Limited Warranty; Disclaimer. JCI warrants that the Service will perform substantially in conformance with its Documentation throughout the Term. Except to the extent prohibited by applicable law, JCI’s sole obligation and your sole and exclusive remedy for breach of the foregoing warranty shall be that JCI will use commercially reasonable efforts to correct the non-conforming Service functionality without charge. JCI shall not be liable for warranty nonconformance caused by use or combination with hardware and software not provided by JCI, misuse of the Service, or your negligence or willful misconduct. EXCEPT AS PROVIDED IN THIS SECTION, THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES ARE PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JCI AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, DISTRIBUTORS, AND VENDORS (THE “JCI PARTIES”) MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION, OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (A) THE IMPLIED WARRANTIES OF ACCURACY, NON- INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (B) ANY WARRANTY THAT: (I) THE SERVICES, TRIAL SERVICES, SOFTWARE OR THIRD PARTY SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES, TRIAL SERVICES, SOFTWARE, OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS OR MALICIOUS CODE OR OTHERWISE), FREE OF HARMFUL COMPONENTS, TIMELY OR SECURE; OR (III) THE SERVICES, TRIAL SERVICES, OR SOFTWARE WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE NOT EXPLICITLY SPECIFIED IN THE DOCUMENTATION, OR THAT DEFECTS IN THE SERVICES, TRIAL SERVICES OR SOFTWARE WILL BE CORRECTED; AND (C) ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JCI OR ANY OF ITS PERSONNEL OR AGENTS WILL CREATE ANY ADDITIONAL WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF JCI’S OBLIGATIONS HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT, SUCH EXCLUSION WILL NOT APPLY...
Limited Warranty; Disclaimer. Axon warrants that Axon-manufactured Devices are free from defects in workmanship and materials for 1 year from the date of Agency’s receipt, except Signal Sidearm and Axon- manufactured accessories, which Axon warrants for 30 months and 90 days, respectively, from the date of Agency’s receipt. Used conducted energy weapon (“CEW”) cartridges are deemed to have operated properly. Extended warranties run from the expiration of the 1-year hardware warranty through the extended warranty term. All software and Axon Cloud Services, are provided "AS IS," without any warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Axon Devices, software, and services that are not manufactured, published or performed by Axon (“Third-Party Products”) are not covered by Axon’s warranty and are only subject to the warranties of the third-party provider or manufacturer.
Limited Warranty; Disclaimer. EXCEPT AS EXPRESSLY SET FORTH ELSEWHERE IN THIS CTSA, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MER- CHANTABILITY OR, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING BY USAGE OF TRADE OR COURSE OF DEALING. FURTHER, VENDOR MAKES NO REPRESENTATION OR WARRANTY THAT TELEPHONE CALLS OR OTH- ER TRANSMISSIONS WILL BE ROUTED OR COMPLETED WITHOUT ERROR OR IN- TERRUPTION (INCLUDING CALLS TO 911 OR ANY SIMILAR EMERGENCY RE- SPONSE NUMBER).
Limited Warranty; Disclaimer. INDEMNITY. ---------------------------------------
a. Company provides only the warranty set forth in its warranty policy, as modified by this Section 13(a). Distributor will handle and be responsible for all warranty returns from its direct customers. Products obtained from Company that do not comply with the warranty and are returned (by Distributor only) to Company during the warranty period (as shown by appropriate documentation) will be repaired or replaced at Company's option, provided Distributor bears the cost of freight and insurance to the point of repair. Company will bear the cost of freight and insurance for return of goods to Distributor. If Company cannot, or determines that it is not practical to, repair or replace the returned Product, the price therefor paid by Distributor will be refunded or, at the Company's discretion, credited against other Distributor obligations or toward future purchases. COMPANY MAKES NO OTHER WARRANTIES WITH RESPECT TO THE PRODUCTS OR ANY SERVICES AND DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ANY ACTION AGAINST COMPANY BASED ON THIS AGREEMENT MUST BE BROUGHT WITHIN ONE YEAR FOLLOWING INJURY.
