Common use of Limited Warranty and Disclaimers Clause in Contracts

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.

Appears in 10 contracts

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

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Limited Warranty and Disclaimers. a. The Software Media Warranty As the only warranty under this Agreement, and in the case of accident, abuse or misapplication, Seqrite 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. Seqrite's only obligation under this Agreement is, at Seqrite's option, to either (a) return payment as evidenced by a copy of the receipt or (b) replace the disk that does not meet Seqrite's limited warranty and which is returned to Seqrite with the copy of the receipt. Note: This media warranty does not apply to customers who have downloaded the Seqrite software online though Seqrite or its partner websites. Performance Warranty This software provided by Quick Heal Seqrite 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 . Seqrite warrants that the Licensed Software, as delivered by Seqrite will conform to the descriptions in the user manual. However, Seqrite does not warrant, make offer 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 warranty regarding the performance of software and shall not entertain any claim regarding the Softwaresame. SEQRITE MAKES NO WARRANTIES OR CLAIMS THAT THE LICENSED SOFTWARE, to achieve your intended resultsOR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT THE USE OF THE LICENSED SOFTWARE, the results obtained from the Software shall be assumed by You. c. OPERATION, CONTENT UPDATES, AND UPGRADES WILL BE ERROR-FREE OR UNINTERRUPTED. You understand and accept that the Software this software will substantially perform according to the specifications, specifications and descriptions as stated in the User Manualuser manual, as updated from time to time, subject to the following and Quick Heal Seqrite 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.

Appears in 4 contracts

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

Limited Warranty and Disclaimers. a. The Software software and Quick Heal RDM service 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. A. Quick Heal does not warrant, make any representations that Software the software and Quick Heal RDM service 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 Softwaresoftware, the responsibility for selecting the software and Quick Heal RDM service to achieve your intended results, the results obtained from the Software and Quick Heal RDM service shall be assumed by You. c. B. You understand and accept that the Software and Quick Heal RDM service 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) i. incompatibility caused by any software and/or hardware components installed on your Network/server where the Software will be/is installed.Mobile Device; (ii) Any . any actions initiated by You or by third parties which were beyond the reasonable control of Quick Heal.; (iii) Any . any failures, malfunctions, defects resulting from abuse, improper installation, theft, misuse, accident, operation or maintenance, acts of God, alteration, power failures, casualty, repairs made by any other party than Quick Heal, alterations, neglect, non-permitted modifications, acts of terrorism, vandalism and unauthorized repairs.vandalism; (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, defects in Your premises for operation Mobile Device and related infringements.; (vi) v. Your violations of the terms and conditions described in the User manual or in this Agreement.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

Limited Warranty and Disclaimers. a. The Software Terminator 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 Terminator 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 SoftwareTerminator, to achieve your intended results, the results obtained from the Software Terminator shall be assumed by You. c. You understand and accept that the Software Terminator 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 Terminator 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.repairs ,; (iv) If the Software Terminator has been mishandled at your premises either purposefully and/or due to in-appropriate working conditions or due to your negligence and/or attempts and/or (v) 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. d. Notwithstanding any other terms of this Agreement, the maximum liability of Quick Heal for any claims under this Agreement shall in no event exceed the amounts payable by You towards the purchase of Quick Heal Terminator. Claim would vary depending upon the assessment done by Quick Heal and would be subject to above.

Appears in 2 contracts

Samples: Unified Threat Management Agreement, Unified Threat Management Agreement

Limited Warranty and Disclaimers. a. The Software 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. Performance Warranty This 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 warrants that the Licensed Software, as delivered by Quick Heal will conform to the descriptions in the user manual. However, Quick Heal does not warrant, make offer 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 warranty regarding the performance of software and shall not entertain any claim regarding the Softwaresame. QUICK HEAL MAKES NO WARRANTIES OR CLAIMS THAT THE LICENSED A. SOFTWARE, to achieve your intended resultsOR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT THE USE OF THE LICENSED SOFTWARE, the results obtained from the Software shall be assumed by You. c. OPERATION, CONTENT UPDATES, AND UPGRADES WILL BE ERROR-FREE OR UNINTERRUPTED. You understand and accept that the Software this software will substantially perform according to the specifications, specifications and descriptions as stated in the User Manualuser 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.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

