Common use of Limited Warranty and Disclaimer Clause in Contracts

Limited Warranty and Disclaimer. 9.1 THE SOFTWARE AND ANY RELATED SERVICES OR CONTENT ACCESSIBLE THROUGH OR IN CONNECTION WITH THE SOFTWARE ARE PROVIDED "AS IS", AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ON CENTER DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED REGARDING THE SOFTWARE, INCLUDING DOCUMENTATION AND RELATED MATERIALS, AND ANY SUCH SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, QUALITY OR SECURITY. ON CENTER DOES NOT WARRANT THAT THE SOFTWARE OR ANY RELATED SERVICES OR CONTENT IS FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS, NOR DOES ON CENTER WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE OR CONTENT THROUGH THE SOFTWARE. 9.2 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ON CENTER, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. 9.3 SOME JURISDICTIONS 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 JURISDICTION TO JURISDICTION.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

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Limited Warranty and Disclaimer. 9.1 THORIUM POWER WARRANTS TO ENEC THAT (A) THE SOFTWARE SERVICES WILL BE PERFORMED BY SUITABLY QUALIFIED AND EXPERIENCED PERSONNEL AS SPECIFIED IN THIS AGREEMENT TO RECOGNIZED NUCLEAR INDUSTRY STANDARDS AND WITH ALL REASONABLE SKILL AND CARE; (B) IN CONDUCTING THE SERVICES AND CREATING THE DELIVERABLES THORIUM POWER WILL NOT INFRINGE THE COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS OR MISAPPROPRIATE OR MISUSE THE CONFIDENTIAL INFORMATION OF ANY RELATED SERVICES THIRD PARTY. THORIUM POWER WARRANTS TO USE ITS BEST EFFORTS TO ENSURE THAT ANY RESULTS, DELIVERABLES OR CONTENT ACCESSIBLE THROUGH TECHNICAL DATA PROVIDED WILL BE ERROR FREE, CONFORM TO ANY RELIABILITY OR IN CONNECTION WITH PERFORMANCE STANDARDS AND WILL MEET ENEC’S NEEDS AND OBJECTIVES. THESE WARRANTIES ARE THE SOFTWARE ARE PROVIDED "AS IS", ONLY WARRANTIES GIVEN BY THORIUM POWER. THORIUM POWER HEREBY EXPRESSLY EXCLUDES AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ON CENTER DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS WHETHER EXPRESS, IMPLIED OR IMPLIED STATUTORY, REGARDING THE SOFTWARE, INCLUDING DOCUMENTATION AND RELATED MATERIALS, AND ANY SUCH SERVICES AND CONTENTOR THE DELIVERABLES, INCLUDING, WITHOUT LIMITATION, WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT ANY IMPLIED WARRANTY OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR OF FITNESS FOR ANY A PARTICULAR PURPOSE, QUALITY AND ANY WARRANTY OR SECURITY. ON CENTER DOES NOT WARRANT THAT THE SOFTWARE OR ANY RELATED SERVICES OR CONTENT IS FREE FROM BUGSGUARANTY OF ABSENCE OF HIDDEN DEFECTS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS, NOR DOES ON CENTER WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE OR CONTENT THROUGH THE SOFTWARE. 9.2 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ON CENTERWARRANTY OF NON-INFRINGEMENT, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF AND ANY WARRANTY PROVIDED HEREINTHAT MAY ARISE BY REASON OF USAGE OF TRADE, CUSTOM OR COURSE OF DEALING. The compensation for any rework shall be as stated in ATTACHMENT D– COMPENSATION. 9.3 SOME JURISDICTIONS 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 JURISDICTION TO JURISDICTION.

Appears in 1 contract

Samples: Consulting and Strategic Advisory Agreement (Thorium Power, LTD)

