Common use of Limited Warranty; Disclaimer Clause in Contracts

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 TO YOUR SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Appears in 3 contracts

Samples: Terms of Service, Terms of Service, Terms of Service

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Limited Warranty; Disclaimer. JCI A. Lessor warrants that the Service it will perform substantially in conformance with its Documentation throughout the Term. Except have good title to the extent prohibited by applicable lawAircraft, JCI’s sole obligation free and your sole clear of all liens and exclusive remedy for breach encumbrances other than the lien of Lessor's Lender, at the foregoing warranty shall be that JCI will use commercially reasonable efforts time of delivery 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 Lessee. B. THE AIRCRAFT IS LEASED TO AND ACCEPTED BY LESSEE 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" CONDITION AND WITH ALL FAULTS. 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 LESSOR MAKES NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICESAIRCRAFT, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION, EXPRESS OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY EXCEPT THE WARRANTY AS TO TITLE APPEARING IN SECTION 4A ABOVE. C. THE WARRANTIES SET FORTH IN THIS SECTION 4 AND THE OBLIGATIONS AND LIABILITIES OF LESSOR THEREUNDER, ARE EXPRESSLY IN LIEU OF AND LESSEE HEREBY WAIVES AND RELEASES LESSOR FROM ANY AND ALL OTHER WARRANTIES, AGREEMENTS, GUARANTEES, CONDITIONS, DUTIES, OBLIGATIONS, REMEDIES OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, INCLUDING WITHOUT LIMITATION: (A) THE IMPLIED WARRANTIES LIMITATION ANY WARRANTY OF ACCURACY, NON- INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) INTENDED USE OR LOSS OF USE OR STRICT LIABILITY IN TORT, WITH RESPECT TO ANY WARRANTY THAT: (I) THE SERVICESEQUIPMENT LEASED HEREUNDER OR LESSOR'S PERFORMANCE HEREUNDER. NO AGREEMENT OR UNDERSTANDING VARYING, TRIAL SERVICES, SOFTWARE ALTERING OR THIRD PARTY SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES, TRIAL SERVICES, SOFTWARE, OR THIRD PARTY SOFTWARE EXTENDING LESSOR'S LIABILITY WILL BE UNINTERRUPTEDBINDING ON LESSOR UNLESS IN WRITING AND SIGNED BY LESSEE'S AND LESSOR'S DULY AUTHORIZED OFFICER OR REPRESENTATIVE. D. Lessor will assign to Lessee any assignable warranties of overhaux xxxxxxxs performing any predelivery work for Lessor on the Aircraft and/or Engines. In the event that Lessor contracts for performance of work on the Aircraft or Engines prior to delivery, 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 TO YOUR SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAWLessor will use good faith efforts to obtain industry standard warranties for that work and to assign such warranties to Lessee.

Appears in 2 contracts

Samples: Aircraft Lease Agreement (Turn Works Acquisition Iii Sub a Inc), Aircraft Lease Agreement (Turn Works Acquisition Iii Sub a Inc)

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-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, PRE-GA/TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION OR RESULTS OBTAINED THROUGH THE SERVICES OR PRE-GA/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, PRE-GA/TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION, OR RESULTS OBTAINED THROUGH THE SERVICES OR PRE-GA/TRIAL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (A) THE IMPLIED WARRANTIES OF ACCURACY, NON- NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (B) ANY WARRANTY THAT: (I) THE SERVICES, PRE-GA/TRIAL SERVICES, SOFTWARE OR THIRD PARTY SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES, PRE-GA/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, PRE-GA/TRIAL SERVICES, OR SOFTWARE WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE NOT EXPLICITLY SPECIFIED IN THE DOCUMENTATION, OR THAT DEFECTS IN THE SERVICES, PRE-GA/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 TO YOUR SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Appears in 2 contracts

Samples: Terms of Service, Terms of Service

Limited Warranty; Disclaimer. JCI 8.1 Suite warrants that to Customer that, when used as permitted by Suite and in accordance with the Documentation, the Suite Service will perform substantially in conformance with its Documentation throughout operate materially free from Errors during the Termterm of the Agreement. Except to the extent prohibited by applicable lawCustomer’s exclusive remedy, JCIand Suite’s sole obligation and your sole and exclusive remedy obligation, for breach of the foregoing warranty during the Term shall be that JCI will use commercially Suite’s 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. Errors pursuant to Section 2.5 herein. 8.2 EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE SECTION 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 THE SUITE SERVICE, SUITE SYSTEM, SUITE PROPERTIES, AND DOCUMENTATION ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH ALL FAULTS, AND SUITE AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, DISTRIBUTORSCONTRACTORS, AND VENDORS (THE “JCI PARTIES”) MAKE NO (AND SPECIFICALLY LICENSORS HEREBY DISCLAIM ALL) REPRESENTATIONS ALL OTHER WARRANTIES, REPRESENTATIONS, OR WARRANTIES OF ANY KIND WITH RESPECT CONDITIONS, RELATING TO THE SERVICESSUITE SERVICE, TRIAL SERVICESSUITE SYSTEM, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION, OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES, DOCUMENTATION WHETHER EXPRESS, IMPLIED, STATUTORY IMPLIED OR OTHERWISESTATUTORY, INCLUDING, WITHOUT LIMITATION: (A) THE , ANY IMPLIED WARRANTIES OF ACCURACY, NON- INFRINGEMENTMERCHANTABILITY, TITLE, MERCHANTABILITYNONINFRINGEMENT, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND OR 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. SUITE DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, OR THIRD PARTY SOFTWARE WILL THAT OPERATION OF THE SUITE SERVICE AND THE SUITE SYSTEM SHALL BE UNINTERRUPTED, SECURE, OR 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 HEREUNDERFREE. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS OR LIMITATIONS ON HOW LONG AN EVENTIMPLIED WARRANTY LASTS, SUCH EXCLUSION WILL SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOUR SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAWCUSTOMER.

Appears in 2 contracts

Samples: Services Agreement, Services Agreement

Limited Warranty; Disclaimer. JCI Versa warrants for Your sole benefit that for a period of thirty (30) days from 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 commencement of the foregoing warranty license term (herein, the "Warranty Period"), the Software delivered, shall be that JCI will confirm in all material respects to Versa’s published specifications under normal authorized use commercially reasonable efforts to correct consistent with the non-conforming Service functionality without chargeproduct instructions. JCI shall You may not be liable for make a warranty nonconformance caused by use or combination with hardware and software not provided by JCI, misuse claim after lapse of the ServiceWarranty Period. VERSA DISCLAIMS ANY WARRANTY, or your negligence or willful misconductREPRESENTATION OR ASSURANCE THAT THE SOFTWARE, OR ANY EQUIPMENT OR NETWORK RUNNING THE SOFTWARE, WILL OPERATE WITHOUT ERROR OR INTERRUPTION, OR WILL BE FREE OF VULNERABILITY TO INTRUSION OR ATTACK. EXCEPT AS EXPRESSLY 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 VERSA DISCLAIMS ALL WARRANTIES IN 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 STATUTORY, OR OTHERWISE), INCLUDING, WITHOUT LIMITATION: (A) THE INCLUDING ANY IMPLIED WARRANTIES WARRANTY 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 SERVICESAND NONINFRINGEMENT, SOFTWARE OR THIRD PARTY SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICESSATISFACTORY QUALITY, TRIAL SERVICESNON-INTERFERENCE, SOFTWAREACCURACY OF INFORMATIONAL CONTENT, 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, FROM A COURSE OF DEALING, LAW, USAGE, OR USAGE OF TRADETRADE PRACTICE. NO ORAL TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, THAT WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. BECAUSE SOME STATES 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 LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE FOREGOING EXCLUSIONSABOVE LIMITATION MAY NOT APPLY. IN SUCH AN EVENTTHIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, SUCH AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THIS DISCLAIMER AND EXCLUSION WILL NOT SHALL APPLY TO YOUR SOLELY TO EVEN IF THE EXTENT PROHIBITED BY APPLICABLE LAWEXPRESS WARRANTY FAILS OF ITS ESSENTIAL PURPOSE.

