Common use of Limited Warranty and Disclaimer Clause in Contracts

Limited Warranty and Disclaimer. Except in the case of an Evaluation License, Azul warrants for a period of ninety (90) days from the beginning of the applicable Software Services Term that the Product will materially conform to Azul’s then current Documentation for such Product. This warranty covers only problems reported to Azul during the warranty period. ANY LIABILITY OF AZUL WITH RESPECT TO A PRODUCT OR THE PERFORMANCE THEREOF UNDER ANY WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR, IF REPLACEMENT IS INADEQUATE AS A REMEDY OR, IN AZUL’S OPINION, IMPRACTICAL, TO A REFUND OF AN APPROPRIATE PORTION THE REMAINING UNAMORTIZED SOFTWARE SERVICES FEE PAID BY CUSTOMER FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIM. EXCEPT FOR THE FOREGOING WARRANTY BY AZUL, ALL PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND FROM ANYONE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. FURTHER, AZUL DOES NOT WARRANT RESULTS OF USE OR THAT THE PRODUCTS ARE BUG FREE OR THAT THE PRODUCT’S USE WILL BE UNINTERRUPTED.

Limited Warranty and Disclaimer. Except in the case of an Evaluation License, Azul warrants for a period of ninety (90) days from the beginning of the applicable Software Services Term that the Product will materially conform to Azul’s then current Documentation user documentation for such Product. This warranty covers only problems reported to Azul during the warranty period. ANY LIABILITY OF AZUL WITH RESPECT TO A PRODUCT OR THE PERFORMANCE THEREOF UNDER ANY WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR, IF REPLACEMENT IS INADEQUATE AS A REMEDY OR, IN AZUL’S OPINION, IMPRACTICAL, TO A REFUND OF AN APPROPRIATE PORTION THE REMAINING UNAMORTIZED SOFTWARE SERVICES FEE PAID BY CUSTOMER FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIM. EXCEPT FOR THE FOREGOING WARRANTY BY AZUL, ALL PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND FROM ANYONE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. FURTHER, AZUL DOES NOT WARRANT RESULTS OF USE OR THAT THE PRODUCTS ARE BUG FREE OR THAT THE PRODUCT’S USE WILL BE UNINTERRUPTED.

Limited Warranty and Disclaimer. Except in the case of an Evaluation License, Azul warrants for a period of ninety (90) days from the beginning of the applicable Software Services Term License term that the Product Software will materially conform to Azul’s then current Documentation user documentation for such ProductSoftware. This warranty covers only problems reported to Azul during the warranty period. ANY LIABILITY OF AZUL WITH RESPECT TO A PRODUCT THE SOFTWARE OR THE PERFORMANCE THEREOF UNDER ANY WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY WILL BE LIMITED EXCLUSIVELY TO PRODUCT SOFTWARE REPLACEMENT OR, IF REPLACEMENT IS INADEQUATE AS A REMEDY OR, IN AZUL’S OPINION, IMPRACTICAL, TO A REFUND OF AN APPROPRIATE PORTION OF THE REMAINING UNAMORTIZED SOFTWARE SERVICES FEE FEES PAID BY CUSTOMER YOU FOR THE PRODUCT SOFTWARE THAT IS THE SUBJECT OF THE CLAIM. EXCEPT FOR THE FOREGOING WARRANTY BY AZUL, ALL PRODUCTS ARE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND FROM ANYONE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. FURTHER, AZUL DOES NOT WARRANT RESULTS OF USE OR THAT THE PRODUCTS ARE BUG FREE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE PRODUCT’S USE OPERATION OF THE SOFTWARE WILL BE ENTIRELY ERROR FREE OR UNINTERRUPTED, APPEAR OR PERFORM PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION, OR COMPLY WITH REGULATORY REQUIREMENTS.

