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Common use of Limited Warranty Clause in Contracts

Limited Warranty. A. If you obtained Software directly from us, we warrant for a period of thirty (30) days from the Purchase Date that (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (with respect to the affected Software product), or refund the Software license fee. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALF.

Appears in 11 contracts

Samples: End User License Agreement, End User License Agreement, End User License Agreement

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Limited Warranty. A. If you obtained Software directly from us, we warrant for a period of thirty (30) days from the Purchase Date Wowza warrants that (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentationthe description contained in the applicable end user documentation for a period of 90 days after the earlier of the date Wowza issues the License Key or the date you downloaded the Software. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (with respect to the affected Software product), or refund the Software license fee. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED EXCEPT FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS PRECEDING EXPRESS LIMITED WARRANTY, TO THE PRODUCTS MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WOWZA PROVIDES THE SOFTWARE AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR IMPLIED CONDITIONS, REPRESENTATIONSIN ANY OTHER PROVISION OF THIS XXXX OR COMMUNICATION WITH YOU, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, WOWZA SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAWAND NON-INFRINGEMENT. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE WOWZA DOES NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; WARRANT THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTSNEEDS OR THAT THE SOFTWARE OR SERVICES WILL BE OR PROVIDE FOR ERROR FREE OPERATION OR OPERATION WITHOUT INTERRUPTION. NO TIBCO DEALERIN THE EVENT YOU OBTAINED THIS LICENSE FROM A RESELLER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED OTHER THIRD PARTY, WOWZA SHALL HAVE NO OBLIGATION TO MAKE YOU UNDER ANY MODIFICATIONSWARRANTY GIVEN BY SUCH RESELLER, EXTENSIONS DISTRIBUTOR, OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFTHIRD PARTY, OR THEIR RESPECTIVE AGENTS OR EMPLOYEES. 10.1.1 The exclusive remedy for breach of the preceding warranty with regard to the Software is, at Wowza’s sole discretion and subject to Wowza’s limitation of liability, to either: (i) repair the Software; (ii) replace the Software; or (iii) terminate the license to the Software granted to you and provide you with a pro-rata refund the fees paid by you for the Software for the period of time, if any, that you were prevented from using the Software. 10.1.2 The exclusive remedy for breach of any warranty with regard to the Services is, subject to Wowza’s limitation of liability, to re-perform the Services in a commercially reasonable manner.

Appears in 10 contracts

Samples: End User License Agreement, End User License Agreement, End User License Agreement

Limited Warranty. A. If you obtained Software directly from us, we warrant FMI warrants for a period of thirty ninety (3090) days from the Purchase initial Contract Date stated in FMI’s contract system that (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software as provided by FMI will substantially conform to its Documentationthe published specifications for the Software available from FMI. This limited warranty extends to you personally FMI’s entire liability and is not transferable. Your Licensee’s sole and exclusive remedy and for any breach of the entire liability of TIBCO and its licensors under this foregoing limited warranty will be, at our FMI’s option, to replacement of the media, refund of the purchase price, or repair or replace (with respect to replacement of the affected Software product), or refund the Software license feeSoftware. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS LIMITED WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES THE ONLY WARRANTY PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M FMI AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER FMI AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR DISTRIBUTORIMPLIED, INCLUDING, BUT NOT LIMITED TO, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER IMPLIED WARRANTIES OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHERMORE, NONINFRINGEMENT, SATISFACTORY QUALITY THERE IS NO WARRANTY AGAINST INTERFERENCE WITH LICENSEE’S ENJOYMENT OF THE SOFTWARE OR ARISING FROM A COURSE AGAINST INFRINGEMENT OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMERPROPRIETARY RIGHTS BY THE SOFTWARE. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE FMI DOES NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; WARRANT THAT THE PRODUCTS FUNCTIONS CONTAINED IN THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTEDMEET LICENSEE’S REQUIREMENTS, OR THAT THE PRODUCT FUNCTIONALITY OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR SERVICES ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL MEET YOUR REQUIREMENTSBE CORRECTED. FURTHERMORE, FMI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO TIBCO DEALERORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FMI, DISTRIBUTOROR AN AUTHORIZED REPRESENTATIVE OF FMI SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, AGENT OR EMPLOYEE IS AUTHORIZED SO THE ABOVE EXCLUSION MAY NOT APPLY TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFLICENSEE.

Appears in 9 contracts

Samples: Annual Volume License Agreement, Annual Site License Agreement, Annual Site License Agreement

Limited Warranty. A. If you obtained Software directly from us, we warrant for a period of thirty (30) days from the Purchase Date that (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (with respect to the affected Software product), or refund the Software license fee. In the event of a refund, this Agreement shall terminate solely with respect to the affected Software product, and you shall immediately cease all use of and return or destroy all copies of such Software. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, MODIFIED (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE SOLELY AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTSPRODUCTS WITH WHICH IT IS PROVIDED TO YOU. YOU MAY CHOOSE NOT TO USE SUCH THIRD PARTY SOFTWARE IS PROVIDED SOLELY AS AN ACCOMMODATIONACCOMMODATION TO YOU AND YOU ARE UNDER NO OBLIGATION TO USE SUCH THIRD PARTY SOFTWARE. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; , THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; , THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALF.

Appears in 7 contracts

Samples: Software License Agreement, Software License Agreement, Software License Agreement

