Common use of Limited Warranty and Warranty Disclaimer Clause in Contracts

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.

Appears in 4 contracts

Samples: Master Service Agreement, Master Service Agreement, Master Service Agreement

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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 AS SET FORTH IN SECTION 9(a), THE GNOSIS AGREEMENT THE PROVIDER IP IS PROVIDED "AS IS" AND GNOSIS PROVIDER HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. GNOSIS 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. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 9(a), GNOSIS PROVIDER MAKES NO WARRANTY OF ANY KIND THAT THE GNOSIS PROVIDER IP, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMERCLIENT'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.

Appears in 3 contracts

Samples: Terms and Conditions, Terms and Conditions, Terms and Conditions

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 Servicesidentified. 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. Indemnification.

Appears in 2 contracts

Samples: Master Service Agreement, Master Service Agreement

Limited Warranty and Warranty Disclaimer. (a) GNOSIS Provider warrants that the it provides Cloud Services will conform in all material respects to the Scope using a commercially reasonable level of Services when accessed care and used in accordance with the Scope of Servicesskill. GNOSIS Provider does not make any representations or guarantees regarding uptime or availability of the Services unless specifically identified in the Scope of Cloud Services. THE FOREGOING WARRANTY DOES NOT APPLY, AND GNOSIS PROVIDER STRICTLY DISCLAIMS ALL WARRANTIES, WITH RESPECT TO ANY NONTHIRD-GNOSIS APPLICATIONS.PARTY PRODUCTS.‌ (b) EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 9(a), THE GNOSIS IP IS CLOUD SERVICES ARE PROVIDED "AS IS" AND GNOSIS HEREBY PROVIDER SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. GNOSIS 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. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 9(a), GNOSIS PROVIDER MAKES NO WARRANTY OF ANY KIND THAT THE GNOSIS IPCLOUD SERVICES, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER'S YOUR OR ANY OTHER PERSON'S OR ENTITY'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OF YOUR OR ANY THIRD PARTY'S SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

Appears in 2 contracts

Samples: Terms of Use, Terms of Use

Limited Warranty and Warranty Disclaimer. (a) GNOSIS warrants 1. ThreatBlockr warrants, during the Term, that the Services Software will conform in all material respects to the Scope of Services when accessed and used operate in accordance with the Scope of ServicesDocumentation in all material respects. GNOSIS ThreatBlockr does not make warrant Equipment, but will pass through to Customer, if and as permissible, any representations or guarantees regarding uptime or availability manufacturer’s warranty applicable to Equipment. ThreatBlockr’s sole obligation and Customer’s sole remedy for any breach of the Services unless specifically identified foregoing warranties shall be the repair or replacement of Software so that the Software operates in accordance with the Scope of foregoing warranty. If Customer has purchased Support Services, ThreatBlockr will provide RMA services with respect to Equipment as described in Exhibit A. 2. 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(a7(a), THE GNOSIS IP SOFTWARE AND EQUIPMENT IS PROVIDED "AS IS" AND GNOSIS ThreatBlockr HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. GNOSIS ThreatBlockr 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(a7(a), GNOSIS ThreatBlockr MAKES NO WARRANTY OF ANY KIND THAT THE GNOSIS IPSOFTWARE, EQUIPMENT, OR ANY PRODUCTS EQUIPMENT OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER'S ’S OR ANY OTHER PERSON'S ’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. 3. Customer agrees that the limitations of liability and disclaimers set forth herein will apply regardless of whether Customer has accepted the Equipment, the Software or any other Equipment or service delivered by ThreatBlockr. Customer acknowledges and agrees that ThreatBlockr has set its prices and entered into this Agreement in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that the same reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the same form an essential basis of the bargain between the parties.

Appears in 1 contract

Samples: Terms of Service

Limited Warranty and Warranty Disclaimer. (a) GNOSIS warrants that Because Beezy does not host 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 Beezy Product, Beezy does not make any representations or guarantees regarding uptime or availability of the Services unless specifically identified in the Scope of Maintenance & Support Services. The remedies set forth in the Maintenance & Support Services are Customer’s sole remedies and Xxxxx’s sole liability under the limited warranty set forth in this Section 8(a). THE FOREGOING WARRANTY DOES NOT APPLY, AND GNOSIS BEEZY STRICTLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO ANY NONTHIRD-GNOSIS APPLICATIONSPARTY PRODUCTS. (b) EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 9(a), THE GNOSIS IP BEEZY TECHNOLOGY IS PROVIDED "AS IS" AND GNOSIS “AS AVAILABLE” AND BEEZY HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. GNOSIS XXXXX 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(a8(a), GNOSIS BEEZY MAKES NO WARRANTY OF ANY KIND THAT THE GNOSIS IPBEEZY TECHNOLOGY, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER'S ’S OR ANY OTHER PERSON'S ’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICESBEEZY PRODUCTS, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.