Limited Warranty and Disclaimer. Except in the case of an Evaluation License, Azul 1. Vendor warrants for a period of ninety twelve (9012) days months from delivery of Software to Licensee that such Software, as delivered, will be free from defects in the beginning of the applicable Software Services Term that the Product media and will materially substantially conform to Azul’s then current Documentation for such Productthe specifications in the Documentation. This warranty covers only problems In the event of non conformance of Software, Licensee shall promptly notify Vendor and provide Vendor with all available information in written or electronic form so that Vendor can reproduce the defect. Vendor's sole obligation is to undertake reasonable commercial efforts to correct the defects reported to Azul Vendor in writing or in electronic form during the warranty period. ANY VENDOR'S SOLE LIABILITY OF AZUL AND LICENSEE'S EXCLUSIVE REMEDY WITH RESPECT TO A PRODUCT OR BREACH OF THE PERFORMANCE THEREOF UNDER ANY WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOREGOING LIMITED WARRANTY WILL BE LIMITED EXCLUSIVELY TO ERROR CORRECTION OR PRODUCT REPLACEMENT ORREPLACEMENT, OR IF REPLACEMENT NEITHER IS INADEQUATE AS A REMEDY ORIN VENDOR'S OPINION COMMERCIALLY FEASIBLE, IN AZUL’S OPINION, IMPRACTICAL, TO A REFUND OF AN APPROPRIATE PORTION THE REMAINING UNAMORTIZED SOFTWARE SERVICES LICENSE FEE PAID RECEIVED BY CUSTOMER THE VENDOR FROM LICENSEE FOR THE PRODUCT SOFTWARE THAT IS DOES NOT CONFORM WITH THE SUBJECT FOREGOING WARRANTY LESS A REASONABLE REDUCTION FOR THE TIME OF THE CLAIMACTUAL USE OF SOFTWARE BY LICENSEE. 2. EXCEPT FOR THE FOREGOING WARRANTY ABOVE EXPRESS LIMITED WARRANTY, THE DELIVERABLES ARE LICENSED "AS IS," AND VENDOR SPECIFICALLY DISCLAIMS, TO THE GREATEST EXTENT PERMITTED BY AZULAPPLICABLE LAW, ALL PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OTHER WARRANTIES EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE DELIVERABLES. VENDOR SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND FROM ANYONEMERCHANTABILITY, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR NONINFRINGEMENT. FURTHER, AZUL DOES NOT WARRANT RESULTS ARISING FROM A COURSE OF USE DEALING OR THAT THE PRODUCTS ARE BUG FREE OR THAT THE PRODUCT’S USE WILL BE UNINTERRUPTEDUSAGE OF TRADE.

Limited Warranty and Disclaimer. Except in the case of an Evaluation Licenseevaluation license, Azul Cycuity warrants for a period of ninety thirty (9030) days from the beginning delivery of the applicable Software Services Term a Product that the such Product will materially conform to AzulCycuity’s then current Documentation user documentation for such Product. This warranty covers only problems reported to Azul Cycuity during the warranty period. ANY LIABILITY OF AZUL CYCUITY WITH RESPECT TO A ANY PRODUCT OR THE PERFORMANCE THEREOF UNDER ANY WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR, IF REPLACEMENT IS INADEQUATE AS A REMEDY OR, IN AZULCYCUITY’S OPINION, IMPRACTICAL, TO A REFUND OF AN APPROPRIATE PORTION OF THE THEN-REMAINING UNAMORTIZED SOFTWARE SERVICES LICENSE FEE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIMLICENSEE. EXCEPT FOR THE FOREGOING WARRANTY BY AZULCYCUITY, ALL PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND FROM ANYONE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. FURTHER, AZUL CYCUITY DOES NOT WARRANT RESULTS OF USE OR THAT THE PRODUCTS ARE BUG FREE OR THAT THE PRODUCT’S USE WILL BE UNINTERRUPTED.

