LIMITED WARRANTY AND REMEDIES. Unless otherwise set forth in the Agreement, Seller warrants for a period of one (1) year from the date of delivery to Buyer that the Product will be free from defects in material and workmanship and will conform to the applicable specifications as stipulated in the Agreement. In the event that the Product(s) is non-conforming with the foregoing warranty, as determined by Seller, Seller’s sole liability to Buyer and Buyer’s sole remedy under this warranty is limited to, at Seller’s option, the repair or replacement of the non-conforming Product(s), Seller’s re-performance of services, or a refund of the purchase price. For clarity, in the event that Seller chooses to repair or replace the non-conforming Product(s), any transportation, travel time, overtime, expedited shipping or other costs beyond the necessary parts and labor shall be the responsibility of the Buyer and shall be invoiced separately by Seller. THE WARRANTIES SPECIFIED IN THIS SECTION 6 ARE EXCLUSIVE AND ARE GIVEN AND ACCEPTED IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE REMEDIES OF THE BUYER SHALL BE LIMITED TO THOSE PROVIDED HEREIN TO THE EXCLUSION OF ANY AND ALL OTHER REMEDIES. NO AGREEMENT VARYING OR EXTENDING THE FOREGOING WARRANTIES, REMEDIES OR THIS LIMITATION WILL BE BINDING UPON SELLER UNLESS IN WRITING AND SIGNED BY A DULY AUTHORIZED OFFICER OF SELLER.
LIMITED WARRANTY AND REMEDIES. WE warrant that the SOFTWARE will perform in substantial compliance with the specifications set forth in the user manual provided with the SOFTWARE, provided that it is not modified and it is used on computer hardware and with an operating system for which it was designed. These warranties are limited to the 90-day period from YOUR original purchase of a license to the SOFTWARE. If YOU report in writing within 90 days of purchase a substantial defect in the SOFTWARE’s performance, WE will attempt to correct it or, at OUR option, authorize a refund of the amount YOU originally paid for YOUR license to the SOFTWARE. In order to qualify for a claim of defective SOFTWARE and request a refund, YOU must have worked with a technician to remedy the problem first via our helpdesk and deactivated the software from any and all computers. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN PLACE OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED, CONCERNING THE SOFTWARE OR USER MANUAL. WE DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY AND REMEDIES, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM TO THE EXTENT TO WHICH IT CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION. WE MAKE NO OTHER WARRANTIES, REPRESENTATIONS, OR CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE OR USER MANUAL, INCLUDING THEIR MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. WE WILL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF OR INABILITY TO USE THE SOFTWARE OR USER MANUAL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because software in general is inherently complex and may not be completely free of errors, WE are not responsible for any costs including, but not limited to, lost profits or revenue, loss of time or use of the SOFTWARE, loss of data, the cost of recovering software or data, the cost of substitute software, claims by third parties, or similar costs. In no event will the liability of Circle Systems exceed the amount paid for the license to the SOFTWARE.
LIMITED WARRANTY AND REMEDIES. DARAMIC WARRANTS THAT IT WILL PRODUCE THE SEPARATORS IN A GOOD AND WORKMANLIKE MANNER AND THAT THE SEPARATORS DELIVERED TO BUYER WILL CONFORM TO THE SPECIFICATIONS. ***. DARAMIC ALSO WARRANTS TO BUYER THAT IT WILL CONVEY GOOD TITLE TO THE SEPARATOR PRODUCTS SOLD AND DELIVERED HEREUNDER FREE OF ANY LIENS AND ENCUMBRANCES. DARAMIC HEREBY EXCLUDES AND DISCLAIMS ALL WARRANTIES EXCEPT THOSE EXPRESSLY SET FORTH IN THIS SECTION. THE REMEDIES OF BUYER FOR ANY BREACH OF THE WARRANTIES SET FORTH IN THIS SECTION SHALL, SUBJECT TO THE OTHER TERMS OF THIS AGREEMENT, BE THE REPLACEMENT OF THE NONCONFORMING PRODUCT OR, IN THE SOLE DISCRETION OF BUYER, REFUND FOR THE PRICE PAID FOR ANY NONCONFORMING PRODUCT, TO THE EXCLUSION OF ANY AND ALL OTHER REMEDIES, INCLUDING, WITHOUT LIMITATION, SPECIAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES. NO AGREEMENT VARYING OR EXTENDING THE FOREGOING WARRANTIES WILL BE BINDING UPON DARAMIC UNLESS IN WRITING, SIGNED BY AN OFFICER OF DARAMIC.
