Disclaimer. a. Except with respect to an evaluation version of the Product, EaseFilter 6.1 IATA warrants that, for a period of thirty ninety (3090) days from the date of delivery (as evidenced by a copy of your receipt): (i) when used with a recommended hardware configuration, the Product Software will perform in substantial conformance with the documentation supplied with the ProductSoftware; and (ii) the physical media on which the Product Software is furnished, if any, furnished will be free from defects in materials and workmanship under normal use. b. EASEFILTER PROVIDES 6.2 WHILE IATA WILL USE ALL REASONABLE SKILL AND CARE IN THE CREATION AND SUPPLY OF THE SOFTWARE, IATA MAKES NO REMEDIES OR WARRANTIESWARRANTY, WHETHER EXPRESS OR IMPLIED, FOR EVALUATION VERSIONS OF CONCERNING THE PRODUCT. THE EVALUATION VERSION OF THE PRODUCT IS PROVIDED "AS IS". c. EASEFILTER SOFTWARE AND ITS SUPPLIERS DISCLAIM CONTENTS AND DISCLAIMS ALL OTHER WARRANTIES AND REPRESENTATIONSWARRANTIES, WHETHER EXPRESSINCLUDING, IMPLIEDBUT NOT LIMITED TO, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, CONDITION, QUALITY AND PERFORMANCE, WARRANTY AGAINST INFRINGEMENT AND WARRANTIES OF MERCHANTABILITY. EASEFILTER ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. FOR GREATER CERTAINTY, THIS LICENSE IS GRANTED ON AN “AS IS” BASIS AND AS SUCH, IATA DOES NOT WARRANT GUARANTEE THAT THE PRODUCT SOFTWARE IS CORRECT, COMPLETE OR 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. 6.3 if applicable law requires any warranties with respect to the software, all such warranties are limited in duration to ninety (90) days from the date of delivery. all warranties, conditions or other terms implied by LAW, statute, common law or otherwise are excluded to the fullest extent permitted by law. no other rights or remedies will be conferred on you unless expressly granted herein. 6.4 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EASEFILTERIATA, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. 6.5 (USA ONLY) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

Limited Warranty and Disclaimer. a. Except with respect 17.1 Supplier hereby represents and warrants that the Product(s) will conform 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 specification and documentation during the periods set forth in substantial conformance with Exhibit B under the documentation supplied with the Product; and (ii) the physical media on which the Product is furnishedheading “Super Micro Limited Warranty.” 17.2 EXCEPT FOR THE WARRANTIES SET FORTH IN THIS AGREEMENT, if anyTHE FOREGOING STATES THE SOLE WARRANTY AND EXCEPT AS SET FORTH IN WRITING IN THIS AGREEMENT, will be free from defects in materials and workmanship under normal use. b. EASEFILTER PROVIDES SUPPLIER MAKES NO REMEDIES OR PERFORMANCE REPRESENTATIONS, WARRANTIES, WHETHER OR GUARANTEES, EITHER EXPRESS OR IMPLIED, FOR EVALUATION VERSIONS OF ORAL OR WRITTEN, WITH RESPECT TO THE PRODUCT. THE EVALUATION VERSION OF THE PRODUCT IS PROVIDED "AS IS". c. EASEFILTER PRODUCTS AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, ANY SERVICES COVERED BY OR OTHERWISEFURNISHED PURSUANT TO THIS AGREEMENT, INCLUDING THE WARRANTIES WITHOUT LIMITATION ANY IMPLIED WARRANTY (A) OF MERCHANTABILITY OR MERCHANTABILITY, (B) OF FITNESS FOR A PARTICULAR PURPOSE, OR (C) ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. EASEFILTER DOES NOT WARRANT THAT THE PROVISIONS OF THE FOREGOING LIMITED WARRANTY AND WARRANTY DISCLAIMER ARE REFLECTED IN THE PRODUCT PRICES. 17.3 Stored Data. OEM will be responsible for saving or backing up data contained in any Product returned to Supplier for in-warranty or out-of-warranty repairs or service. SUPPLIER WILL HAVE NO RESPONSIBILITY FOR SUCH DATA AND WILL HAVE NO LIABILITY ARISING OUT OF ANY DAMAGE TO OR LOSS OF SUCH DATA WHILE THE PRODUCT IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTIONIN SUPPLIER’S POSSESSION. 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 18. LIMITATION 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.LIABILITY [***]

Appears in 2 contracts

Samples: Oem Purchase Agreement (Nutanix, Inc.), Oem Purchase Agreement (Nutanix, Inc.)

