Common use of Limited Warranty and Warranty Disclaimer Clause in Contracts

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 USE INTENDED BY YOU; (B) OPERATE IN AN UNINTERRUPTED OR ERROR FREE MANNER, OR THAT XXXXXXX OR ANY THIRD PARTY WILL CORRECT ANY ERRORS OR RESOLVE ANY SUPPORT REQUESTS RELATING TO THE SOFTWARE; (C) INTERACT WITH SOFTWARE PRODUCTS OTHER THAN THOSE SPECIFIED IN THE DOCUMENTATION; OR (D) OPERATE WITH HARDWARE OR HARDWARE CONFIGURATIONS OTHER THAN MEETING THE MINIMUM REQUIREMENTS SET FORTH IN THE DOCUMENTATION.

Limited Warranty and Warranty Disclaimer. 10.1 Xxxxxxx 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 Xxxxxxx Trimble of such defect in writing during the thirty (30) day period. 10.2 Xxxxxxx Trimble warrants that the Software will operate in substantial conformity with its applicable Documentation for a period of thirty ninety (3090) days from delivery (“Warranty Period”). Your sole and exclusive remedy and the sole soly liability of Trimble and its suppliers for any breach of this warranty shall be, at Xxxxxxx’x option and expense, for Xxxxxxx Trimble 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 Trimble in writing of the Error during the Warranty Period and upon request provide Xxxxxxx Trimble with proof of purchase or product registration from an Authorized Distributorauthorized source. 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 TRIMBLE 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 TRIMBLE DOES NOT WARRANT THAT THE SOFTWARE WILL: (A) BE SUITABLE FOR THE USE INTENDED BY YOU; (B) OPERATE IN AN UNINTERRUPTED OR ERROR FREE MANNER, OR THAT XXXXXXX TRIMBLE OR ANY THIRD PARTY WILL CORRECT ANY ERRORS ERRORS, OR RESOLVE ANY SUPPORT REQUESTS RELATING TO THE SOFTWARE; (C) INTERACT WITH SOFTWARE PRODUCTS OTHER THAN THOSE SPECIFIED IN THE DOCUMENTATION; OR (D) OPERATE WITH HARDWARE OR HARDWARE CONFIGURATIONS OTHER THAN MEETING THE MINIMUM REQUIREMENTS SET FORTH IN THE DOCUMENTATION.

Limited Warranty and Warranty Disclaimer. 10.1 Xxxxxxx 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 Xxxxxxx Trimble of such defect in writing during the thirty (30) day period. 10.2 Xxxxxxx Trimble 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 Trimble 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 Trimble in writing of the Error during the Warranty Period and upon request provide Xxxxxxx Trimble 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 TRIMBLE 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 TRIMBLE DOES NOT WARRANT THAT THE SOFTWARE WILL: (A) BE SUITABLE FOR THE USE INTENDED BY YOU; (B) OPERATE IN AN UNINTERRUPTED OR ERROR FREE MANNER, OR THAT XXXXXXX TRIMBLE OR ANY THIRD PARTY WILL CORRECT ANY ERRORS OR RESOLVE ANY SUPPORT REQUESTS RELATING TO THE SOFTWARE; (C) INTERACT WITH SOFTWARE PRODUCTS OTHER THAN THOSE SPECIFIED IN THE DOCUMENTATION; OR (D) OPERATE WITH HARDWARE OR HARDWARE CONFIGURATIONS OTHER THAN MEETING THE MINIMUM REQUIREMENTS SET FORTH IN THE DOCUMENTATION.

Limited Warranty and Warranty Disclaimer. 10.1 Xxxxxxx 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 Xxxxxxx Trimble of such defect in writing during the thirty (30) day period. 10.2 Xxxxxxx Trimble 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 soly liability of Trimble and its suppliers for any breach of this warranty shall be, at Xxxxxxx’x option and expense, for Xxxxxxx Trimble 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 Trimble in writing of the Error during the Warranty Period and upon request provide Xxxxxxx Trimble 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 TRIMBLE 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 TRIMBLE DOES NOT WARRANT THAT THE SOFTWARE WILL: (A) BE SUITABLE FOR THE USE INTENDED BY YOU; (B) OPERATE IN AN UNINTERRUPTED OR ERROR FREE MANNER, OR THAT XXXXXXX TRIMBLE OR ANY THIRD PARTY WILL CORRECT ANY ERRORS ERRORS, OR RESOLVE ANY SUPPORT REQUESTS RELATING TO THE SOFTWARE; (C) INTERACT WITH SOFTWARE PRODUCTS OTHER THAN THOSE SPECIFIED IN THE DOCUMENTATION; OR (D) OPERATE WITH HARDWARE OR HARDWARE CONFIGURATIONS OTHER THAN MEETING THE MINIMUM REQUIREMENTS SET FORTH IN THE DOCUMENTATION.