Limited Warranty and Disclaimer. 9.1 Company warrants to you for a period of thirty (30) days from your first use of the Software (the “Warranty Period”) that the Software will operate substantially pursuant to the Documentation for the Software. This warranty covers only problems reported to Company in writing during the Warranty Period, and which are capable of being observed or reproduced by Company. SOFTWARE OR ANY PART THEREOF WHICH HAS BEEN SUBJECT TO ABUSE, MISUSE, ACCIDENT, ALTERATION, MODIFICATION, NEGLECT, OR UNAUTHORIZED REPAIR OR INSTALLATION IS NOT COVERED BY THIS WARRANTY. ANY LIABILITY OF COMPANY UNDER THIS WARRANTY WILL BE LIMITED EXCLUSIVELY TO REPAIR OR REPLACEMENT OF THE SOFTWARE AND ANY RELATED SERVICES OR, IF REPAIR OR CONTENT ACCESSIBLE THROUGH OR IN CONNECTION WITH REPLACEMENT IS INADEQUATE AS A REMEDY OR, AT COMPANY'S DETERMINATION, IMPRACTICAL, TO PAY TO YOU THE AMOUNT PAID BY YOU TO COMPANY OR, AS APPLICABLE, TO AN AUTHORIZED RESELLER OF THE SOFTWARE ARE FOR THE USE OF SUCH SOFTWARE. EXCEPT FOR THE FOREGOING, ALL SOFTWARE IS PROVIDED "AS IS", AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ON CENTER DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED REGARDING THE SOFTWARE, ” WITHOUT WARRANTY OF ANY KIND INCLUDING DOCUMENTATION AND RELATED MATERIALS, AND ANY SUCH SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT ANY IMPLIED WARRANTY OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY A PARTICULAR PURPOSE, QUALITY TITLE, OR SECURITYNONINFRINGEMENT. ON CENTER FURTHER, COMPANY DOES NOT WARRANT RESULTS OF USE, THAT THE SOFTWARE IS BUG FREE OR THAT THE SOFTWARE WILL PROVIDE ANY PROTECTION AGAINST VIRUSES OR ANY RELATED SERVICES NETWORK INTRUSION OR CONTENT IS FREE FROM BUGS, VIRUSES, ERRORSSECURITY BREACH, OR OTHER PROGRAM LIMITATIONSTHAT THE USE OF SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. THE SOFTWARE AND/OR SERVICE ARE NOT FAULT TOLERANT AND ARE NOT DESIGNED, NOR DOES ON CENTER WARRANT ACCESS MANUFACTURED, OR INTENDED FOR USE IN LIFE-DEPENDENT OR HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE. TO THE INTERNET EXTENT LICENSEE USES THE SOFTWARE OR TO ANY OTHER SERVICE OR CONTENT THROUGH THE SOFTWAREIN SUCH ENVIRONMENT, IT EXPRESSLY ASSUMES ALL RISK THEREFOR. 9.2 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ON CENTER, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. 9.3 SOME JURISDICTIONS 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 JURISDICTION TO JURISDICTION.