LIMITED WARRANTY AND REMEDIES. 6.1 Robelle warrants that,
LIMITED WARRANTY AND REMEDIES. Licensor warrants that it either owns the Data, has secured any licenses or other rights necessary to grant Licensee the license to use the Data as set forth herein, and/or that the information contained in the Data (but not the compilation methodology or format thereof) is part of the public domain. Licensor shall defend any action, suit or proceeding brought against Licensee or any of its officers, directors or employees based on a claim that the Data or any access thereto permitted hereunder infringes any proprietary rights of any third party (including without limitation any patent, copyright or trade secret) provided Licensor is promptly notified by Licensee of the action, is given authority to handle any such claim and is given information and assistance at Licensor's expense for the defense of such action. If the Data or any component or part or portion thereof is by competent judicial or administrative authority held to infringe the proprietary rights of any third party, Licensor shall, at its sole option and expense, (i) replace or modify the Data and any component or part or portion thereof to xxxxx the infringement, (ii) procure for the benefit of Licensee from the holders of such proprietary rights infringed or alleged to be infringed, the right to continue use of the Data and any component or part or portion thereof, or (iii) reimburse to Licensee a prorated portion of the License Fees with respect thereto paid by the Licensee to Licensor under this Agreement, based upon straight-line depreciation and an assumed life (solely for purposes of this Section) equal to twelve (12) months. Licensor shall also pay all damages and costs finally awarded against Licensee, if any, arising out of such action. Licensor does not warrant that the Data will be error-free. Licensor's sole liability, and Licensee's (and End-User's) sole remedy regarding defective Data is, at Licensor's sole election, to either: (i) replace defective Data at no charge to Licensee, provided that Licensee returns such Data to Licensor within ninety (90) days of receipt of the Data by Licensee with proof of the date of original receipt of such Data by Licensee; or (ii) return to Licensee the License Fee for the defective Data. Licensor shall have no responsibility or liability whatsoever for any loss or damage caused by errors in the Data or by delay in replacing defective Data.
LIMITED WARRANTY AND REMEDIES. 3.01 For a period of fourteen (14) months from date of shipping at the LICENSEE'S site specified in Schedule A, LICENSOR warrants that the Licensed Product will conform to published performance specifications applicable as of the date of this agreement and will be free from defects in workmanship, under normal use and service, when correctly installed and maintained.
LIMITED WARRANTY AND REMEDIES. BOA warrants that: (i) it has the right to license the Programs to AP; (ii) the BOA Products, when properly used, will operate in substantial conformity with the BOA Documentation for such version for so long as AP shall purchase Support from BOA in accordance with the terms of Section 11 of this Agreement; (iii) the Program media shall be free of defects, for ninety (90) days from the date of shipment of such version to AP; and (iv) each Program under this Agreement shall be Year 2000 compliant as more specifically outlined in the "YEAR 2000 COMPLIANCE ADDENDUM" attached hereto as EXHIBIT C. BOA does not warrant that the BOA Products work or perform satisfactorily with any AP Products or that the AP Products will work or perform satisfactorily. The medium on which the BOA Products are delivered to AP is warranted against defects for a period of 90 days from the page 5 of 13 original date of invoice. If the medium is defective, return it within the warranty period, and BOA will replace it at no charge. BOA's obligations under this warranty are limited to replacing or repairing at BOA's option, the initial copy of the BOA Products delivered to AP and which shall be returned to BOA, transportation charges prepaid, and which are, after examination, disclosed to BOA's satisfaction to be defective. This warranty shall not apply to any BOA Products that have been altered or repaired, except by BOA, or which have been subject to misuse, negligence or accident. AP's remedies in the event of a breach of clause (i), (ii) or (iv) of this Section 8 shall be (1) for BOA to repair or replace the affected Program, or, in BOA's sole discretion, if that is not practicable, (2) for Licensee to return the affected Program to BOA and BOA to refund an amount equal to the license fees paid to BOA for such Program multiplied by a fraction, the numerator of which is thirty-six (36) minus the number of months that such Program was used by AP, and the denominator of which is thirty-six (36), along with a pro rata share of any Support Fees that Licensee actually paid to BOA for the period that the Program was not usable. In the event of a breach of clause (iii), BOA shall replace the media if notified of such defect within the ninety (90) day period.
LIMITED WARRANTY AND REMEDIES. Licensor warrants, subject to the limitations set forth below, that:
LIMITED WARRANTY AND REMEDIES. In no event shall VectraCor or the software distributor be liable for any damages resulting from loss of data, loss of revenue or for any incidental or consequential damages incurred arising out of or relating to the use of the software. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights. You may have other rights that vary from region to region.
LIMITED WARRANTY AND REMEDIES. Unless otherwise specified in the product’s user manual, DCS warrants to Buyer that for two years from the date of shipment of Products to the Buyer that Products will substantially conform to the product specifications agreed to by DCS. This warranty is not transferable.
