Limited Warranty and Disclaimers. You understand and acknowledge that the AxSTREAM® software, although functionally complete, is inherently complex and may not be completely free of errors. Although SoftInWay will make reasonable efforts to correct any material nonconformity between the AxSTREAM® software and its then-current documentation that you bring to SoftInWay’s attention with written, documented reports, the AxSTREAM® software is licensed "as is." SoftInWay has no obligation to correct any deficiencies that you may discover, nor does SoftInWay guarantee its service results, or warrant or represent that all program errors can or will be corrected. (a) EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, SOFTINWAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS. IN PARTICULAR, YOU ACKNOWLEDGE THAT THE AxSTREAM® SOFTWARE IS PROVIDED "AS IS" AND YOU ACCEPT THE ENTIRE RISK AS TO THE SOFTWARE’S QUALITY AND PERFORMANCE. (b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOFTINWAY, ITS AFFILIATED COMPANIES AND THEIR LICENSORS DISCLAIM ALL OTHER REPRESENTATIONS, TERMS AND CONDITIONS, WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COLLATERALLY, OR THE PARTIES’ COURSE OF DEALINGS OR OTHERWISE, REGARDING THE AxSTREAM® SOFTWARE, RELATED DOCUMENTATION AND OTHER MATERIALS AND SERVICES INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS IN THE SOFTWARE. (c) SOFTINWAY DOES NOT WARRANT THAT THE AxSTREAM® SOFTWARE SHALL PERFORM WITHOUT INTERRUPTION OR BE ERROR FREE, OR THAT IT IS FREE FROM BUGS, VIRUSES, ERRORS OR OTHER PROGRAM LIMITATIONS. (d) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SOFTINWAY OR ITS LICENSORS, THEIR RESPECTIVE EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS, SHALL INCREASE THE SCOPE OF THE ABOVE REPRESENTATIONS, WARRANTIES, TERMS OR CONDITIONS IN CONNECTION WITH THE AxSTREAM® SOFTWARE OR ANY SERVICE RELATED THERETO. (e) SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED REPRESENTATIONS, WARRANTIES, TERMS OR CONDITIONS, SO THE ABOVE EXCLUSIONS MAY NOT FULLY APPLY TO YOU. IN THAT EVENT, TO THE EXTENT YOUR JURISDICTION PERMITS SUCH LIMITATIONS, ANY IMPLIED REPRESENTATIONS, WARRANTIES, TERMS OR CONDITIONS ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE YOU PURCHASED THE AxSTREAM® SOFTWARE OR TO THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW, IF LONGER.THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS AS WELL, WHICH MAY VARY ACCORDING TO JURISDICTION.
Appears in 1 contract
Samples: End User License Agreement
Limited Warranty and Disclaimers. You understand This warranty is expressly conditioned on Customer’s compliance with the operating, security, and acknowledge that data-control procedures set forth in the AxSTREAM® softwareUser’s Manual and Documentation as provided by Company. As Customer’s exclusive remedy for any material nonconformity or defect in the Software for which Company is responsible, although functionally complete, is inherently complex and may not be completely free of errors. Although SoftInWay will make Company shall attempt through commercially reasonable efforts to correct or cure any material nonconformity between reproducible defect by issuing corrected instructions, as restriction or a bypass. In the AxSTREAM® software and its then-current documentation that you bring to SoftInWay’s attention with written, documented reports, the AxSTREAM® software event Company is licensed "as is." SoftInWay has no obligation unable to correct any deficiencies that you may discover, nor does SoftInWay guarantee its service results, or warrant cure such nonconformity or represent that all program errors can defect after it has had a reasonable period of time to do so Customer’s exclusive remedy shall be a refund of the amount paid as the license fee for the defective or will be corrected.
