Common use of Limited Warranty; Disclaimers Clause in Contracts

Limited Warranty; Disclaimers. 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. b. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IntervalZero AND ITS SUPPLIERS MAKE NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ITS SERVICES, ANY PROGRAMMING, OR ANY RESULT OF SOFTWARE USE. IntervalZero AND ITS SUPPLIERS SPECIFICALLY DISCLAIM, WITHOUT LIMITATION, ANY IMPLIED WARRANTY, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Limited Warranty; Disclaimers. a. IntervalZero warrants that it will render SDK Upgrade Rights 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 SDK Upgrade Rights Support and terminate this Agreement and provide Customer with a refund for the then current Annual SDK Upgrade 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. b. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IntervalZero AND ITS SUPPLIERS MAKE NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ITS SERVICES, ANY PROGRAMMING, OR ANY RESULT OF SOFTWARE USE. IntervalZero AND ITS SUPPLIERS SPECIFICALLY DISCLAIM, WITHOUT LIMITATION, ANY IMPLIED WARRANTY, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Limited Warranty; Disclaimers. 1. a. IntervalZero warrants that it will render SDK Upgrade Rights 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 SDK Upgrade Rights Support and Maintenance or Extended Maintenance and terminate this Agreement and provide Customer with a refund for the then current Annual SDK Upgrade 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. 2. b. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IntervalZero AND ITS SUPPLIERS MAKE NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ITS SERVICES, ANY PROGRAMMING, OR ANY RESULT OF SOFTWARE USE. IntervalZero AND ITS SUPPLIERS SPECIFICALLY DISCLAIM, WITHOUT LIMITATION, ANY IMPLIED WARRANTY, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Limited Warranty; Disclaimers. a. 1. IntervalZero warrants that it will render SDK Upgrade Rights Support and 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 (ia) make a reasonable effort to remedy any resulting discrepancies; or (iib) cease SDK Upgrade Rights Support and Maintenance and terminate this Agreement and provide Customer with a refund for the then current Annual SDK Upgrade 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. b. 2. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IntervalZero AND ITS SUPPLIERS MAKE NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ITS SERVICES, ANY PROGRAMMING, OR ANY RESULT OF SOFTWARE USE. IntervalZero AND ITS SUPPLIERS SPECIFICALLY DISCLAIM, WITHOUT LIMITATION, ANY IMPLIED WARRANTY, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.