Limited Warranty and Disclaimers a. The Software provided by Quick Heal is “AS IS” and “AS AVAILABLE” without warranty of any kind, expressed or implied, including but not limited to the implied warranties of merchantability, fitness, usage, performance, satisfactory quality, integration, applicability for a particular use and any other warranties are disclaimed to the fullest extent permissible pursuant to the applicable law.
b. Quick Heal does not warrant, make any representations that Software will work uninterrupted, timely, secure or error-free or shall meet any or all your requirements whether disclosed to Quick Heal or any of its directors, agents, distributors and employees. The entire risks, faults as to performance of the Software, to achieve your intended results, the results obtained from the Software shall be assumed by You.
c. You understand and accept that the Software will substantially perform according to the specifications, descriptions stated in the User Manual, as updated from time to time, subject to the following and Quick Heal expressly disclaims any and all liabilities arising from the following circumstances:
(i) incompatibility caused by any software and/or hardware components installed on your Network/server where the Software will be/is installed.
(ii) Any actions initiated by You or by third parties which were beyond the reasonable control of Quick Heal.
(iii) Any failures, malfunctions, defects resulting from abuse, improper installation, theft, misuse, accident, operation or maintenance, acts of God, alteration, power failures, casualty, alterations, neglect, non-permitted modifications, acts of terrorism, vandalism and unauthorized repairs.
(iv) If the Software has been mishandled at your premises either purposefully and/or due to in-appropriate working conditions or due to your negligence and/or attempts have been made to re-install, repair modify etc. without the supervision of the Quick Heal. The Software should be used in the operating environment as mentioned in user guide, if found to be used in other non supportive environment the warranty will be void.
(v) the deficiencies, defects, in Your premises for operation and related infringements.
(vi) Your violations of the terms and conditions described in the User manual or in this Agreement.
Limited Warranty and Disclaimers. INTERMAP WARRANTS FOR SIXTY (60) DAYS AFTER THE DELIVERY OF THE PRODUCTS THAT THE DATA DELIVERED WILL BE OF THE AREA OF INTEREST ORDERED AND THE MEDIA USED TO CARRY THE DATA WILL BE FREE FROM PHYSICAL OR MATERIAL DEFECTS. INTERMAP’S SOLE LIABILITY UNDER THIS LIMITED WARRANTY SHALL BE TO REPLACE THE MEDIA IF IT (NOT THE SOFTWARE OR DATA ENCODED THEREON) IS DEFECTIVE AND YOU RETURN SUCH TO INTERMAP WITHIN SIXTY (60) DAYS OF DELIVERY. EXCEPT FOR THE LIMITED WARRANTY SPECIFIED HEREIN, THE PRODUCTS ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, AND ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. INTERMAP DOES NOT WARRANT THAT THE PRODUCTS WILL MEET YOUR NEEDS OR EXPECTATIONS OR THAT USE OF THE PRODUCTS WILL BE ERROR FREE OR UNINTERRUPTED. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY CLAIM OR LOSS INCURRED BY THE OTHER PARTY (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES), IRRESPECTIVE OF WHETHER SUCH PARTY HAS BEEN INFORMED, KNEW, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT OR WARRANTY OR TORT. IF THE LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT SHALL FOR ANY REASON BE HELD UNENFORCEABLE OR INAPPLICABLE, BOTH PARTIES AGREE THAT THE OTHER’S LIABILITY SHALL NOT EXCEED FIFTY PERCENT (50%) OF THE LICENSE FEES PAID BY CLIENT TO INTERMAP WITH RESPECT TO THE PRODUCTS AT ISSUE.