Limited Warranty and Disclaimer. a. Except with respect to an evaluation version of the Product, EaseFilter Pwnie Express warrants that, for a period during the term of thirty (30) days from the date of delivery (as evidenced by a copy of your receipt): (i) when used with a recommended hardware configurationthis Agreement, the Product will perform Software and Sensors shall substantially conform to the applicable Pwnie Express documentation. In the event of a breach of the foregoing limited warranty, Pwnie Express, at its sole option and expense, shall repair, replace and/or modify any defective Software or defective Sensors as Licensee’s sole remedy. Pwnie Express shall have no warranty obligations if the Software or Sensors have been modified by Licensee or a third-party without the written consent of Pwnie Express or have not been used in substantial conformance accordance with the documentation supplied with Pwnie Express documentation. Further if the Product; and (ii) the physical media on which the Product Sensor Hardware is furnishedlost, if anystolen, damaged or altered, as described above, or is altered or damaged as a result of user error or negligence as determined by Pwnie Express, Licensee will be free from defects in materials and workmanship under normal use. b. EASEFILTER PROVIDES NO REMEDIES OR WARRANTIESresponsible for the cost of repair or replacement as determined by Pwnie Express. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED, FOR EVALUATION VERSIONS OF THE PRODUCT. THE EVALUATION VERSION OF THE PRODUCT IS SOFTWARE AND SENSORS ARE PROVIDED "AS IS". c. EASEFILTER ”. LICENSEE ACKNOWLEDGES THAT NO REFUNDS SHALL BE DUE OR OWED LICENSEE WITH RESPECT TO ANY SOFTWARE OR SENSORS CONTEMPLATED BY THIS LIMITED WARRANTY SECTION. PWNIE EXPRESS DISCLAIMS ANY AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONSWARRANTIES, WHETHER EXPRESS, IMPLIEDIMPLIED OR STATUTORY, WITH RESPECT TO THE SOFTWARE OR OTHERWISESENSORS, INCLUDING ANY THIRD-PARTY SOFTWARE OR ANY OPEN SOURCE SOFTWARE, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER WARRANTIES WHATSOEVER, INCLUDING THOSE ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. EASEFILTER IN NO EVENT DOES NOT PWNIE EXPRESS 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 ANY SOFTWARE OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT SENSORS 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 PROVISION OF ANY WARRANTY PROVIDED HEREINSOFTWARE OR SENSORS SHALL BE UNINTERRUPTED OR ERROR FREE.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty and Disclaimer. a. Except with respect Layered IT warrants to an evaluation version of the Product, EaseFilter warrants that, Licensee for a period of thirty (30) days from Licensee’s first use of the date Software or Hardware (the “Warranty Period”) that the Software and/or Hardware will operate substantially pursuant to the Documentation for the Software and/or Hardware. This warranty covers only problems reported to Layered IT in writing during the Warranty Period, and which are capable of delivery (as evidenced being observed or reproduced by a copy of your receipt): (i) when used with a recommended hardware configurationLayered IT. SOFTWARE, the Product will perform in substantial conformance with the documentation supplied with the Product; and (ii) the physical media on which the Product is furnishedHARDWARE OR ANY PART THEREOF WHICH HAS BEEN SUBJECT TO ABUSE, if anyMISUSE, will be free from defects in materials and workmanship under normal use. b. EASEFILTER PROVIDES NO REMEDIES ACCIDENT, ALTERATION, MODIFICATION, NEGLECT, OR WARRANTIES, WHETHER EXPRESS UNAUTHORIZED REPAIR OR IMPLIED, FOR EVALUATION VERSIONS INSTALLATION IS NOT COVERED BY THIS WARRANTY. ANY LIABILITY OF LAYERED IT UNDER THIS WARRANTY WILL BE LIMITED EXCLUSIVELY TO REPAIR OR REPLACEMENT OF THE PRODUCTSOFTWARE OR HARDWARE OR, IF REPAIR OR REPLACEMENT IS INADEQUATE AS A REMEDY OR, AT LAYERED IT’S DETERMINATION, IMPRACTICAL, TO REFUND THE FEE PAID FOR SUCH SOFTWARE OR HARDWARE. EXCEPT FOR THE EVALUATION VERSION OF THE PRODUCT FOREGOING, ALL SOFTWARE AND HARDWARE IS PROVIDED "AS IS". c. EASEFILTER AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS” WITHOUT WARRANTY OF ANY KIND INCLUDING WITHOUT LIMITATION, WHETHER EXPRESSANY IMPLIED WARRANTY OF MERCHANTABILITY, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. EASEFILTER FURTHER, LAYERED IT DOES NOT WARRANT RESULTS OF USE, THAT THE PRODUCT SOFTWARE OR HARDWARE IS ERROR-BUG FREE OR THAT THE SOFTWARE OR HARDWARE WILL OPERATE WITHOUT INTERRUPTIONPROVIDE ANY PROTECTION AGAINST VIRUSES OR ANY NETWORK INTRUSION OR SECURITY BREACH, OR THAT THE USE OF SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED OR ERROR FREE. THE PRODUCT IS SOFTWARE AND/OR HARDWARE ARE NOT FAULT TOLERANT AND ARE NOT DESIGNED, MANUFACTURED, OR INTENDED OR LICENSED FOR USE IN LIFE-DEPENDENT OR HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLSPERFORMANCE, INCLUDING WITHOUT LIMITATION, SUCH AS IN THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION COMMUNICATIONS SYSTEMS, AIR TRAFFIC CONTROL, AND DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE SOFTWARE OR SERVICE COULD LEAD TO DEATH, PERSONAL INJURY OR PHYSICAL OR ENVIRONMENTAL DAMAGE. EASEFILTER SPECIFICALLY DISCLAIMS ANY EXPRESS TO THE EXTENT LICENSEE USES THE SOFTWARE OR IMPLIED WARRANTY OF FITNESS FOR HARDWARE IN SUCH PURPOSESENVIRONMENT, IT EXPRESSLY ASSUMES ALL RISK THEREFOR. 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.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty and Disclaimer. a. Except with respect Spanning warrants to an evaluation version of the Product, EaseFilter warrants that, Licensee for a period of thirty (30) days from Licensee’s first use of the date Software (the “Warranty Period”) that the Software will operate substantially pursuant to the Documentation for the Software. This warranty covers only problems reported to Spanning in writing during the Warranty Period, and which are capable of delivery (as evidenced being observed or reproduced by a copy of your receipt): (i) when used with a recommended hardware configurationSpanning. SOFTWARE OR ANY PART THEREOF WHICH HAS BEEN SUBJECT TO ABUSE, the Product will perform in substantial conformance with the documentation supplied with the Product; and (ii) the physical media on which the Product is furnishedMISUSE, if anyACCIDENT, will be free from defects in materials and workmanship under normal use. b. EASEFILTER PROVIDES NO REMEDIES ALTERATION, MODIFICATION, NEGLECT, OR WARRANTIES, WHETHER EXPRESS UNAUTHORIZED REPAIR OR IMPLIED, FOR EVALUATION VERSIONS INSTALLATION IS NOT COVERED BY THIS WARRANTY. ANY LIABILITY OF KASEYA UNDER THIS WARRANTY WILL BE LIMITED EXCLUSIVELY TO REPAIR OR REPLACEMENT OF THE PRODUCT. THE EVALUATION VERSION SOFTWARE OR, IF REPAIR OR REPLACEMENT IS INADEQUATE AS A REMEDY OR, AT KASEYA’S DETERMINATION, IMPRACTICAL, TO REFUND OF THE PRODUCT LICENSE FEE PAID FOR SUCH SOFTWARE. EXCEPT FOR THE FOREGOING, ALL SOFTWARE IS PROVIDED "AS IS". c. EASEFILTER AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS” WITHOUT WARRANTY OF ANY KIND INCLUDING WITHOUT LIMITATION, WHETHER EXPRESSANY IMPLIED WARRANTY OF MERCHANTABILITY, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. EASEFILTER FURTHER, KASEYA DOES NOT WARRANT RESULTS OF USE, THAT THE PRODUCT SOFTWARE IS ERROR-BUG FREE OR THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTIONPROVIDE ANY PROTECTION AGAINST VIRUSES OR ANY NETWORK INTRUSION OR SECURITY BREACH, OR THAT THE USE OF SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. THE PRODUCT IS SOFTWARE AND/OR SERVICE ARE NOT FAULT TOLERANT AND ARE NOT DESIGNED, MANUFACTURED, OR INTENDED OR LICENSED FOR USE IN LIFE-DEPENDENT OR HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLSPERFORMANCE, INCLUDING WITHOUT LIMITATION, SUCH AS IN THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION COMMUNICATIONS SYSTEMS, AIR TRAFFIC CONTROL, AND DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE SOFTWARE OR SERVICE COULD LEAD TO DEATH, PERSONAL INJURY OR PHYSICAL OR ENVIRONMENTAL DAMAGE. EASEFILTER SPECIFICALLY DISCLAIMS ANY EXPRESS TO THE EXTENT LICENSEE USES THE SOFTWARE OR IMPLIED WARRANTY OF FITNESS FOR SERVICE IN SUCH PURPOSESENVIRONMENT, IT EXPRESSLY ASSUMES ALL RISK THEREFOR. 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.

