Limited Warranty; Disclaimer of Warranty a. NEITHER PARTY, EXCEPT AS OTHERWISE PROVIDED IN SECTION 25 (b), WARRANTS THAT THE DATA IN WREGIS IS ACCURATE, CORRECT, COMPLETE, OR CURRENT.
b. SOFTWARE PROGRAMS USED FOR WREGIS AND THE WREGIS WEBSITE ARE PROVIDED “AS IS” TO THE ACCOUNT HOLDER. WECC MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS AGREEMENT OR TO THE ADEQUACY OR PERFORMANCE OF SOFTWARE PROGRAMS USED FOR WREGIS AND THE WREGIS WEBSITE; AND, EXCEPT AS SPECIFICALLY WARRANTED IN SECTION 6(b)(iv), WECC HEREBY DISCLAIMS ANY SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WECC DOES NOT WARRANT THAT THE SOFTWARE PROGRAMS IN WREGIS WILL BE ERROR FREE OR BUG FREE. However, WECC will use commercially reasonable efforts to maintain the accuracy, correctness, completeness, and currentness of the WREGIS software, in accordance with updates and other information provided by the WREGIS software vendor.
c. WECC is not responsible for the acts or omissions of parties other than WECC who input Data into WREGIS or from whom Data is obtained for inclusion into WREGIS.
d. Account Holder is solely responsible for the protection, security, and management of usage and security of its computer network. WECC will not compensate Account Holder for damages incurred to the extent due to security violations of the security of Account Holder’s computer network, nor shall Account Holder make deductions or set offs of any kind for Fees due to WECC resulting from security violations of Account Xxxxxx’s computer network.
e. WECC will have no liability for any claims for intellectual property infringement, except for claims due to its own actions, but will flow down any rights it may have to indemnity that it receives by virtue of its contract with APX, Inc .
Limited Warranty; Disclaimer of Warranty. ZEISS warrants that the Services described in Section 1.1 of this Agreement will be provided in a workmanlike manner. ZEISS shall not be liable for a breach of the warranty set forth in this Section 7.1 unless Customer gives written notice of the defective Services, reasonably described, to ZEISS within 10 business days of the time when Customer discovers or ought to have discovered that the Services were defective. ZEISS MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE, WITH RESPECT TO SERVICES PROVIDED BY ZEISS PURSUANT TO THIS AGREEMENT.
Limited Warranty; Disclaimer of Warranty. 6.1. If Licensee is not in breach of any of its obligations under this Agreement, IDEMIA warrants that the unmodified Software, when used properly and in accordance with the Documentation and this Agreement, will be free from a reproducible defect that eliminates the functionality or successful operation of a feature critical to the primary functionality or successful operation of the Software. Whether a defect occurs will be determined by IDEMIA solely with reference to the Documentation. IDEMIA does not warrant that Licensee’s use of the Software or the Designated Products will be uninterrupted, error-free, completely free of Security Vulnerabilities, or that the Software or the Designated Products will meet Licensee’s particular requirements. IDEMIA makes no representations or warranties with respect to any third party software included in the Software.
Limited Warranty; Disclaimer of Warranty. 6.1 If Licensee is not in breach of any of its obligations under this Agreement, IDEMIA warrants that the unmodified Software, when used properly and in accordance with the Documentation and this Agreement, will be free from a reproducible defect that eliminates the functionality or successful operation of a feature critical to the primary functionality or successful operation of the Software. Whether a defect occurs will be determined by IDEMIA solely with reference to the Documentation. IDEMIA does not warrant that Licensee’s use of the Software or the Designated Products will be uninterrupted, error-free, completely free of Security Vulnerabilities, or that the Software or the Designated Products will meet Licensee’s particular requirements. IDEMIA makes no representations or warranties with respect to any third party software included in the Software.
6.2 IDEMIA’s sole obligation to Licensee and Licensee’s exclusive remedy under this warranty is to use reasonable efforts to remedy any material Software defect covered by this warranty. These efforts will involve either replacing the media or attempting to correct significant, demonstrable program or documentation errors or Security Vulnerabilities. If IDEMIA cannot correct the defect within a reasonable time, then at IDEMIA’s option, IDEMIA will replace the defective Software with functionally-equivalent Software, license to Licensee substitute Software which will accomplish the same objective, or terminate the license and refund the Licensee’s paid license fee.
6.3 Warranty claims are described in the Primary Agreement.
6.4 The express warranties set forth in this Section 6 are in lieu of, and IDEMIA disclaims, any and all other warranties (express or implied, oral or written) with respect to the Software or Documentation, including, without limitation, any and all implied warranties of condition, title, non-infringement, merchantability, or fitness for a particular purpose or use by Licensee (whether or not IDEMIA knows, has reason to know, has been advised, or is otherwise aware of any such purpose or use), whether arising by law, by reason of custom or usage of trade, or by course of dealing. In addition, IDEMIA disclaims any warranty to any person other than Licensee with respect to the Software or Documentation.
