LIMITED WARRANTY AND SUPPORT. 5.1 If you are using the Software on a free of charge or trial basis, the Software is provided ‘as is’ and we give no warranty in respect of the Software. 5.2 If you pay a Licence Fee for the Software, we warrant that: 5.2.1 the Software will, when properly used on an operating system for which it was designed, perform substantially in accordance with the functions described in the Documents; and 5.2.2 that the Documents correctly describe the operation of the Software in all material respects, for a period of 30 days from the Commencement Date (Warranty Period). 5.3 If, within the Warranty Period, a defect or fault in the Software arises as a result of which it fails to perform substantially in accordance with the Documents: 5.3.1 we will provide public support via the Website; or 5.3.2 if you have purchased support in accordance with clause 5.5 and you notify us via email, we will at our sole option, provide email support to either repair or replace the Software, provided that in each case you make available all the information that may be necessary to help us to remedy the defect or fault, including sufficient information to enable us to recreate the defect or fault. 5.4 The warranty does not apply: 5.4.1 if the defect or fault in the Software results from you having altered or modified the Software; or 5.4.2 if the defect or fault in the Software results from you having used the Software in breach of the terms of this Licence; or 5.4.3 if the defect or fault in the Software results from you not complying with condition 6.2 below; or 5.4.4 if the defect or fault in the Software arises from you using the Software with third party software. 5.5 We offer you the option to purchase support if you are using the Software on a free of charge basis and/or if you would like support following the end of the Warranty Period. I f you wish to purchase support, please do so through xxx.xxxxx.xx/xxxxxxx.

LIMITED WARRANTY AND SUPPORT. 6.1 We warrant that: (a) the Program will, when properly used on Devices, for which it was designed (confirming to the Minimum Specifications defined in this XXXX), perform substantially in accordance with the functions described in the Documents; and (b) that the Documents correctly describe the operation of the Program in all material respects, for a period of 90 from the date on which the Program is accessed to the Computers (Warranty Period). . 6.2 If within the Warranty Period you notify us in writing of any defect or fault in the Program as a result of which it fails to perform substantially in accordance with the Documents, you will be entitled to the replacement of the Program. 6.3 The warranty does not apply: (a) if the defect or fault in the Program or any Service results from you having altered or modified the Program; (b) if the defect or fault in the Program results from you having used the Program in breach of the terms of this XXXX; (c) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions; or (d) if you did not pay for the Program. 6.4 This warranty is in addition to your legal rights in relation to software that is faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. 6.5 THOMSON SCREENING SOLUTIONS EXPRESSLY DISCLAIMS ANY OTHER WARRANTY FOR THE PROGRAM. THE PROGRAM AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PROGRAM REMAINS WITH YOU 6.6 THOMSON SCREENING SOLUTIONS may provide you with support services related to the SOFTWARE. Use of Support Services is governed by the THOMSON SCREENING SOLUTIONS policies and programs described in online documentation, and/or other THOMSON SCREENING SOLUTIONS-provided materials, as they may be modified from time to time. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE and subject to the terms and conditions of this XXXX. With respect to technical information you provide to THOMSON SCREENING SOLUTIONS as part of the Support Services, THOMSON SCREENING SOLUTIONS may use such information for its business purposes, including for product support and development. THOMSON SCREENING SOLUT...

