Common use of Limited Warranty and Remedy Clause in Contracts

Limited Warranty and Remedy. PCE warrants it is authorized to use credit report data to perform the Service. PCE makes no warranty, expressed or implied, including but not limited to the adequacy, the merchantability and fitness for a particular purpose, nor the compatibility of the Service provided hereunder with Dealership’s intended use of the same, except that PCE will perform its obligations pursuant to this Agreement. The Service is provided on an “As Is, As Available” basis. Furthermore, PCE reserves the right to make changes to any and all aspects of the Service, at any time, without any obligation to notify any person or entity of such changes. To be certain that the Service complies with federal, state, and local law, Dealership must consult with and obtain the opinion of the attorney of its choice and at its own expense. In the event any PCE owners, officers, employees or representatives have made any oral or written representations regarding the Service which conflict with this Agreement or any published literature or advertising materials, such statements shall not be deemed warranties, shall not be relied upon by Dealership and shall not be deemed part of this Agreement. THIS SECTION CONTAINS PCE’S ONLY WARRANTY CONCERNING THE SERVICE, AND IS MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS, ARISING BY CONTRACT OR BY LAW, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE, WHICH WARRANTIES AND REPRESENTATIONS ARE HEREBY DISCLAIMED. PCE will not be liable for any indirect, special, incidental, or consequential damages, including, but not limited to lost profits or exemplary damages, whether due to negligence or other form of tort or contractual liability, even if we have been advised of the possibility of such damages. PCE’s total liability relating to this Agreement for breach of contract, negligence, or any other claim shall in no event exceed the fees PCE receives hereunder.

Limited Warranty and Remedy. PCE Both parties hereto agreeing that this is not a consumer contract, LICENSOR warrants it is authorized that for sixty (60) days after purchase of LICENSE by the LICENSEE, SOFTWARE shall reasonably perform in accordance with the accompanying documentation (manuals and computer aided instructions). LICENSOR specifically DOES NOT warrant that SOFTWARE will operate uninterrupted or error free. (i) correct demonstrable and significant program errors. (ii) provide the LICENSEE with functionally equivalent software, or (iii) provide or authorise a refund. THE LICENSOR’S LIMITED WARRANTY SET FORTH ABOVE IS IN LIEU OF ANY OTHER WARRANTIES. LICENSOR DISCLAIMS ANY IMPLIED WARRANTY INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABLILITY. LICENSOR DISCLAIMS ALL OTHER WARRANTIES INCLUDING, BUT NOT LIMITED TO, THOSE MADE BY DISTRIBUTORS OF LICENSOR’S SOFTWARE, BUT DOES ATTEMPT TO DISCLAIM OR EXCLUDE LIABILITY FOR PERSONAL INJURIES WHERE THE LICENSOR HAS AN OBLIGATION FOR SAME UNDER LAW. A. In no event shall LICENSOR become liable to use credit report data to perform the Service. PCE makes no warrantyLICENSEE, expressed or impliedany other party, for any loss or damages, consequential or otherwise, including but not limited to time, money or goodwill arising from the adequacyuse, operation or modification of SOFTWARE by LICENSEE. LICENSEE further agrees to indemnify, defend and hold harmless, its agents or employees from and LICENSOR against all loss or expense resulting from liability of any nature arising or resulting from the merchantability and fitness for a particular purposeacts or omissions of LICENSEE, nor the compatibility its employees or agents, in its use, possession or operation of SOFTWARE. B. If any of the Service provided hereunder provisions, or portion thereof, of this Agreement is invalid under any applicable statute of law, they are to that extent to be deemed omitted. This Agreement shall constitute the entire agreement between the parties hereto with Dealership’s intended use respect to the subject matter hereof, and shall supersede all oral, promotional or advertising presentations. This Agreement may not be modified except in writing signed by an authorised representative of the same, except that PCE will perform its obligations pursuant to this AgreementLICENSOR. The Service is provided on an “As Is, As Available” basisprevailing party in the legal action brought to construe the terms of or enforce this Agreement shall be entitled to reasonable legal fees and costs. Furthermore, PCE reserves the right to make changes to any and all aspects of the Service, at any time, without any obligation to notify any person or entity of such changes. To be certain that the Service complies with federal, state, and local law, Dealership must consult with and obtain the opinion of the attorney of its choice and at its own expense. In the event any PCE owners, officers, employees or representatives have made any oral or written representations regarding the Service which conflict with Under no circumstances shall this Agreement or any published literature or advertising materials, such statements shall not be deemed warranties, shall not be relied upon by Dealership and shall not be deemed part of this Agreement. THIS SECTION CONTAINS PCE’S ONLY WARRANTY CONCERNING THE SERVICE, AND IS MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS, ARISING BY CONTRACT OR BY LAW, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE, WHICH WARRANTIES AND REPRESENTATIONS ARE HEREBY DISCLAIMED. PCE will not be liable for any indirect, special, incidental, or consequential damages, including, but not limited to lost profits or exemplary damages, whether due to negligence or other form of tort or contractual liability, even if we have been advised of the possibility rights granted to LICENSEE hereunder be sold, assigned or sub-licensed, voluntarily or by operation of such damages. PCE’s total liability relating law, to this Agreement for breach of contract, negligence, or any other claim person or entity, and any such purported sale, assigned or sublicenses shall in no event exceed the fees PCE receives hereunderbe void.