Limited Warranty and Warranty Disclaimer. 10.1 Xxxxxxx (a) Provider warrants that the media on which it provides Cloud Services and Software in a workmanlike manner. This warranty does not apply and becomes null and void if you, any other person provided access to the Software by you, or any Authorized User, (i) breach any material provision of this Agreement, (ii) whether or not in violation of this Agreement, installs or uses the Software in connection with hardware not specified in the Documentation, modifies or damages the Software, or (iii) misuse the Software including any use of the Software other than as specified in the Documentation. EXCEPT FOR THE FOREGOING WARRANTY, PROVIDER STRICTLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WITH RESPECT TO ANY THIRD-PARTY PRODUCTS. (b) Provider does not make any representations or guarantees regarding uptime, service levels, or availability of the Cloud Services unless specifically identified in the Service Levels. Customer's sole remedy is provided for Provider to use commercially reasonable efforts to restore Customer’s access to the Cloud Services; this is free Provider's sole liability under the limited warranty set forth in this Section 3(a). (c) If any Software fails to comply with the warranty in Section 3(a), and such failure is not excluded from defects warranty pursuant to Section 3, Provider shall, subject to your promptly notifying Provider in materials and workmanship under normal use for a period writing of thirty (30) days from the date of delivery. Trimble shallsuch failure, at its sole option, replace either: (i) repair 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, provided that you provide Provider with all information Provider reasonably requests to resolve the reported failure, including sufficient information to enable the Provider to recreate such failure; or terminate the applicable License and (ii) refund the License Fees paid for relevant such Software, subject to your ceasing all use of and, if requested by Provider, returning to Provider all copies of the Software. The aforesaid limited If Provider repairs or replaces the Software, the warranty is provided will continue to You on run from the condition that You notify Xxxxxxx in writing Effective Date and not from your receipt of the Error during the Warranty Period and upon request provide Xxxxxxx with proof of purchase repair or product registration from an Authorized Distributorreplacement. 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 remedies set forth in this Section 3(c) are Customer’s sole remedies and Provider’s sole liability under the Documentation or other incorrect limited warranty set forth in Section 3(a). (d) 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 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, Cloud Services are in compliance with the foregoing limited warranty shall not apply to any License provided on a no-charge or evaluation basisAgreement. 10.3 (e) EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN CLAUSE 10.2SECTION 3(a), THE SOFTWARE IS CLOUD SERVICES ARE PROVIDED “"AS IS”. NEITHER XXXXXXX NOR ITS SUPPLIERS MAKES ANY OTHER WARRANTIES IN RELATION TO THE SOFTWARE OR THE DOCUMENTATION" AND PROVIDER SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR WHETHER EXPRESS, IMPLIED, STATUTORY STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO . PROVIDER SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENTPURPOSE, SATISFACTORY QUALITYTITLE, AND NON-INTERFERENCEINFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT, OR AND ALL WARRANTIES ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION PROVIDER MAKES NO WARRANTY OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. IN PARTICULAR, XXXXXXX DOES NOT WARRANT ANY KIND THAT THE SOFTWARE WILL: (A) BE SUITABLE FOR CLOUD SERVICES, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON'S OR ENTITY'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED BY YOU; (B) OPERATE IN AN UNINTERRUPTED RESULT, BE COMPATIBLE OR ERROR WORK WITH ANY OF YOUR OR ANY THIRD PARTY'S SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE MANNEROF HARMFUL CODE, OR ERROR-FREE, OR THAT XXXXXXX OR ANY THIRD PARTY WILL CORRECT ANY ERRORS OR RESOLVE ANY SUPPORT REQUESTS RELATING TO THE SOFTWARE; (C) INTERACT WITH SOFTWARE PRODUCTS OTHER THAN THOSE SPECIFIED IN THE DOCUMENTATION; DEFECTS CAN OR (D) OPERATE WITH HARDWARE OR HARDWARE CONFIGURATIONS OTHER THAN MEETING THE MINIMUM REQUIREMENTS SET FORTH IN THE DOCUMENTATIONWILL BE CORRECTED.