LIMITED WARRANTY AND SUPPORT. All manufacturers' warranties apply to equipment, product, and materials installed by Company for the Customer. Product warranty depends on the equipment, product, and materials purchased, and is the warranty of the individual manufacturer and not the warranty of MPI. MPI warranties the workmanship for INSTALLATION ONLY, for a period of twenty-four (24) months, assuming all invoices from MPI have been paid in full. This installation warranty includes any labor required aboard the Customer’s vessel, provided the vessel is brought within a 00-xxxx xxxxxx xx Xxxx Xxxxxxxxxx, Xxxxxxx. If the vessel is not brought within a 00-xxxx xxxxxx xx Xxxx Xxxxxxxxxx, Xxxxxxx, Customer agrees to assume the responsibility for all travel time and related expenses. The MPI warranty is not transferable. Except for specialized cases, the warranties of the manufacturers and MPI take effect upon the commissioning of the equipment. Damages to any of the Services performed by Company, including equipment, products, or materials installed, from acts of God, Customer and Customer’s agents, or the conduct of third parties outside the control of Company, including, but not limited to, hurricanes, tornados, floods, water damage, power surges, unusually high seas, fires, unusually high winds, and lightning, are NOT covered by the limited installation warranty provided by Company. Realignment of antennas (after a storm, high seas, etc.), after initial signoff, is billable at a rate of $120 per hour, plus travel costs and expenses if any. Replacement materials are additional and will be the responsibility of Customer. Any of the Services that have been altered by the Customer, his agents or assigns, will not be covered by this limited warranty and support policy.

LIMITED WARRANTY AND SUPPORT. 8.1 We warrant that: (a) the Application will, when properly used and on an operating system for which it was designed, perform substantially in accordance with the functions described in the Documents; and (b) that the Documents correctly describe the operation of the Application in all material respects, for a period of 90 days from the date on which the Application is downloaded to the Devices (Warranty Period). 8.2 If within the Warranty Period you notify us in writing of any defect or fault in the Application as a result of which it fails to perform substantially in accordance with the Documents, you will be entitled to download another copy of the Application or a pro rata refund of the unexpired portion of your subscription (calculated by reference to the amount you paid to use that version of the Application less a reasonable administrative fee). You will not be entitled to a refund if we are unable to replicate the defect or fault or if (in our reasonable opinion) the issue is caused by user error or user equipment. In the case of defective Services we reserve the right to offer an additional free period of Service instead of any refund. Where a refund is paid you will not be permitted to re-register for the Application (including the free version of the Application). 8.3 The warranty does not apply: (a) if the defect or fault in the Application or any Service results from you having altered or modified the Application; (b) if the defect or fault in the Application results from you having used the Application in breach of the terms of this XXXX; and (c) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions. 8.4 This warranty is in addition to your legal rights in relation to software that is faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. 8.5 If you require any technical support in relation to your use of the Application or any Service provided by us, please email us at xxxxxxx@xxxxxxxx.xxx

LIMITED WARRANTY AND SUPPORT. 6.1 We warrant that: (a) OxygenOS will, when properly used and on an operating system for which it was designed, perform substantially in accordance with the functions described in the Documents; and (b) that the Documents correctly describe the operation of OxygenOS in all material respects, for a period of ninety (90) from the date on which OxygenOS is downloaded or streamed to the Devices (Warranty Period). 6.2 If within the Warranty Period you notify us in writing of any defect or fault in the OxygenOS as a result of which it fails to perform substantially in accordance with the Documents, you will be entitled to appropriate remedies. 6.3 The warranty does not apply: (a) if the defect or fault in OxygenOS or any Service results from you having altered or modified OxygenOS; (b) if the defect or fault in OxygenOS results from you having used OxygenOS in breach of the terms of this XXXX; (c) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions; and (d) if the defect to OxygenOS was caused by downloading or accessing third- party applications. 6.4 This warranty is in addition to your legal rights in relation to software that is faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. 6.5 We support OxygenOS by providing frequent over-the-air (OTA) updates to fix known issues in the software and to add new features based on market demand. Customer support agents are trained on software features and debugging techniques and can provide the necessary troubleshooting tips. 6.6 You acknowledge that the OxygenOS has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the OxygenOS as described in the Documents meet your requirements. 6.7 We only supply the OxygenOS and Documents for domestic and private use. You agree not to use the OxygenOS and Documents for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 6.8 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this XXXX or our negligence up to the limit specified in condition 6.9, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were ...