Limited Warranty and Disclaimers. Blue Planet represents and warrants that: (a) the Services will be performed in a professional and workmanlike manner by qualified personnel; and (b) the Software, will under normal Use, substantially conform to the Software release documentation for a period of thirty
Limited Warranty and Disclaimers a. Limited Warranty: MixMode warrants that for 30 days from the date of delivery, the Product will materially perform in accordance with its specifications, if any, and is free of any computer viruses, time bombs, or other malicious routines, which could intentionally cause damage to or corrupt data, storage media or equipment. MixMode does not warrant third party software, and MixMode represents that it has no material knowledge that such software does not function properly, contains any computer virus, or infringes any third-party intellectual property right.
b. Remedy for Breach of Warranty: Except as specifically stated herein, MixMode’s sole liability and the MixMode’s exclusive remedy for breach of the provisions of this section shall be, at MixMode’s option, either to repair or replace the Product that does not meet the MixMode warranty and which is returned to MixMode. Any replacement Product will be warranted for the remainder of the original warranty period or 30 days, whichever is longer.
c. Disclaimer: EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THIS SECTION 4, THE PRODUCT AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PRODUCT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. MIXMODE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PRODUCT AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PRODUCT, INCLUDING: (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. MIXMODE DOES NOT WARRANT THAT THE SOFTWARE OR ANY PORTION OF THE PRODUCT, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE PRODUCT, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND MIXMODE DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM MIXMODE OR ANY MATERIALS AND CONTENT AVAILABLE THROUGH THE PRODUCT WILL CREATE ANY WARRANTY REGARDING THE PRODUCT THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT. CUSTOMER UNDERSTANDS AND AGREES THAT CUSTOMER’S USE ANY PORTION OF THE PRODUCT IS AT CUSTOMER’S OWN DISCRETION AND RISK, AND THAT MIXMODE IS NOT RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER PROPERTY (INCLUDING CUSTOMER’S COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE PRODUCT) OR ANY LOSS OF DATA. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION 4 APPLY TO THE FULL...
Limited Warranty and Disclaimers. The software is provided “as is” without warranty of any kind. Hex-Rays SA expressly disclaims all implied warranties, included but not limited to the implied warranties of merchantability and fitness for a particular purpose. Hex-Rays SA does not guaran- tee the software or any accompanying materials in terms of their correctness, accuracy, reliability, or otherwise. The entire risk as to the results and performance of the software and written materials is assumed by you.
Limited Warranty and Disclaimers. Blue Planet represents and warrants that: the Software, will under normal Use, substantially conform to the Software Documentation for a period of thirty (30) days following the date the Software is made available to You (“Warranty Period”). Warranty claims must be made to Blue Planet
Limited Warranty and Disclaimers. Unless expressly stated otherwise in the Order, the rented Hardware will be covered by a Warranty Extension Service Pack so the provisions of Section 4 apply to the Hardware for the entire duration of the Rental term.
Limited Warranty and Disclaimers. A. Media Warranty As the only warranty under this Agreement, and in the case of accident, abuse or misapplication, Quick Heal warrants to the original Licensee only, that the disk(s) on which the software is recorded is free from defects in the materials and workmanship under normal use and service for a period of thirty (30) days from the date of payment as evidenced by a copy of the payment receipt. Quick Heal's only obligation under this Agreement is, at Quick Heal's option, to either (a) return payment as evidenced by a copy of the receipt or
Limited Warranty and Disclaimers. A. Media Warranty As the only warranty under this Agreement, and in the case of accident, abuse or misapplication, Quick Heal warrants to the original Licensee only, that the disk(s) on which the software is recorded is free from defects in the materials and workmanship under normal use and service for a period of thirty (30) days from the date of payment as evidenced by a copy of the payment receipt. Quick Heal's only obligation under this Agreement is, at Quick Heal's option, to either (a) return payment as evidenced by a copy of the receipt or (b) replace the disk that does not meet Quick Heal's limited warranty and which is returned to Quick Heal with the copy of the receipt. Note: This media warranty does not apply to customers who have downloaded the Quick Heal software online though Quick Heal or its partner websites.
Limited Warranty and Disclaimers. In addition to the disclaimers contained in the Agreement, the following shall apply:
