Limited Warranty and Warranty Disclaimer. (a) GNOSIS warrants that the Services will conform in all material respects to the Scope of Services when accessed and used in accordance with the Scope of Services. GNOSIS does not make any representations or guarantees regarding uptime or availability of the Services unless specifically identified in the Scope of Services. THE FOREGOING WARRANTY DOES NOT APPLY, AND GNOSIS STRICTLY DISCLAIMS ALL WARRANTIES, WITH RESPECT TO ANY NON-GNOSIS APPLICATIONS.
(b) EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 9(a), THE GNOSIS IP IS PROVIDED "AS IS" AND GNOSIS HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. GNOSIS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 9(a), GNOSIS MAKES NO WARRANTY OF ANY KIND THAT THE GNOSIS IP, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER'S OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.
Limited Warranty and Warranty Disclaimer. 10.1 Xxxxxxx warrants that the media on which the Software is provided is free from defects in materials and workmanship under normal use for a period of thirty (30) days from the date of delivery. Trimble shall, at its option, replace or remedy any defective media on which the Software is provided free of charge, provided that You shall notify Xxxxxxx of such defect in writing during the thirty (30) day period.
10.2 Xxxxxxx warrants that the Software will operate in substantial conformity with its applicable Documentation for a period of thirty (30) days from delivery (“Warranty Period”). Your sole and exclusive remedy and the sole liability of Trimble and its suppliers for any breach of this warranty shall be, at Xxxxxxx’x option and expense, for Xxxxxxx to repair the Error (by providing You with instructions to bypass the Error or a maintenance release), to replace the Software, or terminate the applicable License and refund the License Fees paid for relevant Software. The aforesaid limited warranty is provided to You on the condition that You notify Xxxxxxx in writing of the Error during the Warranty Period and upon request provide Xxxxxxx with proof of purchase or product registration from an Authorized Distributor. The foregoing limited warranty shall not apply to, and Trimble shall not be liable for any Errors caused by or resulting from (i) Equipment, (ii) non-compliance with use requirements set forth in the Documentation or other incorrect use of the Software, (iii) any modification of Software by You or any third party, and (iv) any other acts or omission by You or a third party. Additionally, the foregoing limited warranty shall not apply to any License provided on a no-charge or evaluation basis.
10.3 EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN CLAUSE 10.2, THE SOFTWARE IS PROVIDED “AS IS”. NEITHER XXXXXXX NOR ITS SUPPLIERS MAKES ANY OTHER WARRANTIES IN RELATION TO THE SOFTWARE OR THE DOCUMENTATION, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. IN PARTICULAR, XXXXXXX DOES NOT WARRANT THAT THE SOFTWARE WILL: (A) BE SUITABLE FOR THE US...
Limited Warranty and Warranty Disclaimer a. Bonitasoft warrants that during the applicable license term, the Bonitsoft Software will perform in all material respects in accordance with its documentation and any specifications contained therein, and that the documentation is reasonably accurate and complete, and meets prevailing industry standards. In the event of a breach of the foregoing warranty, Bonitasoft agrees to correct any non-compliance of the Software, provided that if Bonitasoft is unable to correct such non-compliance within 30 days, then Bonitasoft shall refund to Customer any pre-paid but unused fees paid for the defective Software.
b. Bonitasoft represents and warrants that (i) it will provide within thirty (30) days of execution a complete list of any Open Source Software, along with the applicable licenses, that is included in any Bonitasoft Software delivered to Customer here under and (ii) none of the Bonitasoft Software provided to Customer hereunder will, when used in accordance with the licenses granted herein, subject any of Company’s software to any Prohibited Open Source License. For purposes of this Section 9.b.: (1) “Open Source Software” means individual software components for which the source code is made generally available, and that are licensed under the terms of various published open source software license agreements or copyright notices accompanying such software components and (2) “Prohibited Open Source License” means any license to Open Source Software requiring, as a condition of use, modification and/or distribution that the software or other software combined and/or distributed with it be (a) disclosed or distributed in source code form, (b) licensed for the purpose of making derivative works or (b) redistributable at no charge.
Limited Warranty and Warranty Disclaimer. (a) Provider warrants that it provides Cloud Services using a commercially reasonable level of care and skill. THE FOREGOING WARRANTY DOES NOT APPLY, AND PROVIDER STRICTLY DISCLAIMS ALL WARRANTIES, WITH RESPECT TO ANY THIRD-PARTY PRODUCTS.
Limited Warranty and Warranty Disclaimer. The Licensee acknowledges and agrees that Totalmobile exercises no control over, and accepts no responsibility for, the content of the information passing through Totalmobile’s Network, host computers, network hubs and points of presence or the Internet.
Limited Warranty and Warranty Disclaimer. The software provided hereunder is provided “as is”. The Supplier expressly warrants that it is the owner or licensee of the Software, including any and all copyrights and trade secrets, and has the right and authority to enter into this agreement in accordance with the terms herein. Except as may be provided in another written agreement between the Supplier and the Client, the foregoing warranty is exclusive of all other warranties, whether written, oral, express or implied, including but not limited to any warranty of non-infringement of third party patent rights and the implied warranties of merchantability or fitness for a particular purpose. The Supplier does not warrant that the Software will meet your requirements, or that the operation thereof will be uninterrupted or error-free.