Appears in 1 contract

Samples: Product Terms

Limited Warranty and Warranty Disclaimer. (a) GNOSIS warrants x. Xxxxxxx warrants, during the Term, that the Services Software will conform in all material respects to the Scope of Services when accessed and used operate in accordance with the Scope of ServicesDocumentation in all material respects. GNOSIS Bandura does not make warrant Equipment, but will pass through to Customer, if and as permissible, any representations or guarantees regarding uptime or availability manufacturer’s warranty applicable to Equipment. Bandura’s sole obligation and Customer’s sole remedy for any breach of the Services unless specifically identified foregoing warranties shall be the repair or replacement of Software so that the Software operates in accordance with the Scope of foregoing warranty. If Customer has purchased Support Services. THE FOREGOING WARRANTY DOES NOT APPLY, AND GNOSIS STRICTLY DISCLAIMS ALL WARRANTIES, WITH RESPECT TO ANY NON-GNOSIS APPLICATIONS.Bandura will provide RMA services with respect to Equipment as described in Exhibit A. (b) b. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 9(a7(a), THE GNOSIS IP SOFTWARE AND EQUIPMENT IS PROVIDED "AS IS" AND GNOSIS BANDURA HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. GNOSIS BANDURA 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(a7(a), GNOSIS BANDURA MAKES NO WARRANTY OF ANY KIND THAT THE GNOSIS IPSOFTWARE, EQUIPMENT, OR ANY PRODUCTS EQUIPMENT OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER'S OR ANY OTHER PERSON'S REQUIREMENTSREQUIREMENTS , 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. c. Customer agrees that the limitations of liability and disclaimers set forth herein will apply regardless of whether Customer has accepted the Equipment, the Software or any other Equipment or service delivered by Bandura. Customer acknowledges and agrees that Bandura has set its prices and entered into this Agreement in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that the same reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the same form an essential basis of the bargain between the parties.

Appears in 1 contract

Samples: Terms of Service Agreement

Limited Warranty and Warranty Disclaimer. (a) GNOSIS I.F. warrants that the SaaS Services will conform in all material respects to the Scope of Services service levels set forth in Exhibit B when accessed and used in accordance with the Scope of ServicesDocumentation and this Agreement. GNOSIS I.F. does not make any representations or guarantees regarding uptime or availability of the SaaS Services unless and to the limited extent specifically identified in Exhibit B. The remedies set forth in Exhibit B are City’s sole remedies and I.F.’s sole liability under the Scope of Serviceslimited warranty set forth in this Section 8(a). THE FOREGOING WARRANTY DOES NOT APPLYAPPLY TO, AND GNOSIS INTERPERSONAL FREQUENCY STRICTLY DISCLAIMS DISCLAIMS, ANY AND ALL WARRANTIES, WARRANTIES WITH RESPECT TO ANY NONCLOUD PROVIDER PRODUCTS OR SERVICES AND/OR THIRD-GNOSIS APPLICATIONSPARTY PRODUCTS. (b) EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 9(a8(a), THE GNOSIS INTERPERSONAL FREQUENCY IP IS PROVIDED "AS IS" AND GNOSIS INTERPERSONAL FREQUENCY HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. GNOSIS INTERPERSONAL FREQUENCY 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(a8(a), GNOSIS INTERPERSONAL FREQUENCY MAKES NO WARRANTY OF ANY KIND THAT THE GNOSIS INTERPERSONAL FREQUENCY IP, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER'S CITY’S OR ANY OTHER PERSON'S ’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.