Limited Warranty and Disclaimer. Except in the case of an Evaluation License, Azul Company warrants to Licensee for a period of ninety thirty (9030) days from the beginning Licensee’s first acquisition of the applicable Software Services Term that such Software will operate substantially pursuant to the Product will materially conform to Azul’s then current Documentation for such ProductSoftware. This warranty covers only problems reported to Azul Company during the warranty period. SOFTWARE OR ANY PART THEREOF WHICH HAS BEEN SUBJECT TO ABUSE, MISUSE, ACCIDENT, ALTERATION, MODIFICATION, NEGLECT, UNAUTHORIZED REPAIR OR UNAUTHORIZED INSTALLATION IS NOT COVERED BY WARRANTY. ANY LIABILITY OF AZUL COMPANY WITH RESPECT TO A PRODUCT SOFTWARE OR THE PERFORMANCE THEREOF UNDER ANY WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPAIR OR REPLACEMENT OF THE SOFTWARE OR, IF REPAIR OR REPLACEMENT IS ARE INADEQUATE AS A REMEDY OR, IN AZULCOMPANY’S OPINION, IMPRACTICAL, TO A REFUND OF AN APPROPRIATE PORTION THE REMAINING UNAMORTIZED SOFTWARE SERVICES LICENSE FEE PAID BY CUSTOMER FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIMSUCH SOFTWARE. EXCEPT FOR THE FOREGOING WARRANTY BY AZULFOREGOING, ALL PRODUCTS ARE SOFTWARE IS PROVIDED “"AS IS” " WITHOUT WARRANTY OF ANY KIND FROM ANYONE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE OR NONINFRINGEMENT. FURTHER, AZUL COMPANY DOES NOT WARRANT RESULTS OF USE OR USE, THAT THE PRODUCTS ARE SOFTWARE IS BUG FREE OR THAT THE PRODUCTSOFTWARE WILL PROVIDE ANY PROTECTION AGAINST VIRUSES OR ANY NETWORK INTRUSION OR SECURITY BREACH, OR THAT ITS USE OR THE USE OF LICENSEE’S USE LOCAL NETWORK WILL BE UNINTERRUPTED.

Limited Warranty and Disclaimer. Except in the case of an Evaluation Licenseevaluation license, Azul Tortuga warrants for a period of ninety thirty (9030) days from the beginning delivery of the applicable Software Services Term a Product that the such Product will materially conform to AzulTortuga’s then current Documentation user documentation for such Product. This warranty covers only problems reported to Azul Tortuga during the warranty period. ANY LIABILITY OF AZUL TORTUGA WITH RESPECT TO A ANY PRODUCT OR THE PERFORMANCE THEREOF UNDER ANY WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR, IF REPLACEMENT IS INADEQUATE AS A REMEDY OR, IN AZULTORTUGA’S OPINION, IMPRACTICAL, TO A REFUND OF AN APPROPRIATE PORTION OF THE THEN- REMAINING UNAMORTIZED SOFTWARE SERVICES LICENSE FEE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIMLICENSEE. EXCEPT FOR THE FOREGOING WARRANTY BY AZULTORTUGA, ALL PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND FROM ANYONE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. FURTHER, AZUL TORTUGA DOES NOT WARRANT RESULTS OF USE OR THAT THE PRODUCTS ARE BUG FREE OR THAT THE PRODUCT’S USE WILL BE UNINTERRUPTED.

Limited Warranty and Disclaimer. Except in the case of an Evaluation License, Azul warrants for a period of ninety (90) days (“Warranty Period”) from the beginning of the applicable Software Services Term that the Product will materially conform to Azul’s then current Documentation for such Product. This warranty covers only problems reported to Azul during the warranty period. ANY LIABILITY OF AZUL WITH RESPECT TO A PRODUCT OR THE PERFORMANCE THEREOF UNDER ANY WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR, IF REPLACEMENT IS INADEQUATE AS A REMEDY OR, IN AZUL’S OPINION, IMPRACTICAL, TO A REFUND OF AN APPROPRIATE PORTION THE REMAINING UNAMORTIZED SOFTWARE SERVICES FEE PAID BY CUSTOMER FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIM. EXCEPT FOR THE FOREGOING WARRANTY BY AZUL, ALL PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND FROM ANYONE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. FURTHER, AZUL DOES NOT WARRANT RESULTS OF USE OR THAT THE PRODUCTS ARE BUG FREE OR THAT THE PRODUCT’S USE WILL BE UNINTERRUPTED.

Limited Warranty and Disclaimer. Except in the case of an Evaluation License, Azul Saaswedo warrants for a period of ninety thirty (9030) days from the beginning delivery of the applicable Software Services Term Service that the Product Service will materially conform to Azul’s Saaswedo's then current Documentation user documentation for such Productthe Service. This warranty covers only problems reported to Azul Saaswedo during the warranty period. ANY LIABILITY OF AZUL SAASWEDO WITH RESPECT TO A PRODUCT SERVICE OR THE PERFORMANCE THEREOF UNDER ANY WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY WILL BE LIMITED EXCLUSIVELY TO PRODUCT SERVICE REPLACEMENT OR, IF REPLACEMENT IS INADEQUATE AS A REMEDY OR, IN AZUL’S SAASWEDO'S OPINION, IMPRACTICAL, TO A REFUND OF AN APPROPRIATE PORTION THE REMAINING UNAMORTIZED SOFTWARE SERVICES LICENSE FEE PAID BY CUSTOMER FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIMLICENSEE. EXCEPT FOR THE FOREGOING WARRANTY BY AZULSAASWEDO, ALL PRODUCTS ARE THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND FROM ANYONE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. FURTHER, AZUL SAASWEDO DOES NOT WARRANT RESULTS OF USE OR THAT THE PRODUCTS SERVICE ARE BUG FREE OR THAT THE PRODUCT’S SERVICE'S USE WILL BE UNINTERRUPTED.