b. The above warranty does not extend to any Product that is modified or altered, is not maintained to Company's maintenance recommendations, is operated in a manner other than that specified by Company, has its serial number removed or altered or is treated with abuse, negligence or other improper treatment (including, without limitation, use outside the recommended environment). Distributor's sole remedy with respect to any warranty or defect is as stated above.
c. Distributor may extend its own product warranty to its customers provided Distributor alone shall be responsible to such customer thereof and neither Distributor nor such customer shall have recourse against Company with respect thereto. Distributor hereby agrees to indemnify and hold Company harmless from any and against all claims, actions, losses, damages, costs, liabilities and expenses (including reasonable attorneys' fees) based upon any express or implied warranty made by Distributor to any customer.
Limited Warranty; Disclaimer. Seller represents and warrants that (a) it has the right to enter into the agreement and sell and deliver the products to buyer hereunder, and (b) the products, upon delivery and excluding any act or omission of buyer or the carrier, will conform to the published Goulston specifications for such product in effect at the time of and as set forth in the Agreement. GOULSTON IS NOT RESPONSIBLE FOR ANY ISSUES WITH THE PRODUCTS RELATED TO MISUSE, DAMAGE, NEGLECT OR OTHER EFFECTS BY BUYER OR THIRD PARTIES. BUYER IS SOLELY RESPONSIBLE FOR DETERMINING THE FITNESS AND SUITABILITY OF PRODUCTS FOR THE USE CONTEMPLATED BY BUYER. BUYER SHALL ENSURE THAT (I) THE PRODUCTS ARE USED ONLY FOR THE PURPOSES AND IN THE MANNER FOR WHICH THEY WERE DESIGNED AND SUPPLIED, (II) ALL PERSONS LIKELY TO USE OR COME INTO CONTACT WITH THE PRODUCTS RECEIVE APPROPRIATE TRAINING AND COPIES OF APPLICABLE INSTRUCTIONS AND DOCUMENTATION SUPPLIED BY THE MANUFACTURER, (III) ALL THIRD PARTIES WHO USE OR MAY BE AFFECTED BY OR RELY UPON THE PRODUCTS ARE GIVEN FULL AND CLEAR WARNING OF ANY HAZARDS ASSOCIATED WITH THEM OR LIMITATIONS OF THEIR EFFECTIVENESS AND THAT SAFE WORKING PRACTICES ARE ADOPTED AND COMPLIED WITH, AND (IV) ANY WARNING NOTICES DISPLAYED ON THE PRODUCTS ARE NOT REMOVED OR OBSCURED. BUYER ASSUMES ALL RESPONSIBILITY FOR ANY LOSS, DAMAGE, OR INJURY TO PERSONS OR PROPERTY ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM THE USE OF PRODUCTS, EITHER ALONE OR IN COMBINATION WITH OTHER PRODUCTS OR COMPONENTS. THE EXPRESS WARRANTIES SET FORTH ABOVE ARE IN LIEU OF, AND SELLER HEREBY EXCLUDES, ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AGAINST INFRINGEMENT; AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, USAGE OF TRADE, AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO BUYER.
Limited Warranty; Disclaimer. LinkedIn warrants that (i) it has the necessary rights to provide the Services to Customer; and
Limited Warranty; Disclaimer. DEALER REPRESENTS THAT THE SOFTWARE IS FOR ITS INTERNAL BUSINESS USE ONLY. COMPANY AND ITS LICENSORS DISCLAIM ANY AND ALL PROMISES, REPRESENTATIONS, IMPLIED WARRANTIES AND EXPRESS WARRANTIES, WITH RESPECT TO THE SOFTWARE OR SERVICES OFFERED AND THEIR CONDITION, THEIR CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND THEIR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DISCLAIMS ANY AND ALL OTHER PROMISES, REPRESENTATIONS, AND WARRANTIES WITH RESPECT TO THE NATURE AND QUALITY OF ANY OTHER PERFORMANCE BY COMPANY. WITHOUT LIMITING THE FOREGOING, COMPANY SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE PRODUCTS, FIGURES AND LANGUAGE PRODUCED BY THE SOFTWARE CONFORMS WITH ANY APPLICABLE LAWS.