(a) nonconforming module of the Software during the then current term. EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPH, COMPANY AND ORACLE SHALL HAVE NO LIABILITY FOR THE SERVICES, THE ORACLE PROGRAM OR ANY OTHER SERVICES PROVIDED, INCLUDING ANY LIABILITY FOR NEGLIGENCE; COMPANY AND ORACLE DO NOT WARRANT THAT THE SERVICE WILL BE PERFORMED ERROR- FREE OR UNINTERRUPTED, THAT COMPANY WILL CORRECT ALL ERRORS OR THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS. COMPANY IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATIONS OR SECURITY OF THE SERVICE THAT ARISE FROM CUSTOMER CONTENT OR THIRD PARTY APPLICATIONS OR SERVICES PROVIDED IN BY THIRD PARTIES. COMPANY EXPRESSLY DISCLAIMS (TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW) ALL OTHER WARRANTIES EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT, SOFTINWAY DISCLAIMS ALL WARRANTIESINCLUDING WITHOUT LIMITATION, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS. IN PARTICULAR, YOU ACKNOWLEDGE THAT THE AxSTREAM® SOFTWARE IS PROVIDED "AS IS" AND YOU ACCEPT THE ENTIRE RISK AS TO THE SOFTWARE’S QUALITY AND PERFORMANCE.
(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOFTINWAY, ITS AFFILIATED COMPANIES AND THEIR LICENSORS DISCLAIM ALL OTHER REPRESENTATIONS, TERMS AND CONDITIONS, ANY WARRANTIES OF ANY KINDMERCHANTABILITY, WHETHER EXPRESS OR IMPLIED BY STATUTE, COLLATERALLYTITLE, OR THE PARTIES’ COURSE OF DEALINGS OR OTHERWISE, REGARDING THE AxSTREAM® SOFTWARE, RELATED DOCUMENTATION AND OTHER MATERIALS AND SERVICES INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS IN THE SOFTWAREPURPOSE.
(c) SOFTINWAY DOES NOT WARRANT THAT THE AxSTREAM® SOFTWARE SHALL PERFORM WITHOUT INTERRUPTION OR BE ERROR FREE, OR THAT IT IS FREE FROM BUGS, VIRUSES, ERRORS OR OTHER PROGRAM LIMITATIONS.
(d) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SOFTINWAY OR ITS LICENSORS, THEIR RESPECTIVE EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS, SHALL INCREASE THE SCOPE OF THE ABOVE REPRESENTATIONS, WARRANTIES, TERMS OR CONDITIONS IN CONNECTION WITH THE AxSTREAM® SOFTWARE OR ANY SERVICE RELATED THERETO.
(e) SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED REPRESENTATIONS, WARRANTIES, TERMS OR CONDITIONS, SO THE ABOVE EXCLUSIONS MAY NOT FULLY APPLY TO YOU. IN THAT EVENT, TO THE EXTENT YOUR JURISDICTION PERMITS SUCH LIMITATIONS, ANY IMPLIED REPRESENTATIONS, WARRANTIES, TERMS OR CONDITIONS ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE YOU PURCHASED THE AxSTREAM® SOFTWARE OR TO THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW, IF LONGER.THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS AS WELL, WHICH MAY VARY ACCORDING TO JURISDICTION.
Appears in 1 contract
Samples: Terms and Conditions
Limited Warranty and Disclaimers. You understand 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 acknowledge that the AxSTREAM® 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, although functionally complete, is inherently complex and may not be completely free of errors. Although SoftInWay will make reasonable efforts to correct any material nonconformity between the AxSTREAM® software and its then-current documentation MixMode represents that you bring to SoftInWay’s attention with written, documented reports, the AxSTREAM® software is licensed "as is." SoftInWay it has no obligation to correct material knowledge that such software does not function properly, contains any deficiencies that you may discover, nor does SoftInWay guarantee its service resultscomputer virus, or warrant 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 represent replace the Product that all program errors can or does not meet the MixMode warranty and which is returned to MixMode. Any replacement Product will be correctedwarranted for the remainder of the original warranty period or 30 days, whichever is longer.
