Limited Warranty Disclaimer Limitation of Liability Sample Clauses

Limited Warranty Disclaimer Limitation of Liability. 1.7.1 - Limited Warranty 1.7.2 - Warranty disclaimer
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Limited Warranty Disclaimer Limitation of Liability. MicroGroup hereby warrants that the goods sold hereunder will conform to Customer’s drawings and specifications, if applicable. This limited warranty is of no effect if (i) the nonconformity resulted from Customer’s misuse, accident or improper storage or handling; (ii) the nonconformity resulted from Customer’s design; or (iii) the nonconformity resulted from damages occurring after delivery. Notwithstanding anything else contained herein, MicroGroup assumes no liability for or obligation related to the performance, accuracy, specifications, failure to meet specifications or defects of or due to tooling, designs, or instructions produced or supplied by Customer and Customer shall be liable for costs and expenses incurred by MicroGroup related thereto. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, MICROGROUP MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL MICROGROUP BE LIABLE FOR LOSS OF PROFITS, DIRECT, INDIRECT, INCIDENTAL, Limitation of Remedy. Provided MicroGroup is notified within thirty (30) days after receipt of the shipment of any goods sold hereunder, Customer may, after obtaining a returned material authorization, return to MicroGroup, at MicroGroup’s expense any goods sold by MicroGroup to Customer hereunder which do not conform to Customer’s drawings and specifications, for repair, replacement or credit, at the election of MicroGroup. THE FOREGOING SHALL BE MICROGROUP’S SOLE AND EXCLUSIVE LIABILITY AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY GOODS THAT DO NOT CONFORM TO CUSTOMER’S DRAWINGS AND SPECIFICATIONS OR FOR MICROGROUP’S BREACH OF THE LIMITED WARRANTY CONTAINED IN SECTION 9 (LIMITED WARRANTY). MicroGroup may charge to Customer any costs resulting from the testing, handling, and disposition of any goods returned by Customer which are not found by MicroGroup to be nonconforming. Credit balances that have occurred for any reason, including but not limited to returned material, that are not utilized by the customer within 180 days of issue are invalid.
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Limited Warranty Disclaimer Limitation of Liability. EXCEPT AS SET FORTH IN THIS APPLICATION LICENSE AGREEMENT, NEITHER ATTI NOR ANY THIRD-PARTY LICENSOR OF ATTI MAKE ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE APPLICATION, THE DESIGN OR CONDITION OF THE APPLICATION, THE RESULTS OR ANY OTHER OUTPUT BASED ON THE USE OF THE APPLICATION, OR ANY SERVICES PROVIDED UNDER THIS APPLICATION LICENSE AGREEMENT. ATTI AND EACH OF ITS THIRD- PARTY LICENSORS SPECIFICALLY DISCLAIMS, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE APPLICATION IN FACT OR BY OPERATION OF LAW OR OTHERWISE, CONTAINED IN OR DERIVED FROM THIS APPLICATION LICENSE AGREEMENT, ANY OTHER DOCUMENTS REFERENCED HEREIN, OR ANY OTHER MATERIALS, PRESENTATIONS OR OTHER DOCUMENTS OR COMMUNICATIONS, IS LICENSED “AS IS” AND “WITH FAULT BASIS.” NEITHER ATTI NOR ANY OF ITS THIRD-PARTY LICENSORS WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLICATION WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS, OR THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED, AVAILABLE, ERROR-FREE, OR PROVIDED WITHOUT DELAY, OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY ATTI OR ANY OF ITS THIRD-PARTY LICENSORS (OR ANY OF THEIR RESPECTIVE AGENTS OR EMPLOYEES) SHALL CREATE ANY WARRANTY. CUSTOMER IS NOT ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION. THE ENTIRE RISK AS TO THE PERFORMANCE OF THE APPLICATION AND THE ACCURACY OF ANY INFORMATION OR DATA DERIVED THEREFROM, INCLUDING THE RESULTS, IS ASSUMED BY CUSTOMER. NEITHER ATTI NOR ANY OF ITS THIRD-PARTY LICENSORS WARRANT THE INTEGRETY OR ACCURACY OF ANY DATA ENTERED INTO THE APPLICATION. CUSTOMER ASSUMES ALL RISKS OF DATA CORRUPTION DUE TO FAILURE OF THE APPLICATION OR ANY PART THEREOF. NEITHER ATTI NOR ANY OF ITS THIRD-PARTY LICENSORS MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE APPLICATION OR RELATED DOCUMENTATION IN TERMS OF ITS CORECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE MAY NOT APPLY TO YOU. ATTI AND EACH OF ITS THIRD-PARTY LICENSORS DISCLAIM ANY WARRANTY THAT THE APPLICATION, OR THE INSTALLATION, USE, OR ANY OTHER ACT REGARDING THE APPLICATION, WILL NOT INFRINGE ANY THIRD PARTY’S PATENT, COPYRIGHT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHT. THE SOLE RESPONSIBILITY FOR COMPLIANCE WITH CO...