Limited Warranty. A. If you obtained Software directly from us, we warrant FMI warrants for a period of thirty ninety (3090) days from the Purchase Date effective date of this Agreement that (i) the media on which the Software is furnished as provided by FMI will be free of defects perform substantially in materials accordance with the accompanying documentation. FMI's entire liability and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends to you personally and is not transferable. Your Licensee's sole and exclusive remedy and for any breach of the entire liability of TIBCO and its licensors under this foregoing limited warranty will be, at our FMI's option, to replacement of the Software, refund of the purchase price or repair or replace (with respect to the affected Software product), or refund replacement of the Software license feewhich is returned to FMI or an FMI authorized representative with a copy of the receipt. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS LIMITED WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES THE ONLY WARRANTY PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M FMI AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER FMI AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, CONDITIONS OR DISTRIBUTOROTHER TERMS, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EITHER EXPRESS OR IMPLIED CONDITIONS(WHETHER COLLATERALLY, REPRESENTATIONSBY STATUTE OR OTHERWISE), AND WARRANTIES INCLUDINGINCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, WITHOUT LIMITATION, ANY IMPLIED WARRANTY CONDITIONS OR CONDITION OTHER TERMS OF MERCHANTABILITY, SATISFACTORY QUALITY AND/OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE WITH REGARD TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS. FURTHERMORE, NONINFRINGEMENT, SATISFACTORY QUALITY THERE IS NO WARRANTY AGAINST INTERFERENCE WITH LICENSEE'S ENJOYMENT OF THE SOFTWARE OR ARISING FROM A COURSE AGAINST INFRINGEMENT OF DEALING, USAGETHIRD PARTY PROPRIETARY RIGHTS BY THE SOFTWARE. FMI DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR TRADE PRACTICETHAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FMI OR AN FMI AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, ARE HEREBY EXCLUDED CONDITIONS OR OTHER TERMS THE ABOVE LIMITATION MAY NOT APPLY TO THE EXTENT ALLOWED BY APPLICABLE LAWLICENSEE. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THIS DISCLAIMER AND THE THIRD PARTY LICENSELIMITED WARRANTY UNDER THIS SECTION 5 DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING THE SOFTWARE OTHERWISE THAN IN THE COURSE OF A BUSINESS, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF NEITHER DO THEY LIMIT OR EXCLUDE ANY PRODUCTS LIABILITY FOR DEATH OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCOPERSONAL INJURY CAUSED BY FMI'S BEHALFNEGLIGENCE.

Appears in 5 contracts

Samples: Volume License Agreement, Volume License Agreement, Volume License Agreement

Limited Warranty. A. If you obtained Software directly from us, we warrant for a period of thirty (30) days from the Purchase Date that (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (with respect to the affected Software product), or refund the Software license fee. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S ’S BEHALF.

Appears in 5 contracts

Samples: End User License Agreement (Eula), Software License Agreement, End User License Agreement (Eula)

Limited Warranty. A. If you obtained Software directly from us8.1 We warrant that, we warrant during the Warranty Period, the Products (excluding Updates) will operate substantially in conformity with the applicable Documentation. Updates are not included within the definition of Products for the purposes of any Warranty or Warranty Period. 8.2 Within the Warranty Period, if You detect a period of thirty (30) days from defect in a Product's physical media, You may return the Purchase Date that (i) the defective media on which the Software is furnished to Us and We will be replace it free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (with respect to the affected Software product), or refund the Software license fee. In the event of a refund, this Agreement shall terminate with respect to the affected Software productcharge. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED 8.3 EXCEPT FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED EXPRESS WARRANTIES STATED IN THIS LIMITED WARRANTYSECTION 8 AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ," AND WE, AND OUR SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED CONDITIONSOR STATUTORY, REPRESENTATIONS, AND WARRANTIES INCLUDING, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY (I) OF MERCHANTABILITY OR CONDITION SUITABILITY, (II) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTOR (III) OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT THAT ANY SOFTWARE WILL BE PROVIDED ERROR FREE, SATISFACTORY QUALITY WILL OPERATE WITHOUT INTERRUPTION OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED THAT ANY SOFTWARE WILL FULFILL YOUR REQUIREMENTS. TO THE EXTENT ALLOWED BY THAT LICENSOR CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS SCOPE AND DURATION OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO SUCH WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFMINIMUM REQUIRED UNDER SUCH LAW.

Appears in 5 contracts

Samples: License and Support Services Agreement, Customer License and Support Services Agreement, Customer License and Support Services Agreement

Limited Warranty. A. If you obtained Software directly from us, we warrant for a period of thirty (30) days from the Purchase Date that (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (with respect to the affected Software product), or refund the Software license fee. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS HP PROVIDES A LIMITED WARRANTY DOES NOT APPLY AGAINST DEFECTS IN HARDWARE MATERIALS AND WORKMANSHIP FOR 90 DAYS AFTER RETURN OF THE HP PRODUCT TO ANY SOFTWARE WHICH (I) IS LICENSED CUSTOMER OR FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER THE REMAINING TERM OF THIS AGREEMENT, WHICHEVER IS LONGER, FOR REPLACEMENT PARTS PROVIDED TO MAINTAIN HP HARDWARE PRODUCTS SERVICED UNDER THIS AGREEMENT. YOU AGREE TO PAY US HP DOES NOT PROVIDE ANY WARRANTY FOR SUPPORT SERVICES FOR HP SOFTWARE. ANY MAINTENANCE OR CONSULTING SUPPORT SERVICES FOR HP SOFTWARE IS PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS‘AS IS’. IF YOU HAVE OBTAINED HP RECEIVES NOTICE OF DEFECTIVE HARDWARE REPLACEMENT PARTS DURING THIS PERIOD, HP WILL, AT ITS OPTION, REPAIR OR REPLACE THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, REPLACEMENT PART(S) THAT PROVE TO BE DEFECTIVE. THE TERMS OF ANY ABOVE LIMITED WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE IS EXCLUSIVE AND NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED OTHER WARRANTY, WHETHER WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED. TO THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS OR EXTENT PERMITTED BY LAW, HP SPECIFICALLY DISCLAIMS THE IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, SATISFACTORY QUALITY . SOME STATES DO NOT ALLOW A LIMITATION ON AN IMPLIED WARRANTY FOR CONSUMER PRODUCTS OR ARISING FROM OF A COURSE CONSUMER’S STATUTORY RIGHTS. IN SUCH STATES SOME EXCLUSIONS OR LIMITATIONS OF DEALING, USAGE, OR TRADE PRACTICE, THIS LIMITED WARRANTY MAY NOT APPLY TO YOU. ANY IMPLIED WARRANTIES THAT MAY BE IMPOSED BY LAW ARE HEREBY EXCLUDED LIMITED IN DURATION TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFPERIOD.

Appears in 5 contracts

Samples: Service Agreement, Service Agreement, Service Agreement

Limited Warranty. A. If you obtained Software directly from us, we We warrant for a period of thirty (30) days from that the Purchase Date that (i) the media on which the Software is furnished products will be free of defects perform substantially in accordance with products written materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentationaccompanying it. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (with respect to the affected Software product), or refund the Software license fee. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED EXPRESSLY PROVIDED OTHERWISE IN THIS LIMITED WARRANTY, AGREEMENT THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ." WE HEREBY DISCLAIM ALL EXPRESS WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR IMPLIED CONDITIONSOTHER (INCLUDING ALL WARRANTIES ARISING FROM COURSE OF DEALING, REPRESENTATIONSUSAGE, OR TRADE PRACTICE), AND SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTTITLE, SATISFACTORY QUALITY OR ARISING FROM A COURSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OF DEALING, USAGEANY KIND THAT THE PRODUCTS, OR TRADE PRACTICEANY OTHER GOODS, ARE HEREBY EXCLUDED SERVICES, TECHNOLOGIES, INFORMATION, OR MATERIALS, OR ANY PRODUCTS OR RESULTS OF THE USE OF ANY OF THEM, WILL MEET YOUR OR OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OTHER GOODS, SERVICES, TECHNOLOGIES,INFORMATION, OR MATERIALS EXCEPT IF AND TO THE EXTENT ALLOWED BY APPLICABLE LAWEXPRESSLY SET FORTH IN THIS AGREEMENT, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. CERTAIN THIRD ALL OPEN SOURCE COMPONENTS AND OTHER THIRD-PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS MATERIALS ARE PROVIDED "AS IS"" AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY OF THEM IS STRICTLY BETWEEN YOU AND THE THIRD-PARTY OWNER OR DISTRIBUTOR OF SUCH OPEN SOURCE COMPONENTS OR OTHER THIRD-PARTY MATERIALS. FURTHER, IS SUBJECT TO WE HAVE MADE NO REPRESENTATION OR STATEMENT AND GIVE NO CONDITION, WARRANTY OR GUARANTEE ABOUT THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS DATES FOR DELIVERY OR RELEASE OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFPRODUCTS.

Appears in 4 contracts

Samples: Customer Agreement, Customer Agreement, Customer Agreement

Limited Warranty. A. If you obtained You may obtain without payment a license to evaluate the Software directly from us, we warrant for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (3090) days from the Purchase Date that (i) date of receipt of the media on which Software, Saxonica warrants the Software is furnished against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free of from defects in materials and workmanship under normal use; workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software will substantially conform to its Documentationthat does not meet Saxonica's Limited Warranty. This limited warranty extends to you personally and Limited Warranty is not transferable. Your sole and exclusive remedy and void if failure of the entire liability of TIBCO and its licensors under this limited warranty will beSoftware has resulted from accident, at our option, to repair or replace (with respect to the affected Software product)abuse, or refund the misapplication. Any replacement Software license feewill be warranted for an additional ninety (90) days. In the event Neither these remedies nor any product support services offered by Saxonica are available without proof of a refundpurchase from an authorized source. EXCEPT FOR THE FOREGOING, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY IS DELIVERED TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS"" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, NONINFRINGEMENTTITLE, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALINGAND NON-INFRINGEMENT, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED WITH REGARD TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED SOFTWARE, AND THE PROVISION OF OR FAILURE TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMERPROVIDE SUPPORT SERVICES. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTSLIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY CHOOSE NOT HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATIONSTATE/JURISDICTION. NO WARRANTY IS MADE PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE RESULTS CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFCONTRACT.

Appears in 4 contracts

Samples: Individual License Agreement, License Agreement, License Agreement

Limited Warranty. A. If you You represent, warrant and covenant that: (i) all of Your employees and consultants will abide by the terms of this Agreement; and (ii) You will comply with all applicable laws, regulations, rules, orders and other requirements, now or hereafter in effect, of any applicable governmental authority, in its performance of this LICENSE. Notwithstanding any terms to the contrary in this LICENSE, You will remain responsible for acts or omissions of all employees or consultants of Yours to the same extent as if such acts or omissions were undertaken by You. You assume responsibility for the selection of the SOFTWARE to achieve your intended results, and for the installation, use, and results obtained Software directly from usthe SOFTWARE. B. Except with respect to REDISTRIBUTABLES and Source Code, we warrant which are provided "AS IS," without warranty of any kind, Infragistics warrants that the SOFTWARE will perform substantially in accordance with its accompanying documentation for a period of thirty (30) days from the Purchase Date that Effective Date. INFRAGISTICS DOES NOT PROVIDE ANY TECHNICAL SUPPORT FOR SOURCE CODE. C. Except as set forth in Section XII.B, the SOFTWARE IS PROVIDED ON AN ìAS ISî OR ìAS AVAILABLEî BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. INFRAGISTICS AND ITS LICENSORS AND/OR SUPPLIERS DO NOT WARRANT THAT ANY OF THE SOFTWARE WILL BE FREE FROM BUGS, ERRORS, OR OMISSIONS. INFRAGISTICS AND ITS LICENSORS/SUPPLIERS DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SOFTWARE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and WARRANTIES OF MERCHANTABILITY, (ii) the Software will substantially conform to its Documentation. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will beWARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT INFRAGISTICS KNOWS, at our optionHAS REASON TO KNOW, to repair or replace (with respect to the affected Software productHAS BEEN ADVISED, OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE), or refund the Software license fee. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION WARRANTIES OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY NONINFRINGEMENT OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTSTITLE. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFSUCH WARRANTIES.

Appears in 4 contracts

Samples: Software License Agreement, Software License Agreement, Software License Agreement

Limited Warranty. A. If you obtained Subject to the limitations of Section 7, Seller warrants that the Software directly will execute the programming instructions provided by Seller and that the Goods manufactured by Seller will be free from us, we warrant defects in material and workmanship under normal use and regular service and maintenance for a period of thirty one year from the date of shipment of the Goods by Seller, unless otherwise specified by Seller in writing. Seller does not warrant that the operation of the Software shall be uninterrupted or error free. Consumables, including, without limitation, glass parts and electrodes, membranes, liquid junctions, electrolytes and reagents, o-rings, plastic tubes, elastomers, etc. are warranted to be free from defects in material and workmanship under normal use and service for a period of ninety (3090) days from the Purchase Date that date of shipment by Seller. Products purchased by Seller from a third party for resale to Buyer (i“Resale Products”) shall carry only the media on which warranty extended by the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentationoriginal manufacturer. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (with respect to the affected Software product), or refund the Software license fee. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS THESE ARE THE SOLE AND EXCLUSIVE WARRANTIES GIVEN BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU SELLER WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED THE GOODS AND ARE IN THIS LIMITED WARRANTYLIEU OF AND EXCLUDE ALL OTHER WARRANTIES, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONSARISING BY OPERATION OF LAW OR OTHERWISE, AND WARRANTIES INCLUDING, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE WHETHER OR NOT THE PURPOSE OR USE HAS BEEN DISCLOSED TO SELLER IN SPECIFICATIONS, NONINFRINGEMENT, SATISFACTORY QUALITY DRAWINGS OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSEOTHERWISE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE WHETHER OR NOT TO SELLER’S PRODUCTS ARE SPECIFICALLY DESIGNED AND/OR MANUFACTURED BY SELLER FOR BUYER’S USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFPURPOSE.