(a) c. Disclaimer: EXCEPT AS EXPRESSLY PROVIDED FOR THE LIMITED WARRANTY SET FORTH IN THIS AGREEMENTSECTION 4, SOFTINWAY 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, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS. IN PARTICULAR, YOU ACKNOWLEDGE THAT THE AxSTREAM® SOFTWARE IS PROVIDED "AS IS" AND YOU ACCEPT THE ENTIRE RISK AS TO THE SOFTWARE’S QUALITY AND PERFORMANCE.
(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOFTINWAY, ITS AFFILIATED COMPANIES AND THEIR LICENSORS DISCLAIM ALL OTHER REPRESENTATIONS, TERMS AND CONDITIONS, WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTEIMPLIED, COLLATERALLY, OR RELATING TO THE PARTIES’ COURSE OF DEALINGS OR OTHERWISE, REGARDING THE AxSTREAM® SOFTWARE, RELATED DOCUMENTATION PRODUCT AND OTHER ALL MATERIALS AND SERVICES INCLUDING WITHOUT LIMITATION CONTENT AVAILABLE THROUGH THE WARRANTIES PRODUCT, INCLUDING: (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR SATISFACTORY QUALITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT INFRINGEMENT; AND (II) ANY WARRANTY ARISING OUT OF THIRD PARTY RIGHTS IN THE SOFTWARE.
(c) SOFTINWAY COURSE OF DEALING, USAGE, OR TRADE. MIXMODE DOES NOT WARRANT THAT THE AxSTREAM® SOFTWARE SHALL PERFORM WITHOUT INTERRUPTION OR BE ERROR FREEANY PORTION OF THE PRODUCT, OR THAT IT IS ANY MATERIALS OR CONTENT OFFERED THROUGH THE PRODUCT, WILL BE UNINTERRUPTED, SECURE, OR FREE FROM BUGSOF ERRORS, VIRUSES, ERRORS OR OTHER PROGRAM LIMITATIONS.
(d) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSHARMFUL COMPONENTS, AND MIXMODE DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN INFORMATION WRITTEN, OBTAINED BY CUSTOMER FROM MIXMODE OR ADVICE GIVEN BY SOFTINWAY OR ITS LICENSORS, THEIR RESPECTIVE EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS, SHALL INCREASE ANY MATERIALS AND CONTENT AVAILABLE THROUGH THE SCOPE 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 ABOVE REPRESENTATIONSPRODUCT IS AT CUSTOMER’S OWN DISCRETION AND RISK, WARRANTIES, TERMS AND THAT MIXMODE IS NOT RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER PROPERTY (INCLUDING CUSTOMER’S COMPUTER SYSTEM OR CONDITIONS MOBILE DEVICE USED IN CONNECTION WITH THE AxSTREAM® SOFTWARE PRODUCT) OR ANY SERVICE RELATED THERETO.
(e) SOME JURISDICTIONS MAY NOT ALLOW LOSS OF DATA. THE EXCLUSION OF IMPLIED REPRESENTATIONSLIMITATIONS, WARRANTIESEXCLUSIONS, TERMS OR CONDITIONS, SO THE ABOVE EXCLUSIONS MAY NOT FULLY AND DISCLAIMERS IN THIS SECTION 4 APPLY TO YOU. IN THAT EVENT, TO THE FULLEST EXTENT YOUR JURISDICTION PERMITS SUCH LIMITATIONS, ANY IMPLIED REPRESENTATIONS, WARRANTIES, TERMS OR CONDITIONS ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE YOU PURCHASED THE AxSTREAM® SOFTWARE OR TO THE SHORTEST PERIOD PERMITTED BY LAW. MIXMODE DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT MIXMODE IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW, IF LONGER.THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS AS WELL, WHICH MAY VARY ACCORDING TO JURISDICTION.