Limited Warranty and Disclaimers. a. a) The Software software and Quick Heal RDM service 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. b) Quick Heal does not warrant, make any representations that Software the software and Quick Heal RDM service 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 Softwaresoftware and Quick Heal RDM service, the responsibility for selecting the software to achieve your intended results, the results obtained from the Software and Quick Heal RDM services shall be assumed by You. c. c) You understand and accept that the Software and Quick Heal RDM service 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.Mobile Device; (ii) Any any actions initiated by You or by third parties which were beyond the reasonable control of Quick Heal.; (iii) Any any failures, malfunctions, defects resulting from abuse, improper installation, theft, misuse, accident, operation or maintenance, acts of God, alteration, power failures, casualty, repairs made by any other party than Quick Heal, alterations, neglect, non-non- permitted modifications, acts of terrorism, vandalism and unauthorized repairs.vandalism; (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-installdeficiencies, repair modify etc. without the supervision of the Quick Heal. The Software should be used defects in the operating environment as mentioned in user guide, if found to be used in other non supportive environment the warranty will be void.Your Mobile Device and related infringements; (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.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty and Disclaimers. a. 1) The Software and Device tracker web portal provided by Quick Heal is “AS 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 2) MMS does not warrant, make any representations that the Software and MMS web portal will work uninterrupted, timely, secure or error-secure, error free or shall meet any or all of your requirements whether disclosed to Quick Heal MMS or any of its directors, agents, distributors and or employees. The entire risks, faults as to performance of the Softwaresoftware and device tracker web portal, the responsibility for selecting the software and device tracker portal to achieve your intended results, the results obtained from the Software and web portal shall be assumed by Youyou. c. 3) You understand and accept that the Software will and device tracker web portal wil substantially perform according to the specifications, descriptions description stated in the User Manualuser manual, as updated from time to time, subject to the following and Quick Heal MMS expressly disclaims any and or all liabilities arising from the following circumstances: (ia) incompatibility Incompatibility caused by any software and/or hardware components installed on your Network/server where the Software will be/is installed.device; (iib) Any actions initiated by You you or by third parties which were beyond the reasonable control of Quick Heal.MMS; (iiic) Any failures, malfunctions, defects resulting from abuse, improper installation, theft, misuse, accident, operation or maintenance, acts of God, alteration, power failures, casualty, repairs made by any party other than MMS, alterations, neglect, non-permitted modifications, acts of terrorism, vandalism and unauthorized repairs.vandalism; (ivd) 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, defects in Your premises for operation your device and related infringements.; (vie) Your violations of the terms and conditions described in the User user manual or in this Agreement. f) Inability of MMS support service to provide uninterrupted support, in a timely manner, or inability to meet any or all of your support requirements.

