LIMITED WARRANTY; SUPPORT Sample Clauses

LIMITED WARRANTY; SUPPORT. 7.1 We warrant that the Software will, when properly used and on an operating system for which it was designed, perform substantially in accordance with the functions described in the Documents. 7.2 If, within the Warranty Period, you notify us in writing of any defect or fault in the Software as a result of which it fails to perform substantially in accordance with the Documents, we will, at our sole option, either (a) repair or replace the Software or (b) refund the Fee paid by you for the applicable Software. 7.3 During the Term we shall provide support services remotely during Business Hours which shall comprise the provisions of Updates and Upgrades to fix faults in the Software and configuration of existing and new functionality. 7.4 The Licensee shall: (a) promptly report faults to us; (b) co-operate with us in performing the services and provide any assistance or information as may reasonably be required by us, including in relation to the diagnosis of any faults; (c) provide us and/or our Authorised Partners safe and uninterrupted access including remote access to the systems, facilities as may reasonably be required for the purpose of performing the support services, and (d) keep full backup copies of all of its data. (e) keep full backup copies of the configuration of the Software. 7.5 The support services do not include on-site support, software development and training which will be subject to our Professional Services fee. 7.6 The warranty and support services do not apply if the defect or fault in the Software: (a) results from you having used the Software in contravention of the terms of this Licence Agreement or Documents; (b) results from you having modified the Software by any person or entity other than us or our Authorised Partner; (c) is caused by any equipment or software not supplied by us; or (d) results from inappropriate environmental conditions for the Software.
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LIMITED WARRANTY; SUPPORT. 8.1 Seller represents and warrants that the Database conforms in all material respects to the functional specifications pursuant to Section 5 of this Agreement. Database Customer`s exclusive remedy for breach of the foregoing warranty shall be to require Seller to correct any material nonconformance to such Specifications or, at Seller's option, to receive repayment in full of the Purchase Price.
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LIMITED WARRANTY; SUPPORT. 12.1. MR3 represents and warrants that the Technology conforms in all material respects to the functional Specifications set forth in Exhibit A. With that sole exception, MR3 ASSIGNS THE TECHNOLOGY TO MRD "AS IS," AND MR3 DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED WITH RESPECT TO THE TECHNOLOGY, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MRD's exclusive remedy for breach of the foregoing warranty shall be to require MR3 to correct any material nonconformance to such Specifications. 12.2. During the term of this Agreement, MR3 shall provide full technical support to the MRD on an ongoing, “as needed” basis. All expenses, salaries, benefits and other obligations incurred for the provision of such technical support shall be paid by MRD.
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LIMITED WARRANTY; SUPPORT. Unless otherwise specified in the applicable ordering document, BSN warrants that, for ninety (90) days following the date of delivery, the BSN Software will perform in all material respects in accordance with its published documentation. As your sole and exclusive remedy and BSN’s entire liability for any breach of this limited warranty, BSN will at its option and expense promptly correct or replace the BSN Software so that it conforms to this limited warranty. The limited warranty set forth herein: (a) does not apply to the extent that BSN provides you with the BSN Software (or portions of the BSN Software) for beta, evaluation, testing or demonstration purposes; and (b) is void if the BSN Software or any accompanying equipment or hardware purchased from BSN or an authorized BSN reseller on or in connection with which the BSN Software is used: (i) has been altered, except by BSN,
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LIMITED WARRANTY; SUPPORT. Cohesity supplies a limited warranty, the current version of which is available at xxx.xxxxxxxx.xxx/xxxxxxxxxx (incorporated herein by reference). After the warranty period, Customer is entitled to receive only the support and maintenance services specified for the applicable support level and term that Customer has ordered and paid for (in accordance with Cohesity’s standard Support and Maintenance Terms (the “Support Terms”) found at xxx.xxxxxxxx.xxx/xxxxxxxxxx (incorporated herein by reference). Cohesity will use reasonable commercial efforts to provide the support and maintenance services for the Products as, and to the extent described in, the Support Terms.
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LIMITED WARRANTY; SUPPORT. Cohesity supplies a limited warranty, the current version of which is listed below in Exhibit B. Thereafter, Ordering Activity is entitled to receive only the support and maintenance services specified for the applicable Support Level and term that Ordering Activity has ordered (in accordance with the support levels described in Cohesity’s standard Support and Maintenance Terms (the “Support Terms”) found in Exhibit A below. Cohesity will use reasonable commercial efforts to provide the support and maintenance services for the Products and software as and to the extent described in the Support Terms.
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LIMITED WARRANTY; SUPPORT. 8.1. For a period of 3 months from the Effective Date, eXPO Financial Services LLC shall provide a specialist, who is presently an employee or consultant to Eco Science Solutions, Inc. and who is the most knowledgeable of the Software, to provide consulting services to Software Licensee. All salaries, benefits, and other obligations to these specialists shall be paid by Eco Science Solutions, Inc.
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Related to LIMITED WARRANTY; SUPPORT