Appears in 1 contract

Samples: Software License Agreement

Limited Warranty; Disclaimer. JCI warrants that the Service will perform substantially in conformance A. The sole warranty provided by Xxxxx with its Documentation throughout the Term. Except respect to the extent prohibited by applicable law, JCI’s sole obligation and your sole and exclusive remedy for breach of Software during the foregoing warranty shall be that JCI will entire period when the License remains in effect is to use commercially reasonable efforts to correct or bypass a material defect in the Software, as determined solely by Janus based on Xxxxx’x then-current published specifications for the Software, subject to this XXXX (the “Limited Warranty”). The Limited Warranty does not extend to you unless you have accepted this XXXX and remain bound by this EULA. The Limited Warranty is for your benefit only and may not be assigned to or enforced by any other person or entity. The Limited Warranty will not apply to, and Janus will have no liability or obligation with respect to, problems or damage resulting from, but not limited to, any of the following: (i) where not directly caused by Janus, any accident, modification, neglect, abuse, careless or incorrect handling, misuse or improper operation, disassembly, misapplication or use in unusual physical environments or under operating conditions not approved by Janus; (ii) problems relating to or residing in non-conforming Service functionality without charge. JCI shall not be liable Janus hardware, software or other items with which the Software is used; (iii) use in an environment, in a manner or for warranty nonconformance caused a purpose for which the Software was neither designed nor in accordance with Xxxxx’x published documentation; (iv) installation, modification, alteration or repair by use anyone other than Janus or combination with hardware its authorized representatives, and software not break-ins at the Site unrelated to products and/or services 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. Janus. B. 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 (EXCEPT FOR THE “JCI PARTIES”) MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND LIMITED WARRANTY WITH RESPECT TO THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE ALL OF THE SOFTWARE, AND THE MATERIALS THAT ARE OR MAY BE PROVIDED BY JANUS ARE PROVIDED “AS IS”, WITH ALL FAULTS AND JANUS HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES OF ANY DATAKIND, INFORMATION, EXPRESSED OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (A) THE IMPLIED INCLUDING WARRANTIES OF ACCURACY, NON- INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) , TITLE, NON-INFRINGEMENT, ERROR-FREE OPERATION, ACCURACY, THE SOFTWARE INTEGRATION, OR QUIET ENJOYMENT, AND ANY WARRANTY THAT: WARRANTIES THAT MAY ARISE FROM A COURSE OF CONDUCT, TRADE USAGE OR TRADE PRACTICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, XXXXX DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT (I) THE SERVICESOPERATION OF THE SOFTWARE, TRIAL SERVICESOR ANY WEB INTERFACE, SOFTWARE MOBILE APP, DEVICE CODE OR THIRD PARTY SOFTWARE OTHER SOFTWARE, DEVICE, OR PORTION OF THE SOFTWARE, IS OR WILL MEET YOUR REQUIREMENTS; BE UNINTERRUPTED OR ERROR-FREE OR COMPATIBLE WITH ANY OTHER HARDWARE OR OTHER ITEMS USED BY YOU, (II) ANY DEFECT CAN OR WILL BE CORRECTED OR THAT THE SERVICES, TRIAL SERVICES, SOFTWARE, OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTEDAVAILABLE OR USABLE. YOU ARE SOLELY AT RISK AS TO SATISFACTORY QUALITY, ERROR-FREE (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS PERFORMANCE, ACCURACY, AND EFFORT OF THE SOFTWARE, AND THE MATERIALS SHALL BE WITH YOU. XXXXX DOES NOT WARRANT OR MALICIOUS CODE MAKE ANY REPRESENTATIONS REGARDING THE COMPATIBILITY OF THE SOFTWARE WITH ANY THIRD PARTY DEVICE OR OTHERWISE)SERVICE AND EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES REGARDING THE COMPATIBILITY, FREE OF HARMFUL COMPONENTS, TIMELY OR SECURE; OR (III) THE SERVICES, TRIAL SERVICESINTERFACE, OR INTEROPERABILITY OF THE SOFTWARE WILL BE COMPATIBLE WITH ANY HARDWARE SUCH THIRD PARTY DEVICE 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 HEREUNDERSERVICE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH EXCLUSION OF AN EVENTIMPLIED WARRANTY, SUCH EXCLUSION WILL AND, THEREFORE, THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOUR SOLELY YOU, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION. WHERE APPLICABLE, ALL IMPLIED WARRANTIES WILL BE LIMITED TO THE EXTENT PROHIBITED BY APPLICABLE LAWPERIOD DURING WHICH THE LICENSE REMAINS IN EFFECT.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty; Disclaimer. JCI warrants that A. To the Service will perform substantially in conformance extent permitted by law, the sole warranty provided by Xxxxx with its Documentation throughout the Term. Except respect to the extent prohibited by applicable law, JCI’s sole obligation and your sole and exclusive remedy for breach of Software during the foregoing warranty shall be that JCI will entire period when the License remains in effect is to use commercially reasonable efforts to correct or bypass a material defect in the Software, as determined solely by Janus based on Xxxxx’x then-current published specifications for the Software, subject to this XXXX (the “Limited Warranty”). The Limited Warranty does not extend to you unless you have accepted this XXXX and remain bound by this XXXX. The Limited Warranty is for your benefit only and may not be assigned to or enforced by any other person or entity. The Limited Warranty will not apply to, and Janus will have no liability or obligation with respect to, problems or damage resulting from, but not limited to, any of the following: (i) where not directly caused by Janus, any accident, modification, neglect, abuse, careless or incorrect handling, misuse or improper operation, disassembly, misapplication or use in unusual physical environments or under operating conditions not approved by Janus; (ii) problems relating to or residing in non-conforming Service functionality without charge. JCI shall not be liable Janus hardware, software or other items with which the Software is used; (iii) use in an environment, in a manner or for warranty nonconformance caused a purpose for which the Software was neither designed nor in accordance with Xxxxx’x published documentation; (iv) installation, modification, alteration or repair by use anyone other than Janus or combination with hardware its authorized representatives, and software not break-ins at the Site unrelated to products and/or services provided by JCIJanus. B. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, misuse of the Service, or your negligence or willful misconduct. EXCEPT AS PROVIDED IN THIS SECTION, FOR THE SERVICES, TRIAL SERVICES, LIMITED WARRANTY WITH RESPECT TO THE SOFTWARE, THIRD PARTY SOFTWARE ALL OF THE SOFTWARE, AND ANY DATA, INFORMATION THE MATERIALS THAT ARE OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES MAY BE PROVIDED BY JANUS ARE PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS”, WITH ALL FAULTS AND JANUS HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES OF ANY KIND, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ERROR-FREE OPERATION, ACCURACY, THE SOFTWARE INTEGRATION, OR QUIET ENJOYMENT, AND ANY WARRANTIES THAT MAY ARISE FROM A COURSE OF CONDUCT, TRADE USAGE OR TRADE PRACTICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JCI AND ITS AFFILIATESJANUS DOES NOT REPRESENT, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, DISTRIBUTORS, AND VENDORS (THE “JCI PARTIES”) MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS WARRANT 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: GUARANTEE THAT (I) THE SERVICESOPERATION OF THE SOFTWARE, TRIAL SERVICESOR ANY WEB INTERFACE, SOFTWARE MOBILE APP, DEVICE CODE OR THIRD PARTY SOFTWARE OTHER SOFTWARE, DEVICE, OR PORTION OF THE SOFTWARE, IS OR WILL MEET YOUR REQUIREMENTS; BE UNINTERRUPTED OR ERROR-FREE OR COMPATIBLE WITH ANY OTHER HARDWARE OR OTHER ITEMS USED BY YOU, (II) ANY DEFECT CAN OR WILL BE CORRECTED OR THAT THE SERVICES, TRIAL SERVICES, SOFTWARE, OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTEDAVAILABLE OR USABLE. YOU ARE SOLELY AT RISK AS TO SATISFACTORY QUALITY, ERROR-FREE (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS PERFORMANCE, ACCURACY, AND EFFORT OF THE SOFTWARE, AND THE MATERIALS SHALL BE WITH YOU. XXXXX DOES NOT WARRANT OR MALICIOUS CODE MAKE ANY REPRESENTATIONS REGARDING THE COMPATIBILITY OF THE SOFTWARE WITH ANY THIRD PARTY DEVICE OR OTHERWISE)SERVICE AND EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES REGARDING THE COMPATIBILITY, FREE OF HARMFUL COMPONENTS, TIMELY OR SECURE; OR (III) THE SERVICES, TRIAL SERVICESINTERFACE, OR INTEROPERABILITY OF THE SOFTWARE WILL BE COMPATIBLE WITH ANY HARDWARE SUCH THIRD PARTY DEVICE 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 HEREUNDERSERVICE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH EXCLUSION OF AN EVENTIMPLIED WARRANTY, SUCH EXCLUSION WILL AND, THEREFORE, THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOUR SOLELY YOU, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION. WHERE APPLICABLE, ALL IMPLIED WARRANTIES WILL BE LIMITED TO THE EXTENT PROHIBITED BY APPLICABLE LAWPERIOD DURING WHICH THE LICENSE REMAINS IN EFFECT.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty; Disclaimer. JCI Tanium warrants that (i) for a period of thirty (30) days from the Service Effective Date, the Licensed Software will perform substantially operate in conformance substantial conformity with its Documentation throughout the TermDocumentation; and (ii) it shall use commercially reasonable efforts to screen the Licensed Software prior to delivery for viruses, Trojan horses, and other malicious code. Except Tanium shall not be liable for failures caused by third party hardware and software (including Customer’s own systems), misuse of the Licensed Software, or Customer’s negligence or willful misconduct. The foregoing warranties are solely for the benefit of Customer and Customer shall have no authority to the extent prohibited by applicable law, JCI’s sole obligation and your extend such warranty to any third party. The sole and exclusive remedy of Customer and the sole and exclusive liability of Tanium for breach of the foregoing warranty in Sections 7(i) and 7(ii), shall be that JCI will use commercially reasonable efforts to correct repair or replace the non-conforming Service functionality without chargeLicensed Software, or if repair or replacement would in Tanium’s opinion be commercially unreasonable, then Tanium shall terminate the relevant licenses and refund to Customer the portion of prepaid license fees paid for such non-conforming Licensed Software. JCI Tanium shall not be liable responsible 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 misconductLicensed Software if not operated in a manner recommended in the Documentation. EXCEPT AS PROVIDED IN THIS SECTION, THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY LICENSED SOFTWARE AND ANY DATA, INFORMATION OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL ALL SERVICES ARE PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JCI TANIUM AND ITS AFFILIATES, LICENSORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, DISTRIBUTORS, AND VENDORS (THE “JCI PARTIES”) MAKE NO (AND SPECIFICALLY SUPPLIERS DISCLAIM ALL) REPRESENTATIONS OR ALL OTHER WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY LICENSED SOFTWARE AND ANY DATA, INFORMATION, OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (A) BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF ACCURACY, NON- NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET QUITE ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (B) ANY WARRANTY THAT: (I) . TANIUM DOES NOT WARRANT THAT THE SERVICES, TRIAL SERVICES, SOFTWARE OR THIRD PARTY LICENSED SOFTWARE WILL MEET YOUR CUSTOMER’S REQUIREMENTS; (II) THE SERVICES, TRIAL SERVICES, SOFTWARE, OR THIRD PARTY THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED, UNINTERRUPTED OR 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 DOCUMENTATIONFREE, OR THAT DEFECTS IN THE SERVICES, TRIAL SERVICES OR LICENSED 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 TANIUM SHALL CREATE ANY ADDITIONAL TANIUM WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF JCITANIUM’S OBLIGATIONS HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENTIf applicable law affords Customer implied warranties, SUCH EXCLUSION WILL NOT APPLY TO YOUR SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAWguarantees or conditions despite these exclusions, those warranties will be limited to one (1) year from the Effective Date and Customer’s remedies will be limited to the maximum extent allowed by Sections 7 and 9.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty; Disclaimer. JCI warrants We warrant that at the Service time we transfer ownership of Propane or deliver a Leased Tank to you, we will perform substantially in conformance with its Documentation throughout the Termtransfer it free from all liens, claims, and encumbrances. 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”) WE MAKE NO (AND SPECIFICALLY DISCLAIM ALL) OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICESKIND, TRIAL SERVICESDIRECT OR INDIRECT, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION, EXPRESS OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, INCLUDING WITHOUT LIMITATION: (A) THE IMPLIED WARRANTIES OF ACCURACY, NON- INFRINGEMENT, TITLESUITABILITY, MERCHANTABILITY, QUIET ENJOYMENTFITNESS FOR USE, QUALITY OF INFORMATION, AND OR FITNESS FOR A PARTICULAR PURPOSE; (B) PURPOSE OF THE PROPANE, TANK OR EQUIPMENT SOLD BY US. WE EXPRESSLY DISCLAIM AND EXCLUDE ALL SUCH REPRESENTATIONS AND WARRANTIES. NO EMPLOYEE, OR AGENT OF OURS MAY MAKE ANY WARRANTY THAT: (I) THE SERVICESON OUR BEHALF. Limitations of Liability. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR INDIRECT OR CONSEQUENTIAL DAMAGES, TRIAL SERVICESINCLUDING BUT NOT LIMITED TO LOST PROFITS OR INCREASED COSTS OF OPERATION. WE WILL NOT BE LIABLE FOR PUNITIVE, SOFTWARE OR THIRD PARTY SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICESINCIDENTAL, TRIAL SERVICES, SOFTWAREEXEMPLARY, OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTEDSPECIAL DAMAGES. THESE LIMITATIONS APPLY EVEN IF THE DAMAGES WERE FORESEEABLE OR WE KNEW THEY WERE POSSIBLE. THESE LIMITATIONS APPLY WHETHER THE CLAIM IS BASED ON CONTRACT, ERROR-FREE (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS OR MALICIOUS CODE OR OTHERWISE)TORT, FREE OF HARMFUL COMPONENTS, TIMELY OR SECURE; OR (III) THE SERVICES, TRIAL SERVICESPRODUCT LIABILITY, OR SOFTWARE WILL BE COMPATIBLE WITH ANY HARDWARE OTHER LEGAL OR SOFTWARE NOT EXPLICITLY SPECIFIED IN THE DOCUMENTATIONEQUITABLE THEORY. OUR LIABILITY FOR LANDSCAPING DAMAGE DURING INSTALLATION, DISCONNECTION, OR THAT DEFECTS DELIVERY SHALL NOT EXCEED THE REASONABLE COST OF REPLACING LANDSCAPING AND IN THE SERVICES, TRIAL SERVICES OR SOFTWARE WILL BE CORRECTED; AND NO EVENT SHALL EXCEED ONE THOUSAND DOLLARS (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 TO YOUR SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW$1,000).

Appears in 1 contract

Samples: Propane Customer Agreement

Limited Warranty; Disclaimer. JCI Ubiz warrants to you, for thirty (30) days from the date of the License Order Confirmation, the Software shall be in operable condition as described in the documentation provided as part of the Software. Ubiz does not warrant that the Service Software will perform substantially in conformance with its Documentation throughout function without errors or interruptions. In the Term. Except event that the Software fails to the extent prohibited by applicable lawconform to this warranty, JCIUbiz’s sole obligation liability and your sole and exclusive remedy for breach shall be, at Ubiz’s option, either (a) return 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 price paid by use you, or combination with hardware and software not provided by JCI, misuse (b) repair or replacement of the Service, Software. This limited warranty does not apply to Demo Licenses 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 Software identified as AS AVAILABLEbeta,” “AS pre-release,” “test,” “AS-IS,” or the like, or to any support or other services performed by Ubiz, all of which are supplied on an “AS-IS” BASISbasis without any warranty of any kind. This limited warranty is void if failure of the Software resulted from your negligence, abuse, accident, or improper or unauthorized use of the Software. THE FOREGOING LIMITED WARRANTY IS IN LIEU OF AND UBIZ DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JCI AND ITS AFFILIATESALL OTHER WARRANTIES, AND THEIR RESPECTIVE DIRECTORSEXPRESS OR IMPLIED (WHETHER BY STATUTE, OFFICERSCOMMON LAW, AGENTSCUSTOM, LICENSORSUSAGE OR OTHERWISE), SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, DISTRIBUTORS, AND VENDORS (THE “JCI PARTIES”) MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR INCLUDING BUT NOT LIMITED TO 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) , CONDITIONS OF QUALITY, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. THE FOREGOING LIMITED WARRANTY SHALL FURTHER NOT BE ENLARGED OR OTHERWISE AFFECTED BY UBIZ ’S RENDERING OF ANY WARRANTY THAT: (I) SUPPORT SERVICES OR TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH THE SERVICES, TRIAL SERVICES, SOFTWARE OR THIRD YOUR USE THEREOF. UBIZ SHALL NOT BE HELD RESPONSIBLE FOR THE PERFORMANCE OF OR OUTPUT OBTAINED FROM THE SOFTWARE NOR FOR ANY LIABILITY TO ANY 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 USE OF PERFORMANCETHE SOFTWARE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, 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 AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO YOUR SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAWSTATE.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty; Disclaimer. JCI Tanium warrants that (i) for a period of ninety (90) days from the Service Effective Date, the Licensed Software will perform substantially operate in conformance substantial conformity with its Documentation throughout the TermDocumentation; and (ii) it shall use commercially reasonable efforts to screen the Licensed Software prior to Delivery to Customer for viruses, Trojan horses, and other malicious code. Except The foregoing warranties are solely for the benefit of Customer and Customer shall have no authority to the extent prohibited by applicable law, JCI’s sole obligation and your extend such warranty to any third party. The sole and exclusive remedy of Customer, and the sole and exclusive liability of Tanium, for breach of the foregoing warranty warranties in this Section, shall be that JCI will use commercially reasonable efforts to correct repair or replace the non-conforming Service functionality without chargeLicensed Software, or if repair or replacement would, in Tanium’s opinion, be commercially unreasonable, then Tanium shall terminate the relevant licenses and refund to Customer the portion of prepaid license fees paid for such non-conforming Licensed Software. JCI This warranty is contingent upon the proper installation and use of the Licensed Software as described in the Documentation and this Agreement; Tanium shall not be liable responsible for warranty nonconformance caused by Customer’s use or combination with hardware and software not provided by JCI, misuse of the Service, Licensed Software if not operated in a manner recommended in the Documentation. Any modification to the Licensed Software by Customer or your negligence any third party or willful misconductfailure by Customer to implement any Enhancements to the Licensed Software may void Tanium’s obligation to provide Support Services and Tanium’s warranties under this Section. EXCEPT AS PROVIDED IN THIS SECTION, THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY LICENSED SOFTWARE AND ANY DATA, INFORMATION OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL ALL SERVICES ARE PROVIDED ON AN “AS AS-AVAILABLE,” “AS AS-IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JCI TANIUM AND ITS AFFILIATES, LICENSORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, DISTRIBUTORS, AND VENDORS (THE “JCI PARTIES”) MAKE NO (AND SPECIFICALLY SUPPLIERS DISCLAIM ALL) REPRESENTATIONS OR ALL OTHER WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY LICENSED SOFTWARE AND ANY DATA, INFORMATION, OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (A) BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF ACCURACY, NON- NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (B) ANY WARRANTY THAT: (I) . TANIUM DOES NOT WARRANT THAT THE SERVICES, TRIAL SERVICES, LICENSED SOFTWARE OR THIRD PARTY SOFTWARE SERVICES WILL MEET YOUR CUSTOMER’S REQUIREMENTS; (II) THE SERVICES, TRIAL SERVICES, SOFTWARE, OR THIRD PARTY WILL CAUSE CUSTOMER TO BE COMPLIANT WITH APPLICABLE LAW; THAT CUSTOMER’S USE OF THE LICENSED SOFTWARE OR SERVICES WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS; THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED, UNINTERRUPTED OR ERROR-FREE (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS OR MALICIOUS CODE OR OTHERWISE), FREE OF HARMFUL COMPONENTS, TIMELY OR SECUREFREE; OR (III) THE SERVICES, TRIAL SERVICES, THAT ERRORS 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 LICENSED SOFTWARE WILL BE CORRECTED; AND (C) . TANIUM DOES NOT MAKE ANY REPRESENTATION OR WARRANTY ARISING OUT REGARDING THE PERFORMANCE OR RESULTS OF THE LICENSED SOFTWARE OR SERVICES. TANIUM DOES NOT PROVIDE WARRANTIES WITH RESPECT TO ANY COURSE OF PERFORMANCETHIRD-PARTY PRODUCTS, COURSE OF DEALINGSCRIPTS, CONTENT OR USAGE OF TRADEOTHER TECHNOLOGIES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN ADVICE, INCLUDING, BUT NOT LIMITED TO, SUGGESTIONS, ROUTINES, SCRIPTS OR QUERIES, PROVIDED BY JCI OR ANY OF ITS PERSONNEL OR AGENTS WILL TANIUM SHALL CREATE ANY ADDITIONAL TANIUM WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF JCIWARRANTIES OR TANIUM’S LIABILITY OR OBLIGATIONS HEREUNDERUNDER THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW TANIUM HAS NO RESPONSIBLITY OR LIABILITY FOR ANY THIRD-PARTY PRODUCTS OR TECHNOLOGIES USED BY CUSTOMER WHETHER INDEPENDENTLY OR IN CONJUNCTION WITH THE FOREGOING EXCLUSIONSLICENSED SOFTWARE. IN SUCH AN EVENTIf applicable law affords Customer implied warranties, SUCH EXCLUSION WILL NOT APPLY TO YOUR SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.guarantees or conditions despite these