Appears in 1 contract

Samples: End User License Agreement

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Limited Warranty and Disclaimers. a. A. The Software software and Quick Heal RDM service 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. B. Quick Heal does not warrant, make any representations that Software the software and Quick Heal RDM service 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 Softwaresoftware, the responsibility for selecting the software and Quick Heal RDM service to achieve your intended results, the results obtained from the Software and Quick Heal RDM service shall be assumed by You. c. C. You understand and accept that the Software and Quick Heal RDM service 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) i. incompatibility caused by any software and/or hardware components installed on your Network/server where the Software will be/is installed.Mobile Device; (ii) Any . any actions initiated by You or by third parties which were beyond the reasonable control of Quick Heal.; (iii) Any . any failures, malfunctions, defects resulting from abuse, improper installation, theft, misuse, accident, operation or maintenance, acts of God, alteration, power failures, casualty, repairs made by any other party than Quick Heal, alterations, neglect, non-non- permitted modifications, acts of terrorism, vandalism and unauthorized repairs.vandalism; (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, defects in Your premises for operation Mobile Device and related infringements.; (vi) v. Your violations of the terms and conditions described in the User manual or in this Agreement.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty and Disclaimers. a. a) The Software software and Quick Heal RDM service 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. b) Quick Heal does not warrant, make any representations that Software the software and Quick Heal RDM service 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 Softwaresoftware, the responsibility for selecting the software and Quick Heal RDM service to achieve your intended results, the results obtained from the Software and Quick Heal RDM service shall be assumed by You. c. c) You understand and accept that the Software and Quick Heal RDM service 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.Mobile Device; (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, repairs made by any other party than Quick Heal, alterations, neglect, non-non- permitted modifications, acts of terrorism, vandalism and unauthorized repairs.vandalism; (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-installThe deficiencies, repair modify etc. without the supervision of the Quick Heal. The Software should be used defects in the operating environment as mentioned in user guide, if found to be used in other non supportive environment the warranty will be void.Your Mobile Device and related infringements; (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.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty and Disclaimers. a. The (a) DyKnow warrants that, during the one hundred and eighty (180) day period (the "Warranty Period") that commences on the date that DyKnow Enabled Use of the Software provided by Quick Heal is “AS IS” and “AS AVAILABLE” without warranty of any kind(whether for an initial license, expressed an upgrade or implieda maintenance release under a service plan), including but not limited to the implied warranties of merchantabilityProgram, fitnesswhen properly Used, usage, performance, satisfactory quality, integration, applicability for a particular use and any other warranties are disclaimed to shall perform substantially in accordance with the fullest extent permissible pursuant to the applicable law. b. Quick Heal Documentation. DyKnow does not warrant, make any representations warrant or represent that Software Your Use of the Program will work uninterrupted, timely, secure be uninterrupted or error-free or free. If You report to DyKnow in writing within the Warranty Period any non-conformity between the Documentation and the Program, and if DyKnow is able to replicate and verify that such non-conformity exists, DyKnow shall meet any or exercise commercially reasonable efforts to correct such non-conformity and, if successful, shall supply You with such correction at no additional cost to You. If such efforts are unsuccessful and the non-conformity is material: (1) except for Support Services, You may terminate this Agreement, discontinue Use of, and return all your requirements whether disclosed to Quick Heal or any of its directors, agents, distributors and employees. The entire risks, faults as to performance copies You have of the Software, to achieve your intended resultsand DyKnow will ensure that You receive a refund of the unused portion of the license or subscription fee You paid and credit for any fees You owe for the Software; and (2) For Support Services, You may terminate Your service plan, discontinue Use of, and return all copies You have of the Support Services, and DyKnow will ensure that You receive a refund of, or credit for, the results obtained from unused portion of the Software shall be assumed by You. c. service fee You understand and accept that incurred for 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 purchase of Your most recent service plan. The foregoing states Your SOLE AND EXCLUSIVE REMEDY for 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 installedbreach of this warranty. (iib) Any actions initiated With respect to any media by which You or by third parties which were beyond may have received Your installation copy of the reasonable control Program, DyKnow warrants that the media is free from defects in materials and workmanship under normal use for the Warranty Period. YOUR SOLE AND EXCLUSIVE REMEDY under this warranty is limited to replacement of Quick Healdefective media. (iiic) Any failuresOTHER THAN THE EXPRESS, malfunctionsLIMITED WARRANTIES STATED ABOVE IN THIS SECTION, defects resulting from abuseDYKNOW AND ITS SUPPLIERS PROVIDE THE SOFTWARE AND SERVICES AS-IS, improper installationWITHOUT WARRANTY OF ANY KIND, theftAND HEREBY EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL OTHER REPRESENTATIONS, misuseWARRANTIES, accidentCONDITIONS AND GUARANTEES OF ANY KIND OR NATURE WHATSOEVER, operation or maintenanceEXPRESS, acts of GodIMPLIED AND STATUTORY, alterationINCLUDING BUT NOT LIMITED TO, power failuresANY WARRANTIES, casualtyCONDITIONS OR GUARANTEES