Appears in 1 contract

Samples: Professional Services

Limited Warranty and Warranty Disclaimer. (a) GNOSIS A. EWR warrants that it provides the Services will conform in all material respects to the Scope CottonShipping Service using a commercially reasonable level of Services when accessed care 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 Servicesskill. THE FOREGOING WARRANTY DOES NOT APPLY, AND GNOSIS EWR STRICTLY DISCLAIMS ALL WARRANTIES, WITH RESPECT TO ANY NON-GNOSIS APPLICATIONSTHIRD- PARTY PRODUCTS. (b) B. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 9(a)10A, THE GNOSIS IP COTTONSHIPPING SERVICE AND ALL INFORMATION ACCESSIBLE THROUGH THE USE OF THE SERVICE IS PROVIDED "AS IS" AND GNOSIS HEREBY EWR SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. GNOSIS EWR SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-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 EWR MAKES NO WARRANTY OF ANY KIND THAT THE GNOSIS IPCOTTONSHIPPING, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER'S YOUR OR ANY OTHER PERSON'S OR ENTITY'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OF YOUR OR ANY THIRD PARTY'S SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

Appears in 1 contract

Samples: Cottonshipping Service General Subscription

Limited Warranty and Warranty Disclaimer. (a) GNOSIS Provider warrants during the Term that the Services will materially conform in all material respects to with the Scope of Services Documentation when accessed and used by Customer in accordance with the Scope of ServicesDocumentation. GNOSIS does not make any representations or guarantees regarding uptime or availability of 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 unless specifically identified in so that the Scope of Services. THE FOREGOING WARRANTY DOES NOT APPLY, AND GNOSIS STRICTLY DISCLAIMS ALL WARRANTIES, WITH RESPECT TO ANY NON-GNOSIS APPLICATIONSServices materially conform to the Documentation. (b) EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 9(a8(a), THE GNOSIS PROVIDER IP IS PROVIDED "AS IS" AND GNOSIS PROVIDER HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. GNOSIS 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. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 9(a8(a), GNOSIS PROVIDER MAKES NO WARRANTY OF ANY KIND THAT THE GNOSIS PROVIDER 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, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.

Appears in 1 contract

Samples: Cloud Services Agreement

Limited Warranty and Warranty Disclaimer. (a) GNOSIS Provider warrants that the Services will conform in all material respects to the Scope of Services when accessed service levels set forth in and used in accordance with the Scope of ServicesDocumentation. GNOSIS Provider does not make any representations or guarantees regarding uptime or availability of the Services unless specifically identified in this agreement. The remedies set forth in this agreement are Customer's sole remedies and Provider's sole liability under the Scope of Serviceslimited warranty set forth in this Section 9(a). THE FOREGOING WARRANTY DOES NOT APPLY, AND GNOSIS PROVIDER STRICTLY DISCLAIMS ALL WARRANTIES, WITH RESPECT TO ANY NONTHIRD-GNOSIS APPLICATIONSPARTY PRODUCTS. (b) EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 9(a), THE GNOSIS PROVIDER IP IS PROVIDED "AS IS" AND GNOSIS PROVIDER HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. GNOSIS 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. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 9(a), GNOSIS PROVIDER MAKES NO WARRANTY OF ANY KIND THAT THE GNOSIS PROVIDER 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, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.

Appears in 1 contract

Samples: Software as a Service Agreement

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 NUMURUS TECHNOLOGY IS PROVIDED "AS IS" AND GNOSIS “AS AVAILABLE” AND NUMURUS HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. GNOSIS NUMURUS 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 NUMURUS MAKES NO WARRANTY OF ANY KIND THAT THE GNOSIS IPNUMURUS TECHNOLOGY, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER'S ’S OR ANY OTHER PERSON'S ’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICESNUMURUS SOFTWARE, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. ADDITIONALLY, THE NUMURUS SOFTWARE WAS NOT DEVELOPED OR INTENDED FOR USE IN ANY APPLICATION IN WHICH A SERVICE INTERRUPTION, DEFECT, ERROR, OR OTHER FAILURE OF THE NUMURUS SOFTWARE COULD RESULT IN THE DEATH OR SERIOUS BODILY INJURY OF ANY PERSON OR IN PHYSICAL OR ENVIRONMENTAL DAMAGE (“HIGH-RISK USE”). ACCORDINGLY, IF CUSTOMER ELECTS TO USE THE NUMURUS SOFTWARE FOR A HIGH-RISK USE, IT DOES SO AT ITS OWN RISK.