LIMITED WARRANTY AND SUPPORT

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Limited Warranty Seller warrants to Customer for a period of twelve (12) months following delivery only that (a) the Products shall conform to the description and specifications, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liens, security interests or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATES.
Limited Warranties State Street represents and warrants that it is the owner of and has the right to grant access to the System and to provide the Remote Access Services contemplated herein. Because of the nature of computer information technology including, but not limited to, the use of the Internet, and the necessity of relying upon third party sources, and data and pricing information obtained from third parties, the System and Remote Access Services are provided “AS IS”, and the Customer and its Authorized Designees shall be solely responsible for the investment decisions, results obtained, regulatory reports and statements produced using the Remote Access Services. State Street and its relevant licensors will not be liable to the Customer or its Authorized Designees for any direct or indirect, special, incidental, punitive or consequential damages arising out of or in any way connected with the System or the Remote Access Services, nor shall either party be responsible for delays or nonperformance under this Addendum arising out of any cause or event beyond such party’s control. State Street will take reasonable steps to ensure that its products (and those of its third-party suppliers) reflect the available state of the art technology to offer products that are Year 2000 compliant, including, but not limited to, century recognition of dates, calculations that correctly compute same century and multi century formulas and date values, and interface values that reflect the date issues arising between now and the next one-hundred years, and if any changes are required, State Street will make the changes to its products at no cost to you and in a commercially reasonable time frame and will require third-party suppliers to do likewise. The Customer will do likewise for its systems. EXCEPT AS EXPRESSLY SET FORTH IN THIS ADDENDUM, STATE STREET, FOR ITSELF AND ITS RELEVANT LICENSORS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES CONCERNING THE SYSTEM AND THE SERVICES TO BE RENDERED HEREUNDER, WHETHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. State Street will defend or, at our option, settle any claim or action brought against the Customer to the extent that it is based upon an assertion that access to the System or use of the Remote Access Services by the Customer under this Addendum constitutes direct infringement of any patent or copyright or misappropriation of a trade secret, provided that the Customer notifies State Street promptly in writing of any such claim or proceeding and cooperates with State Street in the defense of such claim or proceeding. Should the System or the Remote Access Services or any part thereof become, or in State Street’s opinion be likely to become, the subject of a claim of infringement or the like under any applicable patent or copyright or trade secret laws, State Street shall have the right, at State Street’s sole option, to (i) procure for the Customer the right to continue using the System or the Remote Access Services, (ii) replace or modify the System or the Remote Access Services so that the System or the Remote Access Services becomes noninfringing, or (iii) terminate this Addendum without further obligation.
Customer Warranties Customer warrants that (i) if an entity, it is duly organized and validly existing in good standing; (ii) it is duly authorized to execute, deliver, and perform its obligations under this Agreement; (iii) when duly executed and delivered by each Party, the Agreement will constitute Customer’s legal, valid, and binding obligation, enforceable against it in accordance with its terms; (iv) it is not insolvent and is paying all of its debts as they become due; (v) any payments made pursuant to the Agreement are intended by it to be a substantially contemporaneous exchange for new value given to it; (vi) each payment made of a debt incurred by it under this Agreement is or was in the ordinary course of its business or financial affairs, and (vii) all information supplied by Customer is complete and accurate.
Supplier Warranties The warranties made by Supplier with respect to each Product are solely those that are contained in the product insert accompanying such Product. No other affirmation of fact or promise made by Distributor or its Suppliers, whether or not in this Agreement, by words or action shall constitute a warranty. The foregoing warranty does not extend to any Product that is modified or altered, or treated with abuse, negligence or other improper treatment. Standard Limited Warranty. Distributor shall pass on to Subdistributor so that it may pass on to the customers the Supplier’s standard limited warranty for Products, including limitations set for in subsection (b) Limitation of Liability and Warranty below. Except for the stated warranty set forth on, or included with, the Products as delivered to the Subdistributor and /or its customers, the warranty and remedy set forth in this 0 are exclusive and all other warranties, guarantees or representations, express or implied, by Distributor’s Suppliers with respect to the applicable Products, including, without limitation, warranties of merchantability and fitness for particular purpose, and any other obligation or liability of Distributor and its Suppliers to Subdistributor or to any third party with respect to the Products, are hereby excluded. This warranty is contingent upon proper use of a Product in the application for which such Product was intended and does not cover Products that were modified without Distributor or its Supplier’s prior written approval, that have expired or that were subjected to physical, chemical or electrical stress that the products were not originally designed for.