Appears in 3 contracts

Samples: Terms of Sale, Terms of Sale, Terms of Sale

Limited Warranty. A. If you obtained Software directly from us, we warrant for a period of thirty (30) days from 8.1 NAMLS warrants to Firm that it owns or otherwise has rights in the Purchase Date that (i) MLS Data and has the media on which right to license the Software is furnished will be free of defects MLS Data as described in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (with respect to the affected Software product), or refund the Software license fee. In the event of a refund, this Agreement shall terminate with respect to the affected Software productAgreement. B. THIS 8.2 NAMLS MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE ABILITY TO ACCESS OR INTEGRATE BE DATA. 8.3 THE WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) SET FORTH IN SECTION 8.1 IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENTNAMLS. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NAMLS MAKES NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTYANY CONSULTANT. NAMLS EXPRESSLY DISCLAIMS, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". FIRM HEREBY EXPRESSLY WAIVES, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY OF THE MLS DATA, INFORMATIONAL CONTENT OF THE MLS DATA OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGEPARTICIPANT DATA, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS FITNESS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTSDATA FOR FIRM’S PURPOSE OR SYSTEM INTEGRATION. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. THERE IS NO WARRANTY IS MADE REGARDING AGAINST INTERFERENCE WITH ENJOYMENT OF THE RESULTS MLS DATA, OR AGAINST INFRINGEMENT OF PROPRIETARY RIGHTS OF ANOTHER. NAMLS MLS DOES NOT WARRANT AND SPECIFICALLY DISCLAIMS ANY PRODUCTS REPRESENTATIONS THAT ACCESS TO MLS DATA AND/OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS ITS USE WILL BE CORRECTEDUNINTERRUPTED OR ERROR-FREE, OR THAT ACCESS PROBLEMS, IF ANY, WILL BE CORRECTED BY IT OR BE CORRECTABLE. FIRM SHALL BE SOLELY RESPONSIBLE FOR THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. SELECTION, USE, EFFICIENCY AND SUITABILITY OF ANY CONSULTANT AND NAMLS MLS SHALL HAVE NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFLIABILITY THEREFOR.

Appears in 3 contracts

Samples: Idx Data Access Agreement, Idx Data Access Agreement, Idx Data Access Agreement

Limited Warranty. A. If you obtained Software directly from us, we warrant for a period of thirty (30) days from the Purchase Date that (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (with respect to the affected Software product), or refund the Software license fee. In the event of a refund, this Agreement shall terminate solely with respect to the affected Software product, and you shall immediately cease all use of and return or destroy all copies of such Software. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, MODIFIED (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE SOLELY AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; , THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; , THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALF.

Appears in 3 contracts

Samples: Software License Agreement, Software License Agreement, Software License Agreement

Limited Warranty. A. If you obtained Software directly from us, we warrant FMI warrants for a period of thirty ninety (3090) days from the Purchase Date effective date of this Agreement that (i) the media on which the Software is furnished as provided by FMI will be free of defects perform substantially in materials accordance with the accompanying documentation. FMI's entire liability and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends to you personally and is not transferable. Your Licensee's sole and exclusive remedy and for any breach of the entire liability of TIBCO and its licensors under this foregoing limited warranty will be, at our FMI's option, to replacement of the Software, refund of the purchase price or repair or replace (with respect to the affected Software product), or refund replacement of the Software license feewhich is returned to FMI or an FMI authorized representative with a copy of the receipt. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS LIMITED WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES THE ONLY WARRANTY PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M FMI AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER FMI AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, CONDITIONS OR DISTRIBUTOROTHER TERMS, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EITHER EXPRESS OR IMPLIED CONDITIONS(WHETHER COLLATERALLY, REPRESENTATIONSBY STATUTE OR OTHERWISE), AND WARRANTIES INCLUDINGINCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, WITHOUT LIMITATION, ANY IMPLIED WARRANTY CONDITIONS OR CONDITION OTHER TERMS OF MERCHANTABILITY, SATISFACTORY QUALITY AND/OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE WITH REGARD TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS. FURTHERMORE, NONINFRINGEMENT, SATISFACTORY QUALITY THERE IS NO WARRANTY AGAINST INTERFERENCE WITH LICENSEE'S ENJOYMENT OF THE SOFTWARE OR ARISING FROM A COURSE AGAINST INFRINGEMENT OF DEALING, USAGETHIRD PARTY PROPRIETARY RIGHTS BY THE SOFTWARE. FMI DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR TRADE PRACTICETHAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FMI OR AN FMI AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, ARE HEREBY EXCLUDED CONDITIONS OR OTHER TERMS THE ABOVE LIMITATION MAY NOT APPLY TO THE EXTENT ALLOWED BY APPLICABLE LAWLICENSEE. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THIS DISCLAIMER AND THE THIRD PARTY LICENSELIMITED WARRANTY UNDER THIS SECTION 4 DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING THE SOFTWARE OTHERWISE THAN IN THE COURSE OF A BUSINESS, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF NEITHER DO THEY LIMIT OR EXCLUDE ANY PRODUCTS LIABILITY FOR DEATH OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCOPERSONAL INJURY CAUSED BY FMI'S BEHALFNEGLIGENCE.