  • Limited Warranty Seller warrants to Customer for a period of twelve (12) months following delivery only that (a) the Products shall conform to the description and specifications, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liens, security interests or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATES.

  • WARRANTY – SERVICES The Contractor warrants and represents that all services to be provided the City under the Contract will be fully and timely performed in a good and workmanlike manner in accordance with generally accepted industry standards and practices, the terms, conditions, and covenants of the Contract, and all applicable Federal, State and local laws, rules or regulations. A. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law, and any attempt to do so shall be without force or effect. B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the Acceptance Date. If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand perform the services again in accordance with above standard at no additional cost to the City. All costs incidental to such additional performance shall be borne by the Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach warranty, but failure to give timely notice shall not impair the City’s rights under this section. C. If the Contractor is unable or unwilling to perform its services in accordance with the above standard as required by the City, then in addition to any other available remedy, the City may reduce the amount of services it may be required to purchase under the Contract from the Contractor, and purchase conforming services from other sources. In such event, the Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such services from another source.

  • Hardware Warranty Company warrants that for a period of one (1) year from delivery of Hardware, Hardware will be free from defects in material and workmanship in normal use, but does not cover any of the following: (i) improper installation, maintenance, adjustment, repair or modification by Customer or a third party; (ii) misuse, neglect, or any other cause other than ordinary use, including without limitation, accidents or acts of God; (iii) improper environment, excessive or inadequate heating or air conditioning, electrical power failures, surges, water damage or other irregularities; (iv) third party software or software drivers; or (v) damage during shipment.

  • How to Obtain Warranty Service The Warranty Holder must inspect the Flooring for Manufacturing Defects caused by improper milling, grading, staining, and coating, and report any such defects to Cali Bamboo, prior to installation of the Flooring. To obtain warranty service, the Warranty Holder must contact Cali Bamboo’s Customer Experience Department: xxxxxxxxxxxxxxx@xxxxxxxxxx.xxx/ 000- 000-0000. Warranty claims must be received within 30 calendar days after the Warranty Holder identifies the Manufacturing Defect or other basis for a warranty claim. To be covered under this Cali Bamboo limited warranty, the Warranty Holder must provide documentation of sales order and proof that the Flooring was properly installed in accordance with the Installation Guide (defined below). Cali Bamboo reserves the right to retain a certified and independent National Wood Flooring Association inspector (“NWFA Inspector”) to verify the Warranty Holder’s warranty claims. The determination of the NWFA Inspector regarding the warranty claim is not binding on either Cali Bamboo or on the Warranty Holder. A determination that does not verify the warranty claim shall not affect the Warranty Holder’s right to submit its claim to arbitration in accordance with the terms of the Arbitration Agreement (as defined in Cali Bamboo’s Terms and Conditions of Purchase). The performance of the inspection, however, if requested by Xxxx Xxxxxx and assuming that Xxxx Xxxxxx advances the full cost of the inspection as described above, is a requirement for the Warranty Holder to submit a warranty claim to arbitration under the Arbitration Agreement. For specific instructions on how to obtain warranty service for defective Flooring, visit the Cali Bamboo website xxxxx://xxx.xxxxxxxxxx.xxx/flooring-warranty/. This limited warranty covers Flooring that is both (i) installed with strict adherence to Cali Bamboo’s Odyssey Engineered flooring installation guide found online at xxxxx://xxx.xxxxxxxxxx.xxx/flooring-installation/ (the “Installation Guide”) and