Appears in 1 contract

Samples: Software License Agreement

Limited Warranty and Warranty Disclaimer. (a) GNOSIS Provider warrants that the Services will conform in all material respects to the Scope of Services service levels set forth in the SLSC when accessed and used in accordance with the Scope of ServicesDocumentation. GNOSIS Provider does not make any representations or guarantees regarding uptime or availability of the Services unless specifically identified in the Scope of ServicesSLSC. The remedies set forth in the SLSC are Customer's sole remedies and Provider's sole liability under the limited warranty set forth in this Section 8(a). THE FOREGOING WARRANTY DOES NOT APPLY, AND GNOSIS PROVIDER STRICTLY DISCLAIMS ALL WARRANTIES, WITH RESPECT TO ANY NON-GNOSIS APPLICATIONSTHIRD- PARTY PRODUCTS. (b) EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 9(a8(a), THE GNOSIS PROVIDER IP IS PROVIDED "AS IS" AND GNOSIS PROVIDER HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. GNOSIS 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. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 9(a8(a), GNOSIS PROVIDER MAKES NO WARRANTY OF ANY KIND THAT THE GNOSIS PROVIDER 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.

Appears in 1 contract

Samples: Software as a Service Terms of Use

Limited Warranty and Warranty Disclaimer. (a) GNOSIS Provider warrants that the Services will conform in all material respects to the Scope of Services service levels set forth on Provider website, xxxxxxxx.xxx, when accessed and used in accordance with the Scope of ServicesDocumentation. GNOSIS Provider 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 PROVIDER STRICTLY DISCLAIMS ALL WARRANTIES, WITH RESPECT TO ANY NONTHIRD-GNOSIS APPLICATIONSPARTY PRODUCTS. (b) EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 9(a8(a), THE GNOSIS PROVIDER IP IS PROVIDED "AS IS" AND GNOSIS PROVIDER HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. GNOSIS 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. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 9(a8(a), GNOSIS PROVIDER MAKES NO WARRANTY OF ANY KIND THAT THE GNOSIS PROVIDER IP, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER'S ’S OR ANY OTHER PERSON'S ’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.

Appears in 1 contract

Samples: Software as a Service Agreement

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Limited Warranty and Warranty Disclaimer. (a) GNOSIS Provider warrants during the Term that the Services will materially conform in all material respects to with the Scope of Services Documentation when accessed and used by Customer in accordance with the Scope of ServicesDocumentation. GNOSIS does not make any representations or guarantees regarding uptime or availability of 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 unless specifically identified in so that the Scope of Services. THE FOREGOING WARRANTY DOES NOT APPLY, AND GNOSIS STRICTLY DISCLAIMS ALL WARRANTIES, WITH RESPECT TO ANY NON-GNOSIS APPLICATIONSServices materially conform to the Documentation. (b) EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 9(a8(a), THE GNOSIS PROVIDER IP IS PROVIDED "AS IS" AND GNOSIS PROVIDER HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. GNOSIS PROVIDER SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-NON- INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 9(a8(a), GNOSIS PROVIDER MAKES NO WARRANTY OF ANY KIND THAT THE GNOSIS PROVIDER 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, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.

Appears in 1 contract

Samples: Cloud Services Agreement

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 Performance of Services. GNOSIS does not make Proterra warrants that it will perform Services in a professional and workmanlike manner. Customer’s sole and exclusive remedy arising out of or in connection with a breach of any representations or guarantees regarding uptime or availability of the Services unless specifically identified warranties in this Agreement is limited to re-performance of the Scope of non-conforming 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)ABOVE, THE GNOSIS IP IS Valence PLATFORM ARE PROVIDED "AS IS" AND GNOSIS HEREBY PROTERRA SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. GNOSIS PROTERRA 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 PROTERRA MAKES NO WARRANTY OF ANY KIND THAT THE GNOSIS IPVALENCE PLATFORM, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER'S YOUR OR ANY OTHER PERSON'S OR ENTITY'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OF YOUR OR ANY THIRD PARTY'S SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR ERROR- FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

Appears in 1 contract

Samples: Valence Platform Agreement

Limited Warranty and Warranty Disclaimer. (a) GNOSIS BOLO Mobile warrants that the Services will conform in all material respects to the Scope of Services service levels set forth below when accessed and used in accordance with the Scope of ServicesDocumentation. GNOSIS BOLO Mobile does not make any representations or guarantees regarding uptime or availability of the Services unless specifically identified identified. The remedies set forth herein are Customer's sole remedies and BOLO Mobile's sole liability under the limited warranty set forth in the Scope of Servicesthis Section 8(a). THE FOREGOING WARRANTY DOES NOT APPLY, AND GNOSIS BOLO MOBILE STRICTLY DISCLAIMS ALL WARRANTIES, WITH RESPECT TO ANY NON-GNOSIS APPLICATIONS.THIRD- PARTY PRODUCTS.‌ (b) EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 9(a), THE GNOSIS 8(a),THE BOLO MOBILE IP IS PROVIDED "AS IS" AND GNOSIS BOLO MOBILE HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. GNOSIS BOLO MOBILE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-NON- INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 9(a8(a), GNOSIS BOLO MOBILE MAKES NO WARRANTY OF ANY KIND THAT THE GNOSIS BOLO MOBILE 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, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.