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty; Disclaimer. JCI warrants that the Service will perform substantially in conformance A. The sole warranty provided by Xxxxx with its Documentation throughout the Term. Except respect to the extent prohibited by applicable law, JCI’s sole obligation and your sole and exclusive remedy for breach of Software during the foregoing warranty shall be that JCI will entire period when the License remains in effect is to use commercially reasonable efforts to correct or bypass a material defect in the Software, as determined solely by Janus based on Xxxxx’x then-current published specifications for the Software, subject to this XXXX (the “Limited Warranty”). The Limited Warranty does not extend to you unless you have accepted this XXXX and remain bound by this XXXX. The Limited Warranty is for your benefit only and may not be assigned to or enforced by any other person or entity. The Limited Warranty will not apply to, and Janus will have no liability or obligation with respect to, problems or damage resulting from, but not limited to, any of the following: (i) where not directly caused by Janus, any accident, modification, neglect, abuse, careless or incorrect handling, misuse or improper operation, disassembly, misapplication or use in unusual physical environments or under operating conditions not approved by Janus; (ii) problems relating to or residing in non-conforming Service functionality without charge. JCI shall not be liable Janus hardware, software or other items with which the Software is used; (iii) use in an environment, in a manner or for warranty nonconformance caused a purpose for which the Software was neither designed nor in accordance with Xxxxx’x published documentation; (iv) installation, modification, alteration or repair by use anyone other than Janus or combination with hardware its authorized representatives, and software not break-ins at the Facility and/or Your Unit unrelated to products and/or services provided by JCIJanus. B. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, misuse of the Service, or your negligence or willful misconduct. EXCEPT AS PROVIDED IN THIS SECTION, FOR THE SERVICES, TRIAL SERVICES, LIMITED WARRANTY WITH RESPECT TO THE SOFTWARE, THIRD PARTY SOFTWARE ALL OF THE SOFTWARE, AND ANY DATA, INFORMATION THE MATERIALS THAT ARE OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES MAY BE PROVIDED BY JANUS ARE PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS”, WITH ALL FAULTS AND JANUS HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES OF ANY KIND, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ERROR-FREE OPERATION, ACCURACY, THE SOFTWARE INTEGRATION, OR QUIET ENJOYMENT, AND ANY WARRANTIES THAT MAY ARISE FROM A COURSE OF CONDUCT, TRADE USAGE OR TRADE PRACTICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JCI AND ITS AFFILIATESJANUS DOES NOT REPRESENT, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, DISTRIBUTORS, AND VENDORS (THE “JCI PARTIES”) MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS WARRANT 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: GUARANTEE THAT (I) THE SERVICESOPERATION OF THE SOFTWARE, TRIAL SERVICESOR ANY WEB INTERFACE, SOFTWARE MOBILE APP, DEVICE CODE OR THIRD PARTY SOFTWARE OTHER SOFTWARE, DEVICE, OR PORTION OF THE SOFTWARE, IS OR WILL MEET YOUR REQUIREMENTS; BE UNINTERRUPTED OR ERROR-FREE OR COMPATIBLE WITH ANY OTHER HARDWARE OR OTHER ITEMS USED BY YOU, (II) ANY DEFECT CAN OR WILL BE CORRECTED OR THAT THE SERVICES, TRIAL SERVICES, SOFTWARE, OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTEDAVAILABLE OR USABLE. XXXXX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE COMPATIBILITY OF THE SOFTWARE WITH ANY THIRD PARTY DEVICE OR SERVICE AND EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES REGARDING THE COMPATIBILITY, ERROR-FREE (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS OR MALICIOUS CODE OR OTHERWISE), FREE OF HARMFUL COMPONENTS, TIMELY OR SECURE; OR (III) THE SERVICES, TRIAL SERVICESINTERFACE, OR INTEROPERABILITY OF THE SOFTWARE WILL BE COMPATIBLE WITH ANY HARDWARE SUCH THIRD PARTY DEVICE 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 HEREUNDERSERVICE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH EXCLUSION OF AN EVENTIMPLIED WARRANTY, SUCH EXCLUSION WILL AND, THEREFORE, THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOUR SOLELY YOU, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION. WHERE APPLICABLE, ALL IMPLIED WARRANTIES WILL BE LIMITED TO THE EXTENT PROHIBITED BY APPLICABLE LAWPERIOD DURING WHICH THE LICENSE REMAINS IN EFFECT.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty; Disclaimer. JCI Rapid warrants that the Service all work performed pursuant to Paragraph 3 will perform substantially be performed in conformance with its Documentation throughout the Terma professional and workmanlike manner. Except to the extent prohibited by applicable law, JCICustomer’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 nonre-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 performance of the Service, or your negligence or willful misconductServices at no additional cost to Customer. EXCEPT AS FOR THE WARRANTIES EXPRESSLY PROVIDED IN THIS SECTIONSECTION 7, 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 RAPID MAKES NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR OTHER 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 SERVICESSOFTWARE OF ANY KIND WHATSOEVER, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (A) THE IMPLIED INCLUDING BUT NOT LIMITED TO 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 SERVICESMERCHANTABILITY, SOFTWARE OR THIRD PARTY SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICESTITLE, TRIAL SERVICES, SOFTWARE, OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED, ERRORNON-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 PERFORMANCEINFRINGEMENT, COURSE OF DEALING, OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JCI OR ANY OF TRADE WITH RESPECT TO ITS PERSONNEL OR AGENTS WILL CREATE ANY ADDITIONAL SERVICES, WHICH 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 TO YOUR SOLELY ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PROHIBITED BY PERMISSIBLE UNDER APPLICABLE LAW. CUSTOMER’S EXCLUSIVE REMEDIES AND RAPID’S SOLE LIABILITY FOR ANY NON-CONFORMITY OR DEFECT IN THE PRODUCTS OR SUCH SOFTWARE SHALL BE THOSE EXPRESSED HEREIN. RAPID PROVIDES NO WARRANTIES FOR SOFTWARE DESIGNATED AS OBSOLETE BY RAPID EITHER IN WRITTEN NOTICE TO CUSTOMER OR OTHERWISE POSTED ON RAPID’S WEBSITE.

Appears in 1 contract

Samples: Terms and Conditions of Service

Limited Warranty; Disclaimer. JCI warrants that the Service will perform substantially in conformance A. The sole warranty provided by Xxxxx with its Documentation throughout the Term. Except respect to the extent prohibited by applicable law, JCI’s sole obligation and your sole and exclusive remedy for breach of Software during the foregoing warranty shall be that JCI will entire period when the License remains in effect is to use commercially reasonable efforts to correct or bypass a material defect in the Software, as determined solely by Janus based on Xxxxx’x then-current published specifications for the Software, subject to this XXXX (the “Limited Warranty”). The Limited Warranty does not extend to you unless you have accepted this XXXX and remain bound by this XXXX. The Limited Warranty is for your benefit only and may not be assigned to or enforced by any other person or entity. The Limited Warranty will not apply to, and Janus will have no liability or obligation with respect to, problems or damage resulting from, but not limited to, any of the following: (i) where not directly caused by Janus, any accident, modification, neglect, abuse, careless or incorrect handling, misuse or improper operation, disassembly, misapplication or use in unusual physical environments or under operating conditions not approved by Janus; (ii) problems relating to or residing in non-conforming Service functionality without charge. JCI shall not be liable Janus hardware, software or other items with which the Software is used; (iii) use in an environment, in a manner or for warranty nonconformance caused a purpose for which the Software was neither designed nor in accordance with Xxxxx’x published documentation; (iv) installation, modification, alteration or repair by use anyone other than Janus or combination with hardware its authorized representatives, and software not break-ins at the Site unrelated to products and/or services 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. Janus. B. 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 (EXCEPT FOR THE “JCI PARTIES”) MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND LIMITED WARRANTY WITH RESPECT TO THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE ALL OF THE SOFTWARE, AND THE MATERIALS THAT ARE OR MAY BE PROVIDED BY JANUS ARE PROVIDED “AS IS”, WITH ALL FAULTS AND XXXXX XXXXXX DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES OF ANY DATAKIND, INFORMATION, EXPRESSED OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (A) THE IMPLIED INCLUDING WARRANTIES OF ACCURACY, NON- INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) , TITLE, NON-INFRINGEMENT, ERROR-FREE OPERATION, ACCURACY, THE SOFTWARE INTEGRATION, OR QUIET ENJOYMENT, AND ANY WARRANTY THAT: WARRANTIES THAT MAY ARISE FROM A COURSE OF CONDUCT, TRADE USAGE OR TRADE PRACTICE. XXXXX DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT (I) THE SERVICESOPERATION OF THE SOFTWARE, TRIAL SERVICESOR ANY WEB INTERFACE, SOFTWARE MOBILE APP, DEVICE CODE OR THIRD PARTY SOFTWARE OTHER SOFTWARE, DEVICE, OR PORTION OF THE SOFTWARE, IS OR WILL MEET YOUR REQUIREMENTS; BE UNINTERRUPTED OR ERROR-FREE OR COMPATIBLE WITH ANY OTHER HARDWARE OR OTHER ITEMS USED BY YOU, (II) ANY DEFECT CAN OR WILL BE CORRECTED OR THAT THE SERVICES, TRIAL SERVICES, SOFTWARE, OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTEDAVAILABLE OR USABLE. YOU ARE SOLELY AT RISK AS TO SATISFACTORY QUALITY, ERROR-FREE (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS PERFORMANCE, ACCURACY, AND EFFORT OF THE SOFTWARE, AND THE MATERIALS SHALL BE WITH YOU. XXXXX DOES NOT WARRANT OR MALICIOUS CODE MAKE ANY REPRESENTATIONS REGARDING THE COMPATIBILITY OF THE SOFTWARE WITH ANY THIRD PARTY DEVICE OR OTHERWISE)SERVICE AND EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES REGARDING THE COMPATIBILITY, FREE OF HARMFUL COMPONENTS, TIMELY OR SECURE; OR (III) THE SERVICES, TRIAL SERVICESINTERFACE, OR INTEROPERABILITY OF THE SOFTWARE WILL BE COMPATIBLE WITH ANY HARDWARE SUCH THIRD PARTY DEVICE 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 HEREUNDERSERVICE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH EXCLUSION OF AN EVENTIMPLIED WARRANTY, SUCH EXCLUSION WILL AND, THEREFORE, THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOUR SOLELY YOU, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION. WHERE APPLICABLE, ALL IMPLIED WARRANTIES WILL BE LIMITED TO THE EXTENT PROHIBITED BY APPLICABLE LAWPERIOD DURING WHICH THE LICENSE REMAINS IN EFFECT.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty; Disclaimer. JCI Horizon DataSys Inc warrants that any physical media manufactured by Horizon DataSys Inc on which the Service Software is distributed will perform substantially in conformance with its Documentation throughout be free from defects for a period of 30 days from the Termdate of delivery of the Software to you. Except to the extent prohibited by applicable law, JCI’s sole obligation and your Your sole and exclusive remedy for remedy, and Horizon DataSys Inc's sole liability, in the event of a breach of the foregoing warranty shall warranty, will be that JCI will use commercially reasonable efforts Horizon DataSys Inc will, at its option, replace any defective media returned to correct Horizon DataSys Inc within the non-conforming Service functionality without charge. JCI shall not be liable warranty period or refund the money you paid 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” BASISSoftware. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JCI (a) THE LIMITED WARRANTY SET FORTH IN THIS SECTION 8 IS EXCLUSIVE AND ITS AFFILIATESLIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED; AND THEIR RESPECTIVE DIRECTORS(b) EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THIS SECTION 8, OFFICERSHORIZON DATASYS INC DISCLAIMS ALL WARRANTIES AND CONDITIONS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, DISTRIBUTORS, AND VENDORS (THE “JCI PARTIES”) MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS EXPRESS 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 INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF ACCURACY, NON- INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (B) PURPOSE AND NONINFRINGEMENT, AND 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; WARRANTIES AND (C) ANY WARRANTY CONDITIONS ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING, DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN INFORMATION WRITTEN, OBTAINED FROM HORIZON DATASYS INC OR ADVICE GIVEN BY JCI OR ANY OF ITS PERSONNEL OR AGENTS ELSEWHERE WILL CREATE ANY ADDITIONAL WARRANTIES WARRANTY OR CONDITION NOT EXPRESSLY STATED IN ANY WAY INCREASE THE SCOPE OF JCI’S OBLIGATIONS HEREUNDERTHIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONSHorizon DataSys Inc does not warrant that the Software will meet your requirements, that the Software will operate in the combinations, on the operating system or in the environments that you may select for Execution, that the operation of the Software will be error-free or uninterrupted, or that all Software errors will be corrected. IN SUCH AN EVENTHorizon DataSys Inc specifically disclaims any warranty or representation as to the Software’s ability to eliminate any specific malware threats or the completeness of the Database or protection modules. You are solely responsible for the data, SUCH EXCLUSION WILL NOT APPLY TO YOUR SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAWsoftware, and other content carried on your Devices and for backing up your data, software, and other content.