Appears in 1 contract
Samples: End User License Agreement
Limited Warranty and Disclaimers. You understand 6.1. Convercent warrants that (i) the Software will substantially perform the functions set forth in the applicable portions of the Convercent User Guide (the “Specification”), (ii) Support shall conform to the applicable level in the Support Offering and acknowledge that the AxSTREAM® softwareSupport Offering shall not materially degrade during the Term, although functionally complete(iii) it shall provide Services in a workmanlike and professional manner pursuant to the terms of the Agreement and any applicable Statement of Work, is inherently complex and may not be completely free (iv) Convercent shall use industry standard measures to prevent viruses from being released in the Software. If Customer notifies Convercent in writing of errors. Although SoftInWay will make reasonable efforts any failure in the Software, Support or Services to correct any material nonconformity between materially conform to the AxSTREAM® software warranties outlined above, Convercent shall, at its option and its then-current documentation that you bring to SoftInWay’s attention with written, documented reports, the AxSTREAM® software is licensed "as is." SoftInWay has no obligation to correct any deficiencies that you may discover, nor does SoftInWay guarantee its service results, or warrant or represent that all program errors can or will be corrected.
expense: (a) EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENTrepair, SOFTINWAY DISCLAIMS ALL WARRANTIES(b) replace or reperform, EXPRESS OR IMPLIEDor (c) if unable to repair such nonconformance or replace or reperform, terminate the Agreement (or the applicable Order Form) and, upon cessation of use of the Software by Customer, issue a pro rata refund of the fees paid for any non-conforming portion of the Software, Support or Services. This remedy is conditioned upon Customer providing information necessary to assist Convercent in resolving the nonconformance, including a documented example of any nonconformance, or sufficient information to enable Convercent to re-create the nonconformance. This Section 6.1 is Customer’s sole and exclusive remedy under the warranties.
6.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS. IN PARTICULARLAW, YOU ACKNOWLEDGE THAT THE AxSTREAM® SOFTWARE IS PROVIDED "AS IS" CONVERCENT DISCLAIMS AND YOU ACCEPT THE ENTIRE RISK AS EXCLUDES ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS OR OTHER TERMS RELATING TO THE SOFTWARE’S QUALITY AND PERFORMANCE.
(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOFTINWAYSUPPORT, ITS AFFILIATED COMPANIES AND THEIR LICENSORS DISCLAIM ALL OTHER REPRESENTATIONSOR SERVICES, TERMS AND CONDITIONS, WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTEIMPLIED, COLLATERALLY, OR THE PARTIES’ COURSE OF DEALINGS STATUTORY OR OTHERWISE, REGARDING THE AxSTREAM® SOFTWAREINCLUDING, RELATED DOCUMENTATION AND BUT NOT LIMITED TO, ANY WARRANTIES OR OTHER MATERIALS AND SERVICES INCLUDING WITHOUT LIMITATION THE WARRANTIES TERMS OF MERCHANTABILITY OR SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PURPOSE OR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS IN THE SOFTWARE.
(c) SOFTINWAY PURPOSE. CONVERCENT DOES NOT WARRANT OR REPRESENT THAT THE AxSTREAM® SOFTWARE SHALL PERFORM WITHOUT INTERRUPTION SOFTWARE, SUPPORT OR SERVICES WILL BE ERROR FREEDELIVERED FREE OF ANY DELAYS, OMISSIONS, OR THAT IT IS FREE FROM BUGS, VIRUSES, ERRORS OR OTHER PROGRAM LIMITATIONS.
(d) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS6.3. Convercent is not responsible for any delays, NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SOFTINWAY OR ITS LICENSORSdelivery failures, THEIR RESPECTIVE EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS, SHALL INCREASE THE SCOPE OF THE ABOVE REPRESENTATIONS, WARRANTIES, TERMS OR CONDITIONS IN CONNECTION WITH THE AxSTREAM® SOFTWARE OR ANY SERVICE RELATED THERETOor other loss or damage resulting from the transfer of data over communications networks and facilities which are not directly controlled by Convercent. Customer acknowledges that the Software and Services may be subject to problems inherent in the use of such communications facilities.