Appears in 1 contract

Samples: End User Software License Agreement

Limited Warranty and Disclaimer. a. Except with respect to an evaluation version of the Product, EaseFilter Aspose 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 ASPOSE 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 ASPOSE 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 ASPOSE DOES NOT WARRANT THAT THE PRODUCT IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. THE PRODUCT IS NOT DESIGNED, INTENDED OR LICENSED LICENCED 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 ASPOSE SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES. (90) DAYS FROM THE DATE OF DELIVERY. 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.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty and Disclaimer. a. Except with respect to an evaluation version of the Product, EaseFilter SAFECAREatHome warrants that, for a period of thirty (30) days from the date of delivery (as evidenced by a copy your acceptance of your receiptthis End User License Agreement): (i) when used with a recommended hardware configuration, the The Product will perform in substantial conformance with all material portions of the documentation supplied with the 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 . SAFECAREATHOME 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 . SAFECAREATHOME 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 SAFECAREATHOME 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 SAFECAREATHOME DOES NOT PROVIDE PROFESSIONAL MEDICAL ADVICE. SAFECAREATHOME SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES. e. . IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PRODUCT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EASEFILTERSAFECAREATHOME, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty and Disclaimer. a. Except with respect Spanning warrants to an evaluation version of the Product, EaseFilter warrants that, Licensee for a period of thirty (30) days from Licensee’s first use of the date Software (the “Warranty Period”) that the Software will operate substantially pursuant to the Documentation for the Software. This warranty covers only problems reported to Spanning in writing during the Warranty Period, and which are capable of delivery (as evidenced being observed or reproduced by a copy of your receipt): (i) when used with a recommended hardware configurationSpanning. SOFTWARE OR ANY PART THEREOF WHICH HAS BEEN SUBJECT TO ABUSE, the Product will perform in substantial conformance with the documentation supplied with the Product; and (ii) the physical media on which the Product is furnishedMISUSE, if anyACCIDENT, will be free from defects in materials and workmanship under normal use. b. EASEFILTER PROVIDES NO REMEDIES ALTERATION, MODIFICATION, NEGLECT, OR WARRANTIES, WHETHER EXPRESS UNAUTHORIZED REPAIR OR IMPLIED, FOR EVALUATION VERSIONS INSTALLATION IS NOT COVERED BY THIS WARRANTY. ANY LIABILITY OF SPANNING UNDER THIS WARRANTY WILL BE LIMITED EXCLUSIVELY TO REPAIR OR REPLACEMENT OF THE PRODUCT. THE EVALUATION VERSION SOFTWARE OR, IF REPAIR OR REPLACEMENT IS INADEQUATE AS A REMEDY OR, AT SPANNING'S DETERMINATION, IMPRACTICAL, TO REFUND OF THE PRODUCT LICENSE FEE PAID FOR SUCH SOFTWARE. EXCEPT FOR THE FOREGOING, ALL SOFTWARE IS PROVIDED "AS IS". c. EASEFILTER AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS” WITHOUT WARRANTY OF ANY KIND INCLUDING WITHOUT LIMITATION, WHETHER EXPRESSANY IMPLIED WARRANTY OF MERCHANTABILITY, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. EASEFILTER FURTHER, SPANNING DOES NOT WARRANT RESULTS OF USE, THAT THE PRODUCT SOFTWARE IS ERROR-BUG FREE OR THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTIONPROVIDE ANY PROTECTION AGAINST VIRUSES OR ANY NETWORK INTRUSION OR SECURITY BREACH, OR THAT THE USE OF SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. THE PRODUCT IS SOFTWARE AND/OR SERVICE ARE NOT FAULT TOLERANT AND ARE NOT DESIGNED, MANUFACTURED, OR INTENDED OR LICENSED FOR USE IN LIFE-DEPENDENT OR HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLSPERFORMANCE, INCLUDING WITHOUT LIMITATION, SUCH AS IN THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION COMMUNICATIONS SYSTEMS, AIR TRAFFIC CONTROL, AND DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE SOFTWARE OR SERVICE COULD LEAD TO DEATH, PERSONAL INJURY OR PHYSICAL OR ENVIRONMENTAL DAMAGE. EASEFILTER SPECIFICALLY DISCLAIMS ANY EXPRESS TO THE EXTENT LICENSEE USES THE SOFTWARE OR IMPLIED WARRANTY OF FITNESS FOR SERVICE IN SUCH PURPOSESENVIRONMENT, IT EXPRESSLY ASSUMES ALL RISK THEREFOR. 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.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty and Disclaimer. a. Except with respect to an evaluation version of the Product, EaseFilter Docentric d.o.o. warrants that, for a period of thirty one (301) days year 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 Docentric d.o.o. further represents and warrants that it has sufficient rights or title to permit it to grant all rights granted herein, that nothing in the Product constitutes an infringement or misappropriation of any third party rights, and that the Product is free from all viruses (such as Trojan horses or worms), security holes (such as backdoors or keyloggers) and other malicious codes. c. DOCENTRIC D.O.O. 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 d. DOCENTRIC D.O.O. 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 DOCENTRIC D.O.O. 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 DOCENTRIC D.O.O. SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES. e. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PRODUCT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. f. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EASEFILTERDOCENTRIC D.O.O., ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty and Disclaimer. a. Except with respect to an evaluation version of a) Provided that Licensee has paid the Productapplicable license fee, EaseFilter GMC warrants that, that for a period of thirty (30) 90 days from the date of delivery (as evidenced by a copy of your receipt): (i) when used with a recommended hardware configuration, shipment from GMC the Product will perform in substantial conformance with Software substantially conforms to its published specifications and the documentation supplied with the Product; and (ii) the physical media on which the Product Software is furnished, if any, furnished will be free from of defects in materials and workmanship under normal use. b. EASEFILTER PROVIDES b) GMC AND ITS SUPPLIERS PROVIDE NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIEDIMPLIED FOR ANY SAMPLE APPLICATION CODE, FOR EVALUATION VERSIONS OF THE PRODUCT. THE EVALUATION ALPHA CODE OR TRIAL VERSION OF THE PRODUCT IS SOFTWARE. ANY TRIAL VERSION OR TEST VERSION (NON GA VERSION) OR SAMPLE APPLICATION CODE OF THE SOFTWARE ARE PROVIDED "AS IS". c. EASEFILTER AND c) EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY WITH RESPECT TO SOFTWARE OTHER THAN ANY SAMPLE APPLICATION CODE OR TRIAL VERSION GMC, ITS SUPPLIERS AND RESELLERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESSEXPRESSED, IMPLIED, IMPLIED OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EASEFILTER ALSO THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. GMC DOES NOT WARRANT THAT THE PRODUCT SOFTWARE 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. d) IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO (90) DAYS FROM THE DATE OF SHIPMENT OF THE SOFTWARE OR PRODUCT. e) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EASEFILTERGMC, ITS DEALERS, DISTRIBUTORS, AGENTS SUPPLIERS AND RESELLERS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.

Appears in 1 contract

Samples: End User License Agreement (Eula)

Limited Warranty and Disclaimer. a. Except with respect to an evaluation version of the ProductTHE PRODUCT IS PROVIDED “AS IS”, EaseFilter warrants thatWITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, for a period of thirty NEITHER ECHOWORX NOR SERVICE PROVIDER WARRANTS THAT: (30A) days from the date of delivery THE PRODUCT WILL MEET YOUR REQUIREMENTS OR THAT IT IS SUITED FOR ANY PARTICULAR PURPOSE; (as evidenced by a copy of your receipt): B) THE PRODUCT WILL BE FREE FROM ANY DISABLING CODE; (iC) when used with a recommended hardware configuration, the Product will perform in substantial conformance with the documentation supplied with the ProductOPERATION OF THE PRODUCT WILL BE UNINTERRUPTED; and (iiD) 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 THE PRODUCT WILL BE ERROR-FREE; (E) YOU WILL ENJOY USE OF THE PRODUCT WITHOUT INTERFERENCE; (F) ERRORS OR WARRANTIES, WHETHER EXPRESS OTHER DEFECTS IN THE PRODUCT WILL BE CORRECTED OR IMPLIED, FOR EVALUATION VERSIONS WILL BE CORRECTED WITHIN A SPECIFIC PERIOD OF TIME; OR (H) UNAUTHORIZED THIRD PARTIES WILL BE RESTRICTED FROM ACCESSING OR INTERFERING WITH DATA OR E-MAIL MESSAGES SENT OR RECEIVED USING THE PRODUCT. ECHOWORX AND SERVICE PROVIDER HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS AND IMPLIED, INCLUDING ANY IMPLIED WARRANTIES, REPRESENTATIONS OR CONDITIONS OF SATISFACTORY OR MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE EVALUATION VERSION ENTIRE RISK AS TO THE QUALITY, PERFORMANCE, OPERATION AND ACCURACY OF THE PRODUCT IS PROVIDED "AS IS". c. EASEFILTER BORNE BY YOU. WITHOUT LIMITING SECTIONS 9(B), (C) OR (E) HEREOF, YOU ACKNOWLEDGE 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 AGREE THAT THE PRODUCT IS ERROR-FREE MAY CONTAIN CODE, INSTRUCTIONS, KEYS, TIMED ACTIVATION COMMANDS, AND DISABLING DEVICES THAT MAY BE USED BY ECHOWORX OR WILL OPERATE WITHOUT INTERRUPTION. SERVICE PROVIDER TO INTERRUPT, PREVENT, MONITOR, DISCONTINUE, END, CONTROL, OR OTHERWISE DISABLE YOUR USE OF THE PRODUCT IS IN ACCORDANCE WITH ECHOWORX OR SERVICE PROVIDER RIGHTS, WHETHER CONTRACT, CIVIL, PROCEDURAL, STATUTORY, OR OTHER RIGHTS. SOME JURISDICTIONS DO NOT DESIGNEDALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR OTHER TERMS, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, SO SOME OF 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 PURPOSESABOVE LIMITATIONS MAY NOT APPLY TO YOU. 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.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty and Disclaimer. a. Except with respect to an evaluation version of 6.1. The Rightholder makes no guarantees that 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 Software is furnished, if any, will be free from defects in materials and workmanship under normal usefunctionally operative. b. EASEFILTER PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR EVALUATION VERSIONS OF THE PRODUCT6.2. THE EVALUATION VERSION OF THE PRODUCT SOFTWARE IS PROVIDED "AS IS". c. EASEFILTER " AND THE RIGHTHOLDER MAKES NO REPRESENTATION AND GIVES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW THE RIGHTHOLDER AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONSPARTNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESSED OR IMPLIED, WHETHER EXPRESSBY STATUTE, IMPLIEDCOMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS APPLICABILITY FOR A PARTICULAR PURPOSE. EASEFILTER DOES NOT WARRANT YOU ASSUME ALL FAULTS, AND THE ENTIRE RISK AS TO PERFORMANCE AND RESPONSIBILITY FOR SELECTING THE SOFTWARE, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, THE RIGHTHOLDER MAKES NO REPRESENTATION AND GIVES NO WARRANTY THAT THE PRODUCT IS SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTION. MEET ANY OR ALL YOUR REQUIREMENTS WHETHER OR NOT DISCLOSED TO 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 PURPOSESRIGHTHOLDER. 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.

