Limited Warranty; Disclaimers. 9.1 PEHP warrants that it will use its best efforts to correctly provide services of the PEHP Provider website in a timely manner. PEHP MAKES NO OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SERVICES OR RESOURCES PROVIDED BY IT OR THE USE OF SERVICES NOT COMPLYING WITH APPLICABLE LAW. PEHP DISCLAIMS LIABILITY (RELATING TO PEHP’S OR PROVIDER’S CONNECTION TO THE INTERNET OR THE INTERNET SERVICE PROVIDER) FOR THE FAILURE OF PROVIDERS TO COMPLY WITH THIS AGREEMENT (INCLUDING ANY FAILURE TO COMPLY WITH APPLICABLE LAWS, RULES OR REGULATIONS RELATING TO THE SECURITY OR PRIVACY OF PHI OR FOR THE CONTENT AND USE OF SAID SERVICES). PEHP DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION, COMPATIBILITY WITH ANY PARTICULAR HARDWARE OR SOFTWARE, OR INTER-CONNECTIBILITY WITH OTHER NETWORKS OR SERVICES.
Limited Warranty; Disclaimers. Except as specifically stated herein, our liabilities are limited to the terms and conditions in section 8.2. We make no representation or warranty whatsoever with respect to and do not give any undertakings on behalf of the Correspondent. To the extent permitted by applicable law, and except as otherwise provided in this section, we will not be liable for damages of any kind arising out of your use of, or inability to use the Multi-Currency Account Services. You agree that the United Nations Convention on the International Sales of Goods and, to the maximum extent possible, the provisions of the Uniform Computer Information Transactions Act (“UCITA”), as enacted by any State, will not apply to our provision to you or your use of any software or of the Multi-Currency Account Services.
Limited Warranty; Disclaimers. The Licensor’s liability under this Agreement is limited as follows, re- gardless of the legal basis of any claim:
Limited Warranty; Disclaimers. 1. a. IntervalZero warrants that it will render Support in a professional manner. As IntervalZero’s sole responsibility and Customer’s exclusive remedy in the event of any material failure to meet such standard, IntervalZero shall, at its sole discretion, either (i) make a reasonable effort to remedy any resulting discrepancies; or (ii) cease Support and terminate this Agreement and provide Customer with a refund for the then current Annual Support Fee already paid by Customer. Any claim based on the foregoing warranty must be submitted in writing in accordance with IntervalZero’s standard procedures within ninety (90) days after delivery or the date of required delivery of such service.
Limited Warranty; Disclaimers. 1. a. IntervalZero warrants that it will render SDK Upgrade Rights in a professional manner. As IntervalZero’s sole responsibility and Customer’s exclusive remedy in the event of any material failure to meet such standard, IntervalZero shall, at its sole discretion, either (i) make a reasonable effort to remedy any resulting discrepancies; or (ii) cease SDK Upgrade Rights and terminate this Agreement and provide Customer with a refund for the then current Annual SDK Upgrade Fee already paid by Customer. Any claim based on the foregoing warranty must be submitted in writing in accordance with IntervalZero’s standard procedures within ninety (90) days after delivery or the date of required delivery of such service.
Limited Warranty; Disclaimers. 1. a. IntervalZero warrants that it will render Support and Maintenance or Extended Maintenance in a professional manner. As IntervalZero’s sole responsibility and Customer’s exclusive remedy in the event of any material failure to meet such standard, IntervalZero shall, at its sole discretion, either (i) make a reasonable effort to remedy any resulting discrepancies; or (ii) cease Support and Maintenance or Extended Maintenance and terminate this Agreement and provide Customer with a refund for the then current Annual Maintenance Fee already paid by Customer. Any claim based on the foregoing warranty must be submitted in writing in accordance with IntervalZero’s standard procedures within ninety (90) days after delivery or the date of required delivery of such service.