Appears in 1 contract

Samples: Software License Agreement

Limited Warranty; Disclaimer. JCI warrants that A. To the Service will perform substantially in conformance extent permitted by law, the sole warranty provided by Xxxxx with its Documentation throughout the Term. Except respect to the extent prohibited by applicable law, JCI’s sole obligation and your sole and exclusive remedy for breach of Software during the foregoing warranty shall be that JCI will entire period when the License remains in effect is to use commercially reasonable efforts to correct or bypass a material defect in the Software, as determined solely by Janus based on Xxxxx’x then-current published specifications for the Software, subject to this XXXX (the “Limited Warranty”). The Limited Warranty does not extend to you unless you have accepted this XXXX and remain bound by this XXXX. The Limited Warranty is for your benefit only and may not be assigned to or enforced by any other person or entity. The Limited Warranty will not apply to, and Janus will have no liability or obligation with respect to, problems or damage resulting from, but not limited to, any of the following: (i) where not directly caused by Janus, any accident, modification, neglect, abuse, careless or incorrect handling, misuse or improper operation, disassembly, misapplication or use in unusual physical environments or under operating conditions not approved by Janus; (ii) problems relating to or residing in non-conforming Service functionality without charge. JCI shall not be liable Janus hardware, software or other items with which the Software is used; (iii) use in an environment, in a manner or for warranty nonconformance caused a purpose for which the Software was neither designed nor in accordance with Xxxxx’x published documentation; (iv) installation, modification, alteration or repair by use anyone other than Janus or combination with hardware its authorized representatives, and software not break-ins at the Site unrelated to products and/or services provided by JCIJanus. B. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, misuse of the Service, or your negligence or willful misconduct. EXCEPT AS PROVIDED IN THIS SECTION, FOR THE SERVICES, TRIAL SERVICES, LIMITED WARRANTY WITH RESPECT TO THE SOFTWARE, THIRD PARTY SOFTWARE ALL OF THE SOFTWARE, AND ANY DATA, INFORMATION THE MATERIALS THAT ARE OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES MAY BE PROVIDED BY JANUS ARE PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS”, WITH ALL FAULTS AND XXXXX XXXXXX DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES OF ANY KIND, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ERROR-FREE OPERATION, ACCURACY, THE SOFTWARE INTEGRATION, OR QUIET ENJOYMENT, AND ANY WARRANTIES THAT MAY ARISE FROM A COURSE OF CONDUCT, TRADE USAGE OR TRADE PRACTICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JCI AND ITS AFFILIATESJANUS DOES NOT REPRESENT, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, DISTRIBUTORS, AND VENDORS (THE “JCI PARTIES”) MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS WARRANT 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: GUARANTEE THAT (I) THE SERVICESOPERATION OF THE SOFTWARE, TRIAL SERVICESOR ANY WEB INTERFACE, SOFTWARE MOBILE APP, DEVICE CODE OR THIRD PARTY SOFTWARE OTHER SOFTWARE, DEVICE, OR PORTION OF THE SOFTWARE, IS OR WILL MEET YOUR REQUIREMENTS; BE UNINTERRUPTED OR ERROR-FREE OR COMPATIBLE WITH ANY OTHER HARDWARE OR OTHER ITEMS USED BY YOU, (II) ANY DEFECT CAN OR WILL BE CORRECTED OR THAT THE SERVICES, TRIAL SERVICES, SOFTWARE, OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTEDAVAILABLE OR USABLE. YOU ARE SOLELY AT RISK AS TO SATISFACTORY QUALITY, ERROR-FREE (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS PERFORMANCE, ACCURACY, AND EFFORT OF THE SOFTWARE, AND THE MATERIALS SHALL BE WITH YOU. XXXXX DOES NOT WARRANT OR MALICIOUS CODE MAKE ANY REPRESENTATIONS REGARDING THE COMPATIBILITY OF THE SOFTWARE WITH ANY THIRD PARTY DEVICE OR OTHERWISE)SERVICE AND EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES REGARDING THE COMPATIBILITY, FREE OF HARMFUL COMPONENTS, TIMELY OR SECURE; OR (III) THE SERVICES, TRIAL SERVICESINTERFACE, OR INTEROPERABILITY OF THE SOFTWARE WILL BE COMPATIBLE WITH ANY HARDWARE SUCH THIRD PARTY DEVICE 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 HEREUNDERSERVICE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH EXCLUSION OF AN EVENTIMPLIED WARRANTY, SUCH EXCLUSION WILL AND, THEREFORE, THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOUR SOLELY YOU, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION. WHERE APPLICABLE, ALL IMPLIED WARRANTIES WILL BE LIMITED TO THE EXTENT PROHIBITED BY APPLICABLE LAWPERIOD DURING WHICH THE LICENSE REMAINS IN EFFECT.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty; Disclaimer. JCI warrants that the Service will perform substantially in conformance The sole warranty provided by Eco-Flo with its Documentation throughout the Term. Except respect to the extent prohibited by applicable lawSystem and Materials is a limited warranty, JCI’s sole obligation only during the period when the License remains in effect and your sole and exclusive remedy for breach of the foregoing warranty shall be that JCI will has not been suspended or terminated, to use commercially reasonable efforts to correct or bypass a material defect in the nonSystem or Materials, as determined solely by us based on our then-conforming Service functionality without chargecurrent published specifications for the System, at all times subject to this Agreement (“Limited Warranty”). JCI shall The Limited Warranty does not extend to you unless you have accepted this Agreement and remain bound by this Agreement. The Limited Warranty is for the benefit of the owner of the Pump and the licensee of its corresponding Mobile Application only and may not be liable for warranty nonconformance caused enforced by use any other person or combination entity. The Limited Warranty will not apply to, and we will have no liability or obligation with hardware and software respect to, problems or damage resulting from, but not provided by JCIlimited to, any of the following: (i) accident, modification, neglect, abuse, careless or incorrect handling, misuse of or improper installation, operation, disassembly, misapplication or use in unusual physical environments or under operating conditions not approved by us in writing; (ii) problems relating to or residing in hardware, software or other items with which the ServiceSystem are used that we did not furnish; (iii) use in an environment, in a manner or your negligence for a purpose for which the System was not designed or willful misconduct. EXCEPT AS PROVIDED IN THIS SECTIONnot in accordance with our published documentation; and (iv) installation, THE SERVICESmodification, 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” BASISalteration or repair by anyone other than us or our authorized representatives. 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 (EXCEPT FOR THE “JCI PARTIES”) MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND LIMITED WARRANTY WITH RESPECT TO THE SERVICESSYSTEM AND DEVICES, TRIAL SERVICESALL OF THE SYSTEM AND DEVICES THAT ARE OR MAY BE PROVIDED BY ECO-FLO OR ITS AFFILIATES ARE PROVIDED “AS IS”, SOFTWAREWITH ALL FAULTS AND IN LIEU OF, THIRD PARTY SOFTWARE AND WE HEREBY DISCLAIM, ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES OF ANY DATAKIND, INFORMATION, EXPRESSED OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (A) THE IMPLIED INCLUDING WARRANTIES OF ACCURACY, NON- INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND (INCLUDING WARRANTY AGAINST LATENT DEFECTS) OR FITNESS FOR A PARTICULAR OR GENERAL PURPOSE; (B) , TITLE, OWNERSHIP, NON-INFRINGEMENT, ERROR- FREE OPERATION, ACCURACY, SYSTEM INTEGRATION, OR QUIET ENJOYMENT, AND ANY WARRANTY THAT: WARRANTIES THAT MAY ARISE FROM A COURSE OF CONDUCT, TRADE USAGE OR TRADE PRACTICE OR OTHERWISE. WE DO NOT REPRESENT, WARRANT OR GUARANTEE THAT (I) THE SERVICESOPERATION OF THE SYSTEM, TRIAL SERVICESOR ANY PUMP, SOFTWARE MOBILE APPLICATION, MATERIALS, DEVICE CODE OR THIRD PARTY SOFTWARE OTHER PORTION OF THE SYSTEM, IS OR WILL MEET YOUR REQUIREMENTS; BE UNINTERRUPTED OR ERROR-FREE OR COMPATIBLE WITH ANY OTHER HARDWARE OR OTHER ITEMS USED BY YOU OR (II) THE SERVICES, TRIAL SERVICES, SOFTWARE, ANY DEFECT CAN OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTEDCORRECTED OR THAT THE SYSTEM WILL BE AVAILABLE OR USABLE, ERROR-FREE (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS OR MALICIOUS CODE OR OTHERWISE), FREE OF HARMFUL COMPONENTS, TIMELY OR SECURE; OR (III) THE SERVICESFUNCTIONS CONTAINED IN OR TO BE PROVIDED BY THE SYSTEM WILL MEET YOUR REQUIREMENTS OR THE REQUIREMENTS OF ANY STATE, TRIAL SERVICESPROVINCIAL, OR SOFTWARE WILL BE COMPATIBLE WITH ANY HARDWARE FEDERAL LAW OR SOFTWARE NOT EXPLICITLY SPECIFIED IN THE DOCUMENTATIONBUILDING CODE, INSURANCE REQUIREMENTS, OR THAT DEFECTS IN SIMILAR REGULATIONS. EXCEPT FOR THE SERVICESLIMITED WARRANTY, TRIAL SERVICES OR SOFTWARE WILL BE CORRECTED; AND (C) ANY WARRANTY ARISING OUT OF ANY COURSE OF THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, COURSE ACCURACY, AND EFFORT OF DEALINGTHE SYSTEM, OR USAGE OF TRADEAND THE MATERIALS SHALL BE WITH YOU. 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 HEREUNDERSome states or other jurisdictions do not allow the exclusion of an implied or statutory warranty, so the above disclaimers may not apply to you, and you may have other legal rights that vary by jurisdiction. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONSWhere applicable, all implied warranties will be limited to the period during which the License remains in effect and has not been terminated or subject to Suspension. IN SUCH AN EVENTWe are not responsible for any loss of your data, SUCH EXCLUSION WILL NOT APPLY TO YOUR SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAWor for any loss related to downtime associated with the use of the System, whether through power outage, failure of Internet or wireless connectivity, network disruptions, or otherwise.