(e) SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED REPRESENTATIONS6.4. In the event of any loss or damage to Customer Content, WARRANTIES, TERMS OR CONDITIONS, SO THE ABOVE EXCLUSIONS MAY NOT FULLY APPLY TO YOU. IN THAT EVENT, TO THE EXTENT YOUR JURISDICTION PERMITS SUCH LIMITATIONS, ANY IMPLIED REPRESENTATIONS, WARRANTIES, TERMS OR CONDITIONS ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE YOU PURCHASED THE AxSTREAM® SOFTWARE OR TO THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW, IF LONGER.THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS AS WELL, WHICH MAY VARY ACCORDING TO JURISDICTIONCustomer's sole and exclusive remedy shall be for Convercent to use reasonable commercial endeavors to restore the lost or damaged Customer Content from the latest back-up of such Customer Content maintained by Convercent in accordance with its archiving procedure.
Appears in 1 contract
Samples: Master Terms of Service
Limited Warranty and Disclaimers. 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 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. Seqrite warrants that the Licensed Software, as delivered by Seqrite will conform to the descriptions in the user manual. However, Seqrite does not offer any warranty regarding the performance of software and shall not entertain any claim regarding the same. SEQRITE MAKES NO WARRANTIES OR CLAIMS THAT THE LICENSED SOFTWARE, OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT THE USE OF THE LICENSED SOFTWARE, OPERATION, CONTENT UPDATES, AND UPGRADES WILL BE ERROR-FREE OR UNINTERRUPTED. You understand and acknowledge accept that this software will substantially perform according to the AxSTREAM® softwarespecifications and descriptions as stated in the user manual, although functionally completeas updated from time to time, is inherently complex subject to the following and may not be completely free 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 device;
ii. Any actions initiated by you or by third parties which were beyond the control of errorsSeqrite;
iii. Although SoftInWay will make reasonable efforts 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 Seqrite, alterations, neglect, non-permitted modifications, acts of terrorism, and vandalism;
iv. The deficiencies, defects in your device and related infringements;
v. Your violations of the terms and conditions described in the user manual or in this Agreement.
vi. Inability of Seqrite support service to correct any material nonconformity between the AxSTREAM® software and its then-current documentation that you bring to SoftInWay’s attention with writtenprovide uninterrupted support, documented reports, the AxSTREAM® software is licensed "as is." SoftInWay has no obligation to correct any deficiencies that you may discover, nor does SoftInWay guarantee its service resultsin a timely manner, or warrant inability to meet any or represent that all program errors can or will be correctedof your support requirements.
(a) EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, SOFTINWAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS. IN PARTICULAR, YOU ACKNOWLEDGE THAT THE AxSTREAM® SOFTWARE IS PROVIDED "AS IS" AND YOU ACCEPT THE ENTIRE RISK AS TO THE SOFTWARE’S QUALITY AND PERFORMANCE.
(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOFTINWAY, ITS AFFILIATED COMPANIES AND THEIR LICENSORS DISCLAIM ALL OTHER REPRESENTATIONS, TERMS AND CONDITIONS, WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COLLATERALLY, OR THE PARTIES’ COURSE OF DEALINGS OR OTHERWISE, REGARDING THE AxSTREAM® SOFTWARE, RELATED DOCUMENTATION AND OTHER MATERIALS AND SERVICES INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS IN THE SOFTWARE.
(c) SOFTINWAY DOES NOT WARRANT THAT THE AxSTREAM® SOFTWARE SHALL PERFORM WITHOUT INTERRUPTION OR BE ERROR FREE, OR THAT IT IS FREE FROM BUGS, VIRUSES, ERRORS OR OTHER PROGRAM LIMITATIONS.
(d) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SOFTINWAY OR ITS LICENSORS, THEIR RESPECTIVE EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS, SHALL INCREASE THE SCOPE OF THE ABOVE REPRESENTATIONS, WARRANTIES, TERMS OR CONDITIONS IN CONNECTION WITH THE AxSTREAM® SOFTWARE OR ANY SERVICE RELATED THERETO.