Appears in 1 contract

Samples: End User Software License Agreement

Limited Warranty and Disclaimer. 9.1 Kaseya warrants to Licensee for a period of thirty (30) days from Licensee’s first use of the Software (the “Warranty Period”) that the Software will operate substantially pursuant to the Documentation for the Software. This warranty covers only problems reported to Kaseya in writing during the Warranty Period, and which are capable of being observed or reproduced by Xxxxxx. SOFTWARE OR ANY PART THEREOF WHICH HAS BEEN SUBJECT TO ABUSE, MISUSE, ACCIDENT, ALTERATION, MODIFICATION, NEGLECT, OR UNAUTHORIZED REPAIR OR INSTALLATION IS NOT COVERED BY THIS WARRANTY. ANY LIABILITY OF KASEYA UNDER THIS WARRANTY WILL BE LIMITED EXCLUSIVELY TO REPAIR OR REPLACEMENT OF THE SOFTWARE AND ANY RELATED SERVICES OR, IF REPAIR OR CONTENT ACCESSIBLE THROUGH OR IN CONNECTION WITH REPLACEMENT IS INADEQUATE AS A REMEDY OR, AT KASEYA’S DETERMINATION, IMPRACTICAL, TO REFUND OF THE LICENSE FEE PAID FOR SUCH SOFTWARE. EXCEPT FOR THE FOREGOING, ALL SOFTWARE ARE IS PROVIDED "AS IS", AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ON CENTER DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED REGARDING THE SOFTWARE, ” WITHOUT WARRANTY OF ANY KIND INCLUDING DOCUMENTATION AND RELATED MATERIALS, AND ANY SUCH SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT ANY IMPLIED WARRANTY OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY A PARTICULAR PURPOSE, QUALITY TITLE, OR SECURITYNONINFRINGEMENT. ON CENTER FURTHER, XXXXXX DOES NOT WARRANT RESULTS OF USE, THAT THE SOFTWARE IS BUG FREE OR THAT THE SOFTWARE WILL PROVIDE ANY PROTECTION AGAINST VIRUSES OR ANY RELATED SERVICES NETWORK INTRUSION OR CONTENT IS FREE FROM BUGS, VIRUSES, ERRORSSECURITY BREACH, OR OTHER PROGRAM LIMITATIONSTHAT THE USE OF SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. THE SOFTWARE AND/OR SERVICE ARE NOT FAULT TOLERANT AND ARE NOT DESIGNED, NOR DOES ON CENTER WARRANT ACCESS MANUFACTURED, OR INTENDED FOR USE IN LIFE-DEPENDENT OR HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATIONS SYSTEMS, AIR TRAFFIC CONTROL, 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. TO THE INTERNET EXTENT LICENSEE USES THE SOFTWARE OR TO ANY OTHER SERVICE OR CONTENT THROUGH THE SOFTWAREIN SUCH ENVIRONMENT, IT EXPRESSLY ASSUMES ALL RISK THEREFOR. 9.2 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ON CENTER, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. 9.3 SOME JURISDICTIONS 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 JURISDICTION TO JURISDICTION.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty and Disclaimer. 9.1 a) Provided that Licensee has paid the applicable License Fee, Neopost warrants for a period of 90 days from the date of delivery from Neopost, that the Software substantially conforms to its published specifications. b) NEOPOST AND ITS SUPPLIERS PROVIDE NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED FOR ANY SAMPLE APPLICATION CODE, ALPHA CODE OR TRIAL VERSION OF THE SOFTWARE AND SOFTWARE. ANY RELATED SERVICES TRIAL VERSION OR CONTENT ACCESSIBLE THROUGH TEST VERSION (NON GA RELEASES) OR IN CONNECTION WITH SAMPLE APPLICATION CODE OF THE SOFTWARE ARE PROVIDED "AS IS". c) EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY WITH RESPECT TO SOFTWARE OTHER THAN ANY SAMPLE APPLICATION CODE OR TRIAL VERSION NEOPOST, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ON CENTER DISCLAIMS DISCLAIM ALL OTHER REPRESENTATIONS WARRANTIES AND WARRANTIESREPRESENTATIONS, EXPRESS WHETHER EXPRESSED, IMPLIED OR IMPLIED REGARDING THE SOFTWAREOTHERWISE, INCLUDING DOCUMENTATION AND RELATED MATERIALSTHE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY SUCH SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, WARRANTIES, EXPRESS OR IMPLIED, AS TO WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND TITLE OR FITNESS FOR ANY PARTICULAR PURPOSE, QUALITY OR SECURITYQUIET ENJOYMENT. ON CENTER NEOPOST DOES NOT WARRANT THAT THE SOFTWARE IS DEFECT, BUG OR ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. d) IF APPLICABLE LAW REQUIRES ANY RELATED SERVICES OR CONTENT IS FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS, NOR DOES ON CENTER WARRANT ACCESS WARRANTIES WITH RESPECT TO THE INTERNET SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO (90) DAYS FROM THE DATE OF SHIPMENT OF THE SOFTWARE OR TO ANY OTHER SERVICE OR CONTENT THROUGH THE SOFTWAREPRODUCT. 9.2 e) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ON CENTERNEOPOST, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. 9.3 SOME JURISDICTIONS 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 JURISDICTION TO JURISDICTION.

Appears in 1 contract

Samples: End User License Agreement (Eula)

