Common use of LIMITED WARRANTY FOR SOFTWARE Clause in Contracts

LIMITED WARRANTY FOR SOFTWARE. LIMITED WARRANTY FOR SOFTWARE ACQUIRED IN THE US AND CANADA. Licensor warrants that the Software will perform substantially in accordance with the accompanying materials for a period of ninety (90) days from the date of receipt. If an implied warranty or condition is created by Your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, You also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY (90) DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to You. Any supplements or updates to the Software, including without limitation, any (if any) web updates, service packs or hot fixes provided to You after the expiration of the ninety (90) day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory. LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Licensor, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not meet Licensor's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails its essential purpose. The terms of Section 10 below ("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You. This Limited Warranty gives You specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY. Licensor's and its suppliers' entire liability and Your exclusive remedy shall be, at Licensor's option from time to time exercised subject to applicable law, (a) return of the price paid (if any) for the Software, or (b) repair or replacement of the Software, that does not meet this Limited Warranty and that is returned to Licensor with a copy of Your receipt. You will receive the remedy elected by Licensor without charge, except that You are responsible for any expenses You may incur (e.g. cost of shipping the Software to Licensor). This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States or Canada, neither these remedies nor any product support services offered by Licensor are available without proof of purchase from an authorized international source. To exercise Your remedy, contact: 1099 Pro, LLC Attn. 1099 Pro Sales Information Center/00000 Xxxxxxxxx Xx, Xxxxx 0000/Xxxxxxxxx, XX 00000, or the 1099 Pro subsidiary serving You.

Appears in 3 contracts

Samples: License Agreement, License Agreement, License Agreement

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LIMITED WARRANTY FOR SOFTWARE. LIMITED WARRANTY FOR SOFTWARE ACQUIRED IN THE US AND CANADA. Licensor warrants that the Software will perform substantially in accordance with the accompanying materials for a period of ninety (90) days from the date of receipt. If an implied warranty or condition is created by Your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, You also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY (90) DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to You. Any supplements or updates to the Software, including without limitation, any (if any) web updates, service packs or hot fixes provided to You after the expiration of the ninety (90) day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory. LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Licensor, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not meet Licensor's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails its essential purpose. The terms of Section 10 below ("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You. This Limited Warranty gives You specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY. Licensor's and its suppliers' entire liability and Your exclusive remedy shall be, at Licensor's option from time to time exercised subject to applicable law, (a) return of the price paid (if any) for the Software, or (b) repair or replacement of the Software, that does not meet this Limited Warranty and that is returned to Licensor with a copy of Your receipt. You will receive the remedy elected by Licensor without charge, except that You are responsible for any expenses You may incur (e.g. cost of shipping the Software to Licensor). This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States or Canada, neither these remedies nor any product support services offered by Licensor are available without proof of purchase from an authorized international source. To exercise Your remedy, contact: 1099 ProPro LLC, LLC Attn. 1099 Pro Sales Information Center/00000 Xxxxxxxxx Xx000 Xxxxxxxxxxx Xxxxxx, Xxxxx 0000/Xxxxxxxxx0xx Xxxxx, Xxxxxxxxxx, XX 00000, or the 1099 Pro subsidiary serving You.

Appears in 2 contracts

Samples: License Agreement, License Agreement

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LIMITED WARRANTY FOR SOFTWARE. LIMITED WARRANTY FOR SOFTWARE ACQUIRED IN THE US AND CANADA. Licensor Software vendor warrants that the Software will perform substantially in accordance with the accompanying materials for a period of ninety (90) 30 days from the date of receipt. If an implied warranty or condition is created by Your your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, You you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY THIRTY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY (90) THIRTY DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to Youyou. Any supplements or updates to the Software, including without limitation, any (if any) web updates, service packs or hot fixes provided to You you after the expiration of the ninety (90) thirty day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory. LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by LicensorSoftware vendor, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not meet Licensor's Software Vendor’s Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 10 below 16 ("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to Youyou. This Limited Warranty gives You you specific legal rights. You may have others other rights which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY. LicensorSoftware vendor's and its suppliers' entire liability and Your your exclusive remedy for any breach of this Limited Warranty or for any other breach of this XXXX or for any other liability relating to the Software shall be, at LicensorSoftware vendor's option from time to time exercised subject to applicable law, (a) return of the price amount paid (if any) for the Software, or (b) repair or replacement of the Software, that does not meet this Limited Warranty and that is returned to Licensor Software vendor with a copy of Your your receipt. You will receive the remedy elected by Licensor Software vendor without charge, except that You you are responsible for any expenses You you may incur (e.g. cost of shipping the Software to LicensorSoftware vendor). This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States or Canada, neither these remedies nor any product support services offered by Licensor are available without proof and Software vendor will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of purchase from an authorized international source. To exercise Your remedy, contact: 1099 Pro, LLC Attn. 1099 Pro Sales Information Center/00000 Xxxxxxxxx Xx, Xxxxx 0000/Xxxxxxxxx, XX 00000, or the 1099 Pro subsidiary serving Youyour compliance with Software vendor's warranty remedy procedures.

Appears in 1 contract

Samples: License Agreement

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