Appears in 1 contract

Samples: Product Terms and Conditions

Limited Warranty and Disclaimer. a. Except with respect to an evaluation version of the Product, EaseFilter warrants that, for a period of thirty JNBRIDGE WARRANTS THAT THE SOFTWARE WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION FOR A PERIOD OF NINETY (3090) 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 DAYS FROM THE DATE OF DOWNLOAD FROM THE JNBRIDGE WEB SITE. UNDER NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR EVALUATION VERSIONS CIRCUMSTANCES WILL THE FOREGOING LIMITED WARRANTY APPLY AS TO ANY FAILURES OF THE PRODUCTSOFTWARE DISCOVERED AFTER THE NINETY (90) DAY PERIOD. SOME STATES/JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS, SO THE EVALUATION VERSION ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY SHALL NOT APPLY TO THE EXTENT THAT ANY FAILURE OF THE PRODUCT SOFTWARE RESULTS FROM ACCIDENT, ABUSE, MISAPPLICATION, MISUSE, ABNORMAL USE OR VIRUS. EXCEPT FOR THE LIMITED WARRANTY CONTAINED IN THIS SECTION 8, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "TO YOU “AS IS". c. EASEFILTER ” AND JNBRIDGE AND ITS SUPPLIERS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONSCONDITIONS, WHETHER EXPRESS, IMPLIED, IMPLIED OR OTHERWISESTATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR MERCHANTABILITY, 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 SYSTEMSNON-INFRINGEMENT. EASEFILTER SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES. e. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EASEFILTERJNBRIDGE, ITS DEALERSEMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. YOUR SOLE REMEDY, AND JNBRIDGE'S AND ITS LICENSORS ENTIRE LIABILITY, FOR ANY BREACH OF THE LIMITED WARRANTY PROVIDED HEREINCONTAINED IN THIS SECTION 8 SHALL BE THAT JNBRIDGE SHALL, AT ITS SOLE OPTION, (A) RETURN THE AMOUNT RECEIVED BY JNBRIDGE (IF ANY) FOR THE SOFTWARE UNDER THIS AGREEMENT, OR (B) UPON RETURN OF THE SOFTWARE TO JNBRIDGE, REPAIR OR REPLACE THE PORTION OF THE SOFTWARE THAT DOES NOT MEET THE LIMITED WARRANTY.

Appears in 1 contract

Samples: Software License Agreement

Limited Warranty and Disclaimer. a. Except with respect (a) Docebo represents and warrants to an evaluation version of the Product, EaseFilter warrants Customer that, for a period of thirty (30) days from the date of delivery (as evidenced by a copy of your receipt): : (i) when used it will provide the Services in a manner consistent with a recommended hardware configurationgeneral industry standards reasonably applicable to the provision thereof; (ii) it has all rights, licenses, consents and authorizations necessary to grant the Product rights and licenses granted in this Agreement; (iii) the Services delivered under the Agreement will perform operate substantially in substantial conformance conformity with its Documentation under normal use and circumstances; (iv) the documentation supplied with Documentation accurately and completely reflects all material features and functions of the ProductServices; and (iiv) the physical media on which the Product is furnishedit shall comply with all applicable federal, if anystate, will be free from defects in materials provincial and workmanship local laws, rules, and regulations when performing its obligations under normal use.this Agreement.. b. EASEFILTER PROVIDES NO REMEDIES (b) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER DOCEBO, ITS AFFILIATES, LICENSORS OR SUPPLIERS, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR REPRESENTATIVES MAKES ANY EXPRESS OR IMPLIED WARRANTIES, CONDITIONS, OR REPRESENTATIONS TO THE CUSTOMER, OR ANY OTHER PERSON OR ENTITY WITH RESPECT TO THE SERVICES OR OTHERWISE REGARDING THIS AGREEMENT, WHETHER EXPRESS ORAL OR IMPLIEDWRITTEN, FOR EVALUATION VERSIONS OF EXPRESS, IMPLIED OR STATUTORY, AND, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PRODUCT. SERVICES ARE PROVIDED TO THE EVALUATION VERSION OF THE PRODUCT IS PROVIDED "CUSTOMER ON AN “AS IS". c. EASEFILTER AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES “AS AVAILABLE” BASIS, AND REPRESENTATIONSARE FOR COMMERCIAL USE ONLY. WITHOUT LIMITING THE FOREGOING, WHETHER EXPRESSANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, IMPLIED, THE IMPLIED WARRANTY OR OTHERWISE, INCLUDING THE WARRANTIES CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE ARE EXPRESSLY EXCLUDED AND DISCLAIMED. EASEFILTER DOES NOT WARRANT NO WARRANTY IS MADE THAT USE OF THE SERVICES WILL BE TIMELY, ERROR FREE OR UNINTERRUPTED, THAT ANY NON-MATERIAL ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED, THAT THE PRODUCT IS ERROR-FREE OR SERVICES WILL OPERATE WITHOUT INTERRUPTION. IN COMBINATION WITH HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED OR RECOMMENDED BY DOCEBO, OR THAT THE PRODUCT IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, SERVICES FUNCTIONALITY WILL MEET 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 PURPOSESCUSTOMER’S REQUIREMENTS. 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.

Appears in 1 contract

Samples: Master Services Agreement

Limited Warranty and Disclaimer. a. Except with respect to an evaluation version of the Product, EaseFilter warrants that, for a period of thirty JNBRIDGE WARRANTS THAT THE SOFTWARE WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION FOR A PERIOD OF NINETY (3090) 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 DAYS FROM THE DATE OF DOWNLOAD FROM THE JNBRIDGE WEB SITE. UNDER NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR EVALUATION VERSIONS CIRCUMSTANCES WILL THE FOREGOING LIMITED WARRANTY APPLY AS TO ANY FAILURES OF THE PRODUCTSOFTWARE DISCOVERED AFTER THE NINETY (90) DAY PERIOD. LICENSEE MAY, HOWEVER, ENTER INTO A SEPARATE MAINTENANCE AND SUPPORT ARRANGEMENT WITH JNBRIDGE. THIS LIMITED WARRANTY SHALL NOT APPLY TO THE EVALUATION VERSION EXTENT THAT ANY FAILURE OF THE PRODUCT SOFTWARE RESULTS FROM ACCIDENT, ABUSE, MISAPPLICATION, MISUSE, ABNORMAL USE OR VIRUS. SOME STATES/JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE. EXCEPT FOR THE LIMITED WARRANTY CONTAINED IN THIS SECTION 7, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "TO LICENSEE “AS IS". c. EASEFILTER ” AND JNBRIDGE AND ITS SUPPLIERS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONSCONDITIONS, WHETHER EXPRESS, IMPLIED, IMPLIED OR OTHERWISESTATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR MERCHANTABILITY, NON-INFRINGEMENT, AND 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 EASEFILTERJNBRIDGE, ITS DEALERSEMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. LICENSEE’S SOLE REMEDY, AND JNBRIDGE'S AND ITS LICENSORS’ ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY PROVIDED HEREINCONTAINED IN THIS SECTION 7 SHALL BE THAT JNBRIDGE SHALL, AT ITS SOLE OPTION, (A) RETURN THE AMOUNT RECEIVED BY JNBRIDGE (IF ANY) FOR THE SOFTWARE UNDER THIS AGREEMENT, OR (B) UPON RETURN OF THE SOFTWARE TO JNBRIDGE, REPAIR OR REPLACE THE PORTION OF THE SOFTWARE THAT DOES NOT MEET THE LIMITED WARRANTY.

