Limited Warranty and Warranty Disclaimer. 10.1 Trimble 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 Trimble of such defect in writing during the thirty (30) day period.
Limited Warranty and Warranty Disclaimer. (a) EXCEPT AS SET FORTH IN THE AGREEMENT 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 WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. PROVIDER MAKES NO WARRANTY OF ANY KIND THAT THE PROVIDER IP, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CLIENT'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. ALL THIRD-PARTY MATERIALS ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD-PARTY MATERIALS IS STRICTLY BETWEEN THE CLIENT AND THE THIRD-PARTY OWNER OF DISTRIBUTOR OF THE THIRD-PARTY MATERIALS.
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.
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 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.
Limited Warranty and Warranty Disclaimer. (a) Provider warrants during the Term that the Services will materially conform with the Documentation when accessed and used by Customer in accordance with the Documentation. In the event Provider fails to satisfy this limited warranty, Provider’s sole liability and Customer’s sole remedy, shall be for Provider to use commercially reasonable efforts to correct the Services so that the Services materially conform to the Documentation.
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. 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 until the date that is six (6) months from the date that Distributor completes the installation of the Equipment for independent clinics and imaging centers. This warranty will remain in effect until the date that is (12) months from the date that Distributor completes the installation of the Equipment for hospitals and hospital owned imaging centers. In relation to the relevant spare parts, this warranty will remain in effect for sixty (60) days from the date that the installation of the Equipment is complete. 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...
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.
Limited Warranty and Warranty Disclaimer. (a) Provider warrants that the Services will conform in material respects to the service levels set forth on Provider website, xxxxxxxx.xxx, when accessed and used in accordance with the Documentation. Provider does not make any representations or guarantees regarding uptime or availability of the Services. THE FOREGOING WARRANTY DOES NOT APPLY, AND PROVIDER STRICTLY DISCLAIMS ALL WARRANTIES, WITH RESPECT TO ANY THIRD-PARTY PRODUCTS.