Limited Warranty and Warranty Disclaimer. 10.1 Xxxxxxx 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 Xxxxxxx Trimble of such defect in writing during the thirty (30) day period. 10.2 Xxxxxxx Trimble warrants that the Software will operate in substantial conformity with its applicable Documentation for a period of thirty (303 0) days from delivery (“Warranty Period”). Your sole and exclusive remedy and the sole soly liability of Trimble and its suppliers for any breach of this warranty shall be, at Xxxxxxx’x option and expense, for Xxxxxxx Trimble 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 Trimble in writing of the Error during the Warranty Period and upon request provide Xxxxxxx Trimble with proof of purchase or product registration from an Authorized Distributorauthorized source. 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 TRIMBLE 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 TRIMBLE DOES NOT WARRANT THAT THE SOFTWARE WILL: (A) BE SUITABLE FOR THE USE INTENDED BY YOU; (B) OPERATE IN AN UNINTERRUPTED OR ERROR FREE MANNER, OR THAT XXXXXXX TRIMBLE OR ANY THIRD PARTY WILL CORRECT ANY ERRORS ERRORS, OR RESOLVE ANY SUPPORT REQUESTS RELATING TO THE SOFTWARE; (C) INTERACT WITH SOFTWARE PRODUCTS OTHER THAN THOSE SPECIFIED IN THE DOCUMENTATION; OR (D) OPERATE WITH HARDWARE OR HARDWARE CONFIGURATIONS OTHER THAN MEETING THE MINIMUM REQUIREMENTS SET FORTH IN THE DOCUMENTATION.

Limited Warranty and Warranty Disclaimer. 10.1 Xxxxxxx 1. With respect to the SOFTWARE SOLUTIONS Programs only, SOFTWARE SOLUTIONS warrants to Licensee 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) 90 days from after the initial module scheduled live date of delivery. Trimble shallthe SOFTWARE SOLUTIONS Program, 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 installed SOFTWARE SOLUTIONS Program will operate substantially in writing during accordance with the thirty (30) day periodSpecifications if the Programs are properly used and not modified by anyone other than SSI. 10.2 Xxxxxxx warrants that 2. With respect to the Software will operate Third-Party Programs, SOFTWARE SOLUTIONS agree to use reasonable efforts to correct and/or cause to be corrected any Problems or Defects in substantial conformity with its applicable Documentation such Third-Party Programs for a period as set forth by the Third-Party Provider after the installation date of thirty each Third-Party Program. SOFTWARE SOLUTIONS further agrees to assign to Licensee as a third-party beneficiary during the term of this Agreement any and all warranties (30if any) days from delivery (“Warranty Period”)to SOFTWARE SOLUTIONS by the third-party licensors of such third-party programs. 3. Your Licensee understands and agrees that the Programs, like all other such computer software, are of such complexity that they may have inherent or latent Problems or Defects and agrees that SSI's sole responsibility under this limited warranty provision is to correct those Problems or Defects that Licensor is able to verify and exclusive remedy reproduce either in its own testing environment or in Licensee’s testing environment. Licensee acknowledges and agrees that Licensor shall have no obligation to correct Problems or Defects which it cannot verify or reproduce. Licensee agrees that during this limited warranty period it will give to Licensor prompt written notice of any Problems or Defects experienced by