Appears in 1 contract

Samples: License Agreement

Limited Warranty; Disclaimer. JCI Headway warrants to you, for thirty (30) days from the date of the License Order Confirmation, the Software shall be in operable condition as described in the documentation provided as part of the Software. Headway does not warrant that the Service Software will perform substantially in conformance with its Documentation throughout function without errors or interruptions. In the Term. Except event that the Software fails to the extent prohibited by applicable lawconform to this warranty, JCIHeadway’s sole obligation liability and your sole and exclusive remedy for breach shall be, at Headway’s option, either (a) return 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 price paid by use you, or combination with hardware and software not provided by JCI, misuse (b) repair or replacement of the Service, Software. This limited warranty does not apply to Demo Licenses 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 Software identified as AS AVAILABLEbeta,” “AS pre-release,” “test,” “AS-IS,” or the like, or to any support or other services performed by Headway, all of which are supplied on an “AS-IS” BASISbasis without any warranty of any kind. This limited warranty is void if failure of the Software resulted from your negligence, abuse, accident, or improper or unauthorized use of the Software. THE FOREGOING LIMITED WARRANTY IS IN LIEU OF AND HEADWAY DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JCI AND ITS AFFILIATESALL OTHER WARRANTIES, AND THEIR RESPECTIVE DIRECTORSEXPRESS OR IMPLIED (WHETHER BY STATUTE, OFFICERSCOMMON LAW, AGENTSCUSTOM, LICENSORSUSAGE OR OTHERWISE), SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, DISTRIBUTORS, AND VENDORS (THE “JCI PARTIES”) MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR INCLUDING BUT NOT LIMITED TO 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) , CONDITIONS OF QUALITY, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. THE FOREGOING LIMITED WARRANTY SHALL FURTHER NOT BE ENLARGED OR OTHERWISE AFFECTED BY HEADWAY’S RENDERING OF ANY WARRANTY THAT: (I) SUPPORT SERVICES OR TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH THE SERVICES, TRIAL SERVICES, SOFTWARE OR THIRD YOUR USE THEREOF. HEADWAY SHALL NOT BE HELD RESPONSIBLE FOR THE PERFORMANCE OF OR OUTPUT OBTAINED FROM THE SOFTWARE NOR FOR ANY LIABILITY TO ANY 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 USE OF PERFORMANCETHE SOFTWARE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, 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 AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO YOUR SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAWSTATE.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty; Disclaimer. JCI Kudu warrants that during the Service applicable subscription term that the Services will materially perform substantially in conformance accordance with its Documentation throughout the Termany applicable documentation. Except to the extent prohibited by applicable lawFor any breach of this warranty, JCICustomer’s sole obligation and your sole and exclusive remedy for breach is a refund of a maximum of fees paid during 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 misconductcurrent subscription term. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTIONHEREIN, THE KUDU DOES NOT MAKE ANY WARRANTY WITH REGARD TO ITS SERVICES. ALL WARRANTIES, TRIAL SERVICESEXPRESS, SOFTWAREIMPLIED, THIRD PARTY SOFTWARE AND STATUTORY OR OTHERWISE, ARE EXPRESSLY DISCLAIMED. KUDU SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING ANY DATAIMPLIED WARRANTY OF MERCHANTABILITY, INFORMATION FITNESS FOR A PARTICULAR PURPOSE OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES ARE PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JCI . THE SERVICES TO BE PROVIDED UNDER THIS AGREEMENT SHALL BE PERFORMED ENTIRELY AT CUSTOMER’S RISK. CUSTOMER HAS REQUESTED KUDU TO PERFORM THE SERVICES AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, DISTRIBUTORS, AND VENDORS (PROVIDE THE “JCI PARTIES”) SOFTWARE DESCRIBED HEREIN. KUDU DOES NOT WARRANT OR OTHERWISE GUARANTEE THAT THE SERVICES OR SOFTWARE PROVIDED PURSUANT TO THIS AGREEMENT WILL PRODUCE ANY SPECIFIC OR CERTAIN OUTCOME OR RESULTS FOR CUSTOMER. KUDU DOES NOT MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO COMMITMENTS ABOUT THE CONTENT WITHIN 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 SPECIFIC FUNCTION 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 SERVICESOR THEIR RELIABILITY, SOFTWARE OR THIRD PARTY SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES, TRIAL SERVICES, SOFTWAREAVAILABILITY, OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED, ERRORABILITY TO MEET CUSTOMER’S NEEDS. KUDU PROVIDES THE SERVICES “AS-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 TO YOUR SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAWIS”.

Appears in 1 contract

Samples: Customer Subscription Agreement

Limited Warranty; Disclaimer. JCI Headway warrants to you, for thirty (30) days from the date of the License Order Confirmation, the Software shall be in operable condition as described in the documentation provided as part of the Software. Headway does not warrant that the Service Software will perform substantially in conformance with its Documentation throughout function without errors or interruptions. In the Term. Except event that the Software fails to the extent prohibited by applicable lawconform to this warranty, JCIHeadway’s sole obligation liability and your sole and exclusive remedy for breach shall be, at Headway’s option, either (a) return 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 price paid by use you, or combination with hardware and software not provided by JCI, misuse (b) repair or replacement of the Service, Software. This limited warranty does not apply to Demo Licenses 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 Software identified as AS AVAILABLEbeta,” “AS pre- release,” “test,” “AS-IS,” or the like, or to any support or other services performed by Headway, all of which are supplied on an “AS-IS” BASISbasis without any warranty of any kind. This limited warranty is void if failure of the Software resulted from your negligence, abuse, accident, or improper or unauthorized use of the Software. THE FOREGOING LIMITED WARRANTY IS IN LIEU OF AND HEADWAY DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JCI AND ITS AFFILIATESALL OTHER WARRANTIES, AND THEIR RESPECTIVE DIRECTORSEXPRESS OR IMPLIED (WHETHER BY STATUTE, OFFICERSCOMMON LAW, AGENTSCUSTOM, LICENSORSUSAGE OR OTHERWISE), SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, DISTRIBUTORS, AND VENDORS (THE “JCI PARTIES”) MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR INCLUDING BUT NOT LIMITED TO 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) , CONDITIONS OF QUALITY, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. THE FOREGOING LIMITED WARRANTY SHALL FURTHER NOT BE ENLARGED OR OTHERWISE AFFECTED BY HEADWAY’S RENDERING OF ANY WARRANTY THAT: (I) SUPPORT SERVICES OR TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH THE SERVICES, TRIAL SERVICES, SOFTWARE OR THIRD YOUR USE THEREOF. HEADWAY SHALL NOT BE HELD RESPONSIBLE FOR THE PERFORMANCE OF OR OUTPUT OBTAINED FROM THE SOFTWARE NOR FOR ANY LIABILITY TO ANY 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 USE OF PERFORMANCETHE SOFTWARE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, 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 AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO YOUR SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAWSTATE.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty; Disclaimer. JCI warrants that the Service will perform substantially in conformance A. The sole warranty provided by Xxxxx with its Documentation throughout the Term. Except respect to the extent prohibited by applicable law, JCI’s sole obligation and your sole and exclusive remedy for breach of Software during the foregoing warranty shall be that JCI will entire period when the License remains in effect is to use commercially reasonable efforts to correct or bypass a material defect in the Software, as determined solely by Janus based on Xxxxx’x then-current published specifications for the Software, subject to this XXXX (the “Limited Warranty”). The Limited Warranty does not extend to you unless you have accepted this XXXX and remain bound by this XXXX. The Limited Warranty is for your benefit only and may not be assigned to or enforced by any other person or entity. The Limited Warranty will not apply to, and Janus will have no liability or obligation with respect to, problems or damage resulting from, but not limited to, any of the following: (i) where not directly caused by Janus, any accident, modification, neglect, abuse, careless or incorrect handling, misuse or improper operation, disassembly, misapplication or use in unusual physical environments or under operating conditions not approved by Janus; (ii) problems relating to or residing in non-conforming Service functionality without charge. JCI shall not be liable Janus hardware, software or other items with which the Software is used; (iii) use in an environment, in a manner or for warranty nonconformance caused a purpose for which the Software was neither designed nor in accordance with Xxxxx’x published documentation; (iv) installation, modification, alteration or repair by use anyone other than Janus or combination with hardware its authorized representatives, and software not break-ins at the Site unrelated to products and/or services 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. Janus. B. 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 (EXCEPT FOR THE “JCI PARTIES”) MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND LIMITED WARRANTY WITH RESPECT TO THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE ALL OF THE SOFTWARE, AND THE MATERIALS THAT ARE OR MAY BE PROVIDED BY JANUS ARE PROVIDED “AS IS”, WITH ALL FAULTS AND JANUS HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES OF ANY DATAKIND, INFORMATION, EXPRESSED OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (A) THE IMPLIED INCLUDING WARRANTIES OF ACCURACY, NON- INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) , TITLE, NON-INFRINGEMENT, ERROR-FREE OPERATION, ACCURACY, THE SOFTWARE INTEGRATION, OR QUIET ENJOYMENT, AND ANY WARRANTY THAT: WARRANTIES THAT MAY ARISE FROM A COURSE OF CONDUCT, TRADE USAGE OR TRADE PRACTICE. XXXXX DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT (I) THE SERVICESOPERATION OF THE SOFTWARE, TRIAL SERVICESOR ANY WEB INTERFACE, SOFTWARE MOBILE APP, DEVICE CODE OR THIRD PARTY SOFTWARE OTHER SOFTWARE, DEVICE, OR PORTION OF THE SOFTWARE, IS OR WILL MEET YOUR REQUIREMENTS; BE UNINTERRUPTED OR ERROR-FREE OR COMPATIBLE WITH ANY OTHER HARDWARE OR OTHER ITEMS USED BY YOU, (II) ANY DEFECT CAN OR WILL BE CORRECTED OR THAT THE SERVICES, TRIAL SERVICES, SOFTWARE, OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTEDAVAILABLE OR USABLE. YOU ARE SOLELY AT RISK AS TO SATISFACTORY QUALITY, ERROR-FREE (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS PERFORMANCE, ACCURACY, AND EFFORT OF THE SOFTWARE, AND THE MATERIALS SHALL BE WITH YOU. XXXXX DOES NOT WARRANT OR MALICIOUS CODE MAKE ANY REPRESENTATIONS REGARDING THE COMPATIBILITY OF THE SOFTWARE WITH ANY THIRD PARTY DEVICE OR OTHERWISE)SERVICE AND EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES REGARDING THE COMPATIBILITY, FREE OF HARMFUL COMPONENTS, TIMELY OR SECURE; OR (III) THE SERVICES, TRIAL SERVICESINTERFACE, OR INTEROPERABILITY OF THE SOFTWARE WILL BE COMPATIBLE WITH ANY HARDWARE SUCH THIRD PARTY DEVICE 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 HEREUNDERSERVICE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH EXCLUSION OF AN EVENTIMPLIED WARRANTY, SUCH EXCLUSION WILL AND, THEREFORE, THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOUR SOLELY YOU, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION. WHERE APPLICABLE, ALL IMPLIED WARRANTIES WILL BE LIMITED TO THE EXTENT PROHIBITED BY APPLICABLE LAWPERIOD DURING WHICH THE LICENSE REMAINS IN EFFECT.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty; Disclaimer. Section 7 (limited warranty; disclaimer) is replaced with the following: JCI warrants that (i) for a period of thirty (30) days from delivery initial delivery to you (the Service “Warranty Period”), the Software will perform substantially operate in conformance substantial conformity with its Documentation throughout Documentation; and (ii) it shall use screening software to scan the TermSoftware prior to delivery for viruses, Trojan horses, and other malicious code. Except to If, during the extent prohibited by applicable lawWarranty Period, JCI’s sole obligation and your sole and exclusive remedy for breach you notify JCI of any non-compliance with the foregoing warranty shall be that warranties, JCI will will, in its discretion: (a) use commercially reasonable efforts to provide the programming services necessary to correct any verifiable non-compliance with the foregoing warranties; or (b) replace any non-conforming Software; or if neither of foregoing options is reasonably available to JCI, (c) terminate this Agreement in whole or in part, and refund to You the fees, if any, paid for the non-conforming Service functionality without chargeSoftware (less depreciation calculated on a three (3)-year straight-line basis commencing on the date of initial delivery to you. JCI shall not be liable for warranty nonconformance failures caused by use or combination with third party hardware and software not provided by JCI(including your own systems), misuse of the ServiceSoftware, 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 IS PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. THIS WITHOUT PREJUDICE THAT JCI WILL BE LIABLE FOR ANY HIDDEN FAULTS OF THE PRODUCTS PROVIDED, AS WELL AS ANY DAMAGES ARISED AS A RESULT OF PROVIDING A PRODUCT THAT DO NOT CONFORM WITH JCI’S DESCRIPTION, AND/OR THAT IT IS USELESS FOR THE PURPOSES OF THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JCI AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, DISTRIBUTORS, SUPPLIERS AND VENDORS (THE “JCI PARTIES”) MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR ALL OTHER 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) BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF ACCURACY, NON- NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET QUITE ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (B) ANY WARRANTY THAT: (I) . JCI AND AFFILIATES AND THEIR RESPECTIVE ITS SUPPLIERS AND VENDORS DO NOT WARRANT THAT THE SERVICES, TRIAL SERVICES, SOFTWARE OR THIRD PARTY SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES, TRIAL SERVICES, SOFTWARE, OR THIRD PARTY THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, UNINTERRUPTED OR 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 DOCUMENTATIONFREE, 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 SHALL CREATE ANY ADDITIONAL JCI 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 TO YOUR SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Appears in 1 contract