Appears in 1 contract

Samples: Software License Agreement

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Limited Warranty and Disclaimer. a. Except with respect to an evaluation version of The Licensee hereby agrees sole responsible for selecting and installing the Product, EaseFilter warrants that, for a period of thirty (30) days from Application and that 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 Software may not satisfy all requirements or be free from defects in materials and workmanship under normal use. b. EASEFILTER PROVIDES NO REMEDIES defects. RIEDEL SPECIFICALLY DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE UNINTERRUPTED OR WARRANTIESERROR FREE. THE APPLICATION IS PROVIDED “AS IS” WITHOUT ANY REPRESENTATION, WHETHER WARRANTY OR CONDITION BY RIEDEL OF ANY KIND, EXPRESS OR IMPLIED, FOR EVALUATION VERSIONS INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION OF THE PRODUCT. THE EVALUATION VERSION OF THE PRODUCT IS PROVIDED "AS IS". c. EASEFILTER AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONSMERCHANTABILITY, WHETHER EXPRESSMECHANTABLE QUALITY, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY DURABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR TITLE OR NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. 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 EASEFILTERRIEDEL OR ITS RESPECTIVE EMPLOYEES, ITS DEALERSAGENTS, DISTRIBUTORS, AGENTS SUPPLIERS OR EMPLOYEES SHALL DISTRIBUTORS WILL CREATE A WARRANTY WARRANTY. RIEDEL DOES NOT WARRANT, GUARANTEE OR MAKE REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE OF THE SOFTWARE IN ANY WAY INCREASE TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. IF SUCH DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS IS NOT PERMITTED BY LAW, THE SCOPE DURATION OF ANY WARRANTY PROVIDED HEREINSUCH IMPLIED WARRANTIES OR CONDITIONS IS LIMITED TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. The provisions of this licence supersede all prior agreements and representations.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty and Disclaimer. a. Except with respect to an evaluation version a Trial Version and of the Product, EaseFilter Nasosoft 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 NASOSOFT PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR EVALUATION VERSIONS OF THE PRODUCT. THE EVALUATION TRIAL VERSION OF THE PRODUCT SOFTWARE. THE TRIAL VERSION OF THE SOFTWARE IS PROVIDED "AS IS". . c. EASEFILTER NASOSOFT 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 NASOSOFT DOES NOT WARRANT THAT THE PRODUCT SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. 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 NASOSOFT 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 NINETY (90) DAYS FROM THE DATE OF DELIVERY. e. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EASEFILTERNASOSOFT, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty and Disclaimer. a. Except with respect IT Glue warrants to an evaluation version of the Product, EaseFilter warrants that, Licensee for a period of thirty (30) days from Licensee’s first use of the date Software (the “Warranty Period”) that the Software will operate substantially pursuant to the Documentation for the Software. This warranty covers only problems reported to IT Glue in writing during the Warranty Period, and which are capable of delivery (as evidenced being observed or reproduced by a copy of your receipt): (i) when used with a recommended hardware configurationIT Glue. SOFTWARE OR ANY PART THEREOF WHICH HAS BEEN SUBJECT TO ABUSE, the Product will perform in substantial conformance with the documentation supplied with the Product; and (ii) the physical media on which the Product is furnishedMISUSE, if anyACCIDENT, will be free from defects in materials and workmanship under normal use. b. EASEFILTER PROVIDES NO REMEDIES ALTERATION, MODIFICATION, NEGLECT, OR WARRANTIES, WHETHER EXPRESS UNAUTHORIZED REPAIR OR IMPLIED, FOR EVALUATION VERSIONS INSTALLATION IS NOT COVERED BY THIS WARRANTY. ANY LIABILITY OF IT GLUE UNDER THIS WARRANTY WILL BE LIMITED EXCLUSIVELY TO REPAIR OR REPLACEMENT OF THE PRODUCT. THE EVALUATION VERSION SOFTWARE OR, IF REPAIR OR REPLACEMENT IS INADEQUATE AS A REMEDY OR, AT IT GLUE’S DETERMINATION, IMPRACTICAL, TO REFUND OF THE PRODUCT LICENSE FEE PAID FOR SUCH SOFTWARE. EXCEPT FOR THE FOREGOING, ALL SOFTWARE IS PROVIDED "AS IS". c. EASEFILTER AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS” WITHOUT WARRANTY OF ANY KIND INCLUDING WITHOUT LIMITATION, WHETHER EXPRESSANY IMPLIED WARRANTY OF MERCHANTABILITY, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. EASEFILTER FURTHER, IT GLUE DOES NOT WARRANT RESULTS OF USE, THAT THE PRODUCT SOFTWARE IS ERROR-BUG FREE OR THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTIONPROVIDE ANY PROTECTION AGAINST VIRUSES OR ANY NETWORK INTRUSION OR SECURITY BREACH, OR THAT THE USE OF SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. THE PRODUCT IS SOFTWARE AND/OR SERVICE ARE NOT FAULT TOLERANT AND ARE NOT DESIGNED, MANUFACTURED, OR INTENDED OR LICENSED FOR USE IN LIFE-DEPENDENT OR HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLSPERFORMANCE, INCLUDING WITHOUT LIMITATION, SUCH AS IN THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION COMMUNICATIONS SYSTEMS, AIR TRAFFIC CONTROL, AND DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE SOFTWARE OR SERVICE COULD LEAD TO DEATH, PERSONAL INJURY OR PHYSICAL OR ENVIRONMENTAL DAMAGE. EASEFILTER SPECIFICALLY DISCLAIMS ANY EXPRESS TO THE EXTENT LICENSEE USES THE SOFTWARE OR IMPLIED WARRANTY OF FITNESS FOR SERVICE IN SUCH PURPOSESENVIRONMENT, IT EXPRESSLY ASSUMES ALL RISK THEREFOR. 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.

Appears in 1 contract

Samples: End User Software License Agreement

Limited Warranty and Disclaimer. a. Except with respect to in the case of an evaluation version of the ProductEvaluation License, EaseFilter Azul warrants that, for a period of thirty ninety (3090) days from the date beginning of delivery (as evidenced by a copy of your receipt): (i) when used with a recommended hardware configuration, the applicable Software Services Term that the Product will perform in substantial conformance with materially conform to Azul’s then current Documentation for such Product. This warranty covers only problems reported to Azul during the documentation supplied with the Product; and (ii) the physical media on which the Product is furnishedwarranty period. ANY LIABILITY OF AZUL WITH RESPECT TO A PRODUCT OR THE PERFORMANCE THEREOF UNDER ANY WARRANTY, if anyNEGLIGENCE, will be free from defects in materials and workmanship under normal use. b. EASEFILTER PROVIDES NO REMEDIES STRICT LIABILITY OR WARRANTIESOTHER THEORY WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR, WHETHER EXPRESS OR IMPLIEDIF REPLACEMENT CANNOT SUBSTANTIALLY CORRECT A BREACH OF WARRANTY IN A COMMERCIALLY REASONABLE TIME, AZUL MAY, AT ITS SOLE DISCRETION, TERMINATE THE RELEVANT ORDER FOR EVALUATION VERSIONS SOFTWARE SERVICES, IN WHICH CASE CUSTOMER MAY RECEIVE A PRO RATA REFUND OF AN APPROPRIATE PORTION THE REMAINING UNAMORTIZED SOFTWARE SERVICES FEE PAID BY CUSTOMER FOR THE PRODUCT THAT IS THE SUBJECT OF THE PRODUCTCLAIM. EXCEPT FOR THE EVALUATION VERSION OF THE PRODUCT IS FOREGOING WARRANTY BY AZUL, ALL PRODUCTS ARE PROVIDED "AS IS". c. EASEFILTER AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE” WITHOUT WARRANTY OF ANY KIND FROM ANYONE, INCLUDING THE WARRANTIES WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NONINFRINGEMENT, OR ANY WARRANTIES IMPLIED BY THE COURSE OF DEALING OR USAGE OF TRADE. EASEFILTER FURTHER, AZUL DOES NOT WARRANT RESULTS OF USE OR THAT THE PRODUCT IS ERROR-FREE PRODUCTS WILL BE UNINTERRUPTED, BUG FREE, THAT AZUL WILL CORRECT ALL ERRORS, OR THAT THE SOFTWARE SERVICES WILL OPERATE WITHOUT INTERRUPTION. THE PRODUCT IS NOT DESIGNEDBE UNINTERRUPTED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE MEET CUSTOMER’S REQUIREMENTS 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 PURPOSESEXPECTATIONS. 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.