(e) SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED REPRESENTATIONS, WARRANTIES, TERMS OR CONDITIONS, SO THE ABOVE EXCLUSIONS MAY NOT FULLY APPLY TO YOU. IN THAT EVENT, TO THE EXTENT YOUR JURISDICTION PERMITS SUCH LIMITATIONS, ANY IMPLIED REPRESENTATIONS, WARRANTIES, TERMS OR CONDITIONS ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE YOU PURCHASED THE AxSTREAM® SOFTWARE OR TO THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW, IF LONGER.THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS AS WELL, WHICH MAY VARY ACCORDING TO JURISDICTION.
Appears in 1 contract
Samples: End User License Agreement
Limited Warranty and Disclaimers. You understand 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 acknowledge that the AxSTREAM® 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, although functionally complete, is inherently complex and may not be completely free of errors. Although SoftInWay will make reasonable efforts to correct any material nonconformity between the AxSTREAM® software and its then-current documentation MixMode represents that you bring to SoftInWay’s attention with written, documented reports, the AxSTREAM® software is licensed "as is." SoftInWay it has no obligation to correct material knowledge that such software does not function properly, contains any deficiencies that you may discover, nor does SoftInWay guarantee its service resultscomputer virus, or warrant 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 represent replace the Product that all program errors can or does not meet the MixMode warranty and which is returned to MixMode. Any replacement Product will be correctedwarranted for the remainder of the original warranty period or 30 days, whichever is longer.
(a) c. Disclaimer: EXCEPT AS EXPRESSLY PROVIDED FOR THE LIMITED WARRANTY SET FORTH IN THIS AGREEMENTSECTION 4, SOFTINWAY 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, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS. IN PARTICULAR, YOU ACKNOWLEDGE THAT THE AxSTREAM® SOFTWARE IS PROVIDED "AS IS" AND YOU ACCEPT THE ENTIRE RISK AS TO THE SOFTWARE’S QUALITY AND PERFORMANCE.
(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOFTINWAY, ITS AFFILIATED COMPANIES AND THEIR LICENSORS DISCLAIM ALL OTHER REPRESENTATIONS, TERMS AND CONDITIONS, WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTEIMPLIED, COLLATERALLY, OR RELATING TO THE PARTIES’ COURSE OF DEALINGS OR OTHERWISE, REGARDING THE AxSTREAM® SOFTWARE, RELATED DOCUMENTATION PRODUCT AND OTHER ALL MATERIALS AND SERVICES INCLUDING WITHOUT LIMITATION CONTENT AVAILABLE THROUGH THE WARRANTIES PRODUCT, INCLUDING: (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR SATISFACTORY QUALITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT INFRINGEMENT; AND (II) ANY WARRANTY ARISING OUT OF THIRD PARTY RIGHTS IN THE SOFTWARE.
(c) SOFTINWAY COURSE OF DEALING, USAGE, OR TRADE. MIXMODE DOES NOT WARRANT THAT THE AxSTREAM® SOFTWARE SHALL PERFORM WITHOUT INTERRUPTION OR BE ERROR FREEANY PORTION OF THE PRODUCT, OR THAT IT IS ANY MATERIALS OR CONTENT OFFERED THROUGH THE PRODUCT, WILL BE UNINTERRUPTED, SECURE, OR FREE FROM BUGSOF ERRORS, VIRUSES, ERRORS OR OTHER PROGRAM LIMITATIONS.
(d) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSHARMFUL COMPONENTS, AND MIXMODE DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN INFORMATION WRITTEN, OBTAINED BY CUSTOMER FROM MIXMODE OR ADVICE GIVEN BY SOFTINWAY OR ITS LICENSORS, THEIR RESPECTIVE EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS, SHALL INCREASE ANY MATERIALS AND CONTENT AVAILABLE THROUGH THE SCOPE 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 ABOVE REPRESENTATIONSPRODUCT IS AT CUSTOMER’S OWN DISCRETION AND RISK, WARRANTIES, TERMS AND THAT MIXMODE IS NOT RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER PROPERTY (INCLUDING CUSTOMER’S COMPUTER SYSTEM OR CONDITIONS MOBILE DEVICE USED IN CONNECTION WITH THE AxSTREAM® SOFTWARE PRODUCT) OR ANY SERVICE RELATED THERETO.