OF MERCHANTABILITY, alterationsFITNESS FOR A PARTICULAR PURPOSE, neglectTITLE, nonNON-permitted modificationsINFRINGEMENT OF PROPRIETARY OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, acts of terrorismAND ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE. YOU UNDERSTAND AND AGREE THAT: (1) THE UTILITY OF A PROGRAM DECREASES AS TECHNOLOGY EVOLVES AND THE BUSINESS ENVIRONMENT CHANGES, vandalism and unauthorized repairs(2) YOU ARE FREE TO DECIDE, AND ARE RESPONSIBLE FOR DECIDING, WHEN TO UPGRADE YOUR SOFTWARE, AND (3) DYKNOW DISCLAIMS ANY RESPONSIBILITY TO DELIVER LATER-RELEASED SOFTWARE OR OTHERWISE RENDER ANY CUSTOMER SUPPORT SERVICES EXCEPT AS MAY BE AGREED AND PURCHASED UNDER A SEPARATE PURCHASE QUOTATION EXECUTED BY YOU. (ivd) If the Other Limitations. DyKnow will have no responsibility under these limited warranties for any Software or media that has been mishandled at your premises either purposefully and/or due modified, lost, stolen or damaged by accident, abuse or misapplication. No employee, agent or representative of DyKnow, nor any reseller (including Your Distributor) or any other third party, is authorized to in-appropriate working conditions or due make any warranty with respect to your negligence and/or attempts have been made to re-installthe Software, 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 except those expressly stated in this Agreement, and You may not rely on any such unauthorized warranty. You acknowledge and agree that You have chosen Your Distributor, and that such Distributor is an independent party and not an agent of DyKnow.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty and Disclaimers. a. The Software (a) Laser Thermal warrants to Customer for a period of twelve (12) months from the date of shipment of a Product to Customer (the “Standard Warranty Period”) that Customer will not be prevented from taking data with the Product due to a malfunction in the Product. Laser Thermal’s warranties are conditioned upon: (i) Customer’s compliance with these Terms and Conditions; (ii) installation, maintenance and normal use in conformity with specifications, the Authorized Use and adherence to other instructions furnished by Laser Thermal, (iii) no use of the Products in a manner or purpose for which it was not designed or intended by Laser Thermal; (iv) no labels or tamper mechanism having been removed; and (v) the Products not having been subjected to misuse, neglect or accident, or to alteration, improper installation, repair, improper testing, corrosion, ordinary wear and tear or use with items not supplied by Laser Thermal in any respect which, in the judgment of Laser Thermal, adversely affects the condition or operation of the Products. Laser Thermal’s sole responsibility is to repair or replace, at its option, any part of the Product(s) that does not conform to this warranty during this warranty period. Repaired or replaced Products are subject to the applicable warranty for the longer of the period remaining (if any) in the warranty period of the original Product or thirty (30) days from Customer’s receipt of such replaced Products. All warranty returns must be authorized in writing and provided a return material authorization number in advance by Quick Heal Laser Thermal. Return shipping, handling, and insurance costs are the responsibility of Customer and are non-refundable. This warranty does not include routine maintenance or service procedures, shipping damage, nor damage from natural disasters or acts of God. (b) Customer’s sole and exclusive remedy for any breach of the warranty in Section 18(a) is repair or replacement of the non-conforming Product or refund of the actual purchase price, at the sole option of Laser Thermal, provided that (i) all warranty claims must be made in a written statement that includes a detailed explanation of any alleged deficiencies and is received by Laser Thermal within ten (10) days of the date the defect was discovered (the “Notification Period”), (ii) Laser Thermal’s examination establishes that the Product does not conform to the warranty, and (iii) Customer provides Laser Thermal, as requested by Laser Thermal in Laser Thermal’s sole discretion, with access to the installed Product and/or a (c) EXCEPT AS SET FORTH ABOVE, THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” and “AS AVAILABLE” without warranty of any kindBASIS AND LASER THERMAL EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND LIABILITY WHATSOEVER, expressed or impliedWHETHER EXPRESS OR IMPLIED, including but not limited to the implied warranties of merchantabilityINCLUDING, fitnessWITHOUT LIMITATION, usageWARRANTIES OF MERCHANTABILITY, performanceQUIET ENJOYMENT, satisfactory qualityNON- INFRINGEMENT, integrationAND FITNESS FOR A PARTICULAR PURPOSE. LASER THERMAL DOES NOT WARRANT THAT THE PRODUCTS OR SOFTWARE FURNISHED TO CUSTOMER HEREUNDER WILL MEET CUSTOMER’S REQUIREMENTS, 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 warrantTHAT THE OPERATION OF THE PRODUCTS OR SOFTWARE, make any representations that Software will work uninterrupted, timely, secure or errorINCLUDING ANY MAINTENANCE OR MAJOR RELEASES THERETO WILL BE UNINTERRUPTED 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 installedFREE OR THAT ALL ERRORS WILL BE CORRECTED. (iid) Any actions initiated by You or by third parties which were beyond In the reasonable control of Quick Heal. (iii) Any failuresevent that Customer purchases an extended warranty for a Product, 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 warranty set forth above in this Section 18 for such Product shall continue to in-appropriate working conditions or due to your negligence and/or attempts have been made to re-install, repair modify etc. without apply after the supervision of Standard Warranty Period for the Quick Heal. The Software should be used extended warranty period set forth in the operating environment as mentioned in user guideOrder. For avoidance of doubt, if found to be used in such extended warranty shall not include any labor, travel or other non supportive environment the warranty will be void. (v) the deficiencies, defects, in Your premises for operation maintenance and related infringements. (vi) Your violations of the terms and conditions described support services set forth in the User manual or Support Terms referred to in this AgreementSection 12.

Appears in 1 contract

Samples: Purchase Order Standard Terms and Conditions

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