Appears in 1 contract

Samples: Software Agreement

Limited Warranty and Disclaimer. a. Except with respect to an evaluation version of the Product, EaseFilter 15.1 Each party warrants that: (a) it is a validly existing and duly incorporated company in accordance with respective local laws; (b) it has full power, for a period legal right and authority to enter into this Agreement, and to do all acts and things and execute and deliver all other documents as are required hereunder to be done, observed or performed by it in accordance with its the terms of thirty this Agreement; and (30c) days from it has taken all necessary corporate action to authorize the date creation, execution, delivery and performance of delivery (as evidenced by a copy this Agreement, and to observe and perform the provisions of your receipt): (i) this Agreement in accordance with their terms. 15.2 Supplier further warrants that during throughout the Term, when used utilized in accordance with a recommended hardware configurationtheir current Documentation and under normal use and circumstances, the Product Services will perform operate in substantial material 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 useDocumentation. b. EASEFILTER 15.3 EXCEPT AS SET FORTH IN THIS SECTION 14, SUPPLIER MAKES NO REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND CONCERNING THE SERVICES, THE MATERIALS, OR THEIR USE, ACCURACY, OR FUNCTION. SPECIFICALLY, SUPPLIER PROVIDES NO REMEDIES OR THE SERVICES ON AN “AS-IS” BASIS AND “AS-AVAILABLE BASIS” AND DISCLAIMS ALL 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 OTHERWISESTATUTORY, REGARDING THE SERVICES, INCLUDING THE ANY WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. EASEFILTER NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES SHALL BE DEEMED A WARRANTY OR GUARANTEE FOR ANY PURPOSE OR GIVE RISE TO ANY SUPPLIER’ LIABILITY OF THIRD PARTIES WHATSOEVER. CUSTOMER ACKNOWLEDGES THAT IT RELIED ON NO WARRANTIES OR STATEMENTS OTHER THAN AS MAY BE SET FORTH HEREIN. SUPPLIER DOES NOT WARRANT THAT THE PRODUCT IS ERRORSERVICES OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, 15.4 Customer may be invited by Supplier to try beta versions of the Services (“Beta Services”). Customer may need to agree to additional terms for the Beta Services. The Beta Services are provided for evaluation and feedback purposes only and may not be used in a production environment. Customer understands that the beta Services are not generally released and, therefore, are unsupported and may contain bugs, errors, and other issues. The Beta Services are provided on an “AS-FREE OR WILL OPERATE WITHOUT INTERRUPTIONIS” basis, without warranty of any kind, and Supplier is not responsible for any problems or issues related to Customer’s use of the Beta Services. THE PRODUCT IS NOT DESIGNEDThe Beta Services may never be generally available, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLSand Supplier may discontinue the Beta Services in its sole discretion at any time for any reason, 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 PURPOSESand Supplier may delete any Customer Content or any other data on the Beta Services without liability to Customer. 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.

Appears in 1 contract

Samples: Software as a Service Agreement

Limited Warranty and Disclaimer. a. Except with respect to an evaluation version of the Product, EaseFilter GSL warrants that, for a period of thirty ninety (3090) days from the date of delivery (as evidenced by a copy of your receipt): (i) when used with a recommended hardware configurationdays, the Product Software will perform in substantial conformance with published specifications for 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 useSoftware. b. EASEFILTER PROVIDES NO REMEDIES OR WARRANTIESEXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY WITH RESPECT TO THE SOFTWARE, 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 GSL DISCLAIMS ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EASEFILTER ALSO, THERE IS NO WARRANTY OF NON- INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. GSL DOES NOT WARRANT THAT THE PRODUCT SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. THE PRODUCT SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-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. c. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. d. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EASEFILTER, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES GSL SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. e. (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty and Disclaimer. a. Except with respect (a) Docebo represents and warrants to an evaluation version of the Product, EaseFilter warrants Customer that, for a period of thirty (30) days from the date of delivery (as evidenced by a copy of your receipt): : (i) when used it will provide the Software Services in a manner consistent with a recommended hardware configurationgeneral industry standards reasonably applicable to the provision thereof; (ii) it has all rights, licenses, consents and authorizations necessary to grant the Product rights and licenses granted in these Terms and Conditions; (iii) the Software Services delivered will perform operate substantially in substantial conformance conformity with its Documentation under normal use and circumstances; (iv) the documentation supplied with Documentation accurately and completely reflects all material features and functions of the ProductSoftware Services; and (iiv) the physical media on which the Product is furnishedit shall comply with all applicable federal, if anystate, will be free from defects in materials provincial and workmanship local laws, rules, and regulations when performing its obligations under normal usethese Terms and Conditions. b. EASEFILTER PROVIDES NO REMEDIES (b) OTHER THAN AS EXPRESSLY SET FORTH IN THIS XXXX, NEITHER DOCEBO, ITS AFFILIATES, LICENSORS OR SUPPLIERS, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR REPRESENTATIVES MAKES ANY EXPRESS OR IMPLIED WARRANTIES, CONDITIONS, OR REPRESENTATIONS TO THE CUSTOMER, OR ANY OTHER PERSON OR ENTITY WITH RESPECT TO THE SERVICES OR OTHERWISE REGARDING THIS XXXX, WHETHER EXPRESS ORAL OR IMPLIEDWRITTEN, FOR EVALUATION VERSIONS OF EXPRESS, IMPLIED OR STATUTORY, AND, EXCEPT AS EXPRESSLY SET FORTH IN THIS XXXX, THE PRODUCT. SERVICES ARE PROVIDED TO THE EVALUATION VERSION OF THE PRODUCT IS PROVIDED "CUSTOMER ON AN “AS IS". c. EASEFILTER AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES “AS AVAILABLE” BASIS, AND REPRESENTATIONSARE FOR COMMERCIAL USE ONLY. WITHOUT LIMITING THE FOREGOING, WHETHER EXPRESSANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, IMPLIED, THE IMPLIED WARRANTY OR OTHERWISE, INCLUDING THE WARRANTIES CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE ARE EXPRESSLY EXCLUDED AND DISCLAIMED. EASEFILTER DOES NOT WARRANT NO WARRANTY IS MADE THAT USE OF THE SERVICES WILL BE TIMELY, ERROR FREE OR UNINTERRUPTED, THAT ANY NON- MATERIAL ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED, THAT THE PRODUCT IS ERROR-FREE OR SERVICES WILL OPERATE WITHOUT INTERRUPTION. IN COMBINATION WITH HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED OR RECOMMENDED BY DOCEBO, OR THAT THE PRODUCT IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, SERVICES FUNCTIONALITY WILL MEET 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 PURPOSESCUSTOMER’S REQUIREMENTS. 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.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty and Disclaimer. a. Except with respect (a) Docebo represents and warrants to an evaluation version of the Product, EaseFilter warrants Customer that, for a period of thirty (30) days from the date of delivery (as evidenced by a copy of your receipt): : (i) when used it will provide the Software Services in a manner consistent with a recommended hardware configurationgeneral industry standards reasonably applicable to the provision thereof; (ii) it has all rights, licenses, consents and authorizations necessary to grant the Product rights and licenses granted in these Terms and Conditions; (iii) the Software Services delivered under the Agreement will perform operate substantially in substantial conformance conformity with its Documentation under normal use and circumstances; (iv) the documentation supplied with Documentation accurately and completely reflects all material features and functions of the ProductSoftware Services; and (iiv) the physical media on which the Product is furnishedit shall comply with all applicable federal, if anystate, will be free from defects in materials provincial and workmanship local laws, rules, and regulations when performing its obligations under normal use.these Terms and Conditions.. b. EASEFILTER PROVIDES NO REMEDIES (b) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER DOCEBO, ITS AFFILIATES, LICENSORS OR SUPPLIERS, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR REPRESENTATIVES MAKES ANY EXPRESS OR IMPLIED WARRANTIES, CONDITIONS, OR REPRESENTATIONS TO THE CUSTOMER, OR ANY OTHER PERSON OR ENTITY WITH RESPECT TO THE SERVICES OR OTHERWISE REGARDING THIS AGREEMENT, WHETHER EXPRESS ORAL OR IMPLIEDWRITTEN, FOR EVALUATION VERSIONS OF EXPRESS, IMPLIED OR STATUTORY, AND, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PRODUCT. SERVICES ARE PROVIDED TO THE EVALUATION VERSION OF THE PRODUCT IS PROVIDED "CUSTOMER ON AN “AS IS". c. EASEFILTER AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES “AS AVAILABLE” BASIS, AND REPRESENTATIONSARE FOR COMMERCIAL USE ONLY. WITHOUT LIMITING THE FOREGOING, WHETHER EXPRESSANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, IMPLIED, THE IMPLIED WARRANTY OR OTHERWISE, INCLUDING THE WARRANTIES CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE ARE EXPRESSLY EXCLUDED AND DISCLAIMED. EASEFILTER DOES NOT WARRANT NO WARRANTY IS MADE THAT USE OF THE SERVICES WILL BE TIMELY, ERROR FREE OR UNINTERRUPTED, THAT ANY NON-MATERIAL ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED, THAT THE PRODUCT IS ERROR-FREE OR SERVICES WILL OPERATE WITHOUT INTERRUPTION. IN COMBINATION WITH HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED OR RECOMMENDED BY DOCEBO, OR THAT THE PRODUCT IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, SERVICES FUNCTIONALITY WILL MEET 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 PURPOSESCUSTOMER’S REQUIREMENTS. 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.