Appears in 1 contract

Samples: Subscription Agreement

Limited Warranty and Warranty Disclaimer. (a) GNOSIS warrants that It is the sole responsibility of Customer to determine the suitability of any and all Products and Services will conform in all material respects to the Scope of Services when accessed and used in accordance with the Scope of Servicesfor Customer’s intended uses. 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 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY EQUINOX MEDIA, AND EQUINOX MEDIA GIVES OR MAKES NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NO REPRESENTATIVE OF EQUINOX MEDIA IS AUTHORIZED TO MAKE ANY OTHER REPRESENTATION OR WARRANTY OR MODIFY THE LIMITED WARRANTY OR THIS SECTION IN SECTION 9(a)ANY WAY EXCEPT IN A WRITTEN AMENDMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF EQUINOX MEDIA THAT MAKES SPECIFIC REFERENCE TO THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING, THE GNOSIS IP IS PROVIDED "AS IS" AND GNOSIS HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. GNOSIS SPECIFICALLY EQUINOX MEDIA EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND QUIET ENJOYMENT OR NON-INFRINGEMENT, AS WELL AS ALL WARRANTIES ARISING OUT OF USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE 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 IPPRODUCTS OR SERVICES, OR ANY PRODUCTS OR RESULTS OF THE USE PART THEREOF, WILL MEET CUSTOMER'S BE FREE AND CLEAR FROM ANY ADVERSE LIEN OR SECURITY INTERESTS. EQUINOX MEDIA DOES NOT WARRANT THAT THE PRODUCTS OR SERVICES, OR ANY OTHER PERSON'S REQUIREMENTSPART THEREOF, OPERATE WITHOUT INTERRUPTIONWILL BE UNINTERRUPTED, ACHIEVE ANY INTENDED RESULTSECURE, BE COMPATIBLE OR WORK WITH ANY SOFTWAREFREE OF ERRORS, SYSTEMVIRUSES, OR OTHER SERVICESHARMFUL COMPONENTS, OR AND EQUINOX MEDIA DOES NOT WARRANTY THAT ANY OF THOSE ISSUES WILL BE SECURECORRECTED. The foregoing disclaimers are in furtherance of, ACCURATEand shall not be deemed to limit, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREEany other disclaimers set forth in the Terms and Conditions.

Appears in 1 contract

Samples: Terms of Purchase and Service

Limited Warranty and Warranty Disclaimer. (a) GNOSIS Provider warrants that the Services will conform in all material respects to the Scope of Services service levels set forth in Exhibit B when accessed and used in accordance with the Scope of ServicesDocumentation. GNOSIS Provider does not make any representations or guarantees regarding uptime or availability of the Services unless specifically identified in Exhibit B. The remedies set forth in Exhibit B are Customer's sole remedies and Provider's sole liability under the Scope of Serviceslimited warranty set forth in this Section 8(a). THE FOREGOING WARRANTY DOES NOT APPLY, AND GNOSIS PROVIDER STRICTLY DISCLAIMS ALL WARRANTIES, WITH RESPECT TO ANY NONTHIRD-GNOSIS APPLICATIONSPARTY PRODUCTS. (b) EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 9(a), THE GNOSIS 8(a),THE PROVIDER IP IS PROVIDED "AS IS" AND GNOSIS PROVIDER HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. GNOSIS 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. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 9(a), GNOSIS PROVIDER MAKES NO WARRANTY OF ANY KIND THAT THE GNOSIS PROVIDER 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.

Appears in 1 contract

Samples: Software as a Service Agreement

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 Provider does not make any representations or guarantees regarding uptime or availability of the Services unless except as specifically identified set forth in Exhibit A. The remedies set forth in Exhibit A are Customer's sole remedies and Provider's sole liability under the Scope of Services. THE FOREGOING WARRANTY DOES NOT APPLY, AND GNOSIS STRICTLY DISCLAIMS ALL WARRANTIES, WITH RESPECT TO ANY NON-GNOSIS APPLICATIONSlimited warranty set forth in this Section 8(a). (b) EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 9(a8(a), THE GNOSIS IP IS SERVICES ARE PROVIDED "AS IS" AND GNOSIS PROVIDER HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. GNOSIS PROVIDER SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENTNONINFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 9(a8(a), GNOSIS PROVIDER MAKES NO WARRANTY OF ANY KIND THAT THE GNOSIS IPSERVICES, 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, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.