(e) SOME JURISDICTIONS MAY NOT ALLOW LOSS OF DATA. THE EXCLUSION OF IMPLIED REPRESENTATIONSLIMITATIONS, WARRANTIESEXCLUSIONS, TERMS OR CONDITIONS, SO THE ABOVE EXCLUSIONS MAY NOT FULLY AND DISCLAIMERS IN THIS SECTION 4 APPLY TO YOU. IN THAT EVENT, TO THE FULLEST EXTENT YOUR JURISDICTION PERMITS SUCH LIMITATIONS, ANY IMPLIED REPRESENTATIONS, WARRANTIES, TERMS OR CONDITIONS ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE YOU PURCHASED THE AxSTREAM® SOFTWARE OR TO THE SHORTEST PERIOD PERMITTED BY LAW. MIXMODE DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT MIXMODE IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW, IF LONGER.THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS AS WELL, WHICH MAY VARY ACCORDING TO JURISDICTION.
Appears in 1 contract
Samples: End User License Agreement
Limited Warranty and Disclaimers. You understand and acknowledge that the AxSTREAM® software, although functionally complete, is inherently complex and may not be completely free of errors. Although SoftInWay will make reasonable efforts to correct any material nonconformity between the AxSTREAM® software and its then-current documentation that you bring to SoftInWay’s attention with written, documented reports, the AxSTREAM® software is licensed "as is." SoftInWay has no obligation to correct any deficiencies that you may discover, nor does SoftInWay guarantee its service results, or warrant or represent that all program errors can or will be corrected.
(a) EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, SOFTINWAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS. IN PARTICULAR, YOU ACKNOWLEDGE THAT THE AxSTREAM® SOFTWARE IS PROVIDED "AS IS" AND YOU ACCEPT THE ENTIRE RISK AS TO THE SOFTWARE’S QUALITY AND PERFORMANCE.
(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOFTINWAY, ITS AFFILIATED COMPANIES AND THEIR LICENSORS DISCLAIM ALL OTHER REPRESENTATIONS, TERMS AND CONDITIONS, WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COLLATERALLY, OR THE PARTIES’ COURSE OF DEALINGS OR OTHERWISE, REGARDING THE AxSTREAM® SOFTWARE, RELATED DOCUMENTATION AND OTHER MATERIALS AND SERVICES INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS IN THE SOFTWARE.
(c) SOFTINWAY DOES NOT WARRANT THAT THE AxSTREAM® SOFTWARE SHALL PERFORM WITHOUT INTERRUPTION OR BE ERROR FREE, OR THAT IT IS FREE FROM BUGS, VIRUSES, ERRORS OR OTHER PROGRAM LIMITATIONS.
(d) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SOFTINWAY OR ITS LICENSORS, THEIR RESPECTIVE EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS, SHALL INCREASE THE SCOPE OF THE ABOVE REPRESENTATIONS, WARRANTIES, TERMS OR CONDITIONS IN CONNECTION WITH THE AxSTREAM® SOFTWARE OR ANY SERVICE RELATED THERETO.
(e) SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED REPRESENTATIONS, WARRANTIES, TERMS OR CONDITIONS, SO THE ABOVE EXCLUSIONS MAY NOT FULLY APPLY TO YOU. IN THAT EVENT, TO THE EXTENT YOUR JURISDICTION PERMITS SUCH LIMITATIONS, ANY IMPLIED REPRESENTATIONS, WARRANTIES, TERMS OR CONDITIONS ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE YOU PURCHASED THE AxSTREAM® SOFTWARE OR TO THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW, IF LONGER.THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS AS WELL, WHICH MAY VARY ACCORDING TO JURISDICTION.
Appears in 1 contract
Samples: Software License Agreement