Sample 1See All (4)
Limited Warranty Disclaimer Limitation of Liability. MicroGroup hereby warrants that the goods sold hereunder will conform to Customer’s drawings and specifications, if applicable. This limited warranty is of no effect if (i) the nonconformity resulted from Customer’s misuse, accident or improper storage or handling; (ii) the nonconformity resulted from Customer’s design; or (iii) the nonconformity resulted from damages occurring after delivery. Notwithstanding anything else contained herein, MicroGroup assumes no liability for or obligation related to the performance, accuracy, specifications, failure to meet specifications or defects of or due to tooling, designs, or instructions produced or supplied by Customer and Customer shall be liable for costs and expenses incurred by MicroGroup related thereto. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, MICROGROUP MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL MICROGROUP BE LIABLE FOR LOSS OF PROFITS, DIRECT, INDIRECT, INCIDENTAL,
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Limited Warranty Disclaimer Limitation of Liability. 9.1. APED is responsible for providing the Trust Services as defined in the Certification Policy and Certification Practice Statement for Qualified Electronic Signatures and Certification Policy and Certification Practice Statement of Timestamp Authority of APED 9.2. APED informs all Subscribers and Subjects before discontinuing the Certification service and maintains the documentation related to the discontinued Certification service as well as the information required according to the procedure set out in the CPS 9.3. APED is not liable for • the confidentiality of the Subscriber's and Subject's Private Keys when they are stored in a local QSCD, for possible loss or destruction of the local QSCD • any misuse of the Certificates or insufficient validity checks of the Certificates or for the incorrect decisions of a Relying Party or any consequences due to an error or omission of the Certificate validity check • non-fulfilment of its obligations if such non-fulfilment is due to errors or security problems of the supervisory body, the Trusted Lists or other public authority • failure to perform if such failure is due to force majeure 9.4. APED provides limited warranties and disclaims all other warranties, including warranties of merchantability or fitness for a particular purpose, limits liability and excludes all liability, excluding willful intent or gross negligence, for any loss of profits, loss of data, or other indirect, consequential or punitive damages arising out of or in connection with the use, delivery, permission, fulfillment, non-fulfilment or unavailability of certificates, electronic signatures, time stamps or any other transactions or services provided or referred to herein, even if APED has been informed of the possibility of such damages The Greek State is responsible for damage caused by acts or omissions of the APED bodies or the issuing CA to any natural or legal person, due to non-compliance with the obligations described in the CP and CPS, in accordance with article 105 of the Introduction Law of the Civil Code. Limitations of liability include the exclusion of indirect, special, incidental and consequential damages. In particular, the following apply for the responsibility of the Greek State due to actions or omissions of the bodies of the APED, in terms of compliance with the provisions of the present: The Greek State is not responsible for any malfunction of the services of APED in cases of force majeure, such as earthquakes, flo...
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Limited Warranty Disclaimer Limitation of Liability. (a) Limited Warranty. Ixia provides a limited twelve-month warranty with respect to the Software, the terms and limitations of which are set forth in the Warranty Agreement. A copy of the Warranty Agreement is available at xxxx://xxx.xxxxxxx.xxx/support/terms_and_conditions. The Warranty Agreement is incorporated herein by reference and by this reference. In the event of any discrepancies or conflicts between the terms and conditions of this Agreement and those of the Warranty Agreement, the terms and conditions of this Agreement shall govern. Upon expiration of the warranty period specified in the Warranty Agreement, Licensee may purchase extended warranty coverage if available, pursuant to the terms on which such warranty coverage is then available.
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Limited Warranty Disclaimer Limitation of Liability. 1. RCCG represents and warrants to Client that it shall perform the Services using personnel of required skill, experience and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and shall devote adequate resources to meet its obligations under the Agreement. 2. RCCG shall not be liable for a breach of the warranty set forth above unless Client gives written notice of the defective Services, reasonably described, to RCCG within [10] days of the time when Client discovers or ought to have discovered that the Services were defective. 3. Subject to the above, RCCG shall, in its sole discretion, either: a. repair or re-perform such Services (or the defective part); or b. credit or refund the price of such Services at the pro rata contract rate. 4. THE REMEDIES SET FORTH IN THIS SECTION SHALL BE CLIENT’S SOLE AND EXCLUSIVE REMEDY AND RCCG’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN THIS SECTION. 5. EXCEPT FOR THE WARRANTY SET FORTH IN THIS SECTION, RCCG MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. 6. IN NO EVENT SHALL RCCG BE LIABLE TO CLIENT OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, PROFIT OR DATA, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT RCCG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
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Limited Warranty Disclaimer Limitation of Liability. Idemia shall provide the Services hereunder in a professional and workmanlike manner by duly qualified personnel. EXCEPT FOR THIS LIMITED WARRANTY, IDEMIA HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE IN REGARD TO THE SERVICES, SOFTWARE, AND ANY OTHER GOODS PROVIDED HEREUNDER. IN NO EVENT SHALL IDEMIA AGGREGATE LIABILITY TO CUSTOMER ARISING OUT OF, OR RELATED TO, THIS AGREEMENT, UNDER ANY CAUSE OF ACTION OR THEORY OF RECOVERY, EXCEED THE NET FEES FOR IDEMIA SERVICES ACTUALLY PAID BY CUSTOMER TO IDEMIA UNDER THE APPLICABLE ADDENDUM TO THIS AGREEMENT DURING THE TWELVE
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Limited Warranty Disclaimer Limitation of Liability 
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Related to Limited Warranty Disclaimer Limitation of Liability

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