Limited Warranty and Disclaimer. Except in the case of an Evaluation License, Azul warrants for a period of ninety (90) days from the beginning of the applicable Software Services Term that the Product will materially conform to Azul’s 's then current Documentation user documentation for such Product. This warranty covers only problems reported to Azul during the warranty period. ANY LIABILITY OF AZUL WITH RESPECT TO A PRODUCT OR THE PERFORMANCE THEREOF UNDER ANY WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR, IF REPLACEMENT IS INADEQUATE AS A REMEDY OR, IN AZUL’S 'S OPINION, IMPRACTICAL, TO A REFUND OF AN APPROPRIATE PORTION THE REMAINING UNAMORTIZED SOFTWARE SERVICES FEE PAID BY CUSTOMER FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIM. EXCEPT FOR THE FOREGOING WARRANTY BY AZUL, ALL PRODUCTS ARE PROVIDED “"AS IS” " WITHOUT WARRANTY OF ANY KIND FROM ANYONE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. FURTHER, AZUL DOES NOT WARRANT RESULTS OF USE OR THAT THE PRODUCTS ARE BUG FREE OR THAT THE PRODUCT’S 'S USE WILL BE UNINTERRUPTED.

Limited Warranty and Disclaimer. Except in the case of an Evaluation License, Azul Entegrata warrants to Subscriber for a period of ninety (90) days from the beginning Subscriber’s first use of the applicable Software Subscription Services Term (the “Warranty Period”) that the Product Software will materially conform to Azul’s then current operate substantially as described in the Documentation for such Productthe Software when installed, operated, and used as recommended in the Documentation and in accordance with this Agreement. This warranty covers only problems breaches reported to Azul Entegrata in writing during the warranty periodWarranty Period, and which are capable of being observed or reproduced by Entegrata. SOFTWARE OR ANY PART THEREOF WHICH HAS BEEN SUBJECT TO ALTERATION, MODIFICATION, INSTALLATION NOT AUTHORIZED BY ENTEGRATA IS NOT COVERED BY THIS WARRANTY. ANY LIABILITY OF AZUL WITH RESPECT TO A PRODUCT OR THE PERFORMANCE THEREOF ENTEGRATA UNDER ANY WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY THIS WARRANTY WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPAIR OR REPLACEMENT OF THE SOFTWARE OR, IF REPAIR OR REPLACEMENT IS INADEQUATE AS A REMEDY OR, IN AZULAT ENTEGRATA’S OPINIONDETERMINATION, IMPRACTICAL, TO A REFUND OF AN APPROPRIATE PORTION THE REMAINING UNAMORTIZED SOFTWARE SERVICES FEE PAID BY CUSTOMER FOR SUCH SOFTWARE FOR THE PRODUCT THAT IS THE SUBJECT PERIOD OF THE CLAIMDEFICIENT OPERATION. EXCEPT FOR THE FOREGOING WARRANTY BY AZULFOREGOING, ALL PRODUCTS SUBSCRIPTION SERVICES AND THE SOFTWARE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND FROM ANYONE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, OR NONINFRINGEMENT. FURTHER, AZUL ENTEGRATA DOES NOT WARRANT RESULTS OF USE USE, THAT THE SUBSCRIPTION SERVICES AND SOFTWARE WILL BE BUG FREE OR WILL PROVIDE ANY PROTECTION AGAINST VIRUSES OR ANY NETWORK INTRUSION OR SECURITY BREACH, OR THAT THE PRODUCTS ARE BUG FREE USE OF SUBSCRIPTION SERVICES OR THAT THE PRODUCT’S USE SOFTWARE WILL BE UNINTERRUPTEDUNINTERRUPTED OR ERROR FREE.