Appears in 3 contracts

Samples: Site License Agreement, Site License Agreement, Site License Agreement

Limited Warranty. A. If you obtained Software directly from usi. WARRANTIES FOR SOLUTIONS SHALL BE PROVIDED AS INDICATED IN THE SCHEDULES. EXCEPT AS EXPRESSLY STATED IN THE SCHEDULES OR IN THE APPLICABLE SOLUTION DOCUMENTATION, we warrant for a period of thirty DELL (30) days from the Purchase Date that (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will beINCLUDING ITS AFFILIATES, at our optionCONTRACTORS, to repair or replace (with respect to the affected Software productAND AGENTS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AND OFFICERS), or refund the Software license fee. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH ON BEHALF OF ITSELF AND ITS SUPPLIERS AND LICENSORS (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTORCOLLECTIVELY, THE TERMS OF ANY “DELL PARTIES”) MAKES NO EXPRESS OR IMPLIED WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH ANY OF THE PRODUCTS, SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS , DELIVERABLES OR SERVICES, INCLUDING BUT NOT LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, TO ANY IMPLIED WARRANTY OR CONDITION (a) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTPERFORMANCE, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGESUITABILITY, OR TRADE PRACTICE, ARE HEREBY EXCLUDED NON-INFRINGEMENT; (b) RELATING TO THIRD-PARTY PRODUCTS; OR (c) RELATING TO THE EXTENT ALLOWED RESULTS OR PERFORMANCE OF THE SOLUTION, INCLUDING THAT THE SOLUTION WILL BE PROVIDED WITHOUT INTERRUPTION OR ERROR. ii. WARRANTIES DO NOT COVER DAMAGE DUE TO EXTERNAL CAUSES, SUCH AS ACCIDENT, ABUSE, PROBLEMS WITH ELECTRICAL POWER, SERVICE NOT PERFORMED OR AUTHORIZED BY DELL (INCLUDING INSTALLATION OR DE-INSTALLATION), USAGE NOT IN ACCORDANCE WITH THE DOCUMENTATION, NORMAL WEAR AND TEAR, OR USE OF PARTS AND COMPONENTS NOT SUPPLIED OR INTENDED FOR USE WITH THE SOLUTION. WARRANTIES DO NOT APPLY TO THIRD-PARTY PRODUCTS. ANY WARRANTY ON A THIRD-PARTY PRODUCT IS PROVIDED BY THE PUBLISHER, PROVIDER, OR ORIGINAL MANUFACTURER. iii. NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT DELL’S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMERWARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT, BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSESOME JURISDICTIONS DO NOT ALWAYS ENFORCE CLASS ACTION OR JURY WAIVERS, AND MAY LIMIT FORUM SELECTION CLAUSES AND STATUTE OF LIMITATIONS PROVISIONS, AS SUCH, ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT LIMITATIONS THAT ARE LAWFULLY APPLIED TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS CUSTOMER IN CUSTOMER’S JURISDICTION WILL OPERATE WITHOUT ERRORSAPPLY TO CUSTOMER, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS AND DELL’S LIABILITY WILL BE CORRECTED, OR THAT LIMITED TO THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Appears in 3 contracts

Samples: Master Commercial Customer Agreement, Master Commercial Customer Agreement (SecureWorks Corp), Master Commercial Customer Agreement (SecureWorks Holding Corp)

Limited Warranty. A. If you obtained Software directly from us(a) Licensor warrants that the Software, we warrant as defined in Schedule "A" and, any additional Software, as defined in future revisions to Schedule "A", without Modifications, will substantially conform to the Related Materials for a period of thirty one (301) days year from the Purchase Date date of receipt by Licensee. Licensor warrants that (i) the media on upon which the Software is furnished provided and the Related Materials will be free of from defects in materials and workmanship under normal use; use and service for a period of ninety (ii90) days from the Software will substantially conform to its Documentation. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability date of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (with respect to the affected Software product), or refund the Software license fee. In the event of a refund, this Agreement shall terminate with respect to the affected Software productreceipt by Licensee. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (Ib) IS LICENSED FOR ALPHALICENSOR DISCLAIMS ALL OTHER WARRANTIES, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED CONDITIONS, REPRESENTATIONS, WARRANTIES OF MERCHANTABILITY AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED WITH RESPECT TO THE EXTENT ALLOWED BY APPLICABLE LAWSOFTWARE AND RELATED MATERIALS. CERTAIN THIRD PARTY SOFTWARE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE FOREGOING EXCLUSIONS MAY BE PROVIDED NOT APPLY TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION COMPANY. COMPANY MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS"JURISDICTION. (c) During the warranty period, IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSELicensor's entire liability and Licensee's exclusive remedy shall, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORSat Licensor's option, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTEDbe one of the following: (i) Licensor may attempt to correct or work around Errors; (ii) Licensor may replace the Software and Related Materials; (d) Licensor shall not be liable for damages, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALERdirect or indirect, DISTRIBUTORspecial, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONSincidental, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFconsequential, punitive or exemplary, related to Licensee's use of the Software and Related Materials, even if Licensor is advised of the possibility of such damage.

Appears in 3 contracts

Samples: Software License & Service Agreement, Software License & Service Agreement, Software License & Service Agreement

Limited Warranty. A. If you obtained Software directly from usTHE SOLUTION, we warrant for a period of thirty TOGETHER WITH ALL THIRD-PARTY PRODUCTS AND OPEN SOURCE SOFTWARE PROVIDED BY DELL, IS PROVIDED “AS IS.” DELL (30) days from the Purchase Date that (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will beINCLUDING ITS AFFILIATES, at our optionCONTRACTORS, to repair or replace (with respect to the affected Software productAND AGENTS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AND OFFICERS), or refund the Software license fee. In the event of a refundON BEHALF OF ITSELF AND ITS LICENSORS, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH CLOUD PARTNERS AND SUPPLIERS (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE COLLECTIVELY AND TOGETHER WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTORDELL, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE “DELL PARTIES”), MAKES NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION WITH RESPECT TO THE SOLUTION OR ANY OF MERCHANTABILITYTHE SOFTWARE OR SERVICES INCLUDED THEREIN, INCLUDING BUT NOT LIMITED TO ANY WARRANTY (1) OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTSUITABILITY OR NON-INFRINGEMENT; (2) RELATING TO THE PERFORMANCE OF SOFTWARE (INCLUDING WHETHER THE SOFTWARE IS OR WILL BE SECURE, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALINGACCURATE, USAGECOMPLETE, WITHOUT ERROR, OR TRADE PRACTICEFREE OF VIRUSES, ARE HEREBY EXCLUDED TO WORMS OR OTHER HARMFUL COMPONENTS OR PROGRAM LIMITATIONS, OR THAT ANY ERRORS IN THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY WILL BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS CORRECTED ) OR OUR PERFORMANCE OF THE THIRD PARTY LICENSESERVICES (INCLUDING WHETHER THE SERVICES ARE OR WILL BE UNINTERRUPTED, AND MAY ONLY TIMELY OR WITHOUT ERROR) OR THE SECURITY OF THE SOLUTION OR WHETHER THE SOLUTION IS SUITABLE FOR HIGH-RISK ACTIVITIES; (3) REGARDING THE RESULTS TO BE USED WITH OBTAINED FROM THE PRODUCTS. SOLUTION (INCLUDING THE ACCURACY, QUALITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS OR EFFECTIVENESS OF ANY REPORTS, DATA, RESULTS OR OTHER INFORMATION OBTAINED OR GENERATED BY YOU MAY CHOOSE NOT RELATED TO YOUR USE THIRD PARTY OF THE SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING ) OR THE RESULTS OF ANY PRODUCTS RECOMMENDATION BY US; OR SERVICES; (4) ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. ANY WARRANTY ON A THIRD-PARTY PRODUCT IS PROVIDED BY THE PUBLISHER, PROVIDER OR ORIGINAL MANUFACTURER, WHETHER OR NOT SUCH THIRD-PARTY PRODUCT IS DESIGNATED BY US AS “CERTIFIED,” “APPROVED” OR OTHERWISE. IN THE EVENT WE ARE PROVIDING THE SOLUTION IN CONNECTION WITH A TRIAL, THE SOLUTION IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OR CONDITIONS. WITH RESPECT TO YOUR OR END USER’S USE OF THE SOFTWARE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF PROBLEMS CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, UNLESS SUCH PROBLEMS OR VIRUSES ARE THE DIRECT RESULT OF OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. YOU AGREE THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORSOPERATION AND AVAILABILITY OF THE SYSTEMS USED FOR ACCESSING AND INTERACTING WITH THE SOLUTIONS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTEDINCLUDING TELEPHONE, COMPUTER NETWORKS AND THE INTERNET, OR THAT FOR TRANSMITTING INFORMATION CAN BE UNPREDICTABLE AND MAY, FROM TIME TO TIME, INTERFERE WITH OR PREVENT ACCESS TO OR USE OR OPERATION OF THE PRODUCT FUNCTIONALITY SOLUTIONS. WE WILL NOT BE LIABLE FOR ANY SUCH INTERFERENCE WITH OR SERVICES WILL MEET PREVENTION OF YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED END USER’S ACCESS TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS USE OF THE SOLUTIONS OR THE IMPACT SUCH INTERFERENCE OR PREVENTION MAY HAVE ON OUR ABILITY TO THIS WARRANTY ON TIBCO'S BEHALFPERFORM THE SOLUTIONS.

