Common use of Limited Warranty and Remedy Clause in Contracts

Limited Warranty and Remedy. The Software is provided by the Company and accepted by the End-User "as is." The Company warrants only that the Software and any provided hardware will perform substantially in accordance with the Company's accompanying explanatory materials for the duration of the End-User's subscription period. The Company's sole and exclusive liability, and your exclusive remedy, for any breach of this sole warranty or this Agreement, shall be limited to (at the Company's option) either the (i) replacement or (ii) repair of the Software (or the provided hardware, as the case may be). Any replacement Software or hardware will be warranted similarly. The Company is not liable for any performance delays or for nonperformance due to causes beyond its reasonable control or caused by you or any third party(ies). The Company does not warrant the Software, any provided hardware, or headsets against damage, loss, or theft. This Limited Warranty is in addition to any and all other warranties that may be passed through to the End-User by the Company from third party software vendors (e.g., Microsoft). This limited warranty is void if any failure of the Software results from any accident, abuse, misapplication, or modification of the Software by you or any third party. Headsets resold to the End-User as a service to the End-User become the property and responsibility of the End-User and may include a limited warranty from the manufacturer but will not include a separate warranty from the Company. THE ABOVE-STATED LIMITED WARRANTY AND REMEDIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, AND THE COMPANY AND ITS DISTRIBUTORS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF NON- INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES. IN SUCH STATES SOME OR ALL OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Limited Warranty and Remedy. The (a) Excluding Third Party Products, SAP BusinessObjects warrants to you that: (i) for a period of six (6) months from delivery of the Software, the Software is provided by will substantially conform to the Company functional description set forth in its standard documentation; and accepted by (ii) for a period of six (6) months from delivery the Endphysical media (e.g., CD-User "as is." The Company warrants only that ROM, DVD, and Electronic Software Distribution) will be free from defects in materials and workmanship. Any implied warranties on the Software and any provided hardware will perform substantially in accordance with Third Party Products and media are limited to thirty (30) days from delivery, to the Company's accompanying explanatory materials for the duration extent such warranties cannot be disclaimed under Section 8(c) below. The above warranties specifically exclude defects resulting from accident, abuse, unauthorized repair, modifications, or enhancements, or misapplication. SAP BusinessObjects does not warrant that use of the End-User's subscription Software will operate uninterrupted or error free. Delivery of additional copies of, or revisions or upgrades to, the Software, including releases provided under Support Services, shall not restart or otherwise affect the warranty period. The Company's sole and . (b) Your exclusive liability, and your exclusive remedy, remedy for any breach of this sole the above-stated limited warranty or this Agreementshall be, shall be limited to (at the Company's SAP BusinessObjects' option) either the , either: (i) correction or replacement of the Software with product(s) which conform to the above-stated limited warranty; or (ii) repair return of the price paid for the Software and termination of this License Agreement with respect to those copies not in compliance. Such remedy shall be provided to you by SAP BusinessObjects only if you give SAP BusinessObjects written notice of any breach of the above-stated limited warranty, within six (or the provided hardware, as the case may be). Any replacement Software or hardware will be warranted similarly. The Company is not liable for any performance delays or for nonperformance due to causes beyond its reasonable control or caused by you or any third party(ies). The Company does not warrant 6) months of delivery of the Software. (c) EXCEPT FOR EXPRESS WARRANTIES STATED IN THIS SECTION 8, any provided hardware, or headsets against damage, loss, or theft. This Limited Warranty is in addition to any and all other warranties that may be passed through to the End-User by the Company from third party software vendors (e.g., Microsoft). This limited warranty is void if any failure of the Software results from any accident, abuse, misapplication, or modification of the Software by you or any third party. Headsets resold to the End-User as a service to the End-User become the property and responsibility of the End-User and may include a limited warranty from the manufacturer but will not include a separate warranty from the Company. THE ABOVE-STATED LIMITED WARRANTY AND REMEDIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, AND THE COMPANY SAP BUSINESSOBJECTS AND ITS DISTRIBUTORS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL WARRANTIES LIMITATION, ANY IMPLIED WARRANTY (I) OF NON- INFRINGEMENT, MERCHANTABILITY, AND (II) OF FITNESS FOR A PARTICULAR PURPOSE, (III) OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR (IV) AGAINST HIDDEN DEFECTS. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES. IN SUCH STATES SOME OR ALL OF , SO THE FOREGOING LIMITATIONS ABOVE EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION. YOU ACKNOWLEDGE THAT IN ENTERING INTO THIS AGREEMENT, YOU HAVE RELIED UPON YOUR OWN EXPERIENCE, SKILL AND JUDGMENT TO EVALUATE THE SOFTWARE AND THAT YOU HAVE SATISFIED YOURSELF AS TO THE SUITABILITY OF THE SOFTWARE TO MEET YOUR REQUIREMENTS.