Samples: End User License Agreement

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Limited Warranty; Disclaimer. JCI warrants that the Service will perform substantially in conformance A. The sole warranty provided by Xxxxx with its Documentation throughout the Term. Except respect to the extent prohibited by applicable law, JCI’s sole obligation and your sole and exclusive remedy for breach of Software during the foregoing warranty shall be that JCI will entire period when the License remains in effect is to use commercially reasonable efforts to correct or bypass a material defect in the Software, as determined solely by Janus based on Xxxxx’x then-current published specifications for the Software, subject to this XXXX (the “Limited Warranty”). The Limited Warranty does not extend to you unless you have accepted this XXXX and remain bound by this XXXX. The Limited Warranty is for your benefit only and may not be assigned to or enforced by any other person or entity. The Limited Warranty will not apply to, and Janus will have no liability or obligation with respect to, problems or damage resulting from, but not limited to, any of the following: (i) where not directly caused by Janus, any accident, modification, neglect, abuse, careless or incorrect handling, misuse or improper operation, disassembly, misapplication or use in unusual physical environments or under operating conditions not approved by Janus; (ii) problems relating to or residing in non-conforming Service functionality without charge. JCI shall not be liable Janus hardware, software or other items with which the Software is used; (iii) use in an environment, in a manner or for warranty nonconformance caused a purpose for which the Software was neither designed nor in accordance with Xxxxx’x published documentation; (iv) installation, modification, alteration or repair by use anyone other than Janus or combination with hardware its authorized representatives, and software not break-ins at the Facility and/or Your Unit unrelated to products and/or services 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. Janus. B. 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 (EXCEPT FOR THE “JCI PARTIES”) MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND LIMITED WARRANTY WITH RESPECT TO THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE ALL OF THE SOFTWARE, AND THE MATERIALS THAT ARE OR MAY BE PROVIDED BY JANUS ARE PROVIDED “AS IS”, WITH ALL FAULTS AND JANUS HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES OF ANY DATAKIND, INFORMATION, EXPRESSED OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (A) THE IMPLIED INCLUDING WARRANTIES OF ACCURACY, NON- INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) , TITLE, NON-INFRINGEMENT, ERROR-FREE OPERATION, ACCURACY, THE SOFTWARE INTEGRATION, OR QUIET ENJOYMENT, AND ANY WARRANTY THAT: WARRANTIES THAT MAY ARISE FROM A COURSE OF CONDUCT, TRADE USAGE OR TRADE PRACTICE. XXXXX DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT (I) THE SERVICESOPERATION OF THE SOFTWARE, TRIAL SERVICESOR ANY WEB INTERFACE, SOFTWARE MOBILE APP, DEVICE CODE OR THIRD PARTY SOFTWARE OTHER SOFTWARE, DEVICE, OR PORTION OF THE SOFTWARE, IS OR WILL MEET YOUR REQUIREMENTS; BE UNINTERRUPTED OR ERROR-FREE OR COMPATIBLE WITH ANY OTHER HARDWARE OR OTHER ITEMS USED BY YOU, (II) ANY DEFECT CAN OR WILL BE CORRECTED OR THAT THE SERVICES, TRIAL SERVICES, SOFTWARE, OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTEDAVAILABLE OR USABLE AT ALL TIMES. XXXXX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE COMPATIBILITY OF THE SOFTWARE WITH ANY THIRD PARTY DEVICE OR SERVICE AND EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES REGARDING THE COMPATIBILITY, ERROR-FREE (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS OR MALICIOUS CODE OR OTHERWISE), FREE OF HARMFUL COMPONENTS, TIMELY OR SECURE; OR (III) THE SERVICES, TRIAL SERVICESINTERFACE, OR INTEROPERABILITY OF THE SOFTWARE WILL BE COMPATIBLE WITH ANY HARDWARE SUCH THIRD PARTY DEVICE 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 HEREUNDERSERVICE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH EXCLUSION OF AN EVENTIMPLIED WARRANTY, SUCH EXCLUSION WILL AND, THEREFORE, THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOUR SOLELY YOU, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION. WHERE APPLICABLE, ALL IMPLIED WARRANTIES WILL BE LIMITED TO THE EXTENT PROHIBITED BY APPLICABLE LAWPERIOD DURING WHICH THE LICENSE REMAINS IN EFFECT.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty; Disclaimer. JCI warrants that the Service will perform substantially in conformance with its Documentation throughout the TermDocumentation. 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 SERVICE IS 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, DISTRIBUTORS AND VENDORS (THE “JCI PARTIES”) MAKE NO (DISCLAIM ALL OTHER WARRANTIES AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND CONDITIONS WITH RESPECT TO THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION, OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICESSERVICE, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (A) BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF ACCURACY, NON- NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (B) ANY WARRANTY . WITHOUT LIMITING THE FOREGOING, THE JCI PARTIES DO NOT WARRANT THAT: (IA) THE SERVICES, TRIAL SERVICES, SOFTWARE OR THIRD PARTY SOFTWARE SERVICE WILL MEET YOUR REQUIREMENTS; (IIB) THE SERVICES, TRIAL SERVICES, SOFTWARE, OR THIRD PARTY SOFTWARE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, UNINTERRUPTED OR ERROR-FREE (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS OR MALICIOUS CODE OR OTHERWISE), FREE OF HARMFUL COMPONENTS, TIMELY OR SECURE; OR (IIIC) THE SERVICES, TRIAL SERVICES, OR SOFTWARE WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE NOT EXPLICITLY SPECIFIED IN THE DOCUMENTATIONDOCUMENATION, OR THAT DEFECTS IN THE SERVICES, TRIAL SERVICES OR SOFTWARE SERVICE 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 SHALL CREATE ANY ADDITIONAL JCI WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF JCI’S OBLIGATIONS HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG SUCH WARRANTIES LAST, SO THE EXCLUSIONS OR LIMITATIONS SET FORTH IN SUCH AN EVENT, SUCH EXCLUSION WILL THIS SECTION 11 MAY NOT APPLY TO YOUR SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAWYOU.

Appears in 1 contract

Samples: Terms of Service

Limited Warranty; Disclaimer. JCI warrants that the Service will perform substantially in conformance A. The sole warranty provided by Xxxxx with its Documentation throughout the Term. Except respect to the extent prohibited by applicable law, JCI’s sole obligation and your sole and exclusive remedy for breach of Software during the foregoing warranty shall be that JCI will entire period when the License remains in effect is to use commercially reasonable efforts to correct or bypass a material defect in the Software, as determined solely by Janus based on Xxxxx’x then-current published specifications for the Software, subject to this XXXX (the “Limited Warranty”). The Limited Warranty does not extend to you unless you have accepted this XXXX and remain bound by this XXXX. The Limited Warranty is for your benefit only and may not be assigned to or enforced by any other person or entity. The Limited Warranty will not apply to, and Janus will have no liability or obligation with respect to, problems or damage resulting from, but not limited to, any of the following: (i) where not directly caused by Janus, any accident, modification, neglect, abuse, careless or incorrect handling, misuse or improper operation, disassembly, misapplication or use in unusual physical environments or under operating conditions not approved by Janus; (ii) problems relating to or residing in non-conforming Service functionality without charge. JCI shall not be liable Janus hardware, software or other items with which the Software is used; (iii) use in an environment, in a manner or for warranty nonconformance caused a purpose for which the Software was neither designed nor in accordance with Xxxxx’x published documentation; (iv) installation, modification, alteration or repair by use anyone other than Janus or combination with hardware its authorized representatives, and software not break-ins at the Facility and/or Your Unit unrelated to products and/or services 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. Janus. B. 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 (EXCEPT FOR THE “JCI PARTIES”) MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND LIMITED WARRANTY WITH RESPECT TO THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE ALL OF THE SOFTWARE, AND THE MATERIALS THAT ARE OR MAY BE PROVIDED BY JANUS ARE PROVIDED “AS IS”, WITH ALL FAULTS AND XXXXX XXXXXX DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES OF ANY DATAKIND, INFORMATION, EXPRESSED OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (A) THE IMPLIED INCLUDING WARRANTIES OF ACCURACY, NON- INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) , TITLE, NON-INFRINGEMENT, ERROR-FREE OPERATION, ACCURACY, THE SOFTWARE INTEGRATION, OR QUIET ENJOYMENT, AND ANY WARRANTY THAT: WARRANTIES THAT MAY ARISE FROM A COURSE OF CONDUCT, TRADE USAGE OR TRADE PRACTICE. XXXXX DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT (I) THE SERVICESOPERATION OF THE SOFTWARE, TRIAL SERVICESOR ANY WEB INTERFACE, SOFTWARE MOBILE APP, DEVICE CODE OR THIRD PARTY SOFTWARE OTHER SOFTWARE, DEVICE, OR PORTION OF THE SOFTWARE, IS OR WILL MEET YOUR REQUIREMENTS; BE UNINTERRUPTED OR ERROR-FREE OR COMPATIBLE WITH ANY OTHER HARDWARE OR OTHER ITEMS USED BY YOU, (II) ANY DEFECT CAN OR WILL BE CORRECTED OR THAT THE SERVICES, TRIAL SERVICES, SOFTWARE, OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTEDAVAILABLE OR USABLE AT ALL TIMES. XXXXX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE COMPATIBILITY OF THE SOFTWARE WITH ANY THIRD PARTY DEVICE OR SERVICE AND EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES REGARDING THE COMPATIBILITY, ERROR-FREE (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS OR MALICIOUS CODE OR OTHERWISE), FREE OF HARMFUL COMPONENTS, TIMELY OR SECURE; OR (III) THE SERVICES, TRIAL SERVICESINTERFACE, OR INTEROPERABILITY OF THE SOFTWARE WILL BE COMPATIBLE WITH ANY HARDWARE SUCH THIRD PARTY DEVICE 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 HEREUNDERSERVICE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH EXCLUSION OF AN EVENTIMPLIED WARRANTY, SUCH EXCLUSION WILL AND, THEREFORE, THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOUR SOLELY YOU, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION. WHERE APPLICABLE, ALL IMPLIED WARRANTIES WILL BE LIMITED TO THE EXTENT PROHIBITED BY APPLICABLE LAWPERIOD DURING WHICH THE LICENSE REMAINS IN EFFECT.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty; Disclaimer. JCI Industrial Logic warrants to Licensee that the Service ILR Services will perform substantially be provided in conformance with its Documentation throughout the Terma professional and workmanlike manner. 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 INDUSTRIAL LOGIC EXPRESSLY DISCLAIMS ALL OTHER EXPRESS 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 OTHERWISEIMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION: (A) , THE IMPLIED WARRANTIES OF ACCURACY, NON- INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) . INDUSTRIAL LOGIC IS DELIVERING THE ILR SERVICES ON AN "AS IS" BASIS. INDUSTRIAL LOGIC DOES NOT WARRANT THAT THE ILR SERVICES AND ANY WARRANTY THAT: (I) THE SERVICES, TRIAL SERVICES, SOFTWARE OR THIRD PARTY SOFTWARE ILR MATERIALS PROVIDED BY INDUSTRIAL LOGIC TO LICENSEE HEREUNDER WILL MEET YOUR REQUIREMENTS; (II) THE SERVICESREQUIREMENTS OF LICENSEE AND INDUSTRIAL LOGIC ASSUMES NO RESPONSIBILITY FOR THE QUALITY, TRIAL SERVICESUTILITY, SOFTWARE, ACCURACY OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS OR MALICIOUS CODE OR OTHERWISE), FREE SECURITY OF HARMFUL COMPONENTS, TIMELY OR SECURE; OR (III) THE SERVICES, TRIAL ILR SERVICES, OR SOFTWARE WILL BE COMPATIBLE WITH USEFULNESS OF THE SAME FOR ANY HARDWARE PURPOSE. INDUSTRIAL LOGIC DOES NOT GUARANTEE NETWORK SECURITY. INDUSTRIAL LOGIC ACCEPTS NO RESPONSIBILITY OR SOFTWARE NOT EXPLICITLY SPECIFIED LIABILITY FOR THE SECURITY OF LICENSEE'S ELECTRONIC ENVIRONMENT. THE OBLIGATIONS AND LIABILITIES OF INDUSTRIAL LOGIC AND ITS LICENSORS AS SET FORTH HEREIN ARE EXCLUSIVE AND EXPRESSLY IN THE DOCUMENTATIONLIEU OF ALL OTHER OBLIGATIONS, LIABILITIES AND REMEDIES, EXPRESS OR IMPLIED, INCLUDING ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR THAT DEFECTS REMEDY (COLLECTIVELY, "CLAIMS") IN THE TORT, CONTRACT, STATUTE, OR OTHERWISE WHETHER OR NOT ARISING FROM NEGLIGENCE OF INDUSTRIAL LOGIC OR ITS AFFILIATES, ACTUAL OR IMPUTED. INDUSTRIAL LOGIC SHALL NOT BE LIABLE FOR ANY SERVICES OR PRODUCTS PROVIDED BY ANY THIRD PARTY VENDORS, DEVELOPERS OR CONSULTANTS IDENTIFIED OR REFERRED TO LICENSEE BY INDUSTRIAL LOGIC DURING PERFORMANCE OF ILR SERVICES, TRIAL SERVICES OR SOFTWARE WILL BE CORRECTED; AND (C) ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCEOTHERWISE. Basically, 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 TO YOUR SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAWthe ILR services are provided "AS IS" and we don't promise anything about them.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty; Disclaimer. JCI Licensor warrants to you, for thirty (30) days from the date of the License Order Confirmation, the Product will operate substantially in accordance with the documentation provided as part of the Product. Licensor does not warrant that the Service Product will perform substantially in conformance with its Documentation throughout function without errors or interruptions. If the Term. Except Product fails to the extent prohibited by applicable lawconform to this warranty, JCILicensor’s sole obligation liability and your sole and exclusive remedy for breach shall be, at Licensor’s option, either (a) return 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 price paid by use you, or combination with hardware and software not provided by JCI, misuse (b) repair or replacement of the ServiceProduct. This limited warranty is void if failure of the Product resulted from your negligence, abuse, accident, or your negligence improper or willful misconductunauthorized use of the Product. EXCEPT AS PROVIDED IN THIS SECTIONThis limited warranty does not apply to Evaluation Licenses or where the Product identified as “beta”, 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 AVAILABLEpre-release,” “AS test,” “AS-IS,” or the like, or to any support or other services performed by Licensor, all of which are supplied on an “AS-IS” BASISbasis without any warranty of any kind. THE FOREGOING LIMITED WARRANTY IS IN LIEU OF AND LICENSOR DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JCI AND ITS AFFILIATESALL OTHER WARRANTIES, AND THEIR RESPECTIVE DIRECTORSEXPRESS OR IMPLIED (WHETHER BY STATUTE, OFFICERSCOMMON LAW OR OTHERWISE), AGENTS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, DISTRIBUTORS, AND VENDORS (THE “JCI PARTIES”) MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR INCLUDING BUT NOT LIMITED TO 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) PURPOSE AND NONINFRINGEMENT. THE LIMITED WARRANTY SHALL FURTHER NOT BE ENLARGED OR OTHERWISE AFFECTED BY LICENSOR’S RENDERING OF 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 SUPPORT SERVICES OR SOFTWARE WILL BE CORRECTED; TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH THE PRODUCT. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, 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 YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO YOUR SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAWSTATE.