Appears in 2 contracts

Samples: Dell Cloud Solutions Agreement, Dell Cloud Solutions Agreement

Limited Warranty. A. If you obtained Software directly from us, we warrant for a period of thirty (30) days from Good warrants that during the Purchase Date that (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) Warranty Period the Software will substantially conform to its Documentationthe specifications set forth in Good’s relevant documentation. This limited warranty extends to you personally The “Warranty Period” begins on the date Good makes the Software available for electronic download by Customer and is not transferableends ninety days later. Your Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our Good's option, to repair or replace replacement of the Software or, if repair or replacement is not feasible, refund of the applicable fees paid. This warranty does not apply if the Software: (with respect to the affected Software product)a) is licensed for beta, evaluation, testing or demonstration purposes; (b) has been altered, except by Good; (c) has not been installed, operated, repaired, or refund maintained in accordance with the relevant documentation; or (d) has been used in conjunction with Customer or third party software, accessories, products, services or ancillary or peripheral equipment and the problem is the result of such use and not of the Software license feeitself. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF DESPITE ANY OTHER TERM PROVISION OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE GOOD MAKES NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. BANDWIDTH OR ANY THIRD PARTY HARDWARE, SOFTWARE AND SERVICES. GOOD DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE OR THAT CUSTOMER WILL BE ABLE TO OPERATE THE SOFTWARE WITHOUT INTERRUPTION. EXCEPT AS SPECIFIED EXPRESSLY GRANTED IN THIS LIMITED WARRANTYAGREEMENT, THE PRODUCTS SOFTWARE AND ALL RELATED SERVICES ARE PROVIDED "AS IS". TO THE EXTENT PERMITTED BY LAW, GOOD EXCLUDES ALL EXPRESS TERMS, CONDITIONS AND WARRANTIES IMPLIED INTO THIS LICENSE BY LAW, STATUTE, COURSE OF DEALING, USAGE OR IMPLIED CONDITIONS, REPRESENTATIONSTRADE PRACTICE OR OTHERWISE. SPECIFICALLY, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY THE IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTDESIGN, MERCHANTIBILITY, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, AND NONINFRINGEMENT ARE HEREBY EXCLUDED EXPRESSLY DISCLAIMED. TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY AN IMPLIED TERM, CONDITION OR WARRANTY CANNOT BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE EXCLUDED OR DISCLAIMED, THEN IT IS PROVIDED "AS IS", IS SUBJECT LIMITED IN DURATION TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFPERIOD.

Appears in 2 contracts

Samples: Good Server License and Services Agreement, Carahsoft Rider to Manufacturer End User License Agreement

Limited Warranty. A. If (a) eFileCabinet warrants to you, the original end user, that the Software will perform substantially in accordance with the accompanying documentation. eFileCabinet does not warrant that the Software is error- free or that the Software will operate without interruption. This Limited Warranty extends for sixty (60) days from the date the Software is paid for or first installed or used, whichever occurs first. (b) eFileCabinet does not warrant any maintenance services that may be provided to you. (c) This Limited Warranty does not apply to any Software that has been altered, damaged, abused, misapplied, or used other than in accordance with this Agreement and any instructions included on the Software or in accompanying documentation. (d) EFILECABINET SPECIFICALLY DISCLAIMS LIABILITY OR RESPONSIBILITY OF ANY KIND FOR DEFECTS, ERRORS, OR OTHER MALFUNCTIONS THAT ARE ATTRIBUTABLE IN WHOLE OR IN PART TO ANY COMPUTER HARDWARE OR SOFTWARE THAT IS NOT PRODUCED OR SOLD BY EFILECABINET, INCLUDING BUT NOT LIMITED TO ANY INCOMPATIBILITY OF THE SOFTWARE WITH ANY COMPUTER HARDWARE OR SOFTWARE THAT IS NOT PRODUCED OR SOLD BY EFILECABINET. YOU AGREE THAT EFILECABINET IS NOT A “FINANCIAL INSTITUTION” UNDER THE XXXXX-XXXXX- XXXXXX ACT. (e) For any breach of this Agreement by eFileCabinet, including under the Limited Warranty, eFileCabinet’s entire liability, and your exclusive remedy, shall be the repair or replacement of any Software that fails to conform to this Limited Warranty or, at eFileCabinet’s option, return of the license fees paid by you obtained for the Software. eFileCabinet shall have no liability under this Limited Warranty unless the Software directly from usis returned to eFileCabinet, we warrant or its authorized representative, with a copy of your purchase receipt, within the warranty period. Any replacement Software will be warranted for a the remainder of the original warranty period of or thirty (30) days from the Purchase Date that (i) the media on which the Software days, whichever is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (with respect to the affected Software product), or refund the Software license fee. In the event of a refund, this Agreement shall terminate with respect to the affected Software productlonger. B. (f) THIS LIMITED WARRANTY DOES IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, NOT APPLY EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTCOMPATIBILITY OF HARDWARE AND SOFTWARE, SATISFACTORY QUALITY OR AND WARRANTIES ARISING FROM A USAGE OF TRADE OR COURSE OF DEALING. (g) THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT HAVE OTHERS WHICH VARY FROM STATE TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFSTATE.