Limited Warranty and Remedy. PCE Diskover warrants it is authorized that the Software will operate in conformity with its then current standard documentation (except for minor defects or errors which are not material to use credit report data to its use) during Your applicable Subscription Term. If the Software does not perform the Service. PCE makes no in accordance with this limited warranty, expressed or impliedupon Your written notice to Diskover, including but not Diskover will use reasonable efforts to correct any deficiencies in the Software so that it will perform in accordance with this limited to warranty. Your sole and exclusive remedy, and Diskover’s sole obligation, in the adequacy, the merchantability and fitness for a particular purpose, nor the compatibility event of nonconformity of the Service provided hereunder Software with Dealership’s intended use the foregoing limited warranty will be the correction of the samecondition making it nonconforming. You agree to provide all information reasonably requested to enable Diskover to cure the non-conformity. If Diskover is unable to provide such a correction within thirty (30) days of receipt of notice of the applicable non-conformity, except that PCE will perform its obligations pursuant You may elect to terminate this Agreement. The Service is provided foregoing limited warranty does not apply to the extent a non-conformity results from the applicable Software or any portion thereof: (a) being altered, except by or on an “As Isbehalf Diskover; (b) not being used, As Available” basis. Furthermoreinstalled, PCE reserves the right to make changes to any and all aspects of the Serviceoperated, at any timerepaired, without any obligation to notify any person or entity of such changes. To be certain that the Service complies with federal, state, and local law, Dealership must consult with and obtain the opinion of the attorney of its choice and at its own expense. In the event any PCE owners, officers, employees or representatives have made any oral or written representations regarding the Service which conflict maintained in accordance with this Agreement or any published literature or advertising materials, such statements shall not be deemed warranties, shall not be relied upon by Dealership and shall not be deemed part of this Agreement. THIS SECTION CONTAINS PCE’S ONLY WARRANTY CONCERNING THE SERVICE, AND IS MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS, ARISING BY CONTRACT OR BY LAW, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE, WHICH WARRANTIES AND REPRESENTATIONS ARE HEREBY DISCLAIMED. PCE will not be liable for any indirect, special, incidental, or consequential damages, including, but not limited and/or the Software’s applicable documentation; (c) being subjected to lost profits or exemplary damages, whether due to negligence or other form of tort or contractual liability, even if we have been advised of the possibility of such damages. PCE’s total liability relating to this Agreement for breach of contractmisuse, negligence, or accident; or (d) being used on equipment, products, or systems not meeting specifications identified by Diskover in the applicable documentation. Additionally, the foregoing warranty only applies when notice of a warranty claim is provided to Diskover during the applicable Subscription Term, and does not apply to any other claim shall in no event exceed the fees PCE receives hereunderbug, defect or error caused by or attributable to software or hardware not supplied by Diskover. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES APPLICABLE TO THE SOFTWARE ARE LIMITED IN DURATION TO THE SUBSCRIPTION TERM, AND DO NOT APPLY TO AN EVALUATION LICENSE.