Limited Warranty; Disclaimer of Warranty. The sole and exclusive warranties and remedies for breach of warranty that the Company provides to the Buyer for the Products are as set forth in the Company’s Standard Warranty Policy/Statement available at xxx.xxxxxxxxxxxx.xxx/xxxxxxxxx/xxxxxxxx.
Limited Warranty; Disclaimer of Warranty a. The Materials and Service(s) (i) are being provided by Grantor from sources believed by Grantor to be reliable; and, (ii) to the best of Grantor’s knowledge, are true and accurate in both form and content. However, Grantor does not warrant that the information on the Service(s) is correct, complete, current or accurate, and it does not warrant that the software programs in the Service(s) will be error free or bug free.
b. THE SERVICE(S) IS PROVIDED “AS IS” AND GRANTOR MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ADEQUACY OR PERFORMANCE OF THE SERVICE(S), AND GRANTOR HEREBY DISCLAIMS ANY SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. USER ACKNOWLEDGES THAT SERVICE DISRUPTIONS MAY OCCUR FROM TIME TO TIME.
c. User is solely responsible for the protection, security and management of usage and security of its computer network. Grantor will not compensate User for damages incurred due to security violations of the security of User’s computer network, nor shall User make deductions or set offs of any kind for any Fees or other charge due to Grantor resulting therefrom.
Limited Warranty; Disclaimer of Warranty. Provider warrants that it will provide the Services in a workmanlike manner substantially in accordance with the past practices of Provider. In the event that the Services fail to conform to the warranty set forth in the preceding sentence, Provider shall perform or re-perform the non-conforming Services in a manner that is contemplated by such warranty. EXCEPT FOR THE WARRANTY PROVIDED IN THE IMMEDIATELY PRECEDING SENTENCE, THE SERVICES AND GOODS TO BE PURCHASED UNDER THIS TRANSITION SERVICES AGREEMENT ARE FURNISHED AS IS, WHERE IS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
Limited Warranty; Disclaimer of Warranty. SOA warrants to Licensee that for a period of ninety (90) days from the date of shipment (or delivery if done electronically) of the Software, the Software will substantially conform to its Documentation. Licensee’s sole and exclusive remedy under the foregoing warranty shall be for Licensee to use commercially reasonable efforts to correct any substantial non-conformity of the Software reported to SOA in writing during the period of warranty. The warranty herein shall not apply to any defect in the Software that is caused by (i) the use or operation of the Software with an application or in an environment other than that intended or recommended by Licensee, (ii) modification to the Software not made by SOA, (iii) third party hardware or software or (iv) Licensee’s failure to implement all error corrections which are issued by SOA.
Limited Warranty; Disclaimer of Warranty. The commencement date and the term of the Software warranty will be a period of one (1) year from Xxxx shipment of the Soft- ware. If Licensee is not in breach of any obli- gations under this Agreement, Xxxx warrants that the unmodified Software, when used properly and in accordance with the Docu- mentation and this Agreement, will be free from a reproducible defect that eliminates the functionality or successful operation of a feature critical to the primary functionality or successful operation of the Software. Whether a defect has occurred will be deter- mined solely by Xxxx. Xxxx does not warrant that Licensee’s use of the Software or the Designated Products will be uninterrupted, error-free, completely free of Security Vul- nerabilities, or that the Software or the Des- ignated Products will meet Licensee’s partic- ular requirements. Xxxx makes no representations or warranties with respect to any third-party software included in the Soft- ware.
Limited Warranty; Disclaimer of Warranty. Xxxxx warrants to Licensee that for a period of ninety (90) days from the date of shipment (or delivery if done electronically) of the Software, the Software will substantially conform to its Documentation. Licensee’s sole and exclusive remedy under the foregoing warranty shall be for Licensee to use commercially reasonable efforts to correct any substantial non-conformity of the Software reported to Xxxxx in writing during the period of warranty. The warranty herein shall not apply to any defect in the Software that is caused by (i) the use or operation of the Software with an application or in an environment other than that intended or recommended by Licensee, (ii) modification to the Software not made by Xxxxx, (iii) third party hardware or software or (iv) Licensee’s failure to implement all error corrections which are issued by Xxxxx. EXCEPT FOR THE EXPRESS LIMITED WARRANTY STATED ABOVE, XXXXX PROVIDES NO WARRANTIES, EITHER EXPRESSED, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE AND/OR SERVICES PROVIDED HEREUNDER, AND XXXXX SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