Appears in 1 contract

Samples: Master Service Agreement

Limited Warranty and Warranty Disclaimer. (a) GNOSIS ForceNow warrants that the Services will conform in all material respects to the Scope of Services service levels set forth in the Order when accessed and used in accordance with the Scope of ServicesDocumentation. GNOSIS ForceNow does not make any representations or guarantees regarding uptime or availability of the Services unless specifically identified in the Scope of ServicesOrder. The remedies set forth in Section 9 are Your sole remedies and ForceNow's sole liability under the limited warranty set forth in this Section 8(a). THE FOREGOING WARRANTY DOES NOT APPLY, AND GNOSIS FORCENOW STRICTLY DISCLAIMS ALL WARRANTIES, WITH RESPECT TO ANY NONTHIRD-GNOSIS APPLICATIONSPARTY PRODUCTS/SERVICES. (b) EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 9(a8(a), THE GNOSIS ALL FORCENOW IP IS PROVIDED "AS IS" AND GNOSIS FORCENOW HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. GNOSIS FORCENOW 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(a8(a), GNOSIS FORCENOW MAKES NO WARRANTY OF ANY KIND THAT THE GNOSIS FORCENOW IP, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER'S YOUR 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.

Appears in 1 contract

Samples: Master License and Services Agreement

Limited Warranty and Warranty Disclaimer. (a) GNOSIS Provider warrants that the Services will conform in all material respects to the Scope of Services service levels set forth in Exhibit B when accessed and used in accordance with the Scope of ServicesDocumentation. GNOSIS Provider does not make any representations or guarantees regarding uptime or availability of the Services unless specifically identified in Exhibit B. The remedies set forth in Exhibit B are Customer's sole remedies and Provider's sole liability under 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 set forth in this section.. (b) EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 9(a), HEREIN,THE GNOSIS PROVIDER IP IS PROVIDED "AS IS" AND GNOSIS PROVIDER HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. GNOSIS 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. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 9(a)THIS SECTION, GNOSIS ]PROVIDER MAKES NO WARRANTY OF ANY KIND THAT THE GNOSIS PROVIDER 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, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.

Appears in 1 contract

Samples: Payment Agreement

Limited Warranty and Warranty Disclaimer. (a) GNOSIS a. Pinnacle AI Warranty. Pinnacle AI warrants that the it provides Digital Services will conform in all material respects to the Scope and Professional Services using a commercially reasonable level of Services when accessed care 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 Servicesskill. THE FOREGOING WARRANTY DOES NOT APPLYAPPLY TO, AND GNOSIS PINNACLE AI STRICTLY DISCLAIMS DISCLAIMS, ALL WARRANTIES, WITH RESPECT TO ANY NONTHIRD-GNOSIS APPLICATIONSPARTY PRODUCTS. Pinnacle AI does not make any representations regarding uptime or availability of the Digital Services unless specifically identified in the applicable Product Policy. The remedies set forth in the applicable Product Policy are Customer’s sole remedies and Pinnacle AI’s sole liability under the limited warranty set forth in this Section 9(a). This limited warranty does not apply if Customer is receiving Digital Services on a free or trial basis. (b) b. Customer Warranty. You warrant that you own all right, title, and interest, including all Intellectual Property Rights, in and to Customer Data, and that both the Customer Data and your use of the Digital Services are in compliance with this Agreement. c. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 9(a), AND EXCEPT TO THE GNOSIS IP IS EXTENT PROHIBITED BY LAW, OR TO THE EXTENT STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, THE DIGITAL SERVICES ARE PROVIDED "ON AN “AS IS" ”, “AS AVAILABLE” BASIS AND GNOSIS HEREBY PINNACLE AI SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. GNOSIS PINNACLE AI 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 PINNACLE AI MAKES NO WARRANTY OF ANY KIND THAT THE GNOSIS IPDIGITAL SERVICES, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER'S YOUR OR ANY OTHER PERSON'S ’S OR ENTITY’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OF YOUR OR ANY THIRD PARTY’S SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREEERRORFREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

Appears in 1 contract

Samples: Master Services Agreement

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