Licensee with the sole liability of Trimble and its suppliers for any Programs which Licensee believes are covered by this limited warranty provision. Licensee further agrees that the failure to timely give such written notice shall not be deemed to constitute a breach of this Agreement, but shall be deemed to constitute a waiver of any claim by Licensee against Licensor hereunder based upon such alleged Problem or Defect with the Programs. For purposes of this notice requirement, Licensee acknowledges and agrees that notice of an alleged Problem or Defect with the Licensor Programs shall be deemed untimely if more than one week has elapsed since the date this limited warranty shall beperiod has expired. 4. LICENSEE ACKNOWLEDGES AND AGREES THAT IN THE EVENT SOURCE CODE FOR THE PROGRAMS IS MODIFIED IN ANY WAY BY ANYONE OTHER THAN SOFTWARE SOLUTIONS WITHOUT THE EXPRESS WRITTEN CONSENT OF SSI, at Xxxxxxx’x option and expenseWHETHER OR NOT SUCH SOURCE CODE WAS PROVIDED BY OR ACQUIRED FROM SSI, for Xxxxxxx to repair the Error (by providing You with instructions to bypass the Error or a maintenance releaseTHE LIMITED WARRANTY PROVIDED HEREUNDER SHALL IMMEDIATELY BE TERMINATED, VOID AND OF NO EFFECT, AND ANY FURTHER USE OR OPERATION OF SUCH PROGRAM WILL BE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. 5. EXCEPT AS THIS AGREEMENT EXPRESSLY PERMITS, LICENSEE SHALL NOT PERMIT ANY PERSON TO: a. COPY THE PROGRAM(S); b. MODIFY, CORRECT, ADAPT, TRANSLATE, ENHANCE, OR OTHERWISE PREPARE DERIVATIVE WORKS OR IMPROVEMENTS OF ANY PROGRAMS; c. RENT, LEASE, LAND, SELL, SUBLICENSE, ASSIGN, DISTRIBUTE, PUBLISH, TRANSFER, OR OTHERWISE MAKE AVAILABLE THE PROGRAM TO ANY THIRD PARTY; d. REVERSE ENGINEER, DISASSEMBLE, DECOMPILE, DECODE, OR ADAPT THE PROGRAM(S), to replace the SoftwareOR OTHERWISE ATTEMPT TO DERIVE OR GAIN ACCESS TO THE SOURCE CODE OF THE PROGRAMS, 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 (iIN WHOLEOR IN PART; e. BYPASS OR BREACH ANY SECURITY DEVISE OR PROTECTION USED FOR OR CONTAINED IN THE PROGRAM(S) Equipment, (ii) nonOR DOCUMENTATION; f. PERMIT A THIRD-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 basisPARTY TO MAKE CHANGES TO LICENSOR SOFTWARE OR HARDWARE WITHOUT LICENSOR’S KNOWLEDGE. 10.3 6. SOFTWARE SOLUTIONS WILL NOT BE LIABLE FOR ERRORS WHERE CUSTOMER IS NEGLIGENT INCLUDING BUT NOT LIMITED TO NOT VERIFYING AMOUNTS, INCORRECTLY INPUTTED DATA AND THE LIKE. 7. EXCEPT FOR THE LIMITED WARRANTY WARRANTIES SET FORTH IN CLAUSE 10.2THIS AGREEMENT AND THE SPECIFIC OBLIGATIONS TO INDEMNIFY SET FORTH IN SECTION J, THE SOFTWARE IS PROVIDED “AS IS”. NEITHER XXXXXXX NOR ITS SUPPLIERS MAKES ANY OTHER WARRANTIES IN RELATION TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOFTWARE OR THE DOCUMENTATIONSOLUTIONS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISEINCLUDING, INCLUDING BUT NOT LIMITED TO TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENTPURPOSE, SATISFACTORY QUALITY, AND 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 USE INTENDED BY YOU; (B) OPERATE IN AN UNINTERRUPTED OR ERROR FREE MANNER, OR THAT XXXXXXX OR ANY THIRD PARTY WILL CORRECT ANY ERRORS OR RESOLVE ANY SUPPORT REQUESTS RELATING TO THE SOFTWARE; (C) INTERACT WITH SOFTWARE PRODUCTS OTHER THAN THOSE SPECIFIED IN THE DOCUMENTATION; OR (D) OPERATE WITH HARDWARE OR HARDWARE CONFIGURATIONS OTHER THAN MEETING THE MINIMUM REQUIREMENTS SET FORTH IN THE DOCUMENTATIONINFRINGEMENT.