Limited Warranty and Warranty Disclaimer. Seller warrants to Distributor and Customers that the Equipment and relevant spare parts will at the time of delivery to Distributor or Customer, whichever is later, meet in full the Equipment’s published specifications and be free from any defects in quality, materials, design and/or workmanship. In relation to the Equipment, this warranty will remain in effect for fifteen (15) months from the shipment of the Equipment or twelve (12) months from the date of customer acceptance of installed Equipment, whichever is shorter. In relation to the relevant spare parts, this warranty will remain in effect for twelve (12) months from the date of shipment of the spare parts or six (6) months from the date that the installation of the spare parts is completed, whichever is shorter. Seller will provide to Distributor parts to repair or replace the defective Equipment to meet the warranted specifications and correct the defect. Upon reasonable request by Distributor, Seller may provide onsite labor (both for Distributor’s demonstration site and Customer’s site) to repair or replace the defective Equipment, of which onsite support, labor, and associated costs (i.e., travel) will be billed separately from the payment obligations under the terms of this Agreement. If Seller fails to comply with its warranty obligations stated in this Section 8, Distributor shall provide a written report of such non-compliance to Seller, which Seller shall evaluate the nature of the non- compliance. If Seller fails to cure such non-compliance within thirty (30) days, Distributor shall have the right to request removal of the non-conforming Equipment and refund of all amounts paid to Seller, provided, however, that before exercising such right, Distributor shall provide Seller with thirty (30) days’ prior written notice. If Seller fails to remedy the non-conformity and defect within such thirty days, Distributor will then have the right to request removal of the non-conforming Equipment as stated above. Seller shall refund the amount paid by Distributor for the removed Equipment no later than thirty (30) days from the date of Distributor’s removal of the Equipment. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS SECTION 8, SELLER MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE EQUIPMENT. UNLESS OTHERWISE EXPLICITLY STATED IN THIS SECTION 8, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE EQUIPMENT IS PROVIDED BY SELLER ON AN “...
Limited Warranty and Warranty Disclaimer a. Each Party represents and warrants to the other Party that (i) it is duly orga- nized, validly existing, and in good standing as a corporation or other entity under the Laws of the jurisdiction of its incorporation or other organization; and (ii) it has the full right, power, and authority to enter into and perform its obligations and grant the rights, licenses, consents, and authorizations it grants or is required to grant under this Agreement.
b. Provider warrants that the Services will substantially conform in all material respects to the Documentation when operated and used as recommended in the Documentation and in accordance with this Agreement. Customer’s sole and exclusive remedy for any breach of the limited warranty set forth herein shall be to notify Provider of the specific non-conformity, in which case, Provider shall use commercially reasonable efforts to correct such non-conformity and make the corrected Services available to Customer. Notwithstanding any provisions to the contrary in this Agreement, the limit- ed warranty set forth herein does not apply to issues arising out of or relat- ing to Customer’s or any third party’s negligence, abuse, misapplication, or misuse of the Services, including any use of the Services other than as specified in the Documentation. THE FOREGOING WARRANTY DOES NOT APPLY, AND PROVIDER STRICTLY DISCLAIMS ALL WARRANTIES, WITH RESPECT TO ANY THIRD-PARTY PRODUCTS.
c. Customer represents, warrants, and covenants to that: (i) Customer’s use of the Services shall comply with all applicable laws, rules, regulations, ordi- nances, and governmental guidance; and (ii) Customer owns or otherwise has and will have the necessary rights and consents in and relating to the Customer Data so that, as received by Provider and processed in accor- dance with this Agreement, the Customer Data does not and will not in- fringe, misappropriate, or otherwise violate any intellectual property rights or any privacy or other rights of any third party or violate any applicable law.
d. EXCEPT FOR THE LIMITED WARRANTIES SET FORTH IN SECTIONS 7(a) AND 7(b), THE PROVIDER IP IS PROVIDED “AS IS” AND PROVIDER HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. PROVIDER SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRAN- TIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EXCEPT FOR THE LIMITED WARRANTIES SET ...
Limited Warranty and Warranty Disclaimer. (a) Provider warrants that it provides Services using a commercially reasonable level of care and skill. THE FOREGOING WARRANTY DOES NOT APPLY, AND PROVIDER STRICTLY DISCLAIMS ALL WARRANTIES, WITH RESPECT TO ANY THIRD-PARTY PRODUCTS.
Limited Warranty and Warranty Disclaimer. (a) We warrant that the DCMS Services shall materially conform to the Documentation when used by you in accordance with these Terms of Service. THE FOREGOING WARRANTY DOES NOT APPLY, AND WE STRICTLY DISCLAIM ALL WARRANTIES, WITH RESPECT TO ANY THIRD-PARTY PRODUCTS. In the event of any breach of the foregoing warranty, as your sole and exclusive remedy and our sole and exclusive obligation, we will use commercially reasonable efforts to promptly correct any failure of the DCMS Services to conform to the Documentation at our expense provided that (a) you promptly notify us of the failure to conform to specifications upon becoming aware of the same, and (b) the failure to conform is not due to any modifications or misuse of the DCMS Services by you, or your failure to operate the DCMS Services using the recommended hardware and software environment. If we are unable to correct the non-conformance within a commercially reasonable period of time, you shall have the right to terminate these Terms of Service and your use of the DCMS Services upon written notice to us and we will refund to you any prepaid Subscription Fees relating to periods after the date you notified us of the failure of the DCMS Services to comply with the Documentation.