Limited Warranty and Remedy. PCE DMS warrants it is authorized to use credit report Xxxxxx Blue Book, NADA and Black Book data to perform the ServiceProgram. PCE DMS makes no warranty, expressed or implied, including but not limited to the adequacy, the merchantability and fitness for a particular purpose, nor the compatibility of the Service Program provided hereunder with DealershipSubscriber’s intended use of the same, except that PCE DMS will perform its obligations pursuant to this Agreementagreement. DMS does not warrant or guarantee that Subscriber that a specific number of vehicle sales transactions or specific profit per vehicle sale, if any, will be realized by Subscriber as a result of the Program. The Service Program is provided on an “As Is, As Available” basis. Furthermore, PCE DMS reserves the right to make changes to any and all aspects of the ServiceProgram, at any time, without any obligation to notify any person or entity of such changes. To be certain that the Service complies with federal, state, and local law, Dealership must consult with and obtain the opinion of the attorney of its choice and at its own expense. In the event any PCE DMS owners, officers, employees or representatives have made any oral or written representations regarding the Service Program which conflict with this Agreement or any published literature or advertising materials, such statements shall not be deemed warranties, shall not be relied upon by Dealership Subscriber and shall not be deemed part of this Agreement. THIS SECTION CONTAINS PCEDMS’S ONLY WARRANTY CONCERNING THE SERVICEPROGRAM, AND IS MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS, ARISING BY CONTRACT OR BY LAW, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE, WHICH WARRANTIES AND REPRESENTATIONS ARE HEREBY DISCLAIMED. PCE DMS will not be liable for any indirect, special, incidental, or consequential damages, including, but not limited to lost profits or exemplary damages, whether due to negligence or other form of tort or contractual liability, even if we have been advised of the possibility of such damages. PCEDMS’s total liability relating to this Agreement for breach of contract, negligence, or any other claim shall in no event exceed the fees PCE DMS receives hereunder.

Limited Warranty and Remedy. PCE DMS warrants that it is authorized will not sell, or otherwise provide specific Lead information to use credit report data to perform the Serviceany retail automobile dealership other than Dealership. PCE DMS makes no warranty, expressed or implied, including but not limited to the adequacy, the merchantability and fitness for a particular purpose, nor the compatibility of the Service services provided hereunder with Dealership’s intended use of the same, except that PCE DMS will perform its obligations pursuant to this Agreementagreement. DMS does not warrant or represent that a Lead will meet a particular InstantScreen tier. DMS does not warrant or guarantee that Dealership that a specific number of vehicle sales transactions, if any, will be realized by Dealership as a result of the services provided hereunder. The Service is services provided hereunder are provided on an “As Is, As Available” basis. Furthermore, PCE DMS reserves the right to make changes to any and all aspects of the Serviceservices provided hereunder, at any time, without any obligation to notify any person or entity of such changes. To be certain that the Service complies services provided hereunder comply with federal, state, and local law, Dealership must consult with and obtain the opinion of the attorney of its choice and at its own expense. In the event any PCE DMS owners, officers, employees or representatives have made any oral or written representations regarding the Service services provided hereunder which conflict with this Agreement or any published literature or advertising materials, such statements shall not be deemed warranties, shall not be relied upon by Dealership and shall not be deemed part of this Agreement. THIS SECTION CONTAINS PCEDMS’S ONLY WARRANTY CONCERNING THE SERVICESERVICES PROVIDED HEREUNDER, AND IS MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS, ARISING BY CONTRACT OR BY LAW, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE, WHICH WARRANTIES AND REPRESENTATIONS ARE HEREBY DISCLAIMED. PCE will not be liable for any indirect, special, incidental, or consequential damages, including, but not limited to lost profits or exemplary damages, whether due to negligence or other form of tort or contractual liability, even if we have been advised of the possibility of such damages. PCE’s total liability relating to this Agreement for breach of contract, negligence, or any other claim shall in no event exceed the fees PCE receives hereunder.WARRANTIES