Limited Warranty and Warranty Disclaimer. 10.1 Xxxxxxx warrants The Goods sold hereunder and/or used in connection with the services are not manufactured by us, and as such, we make no warranty, express or implied, concerning such Goods other than that we have good title to such Goods and will use our reasonable commercial efforts to obtain from each manufacturer, in accordance with the manufacturer’s warranty, the repair or replacement of Goods that may prove to be defective in material or workmanship. Services provided by third party contractors are subject only to such warranties as are extended by such third party contractors. Notwithstanding the foregoing, to the extent we are permitted and able and so long as Buyer has paid in full for the Goods or services subject to the warranty claim, we will pass on and make available to you any warranties made by the suppliers, manufacturers of such Goods or third party contractors. For services provided directly by Seller, we warrant that our service will be performed in accordance with applicable industry standards prevailing at the time of performance. Our obligations under this warranty are conditioned upon you notifying us of any alleged breach of the foregoing warranty promptly after discovery and in any event not later than 90 days after substantial completion of our services, our satisfaction upon inspection that the media on which warranty has been breached, and that Buyer has paid in full for the Software is provided is free from defects in materials and workmanship under normal use for services subject to the warranty claim. In the event of 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 bewe will correct the defective labor or workmanship at our expense or, at Xxxxxxx’x option and expenseour discretion, for Xxxxxxx to repair the Error (by providing You with instructions to bypass the Error or give you credit in 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 reasonable amount on the condition that You notify Xxxxxxx in writing account of the Error during defect but in no event in an amount greater than 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 paid price of the Softwareservices hereunder. Except as stated hereinabove, (iii) any modification of Software by You or any third partySeller makes no other warranties concerning the Goods whatsoever. SELLER DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, 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 10.2INCLUDING WITHOUT LIMITATION, 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 IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, MERCHANTABILITY AND 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 USE INTENDED BY YOU; (B) OPERATE IN AN UNINTERRUPTED OR ERROR FREE MANNER, OR THAT XXXXXXX OR ANY THIRD PARTY WILL CORRECT ANY ERRORS OR RESOLVE ANY SUPPORT REQUESTS RELATING TO THE SOFTWARE; (C) INTERACT WITH SOFTWARE PRODUCTS OTHER THAN THOSE SPECIFIED IN THE DOCUMENTATION; OR (D) OPERATE WITH HARDWARE OR HARDWARE CONFIGURATIONS OTHER THAN MEETING THE MINIMUM REQUIREMENTS SET FORTH IN THE DOCUMENTATIONPURPOSE.

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 (30a) 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 Licensor warrants that the Software will operate perform materially as described in substantial conformity with its applicable the Documentation for a period of thirty (30) days from delivery following the date of the Order Form. THE FOREGOING WARRANTY DOES NOT APPLY, AND LICENSOR STRICTLY DISCLAIMS ALL WARRANTIES, WITH RESPECT TO ANY THIRD-PARTY PRODUCTS.‌ (“Warranty Period”). Your sole b) The warranty set forth in Section 8(a) does not apply and exclusive remedy becomes null and the sole liability of Trimble and its suppliers for void if Licensee breaches any breach provision of this Agreement, or if Licensee, any Authorized User, or any other person provided access to the Software by Licensee or any Authorized User, whether or not in violation of this Agreement:‌ (i) installs or uses the Software on or in connection with any hardware or software not specified in the Documentation or expressly authorized by Licensor in writing; (ii) modifies or damages the Software; or (iii) misuses the Software, including any use of the Software other than as specified in the Documentation. (c) If, during the period specified in Section 8(a), any Software fails to comply with the warranty shall bein Section 8(a), and such failure is not excluded from warranty pursuant to Section 8(b), Licensor shall, subject to Licensee’s promptly notifying Licensor in writing of such failure, at Xxxxxxx’x option and expenseits sole option, for Xxxxxxx to either: (i) repair