Appears in 2 contracts

Samples: Software License Agreement, Software License Agreement

Limited Warranty. A. If you obtained Software directly from us, we warrant for a period of thirty (30) days from 8.1 NAMLS warrants to Firm that it owns or otherwise has rights in the Purchase Date that (i) MLS Data and has the media on which right to license the Software is furnished will be free of defects MLS Data as described in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (with respect to the affected Software product), or refund the Software license fee. In the event of a refund, this Agreement shall terminate with respect to the affected Software productAgreement. B. THIS 8.2 NAMLS MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE ABILITY TO ACCESS OR INTEGRATE BE DATA. 8.3 THE WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) SET FORTH IN SECTION 8.1 IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENTNAMLS. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE XXXXX MAKES NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTYANY CONSULTANT. NAMLS EXPRESSLY DISCLAIMS, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". FIRM HEREBY EXPRESSLY WAIVES, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY OF THE MLS DATA, INFORMATIONAL CONTENT OF THE MLS DATA OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGEPARTICIPANT DATA, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS FITNESS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTSDATA FOR FIRM’S PURPOSE OR SYSTEM INTEGRATION. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. THERE IS NO WARRANTY IS MADE REGARDING AGAINST INTERFERENCE WITH ENJOYMENT OF THE RESULTS MLS DATA, OR AGAINST INFRINGEMENT OF PROPRIETARY RIGHTS OF ANOTHER. NAMLS MLS DOES NOT WARRANT AND SPECIFICALLY DISCLAIMS ANY PRODUCTS REPRESENTATIONS THAT ACCESS TO MLS DATA AND/OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS ITS USE WILL BE CORRECTEDUNINTERRUPTED OR ERROR-FREE, OR THAT ACCESS PROBLEMS, IF ANY, WILL BE CORRECTED BY IT OR BE CORRECTABLE. FIRM SHALL BE SOLELY RESPONSIBLE FOR THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. SELECTION, USE, EFFICIENCY AND SUITABILITY OF ANY CONSULTANT AND NAMLS MLS SHALL HAVE NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFLIABILITY THEREFOR.

Appears in 2 contracts

Samples: Idx Data Access Agreement, Idx Data Access Agreement

Limited Warranty. A. If you obtained Software directly from us, we warrant for a period of thirty (30) days from the Purchase Date that (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (with respect to the affected Software product), or refund the Software license fee. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE MAXIMUM EXTENT ALLOWED PERMITTED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY , THE SOFTWARE IS PROVIDED "AS IS", IS SUBJECT WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND CLARIS AND XXXXXX’S LICENSORS (COLLECTIVELY REFERRED TO AS "CLARIS" FOR THE PURPOSES OF SECTIONS 5 AND 6) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. XXXXXX DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY XXXXXX OR A CLARIS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE TERMS OF THIS DISCLAIMER AND THE THIRD PARTY LICENSELIMITED WARRANTY UNDER THIS SECTION 5 DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING THE SOFTWARE OTHERWISE THAN IN THE COURSE OF A BUSINESS, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF NEITHER DO THEY LIMIT OR EXCLUDE ANY PRODUCTS LIABILITY FOR DEATH OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFPERSONAL INJURY CAUSED BY XXXXXX’S NEGLIGENCE.

Appears in 2 contracts

Samples: Software License Agreement, Software License Agreement

Limited Warranty. A. If you obtained Software directly from usExcept if You are purchasing a Trial License, we warrant for a period of thirty ninety (3090) days from the Purchase Date that (i) the media on which date You purchase the Software is furnished will be free of defects in materials (the “Warranty Period”), Retrospect and workmanship under normal use; and (ii) its licensors warrant only that the Software will perform substantially conform to its Documentation. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and in accordance with the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (with respect to the affected Software product), or refund specifications stated for the Software license feein the accompanying written end-user documentation. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES SHALL NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIEDABUSED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLEDMISUSED, OPERATEDDAMAGED IN TRANSPORT, REPAIREDALTERED, NEGLECTED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL UNAUTHORIZED REPAIR OR ELECTRICAL STRESSINSTALLATION, MISUSEAS REASONABLY DETERMINED BY RETROSPECT. THE FOREGOING LIMITED WARRANTY SHALL NOT APPLY IF YOU ARE PURCHASING A TRIAL LICENSE. NOTWITHSTANDING ANYTHING ELSE HEREIN, NEGLIGENCETHE ENTIRE LIABILITY OF RETROSPECT AND ITS LICENSORS, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US AND YOUR EXCLUSIVE REMEDY FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M WARRANTY, SHALL BE, AT RETROSPECT’S OPTION AND EXPENSE BASIS. IF YOU HAVE OBTAINED EXPENSE: (A) REPAIR OR REPLACEMENT OF THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, WITH SOFTWARE THAT MEETS THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY (B) IF REPAIRING OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO REPLACING THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS"NOT COMMERCIALLY PRACTICABLE IN RETROSPECT'S SOLE DISCRETION, IS SUBJECT TO THE TERMS REFUND OF THE THIRD PARTY LICENSEPURCHASE PRICE PAID BY YOU, AND MAY ONLY BE USED WITH IN BOTH CASES WHERE THE PRODUCTSSOFTWARE IS RETURNED TO RETROSPECT, WITHIN THE WARRANTY PERIOD. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORSFor warranty claims, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFplease go to xxx.xxxxxxxxxx.xxx/xxxxxxx.