Appears in 1 contract

Samples: License Agreement

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 IS WARRANTED TO THE SERVICES OR TRIAL SERVICES ARE PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASISORIGINAL LICENSEE AGAINST MATERIAL DEFECTS FOR A PERIOD OF THREE MONTHS FROM THE DATE OF ORIGINAL ACQUISITION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JCI LASERFICHE LICENSES THE SOFTWARE TO LICENSEE "AS IS" AND ITS AFFILIATESWITH ALL FAULTS. LASERFICHE EXPRESSLY DISCLAIMS ALL OTHER EXPRESS AND IMPLIED WARRANTIES, 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 INCLUDING BUT NOT LIMITED 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, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LASERFICHE DOES NOT WARRANT THAT (A) THE SOFTWARE OR ANY LASERFICHE PROFESSIONAL SERVICES (“SERVICES”) OR LASERFICHE SUPPORT WILL SATISFY LICENSEE’S REQUIREMENTS; OR (B) ANY WARRANTY THAT: (I) THAT THE SERVICES, TRIAL SERVICES, SOFTWARE OR THIRD PARTY SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES, TRIAL SERVICES, SOFTWARE, OR THIRD PARTY SOFTWARE PERFORMANCE OF SERVICES AND DELIVERY OF SUPPORT WILL BE UNINTERRUPTED, WITHOUT DEFECT OR ERROR-FREE (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS OR MALICIOUS CODE OR OTHERWISE), FREE OF HARMFUL COMPONENTS, TIMELY OR SECURE; OR (IIIC) THAT THE SERVICES, TRIAL SERVICES, OR SOFTWARE WILL BE COMPATIBLE WITH OPERATE WITHOUT INTERRUPTION. NO RESELLER, DISTRIBUTOR OR OTHER THIRD PARTY MAY MODIFY, SUPPLEMENT OR CHANGE THIS WARRANTY, AND ANY HARDWARE SUCH MODIFICATIONS, SUPPLEMENTS OR SOFTWARE NOT EXPLICITLY SPECIFIED IN THE DOCUMENTATION, OR THAT DEFECTS IN THE SERVICES, TRIAL SERVICES OR SOFTWARE CHANGES WILL BE CORRECTED; AND (C) WITHOUT ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING, LEGAL FORCE 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 TO YOUR SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAWEFFECT.