the Error (by providing You with instructions to bypass the Error or a maintenance release), to replace the Software, provided that Licensee provides Licensor with all information Licensor requests to resolve the reported failure, including sufficient information to enable Licensor to recreate such failure; or terminate the applicable License and (ii) refund the License Fees paid for relevant such Software, subject to Licensee’s ceasing all use of and, if requested by Licensor, returning to Licensor all copies of the Software. The aforesaid limited If Licensor repairs or replaces the Software, the warranty is provided will continue to You on run from the condition that You notify Xxxxxxx in writing date of the Error during Order Form and not from Licensee’s receipt of the Warranty Period and upon request provide Xxxxxxx with proof of purchase repair or product registration from an Authorized Distributorreplacement. 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 remedies set forth in this Section 8(c) are Licensee’s sole remedies and Licensor’s sole liability under 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 basisset forth in Section 8(a). 10.3 (d) EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN CLAUSE 10.2SECTION 8(a), THE SOFTWARE IS SOFTWARE, DOCUMENTATION AND SERVICES ARE PROVIDED “AS IS”. NEITHER XXXXXXX NOR ITS SUPPLIERS MAKES ANY OTHER WARRANTIES IN RELATION TO THE SOFTWARE OR THE DOCUMENTATION” AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR WHETHER EXPRESS, IMPLIED, STATUTORY STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO . LICENSOR SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENTPURPOSE, SATISFACTORY QUALITYTITLE, NON-INTERFERENCEAND NON- INFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT, OR AND ALL WARRANTIES 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 EXCEPT FOR THE USE INTENDED BY YOU; (B) OPERATE IN AN UNINTERRUPTED OR ERROR FREE MANNER, OR THAT XXXXXXX OR ANY THIRD PARTY WILL CORRECT ANY ERRORS OR RESOLVE ANY SUPPORT REQUESTS RELATING TO THE SOFTWARE; (C) INTERACT WITH SOFTWARE PRODUCTS OTHER THAN THOSE SPECIFIED IN THE DOCUMENTATION; OR (D) OPERATE WITH HARDWARE OR HARDWARE CONFIGURATIONS OTHER THAN MEETING THE MINIMUM REQUIREMENTS LIMITED WARRANTY SET FORTH IN SECTION 8(a), LICENSOR MAKES NO WARRANTY OF ANY KIND THAT THE DOCUMENTATIONSOFTWARE, DOCUMENTATION OR SERVICES, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET LICENSEE’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 K-MATIC 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 K-MATIC 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 K-MATIC of such defect in writing during the thirty (30) day period. 10.2 Xxxxxxx K-MATIC warrants that the Software will operate in substantial conformity with its applicable Documentation for a period the duration of thirty (30) days from delivery the applicable Licence Term (“Warranty Period”). K-MATIC does not warrant that Customer’s use of the Service will be uninterrupted or error-free, nor does K-MATIC warrant that it will review the Customer Data for accuracy or that it will preserve or maintain the Customer Data without loss. Your sole and exclusive remedy and the sole liability of Trimble liabilityof K-MATIC and its suppliers for any breach of this warranty shall be, at Xxxxxxx’x K-MATIC’s option and expenseat no charge to the Customer, for Xxxxxxx K-MATICto use commercially reasonable efforts 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 Licence and refund the License any Licence Fees that have been pre-paid for the terminated portion of the Licence for the relevant Software. The aforesaid limited warranty is provided to You on the condition that You notify Xxxxxxx K-MATIC in writing of the Error during the duringthe Warranty Period and upon request provide Xxxxxxx K- MATIC with proof of purchase or product registration from an Authorized Authorised Distributor. The foregoing limited warranty shall not apply to, and Trimble K-MATIC 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 Licence provided on a no-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 K-MATIC 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 K-MATIC DOES NOT WARRANT THAT THE SOFTWARE WILL: (A) BE SUITABLE FOR THE USE INTENDED BY YOU; (B) OPERATE IN AN UNINTERRUPTED OR ERROR FREE MANNER, OR THAT XXXXXXX K-MATIC OR ANY THIRD PARTY WILL CORRECT ANY ERRORS OR RESOLVE ANY SUPPORT REQUESTS RELATING TO THE SOFTWARE; (C) INTERACT WITH SOFTWARE PRODUCTS OTHER THAN THOSE SPECIFIED IN THE DOCUMENTATION; OR (D) OPERATE WITH HARDWARE OR HARDWARE CONFIGURATIONS OTHER THAN MEETING THE MINIMUM REQUIREMENTS SET FORTH IN THE DOCUMENTATION.