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Limited Warranty and Disclaimer. 9.1 Kaseya warrants to Licensee for a period of one hundred and eighty (180) days from Licensee’s first use of the Software (the “Warranty Period”) that the Software will operate substantially pursuant to the Documentation for the Software. This warranty covers only problems reported to Kaseya in writing during the Warranty Period, and which are capable of being observed or reproduced by Xxxxxx. SOFTWARE OR ANY PART THEREOF WHICH HAS BEEN SUBJECT TO ABUSE, MISUSE, ACCIDENT, ALTERATION, MODIFICATION, NEGLECT, OR UNAUTHORIZED REPAIR OR INSTALLATION IS NOT COVERED BY THIS WARRANTY. ANY LIABILITY OF KASEYA UNDER THIS WARRANTY WILL BE LIMITED EXCLUSIVELY TO REPAIR OR REPLACEMENT OF THE SOFTWARE AND ANY RELATED SERVICES OR, IF REPAIR OR CONTENT ACCESSIBLE THROUGH OR IN CONNECTION WITH REPLACEMENT IS INADEQUATE AS A REMEDY OR, AT KASEYA’S DETERMINATION, IMPRACTICAL, TO REFUND OF THE LICENSE FEE PAID FOR SUCH SOFTWARE. EXCEPT FOR THE FOREGOING, ALL SOFTWARE ARE IS PROVIDED "AS IS", AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ON CENTER DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED REGARDING THE SOFTWARE, ” WITHOUT WARRANTY OF ANY KIND INCLUDING DOCUMENTATION AND RELATED MATERIALS, AND ANY SUCH SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT ANY IMPLIED WARRANTY OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY A PARTICULAR PURPOSE, QUALITY TITLE, OR SECURITYNONINFRINGEMENT. ON CENTER FURTHER, XXXXXX DOES NOT WARRANT RESULTS OF USE, THAT THE SOFTWARE IS BUG FREE OR THAT THE SOFTWARE WILL PROVIDE ANY PROTECTION AGAINST VIRUSES OR ANY RELATED SERVICES NETWORK INTRUSION OR CONTENT IS FREE FROM BUGS, VIRUSES, ERRORSSECURITY BREACH, OR OTHER PROGRAM LIMITATIONSTHAT THE USE OF SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. THE SOFTWARE AND/OR SERVICE ARE NOT FAULT TOLERANT AND ARE NOT DESIGNED, NOR DOES ON CENTER WARRANT ACCESS MANUFACTURED, OR INTENDED FOR USE IN LIFE-DEPENDENT OR HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATIONS SYSTEMS, AIR TRAFFIC CONTROL, 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. TO THE INTERNET EXTENT LICENSEE USES THE SOFTWARE OR TO ANY OTHER SERVICE OR CONTENT THROUGH THE SOFTWAREIN SUCH ENVIRONMENT, IT EXPRESSLY ASSUMES ALL RISK THEREFOR. 9.2 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ON CENTER, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. 9.3 SOME JURISDICTIONS 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 JURISDICTION TO JURISDICTION.

Appears in 1 contract

Samples: End User Software License Agreement

Limited Warranty and Disclaimer. 9.1 9.1. Product may contain or show links to third-party websites or resources in relation to the Product. Kaspersky Lab provides these links for convenience only and is not responsible for the content, resources, or links to products or services that they provide. You accept sole responsibility and assume all risk when using third-party websites or resources. 9.2. Kaspersky Lab and/or Partners are not responsible for any delays in, failures of, and access denial to the Products which may be caused by Your Internet or mobile service provider. 9.3. EXCEPT FOR KASPERSKY LAB OBLIGATIONS STATED HEREBY THE SOFTWARE AND ANY RELATED SERVICES OR CONTENT ACCESSIBLE THROUGH OR IN CONNECTION WITH THE SOFTWARE ARE PRODUCT IS PROVIDED "AS IS"" AND KASPERSKY LAB MAKES NO REPRESENTATION AND GIVES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, AND CONDITION, REPRESENTATION OR TERM THE EXTENT TO THE MAXIMUM EXTENT PERMITTED WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. KASPERSKY LAB AND ITS PARTNERS MAKE NO WARRANTY, ON CENTER DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIESCONDITION, EXPRESS REPRESENTATION, OR IMPLIED REGARDING THE SOFTWARETERM (EXPRESSED OR IMPLIED, INCLUDING DOCUMENTATION AND RELATED MATERIALSWHETHER BY STATUTE, AND COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY SUCH SERVICES AND CONTENT, MATTER INCLUDING, WITHOUT LIMITATION, WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD THIRD-PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS APPLICABILITY FOR ANY A PARTICULAR PURPOSE. USER ASSUMES ALL RESPONSIBILITY, QUALITY OR SECURITYAND THE ENTIRE RISK AS TO PERFORMANCE AND RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE USER INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. ON CENTER DOES NOT WARRANT WITHOUT LIMITING THE FOREGOING PROVISIONS, XXXXXXXXX LAB MAKES NO REPRESENTATION AND GIVES NO WARRANTY THAT THE SOFTWARE PRODUCT WILL BE ERROR-FREE OR ANY RELATED SERVICES OR CONTENT IS FREE FROM BUGS, VIRUSES, ERRORS, INTERRUPTIONS OR OTHER PROGRAM LIMITATIONS, NOR DOES ON CENTER WARRANT ACCESS FAILURES OR THAT THE PRODUCT WILL MEET ANY OR ALL OF USER REQUIREMENTS WHETHER OR NOT DISCLOSED TO THE INTERNET OR TO ANY OTHER SERVICE OR CONTENT THROUGH THE SOFTWAREKASPERSKY LAB. 9.2 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ON CENTER, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. 9.3 SOME JURISDICTIONS 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 JURISDICTION TO JURISDICTION.

Appears in 1 contract

Samples: Kaspersky Endpoint Security Cloud Agreement

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