Limited Warranty; Disclaimers. 7.1 FlightAware provides the following Limited Warranty:
Limited Warranty; Disclaimers. Soundtrace warrants that it shall perform the Services in accordance with the terms and subject to the conditions set out in the Statement of Work and this Agreement. As Soundtrace’s sole and exclusive liability and Customer’s sole and exclusive remedy for breach of this warranty, Soundtrace shall (a) use commercially reasonable efforts to promptly cure any such breach at no additional cost to Customer; or (b) at Soundtrace’s sole discretion, terminate the Statement of Work and refund to Customer any prepaid and unearned fees. Soundtrace warrants that it shall perform the Support Services (a) using personnel of industry standard skill, experience, and qualifications; and (b) in a timely, workmanlike, and professional manner in accordance with generally recognized industry standards for similar services. As Soundtrace’s sole and exclusive liability and Customer’s sole and exclusive remedy for breach of this warranty, Soundtrace shall (a) use commercially reasonable efforts to promptly cure any such breach at no additional cost to Customer; or (b) at Soundtrace’s sole discretion, terminate the Statement of Work and refund to Customer any prepaid and unearned fees. Soundtrace will take all commercially reasonable steps to keep the Software Services operating smoothly and efficiently. However, since the Software Services operate using computer equipment, computer software programs, and the Internet, Soundtrace shall not be responsible for delays or service interruptions attributable to causes beyond its reasonable control, including, without limitation, limitations on the availability of telephone transmission lines and facilities, failures of cellular data network equipment, failures of other communications equipment, Internet access delays or failures, failures or deficiencies of Customer’s equipment, or Customer’s failure to meet its responsibilities under this Agreement. Soundtrace will maintain adequate back-up arrangements and equipment in order to maintain Customer’s data stored on or through the Software Services in the event of the failure of any of Soundtrace’s equipment. Service interruptions for maintenance and system upgrades will be scheduled, to the extent reasonably practicable, to minimize interference with Customer’s daytime business activities. For unscheduled service interruptions attributable to causes within Soundtrace’s reasonable control, as Soundtrace’s sole obligation and Customer’s exclusive remedy, Soundtrace shall make use best eff...
Limited Warranty; Disclaimers. Warranties for all Products purchased under this Agreement shall be provided “as is”. HMH makes no other warranties with respect to the Products, either express or implied. HMH provides no representations or warranties that the School/District hardware or software environments and their configuration are compatible or suitable for the operation of HMH Products in the School/District setting. HMH specifically and expressly disclaims any and all other warranties, including but not limited to the implied warranties of merchantability or fitness for a particular purpose or that any services provided hereunder shall be uninterrupted or error-free.
Limited Warranty; Disclaimers. NuStep reserves the right to modify the Software, including, but not limited to updating, adding to, enhancing, modifying, removing or altering any Content or features of the Software, at any time, in its sole discretion. You are responsible for providing Your own access (e.g., computer, mobile device, internet connection, etc.) to the Software. NuStep has no obligation to screen or monitor any Content and does not guarantee that any Content available on the Software is suitable for all users or that it will continue to be available for any length of time. NUSTEP WARRANTS THAT FOR A PERIOD OF THREE YEARS FROM THE ORIGINAL PURCHASE OF THE TRANSITT, ALL SOFTWARE INSTALLED ON THE TRANSITT OR PROPERLY INSTALLED ON A TABLET DEVICE WILL PERFORM IN SUBSTANTIAL COMPLIANCE WITH THE APPLICABLE USER MANUAL. THE FOREGOING WARRANTY DOES NOT APPLY TO ANY CLOUD PORTAL SOFTWARE, FOR WHICH A SEPARATE SUBSCRIPTION IS REQUIRED. NUSTEP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED MANNER, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SOFTWARE IS FULLY COMPATIBLE WITH ANY PARTICULAR PLATFORM. EXCEPT AS SET FORTH IN THIS PARAGRAPH, ALL SOFTWARE IS OFFERED ON AN "AS-IS" AND “AS-AVAILABLE” BASIS AND NUSTEP MAKES NO WARRANTIES, EXPRESS, IMPLIED, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE OR STATUTORY, AS TO THE SOFTWARE, SUPPORT, OR ANY MATTER WHATSOEVER. NUSTEP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AS TO INFRINGEMENT OR MISAPPROPRIATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, RELIABILITY OR CONTENT OF THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF CERTAIN IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.