  • Limited Warranties State Street represents and warrants that it is the owner of and has the right to grant access to the System and to provide the Remote Access Services contemplated herein. Because of the nature of computer information technology including, but not limited to, the use of the Internet, and the necessity of relying upon third party sources, and data and pricing information obtained from third parties, the System and Remote Access Services are provided “AS IS”, and the Customer and its Authorized Designees shall be solely responsible for the investment decisions, results obtained, regulatory reports and statements produced using the Remote Access Services. State Street and its relevant licensors will not be liable to the Customer or its Authorized Designees for any direct or indirect, special, incidental, punitive or consequential damages arising out of or in any way connected with the System or the Remote Access Services, nor shall either party be responsible for delays or nonperformance under this Addendum arising out of any cause or event beyond such party’s control. State Street will take reasonable steps to ensure that its products (and those of its third-party suppliers) reflect the available state of the art technology to offer products that are Year 2000 compliant, including, but not limited to, century recognition of dates, calculations that correctly compute same century and multi century formulas and date values, and interface values that reflect the date issues arising between now and the next one-hundred years, and if any changes are required, State Street will make the changes to its products at no cost to you and in a commercially reasonable time frame and will require third-party suppliers to do likewise. The Customer will do likewise for its systems. EXCEPT AS EXPRESSLY SET FORTH IN THIS ADDENDUM, STATE STREET, FOR ITSELF AND ITS RELEVANT LICENSORS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES CONCERNING THE SYSTEM AND THE SERVICES TO BE RENDERED HEREUNDER, WHETHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. State Street will defend or, at our option, settle any claim or action brought against the Customer to the extent that it is based upon an assertion that access to the System or use of the Remote Access Services by the Customer under this Addendum constitutes direct infringement of any patent or copyright or misappropriation of a trade secret, provided that the Customer notifies State Street promptly in writing of any such claim or proceeding and cooperates with State Street in the defense of such claim or proceeding. Should the System or the Remote Access Services or any part thereof become, or in State Street’s opinion be likely to become, the subject of a claim of infringement or the like under any applicable patent or copyright or trade secret laws, State Street shall have the right, at State Street’s sole option, to (i) procure for the Customer the right to continue using the System or the Remote Access Services, (ii) replace or modify the System or the Remote Access Services so that the System or the Remote Access Services becomes noninfringing, or (iii) terminate this Addendum without further obligation.

  • Service Warranty Provider has carefully examined and analyzed the provisions of this Agreement, including but not limited to all exhibits attached and incorporated into it, and can and will perform, or cause, the Services to be performed in strict accordance with the provisions and requirements of the Agreement. Services will be performed in a timely, professional and workmanlike manner in accordance with all applicable industry and professional standards.

  • Warranty of Services Contractor warrants that the services provided conform to the contract requirements, including all descriptions, specifications and attachments made a part of this contract. The Department’s acceptance of services provided by Contractor shall not relieve Contractor from its obligations under this warranty. In addition to its other remedies under this contract, at law, or in equity, the Department may, at Contractor's expense, require prompt correction of any services failing to meet Contractor's warranty herein. Services corrected by Contractor shall be subject to all the provisions of this contract in the manner and to the same extent as services originally furnished.

  • Software Warranty We warrant that the Tyler Software will perform without Defects during the term of this Agreement. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the maintenance and support process set forth in Section C(9), below, the SLA and our then current Support Call Process.

  • SIGNATORY WARRANTY The undersigned signatory for the Engineer hereby represents and warrants that he or she is an officer of the organization for which he or she has executed this contract and that he or she has full and complete authority to enter into this contract on behalf of the firm. These representations and warranties are made for the purpose of inducing the State to enter into this contract.

  • Basic Equipment Warranty The Contractor warrants that all equipment rented or supplied under this Agreement shall be in good working order and shall conform to the needs specified by the Judicial Council. The Contractor shall immediately replace any inoperative equipment with operative equipment, or make all adjustments, repairs, and parts replacements required to maintain the equipment rented or supplied hereunder in working condition.

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