Appears in 1 contract

Samples: Free Trial Agreement

Limited Warranty and Disclaimer. a. Except with respect to an evaluation version of the Product, EaseFilter Pwnie Express warrants that, for a period during the term of thirty (30) days from the date of delivery (as evidenced by a copy of your receipt): (i) when used with a recommended hardware configurationthis Agreement, the Product will perform Software and Sensors shall substantially conform to the applicable Pwnie Express documentation. In the event of a breach of the foregoing limited warranty, Pwnie Express, at its sole option and expense, shall repair, replace and/or modify any defective Software or defective Sensors as Licensee’s sole remedy. Pwnie Express shall have no warranty obligations if the Software or Sensors have been modified by Licensee or a third-party without the written consent of Pwnie Express or have not been used in substantial conformance accordance with the documentation supplied with the Product; and (ii) the physical media on which the Product is furnishedPwnie Express documentation. Further, if anythe Sensor hardware is lost, stolen, damaged or altered, as described above, or is altered or damaged as a result of user error or negligence as determined by Pwnie Express, Licensee will be free from defects in materials and workmanship under normal use. b. EASEFILTER PROVIDES NO REMEDIES OR WARRANTIESresponsible for the cost of repair or replacement as determined by Pwnie Express. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED, FOR EVALUATION VERSIONS OF THE PRODUCT. THE EVALUATION VERSION OF THE PRODUCT IS SOFTWARE AND SENSORS ARE PROVIDED "AS IS". c. EASEFILTER ”. LICENSEE ACKNOWLEDGES THAT NO REFUNDS SHALL BE DUE OR OWED LICENSEE WITH RESPECT TO ANY SOFTWARE OR SENSORS CONTEMPLATED BY THIS LIMITED WARRANTY SECTION. PWNIE EXPRESS DISCLAIMS ANY AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONSWARRANTIES, WHETHER EXPRESS, IMPLIEDIMPLIED OR STATUTORY, WITH RESPECT TO THE SOFTWARE OR OTHERWISESENSORS, INCLUDING ANY THIRD-PARTY SOFTWARE OR ANY OPEN SOURCE SOFTWARE, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT OR ANY OTHER WARRANTIES WHATSOEVER, INCLUDING THOSE ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. EASEFILTER IN NO EVENT DOES NOT PWNIE EXPRESS 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 ANY SOFTWARE OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT SENSORS 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 PROVISION OF ANY WARRANTY PROVIDED HEREINSOFTWARE OR SENSORS SHALL BE UNINTERRUPTED OR ERROR FREE.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty and Disclaimer. a. Except with respect to an evaluation version of the Product, EaseFilter warrants that5.1. Yellowfin warrants, for a period of thirty ninety (3090) days from the date of delivery of the Product (as evidenced by a copy of your receipt): (i) when used with a recommended hardware configurationthe “Warranty Period”), that the Product will perform conform in substantial conformance all material respects to the Documentation provided that you administer, access and use the Product in accordance with the documentation supplied Documentation and that it is properly set up and configured. As the sole and exclusive remedy for any breach of this warranty, Yellowfin will, within a reasonable time, repair or replace the Product if the failure is reported during the Warranty Period. If Yellowfin reasonably determines that repair or replacement is not economically or technically feasible, Yellowfin may terminate this Agreement and provide You with a full refund of the license fee and any support fees paid with respect to 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 5.2. Yellowfin must provide You with support in accordance with Yellowfin’s current and applicable support policies listed at xxx.xxxxxxxxxxx.xxx. 5.3. YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO SELECT THE CORRECT LICENSE MODEL TO ACHIEVE YOUR INTENDED RESULTS WITH THE PRODUCT. 5.4. SUBJECT TO ANY STATUTORY WARRANTIES THAT CANNOT BE EXCLUDED, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YELLOWFIN, ITS LICENSORS AND THEIR RESPECTIVE SUPPLIERS MAKE NO REMEDIES WARRANTIES OR WARRANTIESREPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, FOR EVALUATION VERSIONS OF RELATING TO THE PRODUCT, OR ANY SERVICES OR UPDATES. TO THE EVALUATION VERSION MAXIMUM EXTENT PERMITTED BY LAW, ANY UPDATES OR SERVICES ARE DELIVERED “AS IS” AND ARE NOT WARRANTED TO BE ERROR-FREE, AND YOU ACCEPT THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE, RELIABILITY, ACCURACY AND RESULTS OF USE OF THE PRODUCT IS PROVIDED "AS IS". c. EASEFILTER AND ITS SUPPLIERS DISCLAIM WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YELLOWFIN DISCLAIMS ALL OTHER IMPLIED WARRANTIES AND REPRESENTATIONSREPRESENTATIONS INCLUDING, WHETHER EXPRESSBUT NOT LIMITED TO, IMPLIEDANY IMPLIED WARRANTY OF MERCHANTABILITY, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE WITH RESPECT TO THE PRODUCT, OR ANY SERVICES OR UPDATES. EASEFILTER YELLOWFIN DOES NOT WARRANT THAT THE PRODUCT IS WILL: (I) BE ERROR-FREE OR WILL FREE; (II) OPERATE WITHOUT INTERRUPTION; (III) CORRECT ALL PROGRAM ERRORS; (IV) BE COMPATIBLE WITH ANY PRODUCTS NOT SUPPLIED BY YELLOWFIN; OR (V) MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT YELLOWFIN DISCLAIM ALL WARRANTIES IF 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, PROPERLY SET UP AND LIFE SUPPORT OR WEAPONS SYSTEMS. EASEFILTER SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSESCONFIGURED. e. 5.5. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EASEFILTERYELLOWFIN, ITS DEALERSCHANNEL VENDORS, DISTRIBUTORSOR THEIR RESPECTIVE EMPLOYEES, AGENTS OFFICERS, DIRECTORS, CONTRACTORS, DISTRIBUTORS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY AGENTS, WILL INCREASE THE SCOPE OF THE EXPRESS WARRANTIES OR CREATE ANY WARRANTY PROVIDED HEREINNEW REPRESENTATIONS, WARRANTIES OR CONDITIONS. 5.6. YELLOWFIN WILL NOT BE LIABLE FOR DAMAGES ARISING FROM THIRD-PARTY SOFTWARE THAT OPERATES SEPARATELY, BUT IN CONJUNCTION WITH THE SOFTWARE, AS THIRD- PARTY SOFTWARE IS LICENSED TO YOU UNDER SEPARATE AGREEMENTS.