Appears in 1 contract

Samples: End User Software License Agreement

Limited Warranty; Disclaimer. JCI Headway warrants to you, for thirty (30) days from the date of the Purchase Order, the Software shall be in operable condition as described in the documentation provided as part of the Software. Headway does not warrant that the Service Software will perform substantially in conformance with its Documentation throughout function without errors or interruptions. In the Term. Except event that the Software fails to the extent prohibited by applicable lawconform to this warranty, JCI’s Headway's sole obligation liability and your sole and exclusive remedy for breach shall be, at Headway's option, either (a) return 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 price paid by use you, or combination with hardware and software not provided by JCI, misuse (b) repair or replacement of the ServiceSoftware. This limited warranty does not apply to Demo Licenses or Software identified as "beta," "pre-release," "test," "AS-IS," or the like, or to any support or other services performed by Headway, all of which are supplied on an "AS-IS" basis without any warranty of any kind. This limited warranty is void if failure of the Software resulted from your negligence negligence, abuse, accident, or willful misconductimproper or unauthorized use of the Software. EXCEPT AS PROVIDED THE FOREGOING LIMITED WARRANTY IS IN THIS SECTIONLIEU OF AND HEADWAY DISCLAIMS, 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 AFFILIATESALL OTHER WARRANTIES, AND THEIR RESPECTIVE DIRECTORSEXPRESS OR IMPLIED (WHETHER BY STATUTE, OFFICERSCOMMON LAW, AGENTSCUSTOM, LICENSORSUSAGE OR OTHERWISE), SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, DISTRIBUTORS, AND VENDORS (THE “JCI PARTIES”) MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR INCLUDING BUT NOT LIMITED TO 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) , CONDITIONS OF QUALITY, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. THE FOREGOING LIMITED WARRANTY SHALL FURTHER NOT BE ENLARGED OR OTHERWISE AFFECTED BY HEADWAY'S RENDERING OF ANY WARRANTY THAT: (I) SUPPORT SERVICES OR TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH THE SERVICES, TRIAL SERVICES, SOFTWARE OR THIRD YOUR USE THEREOF. HEADWAY SHALL NOT BE HELD RESPONSIBLE FOR THE PERFORMANCE OF OR OUTPUT OBTAINED FROM THE SOFTWARE NOR FOR ANY LIABILITY TO ANY 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 USE OF PERFORMANCETHE SOFTWARE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, COURSE AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. 6 LIMITATION OF DEALINGLIABILITY. IN NO EVENT SHALL HEADWAY BE LIABLE TO YOU FOR LOSS OF PROSPECTIVE PROFITS OR INDIRECT OR CONSEQUENTIAL DAMAGES EVEN IF HEADWAY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN ADDITION, OR USAGE IN NO EVENT SHALL THE LIABILITY OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN HEADWAY TO YOU UNDER THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO THAT PAID BY JCI OR ANY YOU TO HEADWAY IN CONNECTION WITH YOUR USE OF ITS PERSONNEL OR AGENTS WILL CREATE ANY ADDITIONAL WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF JCI’S OBLIGATIONS HEREUNDERSOFTWARE WITHIN THE PREVIOUS TWELVE-MONTH PERIOD. SOME JURISDICTIONS STATES DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT, SUCH EXCLUSION WILL OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOUR SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAWYOU.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty; Disclaimer. JCI warrants that A. Except for warranties implied by law, the Service will perform substantially in conformance sole warranty provided by Xxxxx with its Documentation throughout the Term. Except respect to the extent prohibited by applicable law, JCI’s sole obligation and your sole and exclusive remedy for breach of Software during the foregoing warranty shall be that JCI will entire period when the License remains in effect is to use commercially reasonable efforts to correct or bypass a material defect in the Software, as determined solely by Janus based on Xxxxx’x then-current published specifications for the Software, subject to this XXXX (the “Limited Warranty”). The Limited Warranty does not extend to you unless you have accepted this XXXX and remain bound by this XXXX. The Limited Warranty is for your benefit only and may not be assigned to or enforced by any other person or entity. The Limited Warranty will not apply to, and Janus will have no liability or obligation with respect to, problems or damage resulting from, but not limited to, any of the following: (i) where not directly caused by Janus, any accident, modification, neglect, abuse, careless or incorrect handling, misuse or improper operation, disassembly, misapplication or use in unusual physical environments or under operating conditions not approved by Janus; (ii) problems relating to or residing in non-conforming Service functionality without charge. JCI shall not be liable Janus hardware, software or other items with which the Software is used; (iii) use in an environment, in a manner or for warranty nonconformance caused a purpose for which the Software was neither designed nor in accordance with Xxxxx’x published documentation; (iv) installation, modification, alteration or repair by use anyone other than Janus or combination with hardware its authorized representatives, and software not break-ins at the Facility and/or Your Unit unrelated to products and/or services provided by JCIJanus. B. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, misuse of the Service, or your negligence or willful misconduct. EXCEPT AS PROVIDED IN THIS SECTION, FOR THE SERVICES, TRIAL SERVICES, LIMITED WARRANTY WITH RESPECT TO THE SOFTWARE, THIRD PARTY SOFTWARE ALL OF THE SOFTWARE, AND ANY DATA, INFORMATION THE MATERIALS THAT ARE OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES MAY BE PROVIDED BY JANUS ARE PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS”, WITH ALL FAULTS AND XXXXX XXXXXX DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES OF ANY KIND, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ERROR-FREE OPERATION, ACCURACY, THE SOFTWARE INTEGRATION, OR QUIET ENJOYMENT, AND ANY WARRANTIES THAT MAY ARISE FROM A COURSE OF CONDUCT, TRADE USAGE OR TRADE PRACTICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JCI AND ITS AFFILIATESJANUS DOES NOT REPRESENT, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, DISTRIBUTORS, AND VENDORS (THE “JCI PARTIES”) MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS WARRANT 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: GUARANTEE THAT (I) THE SERVICESOPERATION OF THE SOFTWARE, TRIAL SERVICESOR ANY WEB INTERFACE, SOFTWARE MOBILE APP, DEVICE CODE OR THIRD PARTY SOFTWARE OTHER SOFTWARE, DEVICE, OR PORTION OF THE SOFTWARE, IS OR WILL MEET YOUR REQUIREMENTS; BE UNINTERRUPTED OR ERROR-FREE OR COMPATIBLE WITH ANY OTHER HARDWARE OR OTHER ITEMS USED BY YOU, (II) ANY DEFECT CAN OR WILL BE CORRECTED OR THAT THE SERVICES, TRIAL SERVICES, SOFTWARE, OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTEDAVAILABLE OR USABLE AT ALL TIMES.. XXXXX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE COMPATIBILITY OF THE SOFTWARE WITH ANY THIRD PARTY DEVICE OR SERVICE AND EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES REGARDING THE COMPATIBILITY, ERROR-FREE (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS OR MALICIOUS CODE OR OTHERWISE), FREE OF HARMFUL COMPONENTS, TIMELY OR SECURE; OR (III) THE SERVICES, TRIAL SERVICESINTERFACE, OR INTEROPERABILITY OF THE SOFTWARE WILL BE COMPATIBLE WITH ANY HARDWARE SUCH THIRD PARTY DEVICE 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 HEREUNDERSERVICE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH EXCLUSION OF AN EVENTIMPLIED WARRANTY, SUCH EXCLUSION WILL AND, THEREFORE, THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOUR SOLELY YOU, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION. WHERE APPLICABLE, ALL IMPLIED WARRANTIES WILL BE LIMITED TO THE EXTENT PROHIBITED BY APPLICABLE LAWPERIOD DURING WHICH THE LICENSE REMAINS IN EFFECT.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty; Disclaimer. JCI Industrial Logic warrants to Licensee that the Service ILOT Services will perform substantially be provided in conformance with its Documentation throughout the Terma professional and workmanlike manner. 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 INDUSTRIAL LOGIC EXPRESSLY DISCLAIMS ALL OTHER EXPRESS 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 OTHERWISEIMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION: (A) , THE IMPLIED WARRANTIES OF ACCURACY, NON- INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) . INDUSTRIAL LOGIC IS DELIVERING THE ILOT SERVICES ON AN "AS IS" BASIS. INDUSTRIAL LOGIC DOES NOT WARRANT THAT THE ILOT SERVICES AND ANY WARRANTY THAT: (I) THE SERVICES, TRIAL SERVICES, SOFTWARE OR THIRD PARTY SOFTWARE ILOT MATERIALS PROVIDED BY INDUSTRIAL LOGIC TO LICENSEE HEREUNDER WILL MEET YOUR REQUIREMENTS; (II) THE SERVICESREQUIREMENTS OF LICENSEE AND INDUSTRIAL LOGIC ASSUMES NO RESPONSIBILITY FOR THE QUALITY, TRIAL SERVICESUTILITY, SOFTWARE, ACCURACY OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS OR MALICIOUS CODE OR OTHERWISE), FREE SECURITY OF HARMFUL COMPONENTS, TIMELY OR SECURE; OR (III) THE SERVICES, TRIAL ILOT SERVICES, OR SOFTWARE WILL BE COMPATIBLE WITH USEFULNESS OF THE SAME FOR ANY HARDWARE PURPOSE. INDUSTRIAL LOGIC DOES NOT GUARANTEE NETWORK SECURITY. INDUSTRIAL LOGIC ACCEPTS NO RESPONSIBILITY OR SOFTWARE NOT EXPLICITLY SPECIFIED LIABILITY FOR THE SECURITY OF LICENSEE'S ELECTRONIC ENVIRONMENT. THE OBLIGATIONS AND LIABILITIES OF INDUSTRIAL LOGIC AND ITS LICENSORS AS SET FORTH HEREIN ARE EXCLUSIVE AND EXPRESSLY IN THE DOCUMENTATIONLIEU OF ALL OTHER OBLIGATIONS, LIABILITIES AND REMEDIES, EXPRESS OR IMPLIED, INCLUDING ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR THAT DEFECTS REMEDY (COLLECTIVELY, "CLAIMS") IN THE TORT, CONTRACT, STATUTE, OR OTHERWISE WHETHER OR NOT ARISING FROM NEGLIGENCE OF INDUSTRIAL LOGIC OR ITS AFFILIATES, ACTUAL OR IMPUTED. INDUSTRIAL LOGIC SHALL NOT BE LIABLE FOR ANY SERVICES OR PRODUCTS PROVIDED BY ANY THIRD PARTY VENDORS, DEVELOPERS OR CONSULTANTS IDENTIFIED OR REFERRED TO LICENSEE BY INDUSTRIAL LOGIC DURING PERFORMANCE OF ILOT SERVICES, TRIAL SERVICES OR SOFTWARE WILL BE CORRECTED; AND (C) ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCEOTHERWISE. Basically, 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 TO YOUR SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAWthe ILOT Services are provided "AS IS" and we don't make any specific promises about them.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty; Disclaimer. JCI SevOne warrants that that, at the Service time of initial delivery and for thirty (30) days thereafter (the “Warranty Period”), the Software will perform substantially operate in conformance substantial conformity with its the then current Documentation throughout the Termwhen used in compliance with such Documentation. Except This warranty applies only to the extent prohibited standard version of the Software made generally available by applicable lawSevOne. If the Software fails to perform as warranted and SevOne is notified in writing of such failure during the Warranty Period, JCISevOne shall, as Customer’s sole obligation and your sole and exclusive remedy for breach remedy, provide all reasonable programming services within a reasonable period of the foregoing warranty shall be that JCI will use commercially reasonable efforts time to correct or, at SevOne’s sole option, replace the non-conforming Service functionality without chargeSoftware. 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 SECTIONNOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES COMPONENTS ARE PROVIDED ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE,” “AS ISWITH ALL FAULTSBASIS. AND, TO THE MAXIMUM FULLEST 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 WITHOUT REPRESENTATION OR WARRANTIES WARRANTY OF ANY KIND WITH RESPECT KIND. Hardware may be covered by a separate warranty in accordance with the applicable warranty terms and conditions found at xxxxx://xxx.xxxxxx.xxx/wp- content/uploads/2020/05/support-hardware-warranty.pdf. EXCEPT AS SPECIFIED IN THIS SECTION 2, ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES RELATING TO THE SERVICES, TRIAL SERVICES, SOFTWARE, PRODUCTS AND THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION, OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISECOMPONENTS, INCLUDING, WITHOUT LIMITATION: (A) THE , ANY 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 SERVICESTITLE, SOFTWARE NONINFRINGEMENT, SATISFACTORY QUALITY 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, FROM A COURSE OF DEALING, LAW, USAGE, OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JCI OR TRADE PRACTICE, AND ANY OF ITS PERSONNEL OR AGENTS WILL CREATE ANY ADDITIONAL WARRANTIES OR IN ANY WAY INCREASE REGARDING THE SCOPE OF JCI’S OBLIGATIONS HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENTSECURITY, SUCH EXCLUSION WILL NOT APPLY TO YOUR SOLELY QUIET ENJOYMENT, RELIABILITY, TIMELINESS, AND PERFORMANCE ARE HEREBY DISCLAIMED TO THE EXTENT PROHIBITED ALLOWED BY APPLICABLE LAW.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty; Disclaimer. JCI warrants that (i) for a period of thirty (30) days from delivery initial delivery to you (the Service “Warranty Period”), the Software will perform substantially operate in conformance substantial conformity with its Documentation throughout Documentation; and (ii) it shall use screening software to scan the TermSoftware prior to delivery for viruses, Trojan horses, and other malicious code. Except to If, during the extent prohibited by applicable lawWarranty Period, JCI’s sole obligation and your sole and exclusive remedy for breach you notify JCI of any non-compliance with the foregoing warranty shall be that warranties, JCI will will, in its discretion: (a) use commercially reasonable efforts to provide the programming services necessary to correct any verifiable non-compliance with the foregoing warranties; or (b) replace any non-conforming Software; or if neither of foregoing options is reasonably available to JCI, (c) terminate this Agreement in whole or in part, and refund to You the fees, if any, paid for the non-conforming Service functionality without chargeSoftware (less depreciation calculated on a three (3)-year straight-line basis commencing on the date of initial delivery to you). JCI shall not be liable for warranty nonconformance failures caused by use or combination with third party hardware and software not provided by JCI(including your own systems), misuse of the ServiceSoftware, 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 IS 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, SUPPLIERS AND VENDORS (THE “JCI PARTIES”) MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR ALL OTHER 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) BUT NOT LIMITED TO, 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) . JCI AND ITS AFFILIATES AND THEIR RESPECTIVE SUPPLIERS AND VENDORS DO NOT WARRANT THAT THE SERVICES, TRIAL SERVICES, SOFTWARE OR THIRD PARTY SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES, TRIAL SERVICES, SOFTWARE, OR THIRD PARTY THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, UNINTERRUPTED OR 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 DOCUMENTATIONFREE, 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 SHALL CREATE ANY ADDITIONAL JCI 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 TO YOUR SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty; Disclaimer. JCI warrants that the Service will perform substantially in conformance A. The sole warranty provided by Xxxxx with its Documentation throughout the Term. Except respect to the extent prohibited by applicable law, JCI’s sole obligation and your sole and exclusive remedy for breach of Software during the foregoing warranty shall be that JCI will entire period when the License remains in effect is to use commercially reasonable efforts to correct or bypass a material defect in the Software, as determined solely by Janus based on Xxxxx’x then-current published specifications for the Software, subject to this XXXX (the “Limited Warranty”). The Limited Warranty does not extend to you unless you have accepted this XXXX and remain bound by this XXXX. The Limited Warranty is for your benefit only and may not be assigned to or enforced by any other person or entity. The Limited Warranty will not apply to, and Janus will have no liability or obligation with respect to, problems or damage resulting from, but not limited to, any of the following: (i) where not directly caused by Janus, any accident, modification, neglect, abuse, careless or incorrect handling, misuse or improper operation, disassembly, misapplication or use in unusual physical environments or under operating conditions not approved by Janus; (ii) problems relating to or residing in non-conforming Service functionality without charge. JCI shall not be liable Janus hardware, software or other items with which the Software is used; (iii) use in an environment, in a manner or for warranty nonconformance caused a purpose for which the Software was neither designed nor in accordance with Xxxxx’x published documentation; (iv) installation, modification, alteration or repair by use anyone other than Janus or combination with hardware its authorized representatives, and software not break-ins at the Facility and/or Your Unit unrelated to products and/or services provided by JCIJanus. B. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, misuse of the Service, or your negligence or willful misconduct. EXCEPT AS PROVIDED IN THIS SECTION, FOR THE SERVICES, TRIAL SERVICES, LIMITED WARRANTY WITH RESPECT TO THE SOFTWARE, THIRD PARTY SOFTWARE ALL OF THE SOFTWARE, AND ANY DATA, INFORMATION THE MATERIALS THAT ARE OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES MAY BE PROVIDED BY JANUS ARE PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS”, WITH ALL FAULTS AND JANUS HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES OF ANY KIND, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ERROR-FREE OPERATION, ACCURACY, THE SOFTWARE INTEGRATION, OR QUIET ENJOYMENT, AND ANY WARRANTIES THAT MAY ARISE FROM A COURSE OF CONDUCT, TRADE USAGE OR TRADE PRACTICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JCI AND ITS AFFILIATESJANUS DOES NOT REPRESENT, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, DISTRIBUTORS, AND VENDORS (THE “JCI PARTIES”) MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS WARRANT 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: GUARANTEE THAT (I) THE SERVICESOPERATION OF THE SOFTWARE, TRIAL SERVICESOR ANY WEB INTERFACE, SOFTWARE MOBILE APP, DEVICE CODE OR THIRD PARTY SOFTWARE OTHER SOFTWARE, DEVICE, OR PORTION OF THE SOFTWARE, IS OR WILL MEET YOUR REQUIREMENTS; BE UNINTERRUPTED OR ERROR-FREE OR COMPATIBLE WITH ANY OTHER HARDWARE OR OTHER ITEMS USED BY YOU, (II) ANY DEFECT CAN OR WILL BE CORRECTED OR THAT THE SERVICES, TRIAL SERVICES, SOFTWARE, OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTEDAVAILABLE OR USABLE AT ALL TIMES. XXXXX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE COMPATIBILITY OF THE SOFTWARE WITH ANY THIRD PARTY DEVICE OR SERVICE AND EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES REGARDING THE COMPATIBILITY, ERROR-FREE (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS OR MALICIOUS CODE OR OTHERWISE), FREE OF HARMFUL COMPONENTS, TIMELY OR SECURE; OR (III) THE SERVICES, TRIAL SERVICESINTERFACE, OR INTEROPERABILITY OF THE SOFTWARE WILL BE COMPATIBLE WITH ANY HARDWARE SUCH THIRD PARTY DEVICE 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 HEREUNDERSERVICE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH EXCLUSION OF AN EVENTIMPLIED WARRANTY, SUCH EXCLUSION WILL AND, THEREFORE, THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOUR SOLELY YOU, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION. WHERE APPLICABLE, ALL IMPLIED WARRANTIES WILL BE LIMITED TO THE EXTENT PROHIBITED BY APPLICABLE LAWPERIOD DURING WHICH THE LICENSE REMAINS IN EFFECT.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty; Disclaimer. JCI warrants that (i) for a period of thirty (30) days from delivery initial delivery to you (the Service “Warranty Period”), the Software will perform substantially operate in conformance substantial conformity with its Documentation throughout Documentation; and (ii) it shall use screening software to scan the TermSoftware prior to delivery for viruses, Trojan horses, and other malicious code. Except to If, during the extent prohibited by applicable lawWarranty Period, JCI’s sole obligation and your sole and exclusive remedy for breach you notify JCI of any non-compliance with the foregoing warranty shall be that warranties, JCI will will, in its discretion: (a) use commercially reasonable efforts to provide the programming services necessary to correct any verifiable non-compliance with the foregoing warranties; or (b) replace any non-conforming Software; or if neither of foregoing options is reasonably available to JCI, (c) terminate this Agreement in whole or in part, and refund to You the fees, if any, paid for the non-conforming Service functionality without chargeSoftware (less depreciation calculated on a three (3)-year straight-line basis commencing on the date of initial delivery to you). JCI shall not be liable for warranty nonconformance failures caused by use or combination with third party hardware and software not provided by JCI(including your own systems), misuse of the ServiceSoftware, 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 IS 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, SUPPLIERS AND VENDORS (THE “JCI PARTIES”) MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR ALL OTHER 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) BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF ACCURACY, NON- NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (B) ANY WARRANTY THAT: (I) . JCI AND ITS AFFILIATES AND THEIR RESPECTIVE SUPPLIERS AND VENDORS DO NOT WARRANT THAT THE SERVICES, TRIAL SERVICES, SOFTWARE OR THIRD PARTY SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES, TRIAL SERVICES, SOFTWARE, OR THIRD PARTY THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, UNINTERRUPTED OR 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 DOCUMENTATIONFREE, 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 SHALL CREATE ANY ADDITIONAL JCI 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 TO YOUR SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Appears in 1 contract

Samples: End User License Agreement

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