Limited Warranty and Remedy. The Software is provided by the Company and accepted by the End-User "as is." The Company warrants only that the Software and any provided hardware Hardware will perform substantially in accordance with the Company's accompanying explanatory materials for the duration of the End-User's subscription period. The Company's sole and exclusive liability, and your exclusive remedy, for any breach of this sole warranty or this Agreement, shall be limited to (to, at the Company's option) , either the (i) replacement or (ii) the repair of the Software (or the provided hardwareHardware, as the case may be). Any replacement Software or hardware Hardware will be warranted similarly. The Company is not liable for any performance delays or for nonperformance due to causes beyond its reasonable control or caused by you or any third party(iesparty(s). The Company does not warrant the Software, any provided hardwareHardware, or headsets against damage, loss, or theft. This Limited Warranty is in addition to any and all other warranties that may be passed through to the End-User by the Company from third party software vendors (e.g., Microsoft). This limited warranty is void if any failure of the Software results from any accident, abuse, misapplication, or modification of the Software by you or any third party. Headsets are purchased by the Company and resold to the End-User as a service to the End-User and become the property and responsibility of the End-User and may include User. Headsets come with a limited warranty from the manufacturer but will not include for a separate warranty from the Companyperiod of one year of normal use. THE ABOVE-STATED LIMITED WARRANTY AND REMEDIES REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, AND THE COMPANY AND ITS DISTRIBUTORS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF NON- NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES. , HOWEVER, AND IN SUCH STATES SOME OR ALL OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Limited Warranty and Remedy. The (a) Excluding Third Party Products, Business Objects warrants to you that: (i) for a period of thirty (30) days from delivery of the Software, the Software is provided by will substantially conform to the Company functional description set forth its standard documentation; and accepted by (ii) for a period of thirty (30) days from delivery the Endphysical media (e.g., CD-User "as is." The Company warrants only that ROM) will be free from defects in materials and workmanship. Any implied warranties on the Software and any provided hardware will perform substantially in accordance with Third Party Products and media are limited to thirty (30) days from delivery, to the Company's accompanying explanatory materials for the duration extent such warranties cannot be disclaimed under Section 8(c) below. The above warranties specifically exclude defects resulting from accident, abuse, unauthorized repair, modifications, or enhancements, or misapplication. Business Objects does not warrant that use of the End-User's subscription Software will operate uninterrupted or error free. Delivery of additional copies of, or revisions or upgrades to, the Software, including releases provided under Support Services, shall not restart or otherwise affect the warranty period. The Company's sole and . (b) Your exclusive liability, and your exclusive remedy, remedy for any breach of this sole the above-stated limited warranty or this Agreementshall be, shall be limited to (at the Company's Business Objects' option) either the , either: (i) correction or replacement of the Software with product(s) which conform to the above-stated limited warranty; or (ii) repair return of the price paid for the Software and termination of this License Agreement with respect to those copies not in compliance. Such remedy shall be provided to you by Business Objects only if you give Business Objects written notice of any breach of the above-stated limited warranty, within thirty (or the provided hardware, as the case may be). Any replacement Software or hardware will be warranted similarly. The Company is not liable for any performance delays or for nonperformance due to causes beyond its reasonable control or caused by you or any third party(ies). The Company does not warrant 30) days of delivery of the Software. (c) EXCEPT FOR EXPRESS WARRANTIES STATED IN THIS SECTION 8, any provided hardware, or headsets against damage, loss, or theft. This Limited Warranty is in addition to any and all other warranties that may be passed through to the End-User by the Company from third party software vendors (e.g., Microsoft). This limited warranty is void if any failure of the Software results from any accident, abuse, misapplication, or modification of the Software by you or any third party. Headsets resold to the End-User as a service to the End-User become the property and responsibility of the End-User and may include a limited warranty from the manufacturer but will not include a separate warranty from the Company. THE ABOVE-STATED LIMITED WARRANTY AND REMEDIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, AND THE COMPANY BUSINESS OBJECTS AND ITS DISTRIBUTORS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL WARRANTIES LIMITATION, ANY IMPLIED WARRANTY (I) OF NON- INFRINGEMENT, MERCHANTABILITY, AND (II) OF FITNESS FOR A PARTICULAR PURPOSE, (III) OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR (IV) AGAINST HIDDEN DEFECTS. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES. IN SUCH STATES SOME OR ALL OF , SO THE FOREGOING LIMITATIONS ABOVE EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION. YOU ACKNOWLEDGE THAT IN ENTERING INTO THIS AGREEMENT, YOU HAVE RELIED UPON YOUR OWN EXPERIENCE, SKILL AND JUDGEMENT TO EVALUATE THE SOFTWARE AND THAT YOU HAVE SATISFIED YOURSELF AS TO THE SUITABILITY OF THE SOFTWARE TO MEET YOUR REQUIREMENTS.