Limited Warranty and Exclusive Remedy Sample Clauses

Limited Warranty and Exclusive Remedy. 5.1. For ninety (90) days running from Delivery of the Program Materials to the Licensee, or for the period specified in any extended warranty offered by the Licensor (if applicable) (Warranty Period) the Licensor warrants that the media upon which the Program Materials is furnished will be free from defects in material and workmanship under normal use. 5.2. While every reasonable effort is made to provide the Licensee with functional and productive software development tools, no warranty is made that the Program Materials themselves will perform, function or operate in an uninterrupted or error-free manner. 5.3. The Program Materials are designed and intended for use by computer professionals experienced in the uses and limitations of computer software. It is the Licensee’s responsibility to ascertain the suitability of the Program Materials for the Licensee’s purposes. 5.4. The Licensee’s exclusive remedy for breach by the Licensor of this warranty shall be the replacement of any defective media returned within the Warranty Period or, if no replacement which is free of defect is available, refund of the amount paid for the Program Materials (or, if the Program Materials were not separately purchased the sum of £1,000). Except as set forth herein, the Program Materials are licensed on an “as-is” basis.
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Limited Warranty and Exclusive Remedy. (1) MERCK warrants that Products sold to Neogen by MERCK pursuant to this agreement will conform to the performance specifications set forth on the application notes which accompany such Products until the expiration date printed on the container for such Products. MERCK's sole responsibility under this warranty shall be limited to the replacement, at MERCK's expense, of any Product not complying with this warranty. Product replacement shall be at the sole discretion of MERCK. The foregoing warranty shall apply only if MERCK is notified by Neogen of any such alleged non-conformance therewith within thirty (30) days after Neogen learns of the same and if the non-conformance could not have been found during the inspection according to ARTICLE 7. The foregoing warranty is expressly conditioned upon Products being used, operated, handled, maintained and shipped by the Customer and/or by Neogen in accordance with the application notes and is void as to any Product modified, altered or damaged by any person other than MERCK (unless done with MERCK's prior consent). This warranty shall not be applicable to any Products which become defective through either Neogen's or a Customers' negligence or through any intentional acts. (2) EXCEPT FOR THE WARRANTY SET FORTH IN THIS ARTICLE 8, MERCK MAKES NO OTHER WARRANTY OF ANY KIND WITH REGARD TO PRODUCTS WHETHER EXPRESS, ARISING BY OPERATION OF LAW, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MERCK SHALL NOT IN ANY CIRCUMSTANCE BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. (3) Merck will indemnify and hold Neogen harmless from any and all claims, actions, costs, expenses, or damages, including attorneys fees and expenses, resulting from any actual or alleged patent infringement in the use or sales of the products." Please confirm that this wording can be included.
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Limited Warranty and Exclusive Remedy. A. LHD warrants that the most recent release of Technical Documents conforms to its current standard practices. LHD otherwise provides Technical Documents "AS IT IS" with no further warranty whatsoever. B. LHD’s liability under this warranty is limited to the replacement of Technical Documents if returned to LHD within thirty (30) days after delivery, postage prepaid, including proof of payment, if any, and if accepted as non-conforming by LHD. C. The foregoing warranty and remedy are given by LHD and accepted by Customer in lieu of all other warranties and remedies, whether express, implied or statutory, including (without limitation) any obligation or liability of LHD in contract or tort, or any warranty of title, of quiet enjoyment, of quiet possession, of non-infringement, of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, or of lack of negligence, all with regard to technical documents and any information and data contained therein or derived therefrom, and the provision of or failure to provide support or other services or information there through or arising out of the use thereof. D. Except for gross negligence or willful misconduct, in no event shall LHD be liable for loss of profit, loss of business opportunities, indirect, incidental or consequential damages, and in no event shall LHD liability of any type exceed the payment by customer to LHD in connection with this Agreement, whether such liability is based in contract, strict liability, fault, tort, or any other asserted right.
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Limited Warranty and Exclusive Remedy. 6.1 Provider warrants to Customer that (i) the Service itself contains no malware (for the avoidance of doubt: this does not refer to malware contained in a Sample and analyzed by the Service) (ii) the Service will operate without material error or defect in conformance to ANNEX A: Service Specification, ANNEX B: Support Provisions, ANNEX C: Service Level Agreement, and the Documentation under normal use and circumstances until the expiration or termination of Customer’s paid right to access and use such Service, (iii) Provider will perform its overall obligations under this SAASA with reasonable care and expertise, (iv) Provider will install Updates as they come available and will inform Customer about any predictable Service downtime caused by such an Update. 6.2 The foregoing limited warranty does not cover events or circumstances caused by accident, abuse or use of the Service in a manner inconsistent with this SAASA, or other guidance provided by Provider, or resulting from a Force Majeure Event (as defined in Section 16.2). If it is established that Provider has breached the above warranty after notice from Customer as required below, Provider may, at its option: (i) use reasonable efforts to cure the breach; or (ii) in the event Provider cannot, after commercially practicable attempts to do so, achieve the remedy in (i) immediately above, either Provider or Customer may terminate this SAASA and Provider will provide a refund (within thirty (30) days) of unused fees pre-paid by Customer, if any, as of the effective date of such termination. 6.3 To benefit from this warranty and the remedies stated herein, Customer must report in writing to Provider, the alleged breach of warranty with reasonable specificity within ten (10) days of its occurrence. The above remedies for breach of the foregoing warranty are Provider's sole and exclusive obligation and liability to Customer, and Customer's sole and exclusive right and remedy for Provider’s breach of the foregoing warranty notwithstanding any other provision of this SAASA to the contrary.
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Limited Warranty and Exclusive Remedy. Milestone warrants to you that for a period of ninety (90) days following the Effective Date, the Software provided by Milestone, as delivered, will conform to the Documentation referred to in Section 4 of this XXXX, provided that: (i) the Software is used properly in accordance with the Documentation; and (ii) you notify Milestone of an alleged breach of this limited warranty in writing and Milestone receives such notice prior to ninety (90) days following the Effective Date. This limited warranty is void if failure of the Software results, in whole or in part, from accident, abuse, or misapplication by you or failure to implement any Updates. Milestone’s entire liability, and your sole and exclusive remedy, for breach of this limited warranty shall be, at Milestone’s sole option, either to: (a) use reasonable efforts to correct or help you work around the “Error”; or (b) terminate this XXXX and refund the license fee paid, so long as the Software is returned to Milestone with a copy of your receipt within sixty (60) days following the Effective Date. An “Error” is a defect in the Software that causes it not to perform substantially in accordance with the limited warranty set forth in this Section 12(a). This limited warranty is effective for the original warranty period described in this Section 12(a) only, and shall not be extended in the event that replacement software, updates or other releases pertaining to the Software are made available.
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Limited Warranty and Exclusive Remedy. Products sold hereunder, which are manufactured by Xxxxxx, are warranted to conform to specifications of the latest issue of the Industrial Fasteners Institute or Buyer’s written plans and specifications (“Limited Warranty”). This Limited Warranty is expressly in lieu of all other warranties, whether expressed or implied, including without limitations, any implied warranty of merchantability or fitness for a particular purpose and any warranty that the products are tamper proof and shall expire one year from the date of delivery of the product to the Buyer. Xxxxx will immediately notify Xxxxxx in writing of any alleged deficiencies in the delivered product and failure to so notify Xxxxxx shall be a waiver of any alleged deficiencies. Assuming notice of alleged deficiency is given, Xxxxxx, at its option, will either repair or replace (without charge to the buyer, except for the cost of shipping) products under Limited Warranty which are returned to Xxxxxx’x factory which Xxxxxx in its sole opinion finds: (1) deviate from the plans and specifications by at least fifteen percent (15%); and (2) such deviation adversely affects the design; and (3) such deviation if proven to be the sole and primary cause of the product failure; and (4) the product has not been subjected to misuse or modified in any way. Alternatively, Xxxxxx, at its option may refund consideration paid by the Buyer for the product and have no further liability. The Limited Warranty shall be the sole and exclusive remedy of the buyer.
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Limited Warranty and Exclusive Remedy. Subject to the terms and conditions of this Agreement, Color will perform the Tests and Services in accordance with Color's standard protocols (see Section 7(c)(v) herein for links where these can be reviewed) for conducting such Tests and Services (the “Limited Warranty”). Client’s sole and exclusive remedy for any breach by Color of the Limited Warranty will be to have Color re-perform the affected Tests and Services, provided that Color receives any additional Samples as are necessary to re-perform the affected Services. Client shall have ten (10) days from an Eligible Individual’s or ordering HCP’s receipt of the Test result to inform Color in writing of any claim that the Services fail to comply with the Limited Warranty.
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Related to Limited Warranty and Exclusive Remedy

  • WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES 6.1 Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we will perform the Services using commercially reasonable care and skill in all material respects as described in the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services). 6.2 WE DO NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

  • Exclusive Remedy The foregoing shall constitute the Parties' sole and exclusive remedies and obligations with respect to a third party claim of intellectual property infringement arising out of the conduct of business under this Agreement.

  • Exclusive Remedies Subject to Section 9.12, the parties acknowledge and agree that their sole and exclusive remedy with respect to any and all claims (other than claims arising from intentional fraud on the part of a party hereto in connection with the transactions contemplated by this Agreement) for any breach of any representation, warranty, covenant, agreement or obligation set forth herein or otherwise relating to the subject matter of this Agreement, shall be pursuant to the indemnification provisions set forth in this ARTICLE VII. In furtherance of the foregoing, each party hereby waives, to the fullest extent permitted under the law, any and all rights, claims and causes of action for any breach of any representation, warranty, covenant, agreement or obligation set forth herein or otherwise relating to the subject matter of this Agreement it may have against the other parties hereto and their affiliates and each of their respective representatives arising under or based upon any law, rule or regulation, except pursuant to the indemnification provisions set forth in this ARTICLE VII. Nothing in this Section 7.05 shall limit any person’s right to seek and obtain any equitable relief to which any person shall be entitled pursuant to Section 9.12 or to seek any remedy on account of any intentional fraud by any party hereto.

  • Nonexclusive Remedies All remedies provided in this Agreement may be exercised individually or in combination with any other available remedy. Contractor shall notify the JBE immediately if Contractor is in default, or if a third party claim or dispute is brought or threatened that alleges facts that would constitute a default under this Agreement. If Contractor is in default, the JBE may do any of the following: (i) withhold all or any portion of a payment otherwise due to Contractor, and exercise any other rights of setoff as may be provided in this Agreement or any other agreement between a Judicial Branch Entity and Contractor; (ii) require Contractor to enter into nonbinding mediation; (iii) exercise, following Notice, the JBE’s right of early termination of this Agreement as provided herein; and (iv) seek any other remedy available at law or in equity.

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