Common use of Limited Warranty and Remedy Clause in Contracts

Limited Warranty and Remedy. Diskover warrants that the Software will operate in conformity with its then current standard documentation (except for minor defects or errors which are not material to its use) during Your applicable Subscription Term. If the Software does not perform in accordance with this limited warranty, upon Your written notice to Diskover, Diskover will use reasonable efforts to correct any deficiencies in the Software so that it will perform in accordance with this limited warranty. Your sole and exclusive remedy, and Diskover’s sole obligation, in the event of nonconformity of the Software with the foregoing limited warranty will be the correction of the condition 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, You may elect to terminate this Agreement. The 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 behalf Diskover; (b) not being used, installed, operated, repaired, or maintained in accordance with this Agreement and/or the Software’s applicable documentation; (c) being subjected to misuse, 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 bug, 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. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.

Limited Warranty and Remedy. Diskover DMS warrants that the Software will operate in conformity with its then current standard documentation (except for minor defects or errors which are not material to its use) during Your applicable Subscription Term. If the Software does not perform in accordance with this limited warranty, upon Your written notice to Diskover, Diskover will use reasonable efforts to correct any deficiencies in the Software so that it will not sell, or otherwise provide specific Lead information to any retail automobile dealership other than Dealership. 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 services provided hereunder with Dealership’s intended use of the same, except that DMS will perform in accordance its obligations pursuant to this agreement. 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 services provided hereunder are provided on an “As Is, As Available” basis. Furthermore, DMS reserves the right to make changes to any and all aspects of the services provided hereunder, at any time, without any obligation to notify any person or entity of such changes. To be certain that the 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 DMS owners, officers, employees or representatives have made any oral or written representations regarding the services provided hereunder which conflict with this limited warranty. Your sole Agreement or any published literature or advertising materials, such statements shall not be deemed warranties, shall not be relied upon by Dealership and exclusive remedy, and Diskover’s sole obligation, in the event shall not be deemed part of nonconformity of the Software with the foregoing limited warranty will be the correction of the condition 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, You may elect to terminate this Agreement. The foregoing limited warranty does THIS SECTION CONTAINS DMS’S ONLY WARRANTY CONCERNING THE SERVICES 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. DMS will not apply to the extent a non-conformity results from the applicable Software or be liable for any portion thereof: (a) being alteredindirect, except by or on behalf Diskover; (b) not being usedspecial, installed, operated, repairedincidental, or maintained in accordance with 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. DMS’s total liability relating to this Agreement and/or the Software’s applicable documentation; (c) being subjected to misusefor breach of contract, negligence, or accident; or (d) being used on equipment, products, or systems not meeting specifications identified by Diskover any other claim shall in no event exceed 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 bug, 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. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTIONfees DMS receives hereunder.

Limited Warranty and Remedy. Diskover PCE warrants that it is authorized to use credit report data to perform the Software will operate in conformity with its then current standard documentation (except for minor defects or errors which are not material to its use) during Your applicable Subscription TermService. If the Software does not perform in accordance with this limited PCE makes no warranty, upon Your written notice expressed or implied, including but not limited to Diskoverthe adequacy, Diskover will the merchantability and fitness for a particular purpose, nor the compatibility of the Service provided hereunder with Dealership’s intended use reasonable efforts to correct any deficiencies in of the Software so same, except that it PCE will perform in accordance with this limited warranty. Your sole and exclusive remedy, and Diskover’s sole obligation, in the event of nonconformity of the Software with the foregoing limited warranty will be the correction of the condition making it nonconforming. You agree its obligations pursuant 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, You may elect to terminate this Agreement. The foregoing limited warranty does not apply 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 extent a non-conformity results from Service, at any time, without any obligation to notify any person or entity of such changes. To be certain that the applicable Software 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 portion thereof: (a) being altered, except by oral or on behalf Diskover; (b) not being used, installed, operated, repaired, or maintained in accordance written representations regarding the Service which conflict with this Agreement and/or 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 Softwarepossibility of such damages. PCE’s applicable documentation; (c) being subjected total liability relating to misusethis Agreement for breach of contract, negligence, or accident; or (d) being used on equipment, products, or systems not meeting specifications identified by Diskover any other claim shall in no event exceed 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 bug, 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. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTIONfees PCE receives hereunder.

Limited Warranty and Remedy. Diskover DMS warrants it is authorized to use Xxxxxx Blue Book, NADA and Black Book data to perform the Program. 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 Program provided hereunder with Subscriber’s intended use of the same, except that the Software DMS will operate in conformity with perform its then current standard documentation (except for minor defects or errors which are not material obligations pursuant to its use) during Your applicable Subscription Termthis agreement. If the Software DMS does not perform in accordance 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 Program is provided on an “As Is, As Available” basis. Furthermore, DMS reserves the right to make changes to any and all Init. aspects of the Program, at any time, without any obligation to notify any person or entity of such changes. In the event any DMS owners, officers, employees or representatives have made any oral or written representations regarding the Program which conflict with this limited warrantyAgreement or any published literature or advertising materials, such statements shall not be deemed warranties, shall not be relied upon Your written notice to Diskover, Diskover will use reasonable efforts to correct any deficiencies in the Software so that it will perform in accordance with this limited warranty. Your sole by Subscriber and exclusive remedy, and Diskover’s sole obligation, in the event shall not be deemed part of nonconformity of the Software with the foregoing limited warranty will be the correction of the condition 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, You may elect to terminate this Agreement. The foregoing limited warranty does THIS SECTION CONTAINS DMS’S ONLY WARRANTY CONCERNING THE PROGRAM, 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. DMS will not apply to the extent a non-conformity results from the applicable Software or be liable for any portion thereof: (a) being alteredindirect, except by or on behalf Diskover; (b) not being usedspecial, installed, operated, repairedincidental, or maintained in accordance with 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. DMS’s total liability relating to this Agreement and/or the Software’s applicable documentation; (c) being subjected to misusefor breach of contract, negligence, or accident; or (d) being used on equipment, products, or systems not meeting specifications identified by Diskover any other claim shall in no event exceed 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 bug, 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. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTIONfees DMS receives hereunder.