Limited Warranty and Limitation of Liability Veeam warrants that it has the right and authority to grant the License under this XXXX. Veeam will defend or, at its option, settle any action against End User based upon a claim that its use of the Software infringes any patent, copyright or other intellectual property right of a third party, and will indemnify End User against any amounts awarded against End User as a result of the claim, provided Veeam is promptly notified of the assertion of the claim and has control of its defense or settlement. Veeam warrants that the Software, in its unmodified form as initially delivered or made available to End User, will perform substantially in accordance with the Documentation for a warranty period of ninety (90) days from the date the Software is delivered to End User. In the event the Software fails in a material respect to operate in accordance with the Documentation during the warranty period and Veeam is unable to correct the defect, Veeam’s sole and exclusive liability and End User’s sole and exclusive remedy shall be a refund of the License fee, if any, paid by End User for the Software. In the event a reported problem with the Software is End User’s fault, End User agrees to reimburse Veeam for its correction efforts in accordance with its then standard rates. The foregoing limited warranty will not apply if failure of the Software is the result of damage or misuse caused by End User. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, THE SOFTWARE IS PROVIDED 'AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY THAT THE SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VEEAM OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY VEEAM DISTRIBUTORS OR RESELLERS, SHALL CREATE ANY WARRANTY IN ADDITION TO, OR IN ANY WAY INCREASE THE SCOPE OF, THE LIMITED WARRANTY. In no event will Veeam, its affiliates, resellers, or distributors or suppliers be liable for any indirect, special, incidental or consequential damages arising out of the use of or inability to use the Software, including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereof.
Disclaimer of Implied Warranties The warranty set forth herein is in lieu of, and ‘Reseller’ expressly disclaims all other product warranties of any kind whatsoever whether express, implied, statutory, arising by course of dealing or performance, custom, usage in the trade or otherwise, any warranty of merchantability, or fitness for a particular purpose, and in any event no such implied warranty has applicability beyond the time period covered by this warranty.
Customer Warranty Customer’s and its End Users’ use of the Services must always comply with all applicable Laws and this Agreement.
Exclusion of Implied Warranties etc This Agreement expressly excludes any warranty, condition or other undertaking implied at law or by custom or otherwise arising out of any other agreement between the Parties and any representation by any Party not contained in a binding legal agreement executed by the Parties.
Limited Warranty and Disclaimer a. Except with respect to Trial / Demo Version, Non-commercial Lite Version and Not For Resale Version of the Software, PremiumSoft warrants that, for a period of thirty (30) days from the date of delivery (as evidenced by a copy of your receipt): the physical media on which the Software is furnished will be free from defects in materials and workmanship under normal use. The Software is provided "as is". PremiumSoft makes no warranties, express or implied, arising from course of dealing or usage of trade, or statutory, as to any matter whatsoever. b. PremiumSoft provides no remedies or warranties, whether express or implied, for Trial / Demo version, Non-commercial Lite version and the Not for Resale version of the Software. Trial / Demo version, Non-commercial Lite version and the Not for Resale version of the Software are provided "as is". c. Except as set Forth in the foregoing limited warranty with respect to software other than Trial/ Demo version, Non-commercial Lite version and Not for Resale version, PremiumSoft and its suppliers disclaim all other warranties and representations, whether express, implied, or otherwise, including the warranties of merchantability or fitness for a particular purpose. Also, there is no warranty of non-infringement and title or quiet enjoyment. PremiumSoft does not warrant that the Software is error-free or will operate without interruption. The Software is not designed, intended or licensed for use in hazardous environments requiring fail-safe controls, including without limitation, the design, construction, maintenance or operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, and life support or weapons systems. PremiumSoft specifically disclaims any express or implied warranty of fitness for such purposes. d. If applicable law requires any warranties with respect to the Software, all such warranties are limited in duration to thirty (30) days from the date of delivery. e. No oral or written information or advice given by PremiumSoft, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of ANY warranty PROVIDED HEREIN.
Product and Service Warranties 21- SECTION 3.30

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