Appears in 1 contract

Samples: Professional Services

Limited Warranty and Disclaimer. a. Except with respect to an evaluation version of a) Provided that Licensee has paid the Productapplicable license fee, EaseFilter GMC warrants that, that for a period of thirty (30) 90 days from the date of delivery (as evidenced by a copy of your receipt): (i) when used with a recommended hardware configuration, from GMC the Product will perform in substantial conformance with Software substantially conforms to its published specifications and the documentation supplied with the Product; and (ii) the physical media on which the Product Software is furnished, if any, furnished will be free from of defects in materials and workmanship under normal use. b. EASEFILTER PROVIDES b) GMC AND ITS SUPPLIERS PROVIDE NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIEDIMPLIED FOR ANY SAMPLE APPLICATION CODE, FOR EVALUATION VERSIONS OF THE PRODUCT. THE EVALUATION ALPHA CODE OR TRIAL VERSION OF THE PRODUCT IS SOFTWARE. ANY TRIAL VERSION OR TEST VERSION (NON GA VERSION) OR SAMPLE APPLICATION CODE OF THE SOFTWARE ARE PROVIDED "AS IS". c. EASEFILTER AND c) EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY WITH RESPECT TO SOFTWARE OTHER THAN ANY SAMPLE APPLICATION CODE OR TRIAL VERSION GMC, ITS SUPPLIERS AND RESELLERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESSEXPRESSED, IMPLIED, IMPLIED OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EASEFILTER ALSO THERE IS NO WARRANTY OF NON- INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS AND TITLE OR QUIET ENJOYMENT. GMC DOES NOT WARRANT THAT THE PRODUCT SOFTWARE IS ERROR-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. d) IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO (90) DAYS FROM THE DATE OF DELIVERY OF THE SOFTWARE OR PRODUCT. e) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EASEFILTERGMC, ITS DEALERS, DISTRIBUTORS, AGENTS SUPPLIERS AND RESELLERS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. f) GMC’S SOFTWARE PRODUCTS MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS EXTERNAL TO GMC AND INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. NOTWITH- STANDING THE FOREGOING, GMC SHALL USE REASONABLE AND INDUSTRY BEST PRACTICES STANDARD TECHNICAL MEANS TO REDUCE AND LIMIT THE IMPACTS OF SUCH PROBLEMS. GMC IS NOT RESPONSIBLE FOR DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty and Disclaimer. a. Except FireEye warrants to Licensee (and only Licensee) that (i) with respect to an evaluation version of Software, the Product, EaseFilter warrants that, Software will perform substantially in accordance with its Documentation for a period of ninety (90) days from the date the Software is delivered to Licensee; and (ii) with respect to Offerings made available online as a subscription service (i.e., cloud Offerings), such Offerings will be performed in a professional manner consistent with industry standards for similar services during the applicable Term. If a defect in Software media should occur during the 90-day period referenced in (i) above, the media may be returned to FireEye and FireEye will replace the media without charge to Licensee. If Licensee believes that the warranty in (ii) above has been breached, then Licensee must notify FireEye of the breach within thirty (30) days from of the date the breach occurred, and FireEye will correct the breach at its expense. FireEye will have no obligation with respect to Offerings that fail to function or become defective through actions, events, or omissions outside of delivery (as evidenced by a copy of your receipt): (i) when used with a recommended hardware configurationFireEye’s control. FIREEYE AND ITS SUPPLIERS DO NOT WARRANT THAT THE OFFERINGS, the Product will perform in substantial conformance with the documentation supplied with the Product; and (ii) the physical media on which the Product is furnishedDOCUMENTATION, if anyOR CONTENT WILL MEET LICENSEE’S REQUIREMENTS OR THAT THE OFFERINGS, will be free from defects in materials and workmanship under normal use. b. EASEFILTER PROVIDES DOCUMENTATION, OR CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT FOR THE EXPRESS WARRANTIES STATED ABOVE, THE OFFERINGS, DOCUMENTATION, AND CONTENT ARE PROVIDED TO LICENSEE WITH NO REMEDIES OR WARRANTIESWARRANTY OF ANY KIND, 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 REPRESENTATIONSINCLUDING WITHOUT LIMITATION, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NONINFRINGEMENT. EASEFILTER THE REMEDIES DESCRIBED IN THIS SECTION 6 ARE THE EXCLUSIVE REMEDIES AVAILABLE TO LICENSEE AND ANY THIRD PARTIES, AND FIREEYE’S SOLE OBLIGATION, WITH RESPECT TO ANY OFFERINGS, DOCUMENTATION, OR CONTENT THAT DOES NOT WARRANT THAT COMPLY WITH 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 PURPOSESWARRANTIES STATED ABOVE. 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.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty and Disclaimer. a. Except with respect to an evaluation version of the Product, EaseFilter 7.1. Limited warranty: INTELLECT SELECT warrants that, for a period of thirty sixty (3060) days from the purchase date of delivery (as evidenced by a copy of your receipt): (i) when used with a recommended hardware configurationWarranty Period), the Product Software licensed under this Agreement will perform substantially in substantial conformance accordance with the documentation supplied Documentation (Limited Warranty). Company’s exclusive remedy and INTELLECT SELECT’s entire obligation and liability for any breach of the Limited Warranty is to repair or replace the Software or refund to Company the price Company paid for the Software if a repair or replacement of the Software would, in INTELLECT SELECT’s opinion, be unreasonable. The Limited Warranty is conditioned upon Company providing INTELLECT SELECT prompt written notice of the Software’s failure to perform substantially in accordance 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 useDocumentation. b. EASEFILTER PROVIDES 7.2. Exclusion of warranty: The Limited Warranty will not apply if: 7.2.1. the Software is not used in accordance with this Agreement or the Documentation; 7.2.2. the Software or any part of the Software has been modified by any entity other than INTELLECT SELECT; or 7.2.3. a malfunction in the Software has been caused by any equipment or software not supplied by INTELLECT SELECT. 7.3. Disclaimer of warranties: EXCEPT FOR THE LIMITED WARRANTY, THE SOFTWARE IS PROVIDED “AS IS”. TO THE EXTENT PERMITTED BY LAW, INTELLECT SELECT MAKES NO REMEDIES OTHER REPRESENTATIONS OR WARRANTIESWARRANTIES OF ANY KIND REGARDING THE SOFTWARE AND SUPPORT, WHETHER AND INTELLECT SELECT DISCLAIMS ALL OTHER OBLIGATIONS AND LIABILITIES, OR EXPRESS OR IMPLIED, FOR EVALUATION VERSIONS OF IMPLIED WARRANTIES REGARDING 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 OTHERWISESOFTWARE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR SYSTEMS INTEGRATION. EASEFILTER DOES NOT WARRANT INTELLECT SELECT MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE AS TO THE SOFTWARE’S USE OR PERFORMANCE, OR THAT THE PRODUCT IS ERROR-OPERATION OF THE SOFTWARE WILL BE FAIL- SAFE, UNINTERRUPTED OR FREE FROM ERRORS OR DEFECTS; OR THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTIONPROTECT AGAINST ALL POSSIBLE THREATS. 7.4. High Risk Systems terms: THE PRODUCT SOFTWARE MAY FAIL AND IS NOT DESIGNED, DEVELOPED, TESTED, OR INTENDED TO BE RELIABLE IN THE CONTEXT OF HIGH-RISK SYSTEMS. INTELLECT SELECT HAS NO RESPONSIBILITY FOR, AND COMPANY WILL INDEMNIFY AND HOLD HARMLESS INTELLECT SELECT FROM, ALL CLAIMS, SUITS, DEMANDS AND PROCEEDINGS ALLEGING, CLAIMING, SEEKING, OR LICENSED FOR ASSERTING ANY LIABILITY, LOSS, OBLIGATION, RISK, COST, DAMAGE, AWARD, PENALTY, SETTLEMENT, JUDGMENT, FINE OR EXPENSES (INCLUDING ATTORNEY FEES) ARISING FROM OR IN CONNECTION WITH COMPANY’S USE OF THE SOFTWARE ON OR IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLSA HIGH RISK SYSTEM, INCLUDING WITHOUT LIMITATIONTHOSE THAT COULD HAVE BEEN PREVENTED BY DEPLOYMENT OF FAIL- SAFE OR FAULT-TOLERANT FEATURES TO THE HIGH RISK SYSTEM, OR ARE BASED ON A CLAIM, ALLEGATION, OR ASSERTION THAT THE DESIGNFUNCTIONING OF HIGH RISK SYSTEM DEPENDS OR DEPENDED ON THE FUNCTIONING OF THE SOFTWARE, CONSTRUCTION, MAINTENANCE OR OPERATION THAT THE FAILURE 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 PURPOSESTHE SOFTWARE CAUSED A HIGH RISK SYSTEM TO FAIL. e. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EASEFILTER7.5. Third parties: The INTELLECT SELECT Products may contain independent third-party products and rely on them to perform certain functionality, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREINincluding malware definitions or URL filters and algorithms. INTELLECT SELECT makes no warranty as to the operation of any third-party products or the accuracy of any third-party information.

Appears in 1 contract

Samples: Corporate End User License Agreement

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