Limited Warranty; Disclaimer. (1) Seller warrants to Buyer only that for a period of twenty four (24) months from the delivery of a Product, such Product purchased hereunder will be new, free from defects in design, material and/or workmanship and conform to Seller's published specifications for such Products (or other specifications as agreed upon in writing signed by both Buyer and Seller with respect to a certain Product) (the "Specifications").
(2) If the Products do not comply with the warranty provided in Section 9(1), Seller shall, at its option, repair or replace the Products, or credit or refund the price of the Products. Except for any remedies for an Epidemic Failure (if applicable), this Section 9(2) sets forth Buyer's sole and exclusive remedy and Seller's sole and exclusive liability for the failure of a Product to comply with the warranty set forth in Section 9(1).
(3) Seller shall implement a root cause analysis and provide Buyer with the result thereof in the event the actual failure rate for the Products exceeds a certain failure rate as separately agreed to by the parties ("Epidemic Failure"). Subject to Section 10, in the event of an Epidemic Failure, Seller shall be liable to Buyer for actual and direct losses, damages, costs and expenses incurred by Buyer arising out of such Epidemic Failure.
(4) In case epidemic defects due to reasons attributable to Seller are discovered in the Products after the expiration of the warranty period provided in the above sub-clause (1), Seller shall take necessary measures as provided in the above sub-clause (2) if mutually agreed upon by the parties.
(5) EXCEPT AS EXPRESSLY SET FORTH IN SECTION 9(1) ABOVE, SELLER (FOR ITSELF AND ITS SUPPLIERS) MAKES NO WARRANTIES AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
Limited Warranty; Disclaimer. (a) Riverbed warrants to Partner that the Services will be provided in a professional manner in accordance with generally accepted industry standards. Partner’s sole and exclusive remedy, and Riverbed’s sole and exclusive obligation, with respect to any failure to provide the Services in accordance with the foregoing warranty is to re-perform the applicable Services. Products are provided with the limited warranty as set forth in the XXXX. Products will be new (other than Products that were previously used in a customer evaluation or replacement Products provided as part of Support or warranty) on original shipment from Riverbed unless otherwise designated by Riverbed at the time of order or on its then-current price list (e.g., all Product SKUs designated with a “-E” are refurbished Products). Products obtained from Riverbed that do not comply with the applicable warranty and are returned by Partner to Riverbed during the applicable warranty period will be at Riverbed’s option, (I) with respect to the Hardware and Software warranty, the repair or replacement of or (at Riverbed’s option if repair or replacement is impractical) refund of the fees received by Riverbed for returned non- conforming units of Product for which full documentation and proof of non-conformity is provided to Riverbed (and for which a Riverbed RMA has been issued) within the applicable Warranty Period, and (II), with respect to the Cloud Services warranty, the repair or replacement of or (at Riverbed’s option if repair or replacement is impractical) the refund of the fees received by Riverbed for the period in which the Cloud Services did not conform. For hardware Products, Partner will bear the cost of freight and insurance to the point of repair or return; Riverbed will bear the cost of freight and insurance for return of such goods to Partner. Riverbed is not responsible for any difference between the amount paid to Riverbed for the returned Product and the amount paid by Partner or a customer for such returned Product. Partner’s sole and exclusive remedy, and Riverbed’s sole and exclusive obligation, with respect to any nonconformity, deficiency, warranty or defect with respect to the Products and/or Services is as stated above in this Section.
(b) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, RIVERBED MAKES NO OTHER WARRANTIES WITH RESPECT TO ANY PRODUCTS OR ANY SERVICES AND DISCLAIMS ALL OTHER WARRANTIES AND COND...
Limited Warranty; Disclaimer. Tanium warrants that (i) for a period of 60 (sixty) days from the Effective Date, the Licensed Software will operate in substantial conformity with the Documentation; and