Appears in 2 contracts

Samples: u.s. Government End User License Agreement, End User License Agreement

Limited Warranty. A. If you obtained Software directly from us, we warrant for a period of thirty (30a) days from the Purchase Date that Docebo represents and warrants that: (i) it will provide the media on which Services in a manner consistent with general industry standards reasonably applicable to the Software is furnished provision thereof; (ii) it has all rights, licenses, consents and authorizations necessary to grant the rights and licenses granted in this Agreement; (iii) the Services delivered under the Agreement will be free of defects operate substantially in materials and workmanship conformity with its Documentation under normal useuse and circumstances; (iv) the Documentation accurately and completely reflects all material features and functions of the Services; (v) it shall comply with all applicable federal, state and local laws, rules, and regulations when performing its obligations under this Agreement; and (iiv) to Docebo’s knowledge, the Software Services do not contain, and will substantially conform not transmit to Company or its Documentation. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will besystems, at our optionany viruses, to repair or replace (with respect to the affected Software product)Trojan horses, timebombs, or refund any other code, programs or mechanisms that disrupt, modify, delete, harm, or otherwise impede the Software license fee. In the event operation of a refund, this Agreement shall terminate with respect to the affected Software productcomputer systems. B. (b) OTHER THAN AS EXPRESSLY SET FORTH IN THIS WARRANTY DOES NOT APPLY TO AGREEMENT, NEITHER DOCEBO, ITS AFFILIATES, LICENSORS OR SUPPLIERS, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR REPRESENTATIVES MAKES ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHAEXPRESS OR IMPLIED WARRANTIES, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIREDCONDITIONS, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED REPRESENTATIONS TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCETHE COMPANY, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE PERSON OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU ENTITY WITH RESPECT TO SUCH SOFTWARE. C. THE SERVICES OR OTHERWISE REGARDING THE AGREEMENT, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED OR STATUTORY, AND, EXCEPT AS SPECIFIED EXPRESSLY SET FORTH IN THIS LIMITED WARRANTYAGREEMENT, THE PRODUCTS AND SERVICES ARE PROVIDED "TO THE COMPANY ON AN “AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS” AND “AS AVAILABLE” BASIS, AND WARRANTIES INCLUDING, ARE FOR COMMERCIAL USE ONLY. WITHOUT LIMITATIONLIMITING THE FOREGOING, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, THE IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR AND THOSE ARISING FROM A COURSE OF DEALING, USAGE, DEALING OR USAGE OF TRADE PRACTICE, ARE HEREBY EXPRESSLY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATIONDISCLAIMED. NO WARRANTY IS MADE REGARDING THAT USE OF THE RESULTS OF SERVICES WILL BE TIMELY, ERROR FREE OR UNINTERRUPTED, THAT ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT NON- MATERIAL ERRORS OR BUGS DEFECTS IN THE SERVICES WILL BE CORRECTED, THAT THE SYSTEM THAT MAKES THE SERVICES AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL OPERATE IN COMBINATION WITH HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED OR RECOMMENDED BY DOCEBO, THAT THE OPERATION OF THE SERVICES WILL BE SECURE, OR THAT THE SERVICES FUNCTIONALITY WILL MEET YOUR THE COMPANY’S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT THE COMPANY ASSUMES ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SERVICES OR EMPLOYEE THE INFORMATION GENERATED THEREBY IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS ACCURATE OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFSUFFICIENT FOR THE COMPANY’S PURPOSE.

Appears in 2 contracts

Samples: Master Software as a Service Agreement, Master Software as a Service Agreement

Limited Warranty. A. If Quadralay warrants to you obtained that the Software directly from us, we warrant will perform substantially in accordance with the Documentation for a period of the thirty (30) days from day period following your receipt of the Purchase Date that (i) the media on which Software. To make a warranty claim, you must return the Software is furnished will be free to the location where you obtained it, or if you downloaded it, provide affirmation in writing that you have destroyed all copies of defects in materials and workmanship under normal use; and (ii) the Software will and Documentation, along with a copy of your sales receipt within such thirty (30) day period. If the Software does not perform substantially conform to its in accordance with the Documentation. This limited warranty extends to you personally and is not transferable. Your sole , the entire and exclusive liability and remedy and the entire liability of TIBCO and its licensors under this shall be limited warranty will beto either, at our Quadralay's option, to repair or replace (with respect to the affected Software product), or refund replacement of the Software or the refund of the license feefee you paid for the Software. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES QUADRALAY AND ITS SUPPLIERS DO NOT APPLY TO ANY AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE WHICH (I) IS LICENSED OR DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR ALPHA, BETA, EVALUATION, TESTING QUADRALAY'S OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A SUPPLIERS' BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS QUADRALAY AND SERVICES ARE PROVIDED "AS IS". ALL ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONSAS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. QUADRALAY PROVIDES THE SOFTWARE, DOCUMENTATION AND WARRANTIES INCLUDINGSUPPORT SERVICES, WITHOUT LIMITATIONIF ANY, AS IS AND WITH ALL FAULTS. Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties that cannot be excluded are limited to DEFECTS DISCOVERED DURING THE PERIOD OF THE LIMITED WARRANTY (THIRTY (30)] DAYS); AS TO ANY IMPLIED DEFECTS DISCOVERED AFTER THE THIRTY (30) DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAWANY KIND. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMERThis warranty gives you specific legal rights. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFYou may have other rights which vary from state to state or jurisdiction to jurisdiction.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

Limited Warranty. A. If you obtained Unless otherwise provided in the limited warranties for the Software directly from usfound at xxxx://xxx.Xxxx.xxx/Warranty, we warrant Dell solely warrants that it has the right to grant the licenses to the Software, and except as set forth in Sections 13 and 15 below, that such Software will substantially conform in material respects to the functional specifications and current documentation provided by Dell with the Software. This limited warranty is not transferable and extends only for a period of thirty (30) days from the Purchase Date that (i) date of delivery of the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its DocumentationSoftware, unless otherwise stated at xxx.Xxxx.xxx/Xxxxxxxx. This limited warranty extends to you personally and is does not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will becover damages, at our optiondefects, to repair malfunctions or replace (with respect to the affected Software product)failures caused by any unauthorized modification by you, or refund your agents, of the Software license feeSoftware; any abuse, misuse or negligent acts of you; modification by you of any interfaces or any software or hardware interfacing with the Software; or any failure by you to follow Dell’s installation, operation or maintenance instructions. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED EXCEPT FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS PRECEDING EXPRESS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONSDELL MAKES, AND YOU RECEIVE, NO OTHER WARRANTIES INCLUDINGRELATED TO THE SOFTWARE WHETHER EXPRESS, WITHOUT LIMITATIONIMPLIED OR STATUTORY, AND DELL SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO AND NON-INFRINGEMENT. DELL DOES NOT WARRANT THAT THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS FUNCTIONS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTSREQUIREMENTS OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. NO TIBCO DEALERYOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE AND THE RESULTS ACHIEVED. YOUR SOLE AND EXCLUSIVE REMEDY, DISTRIBUTORAND DELL’S ENTIRE LIABILITY, AGENT FOR BREACH OF THE WARRANTIES PROVIDED HEREIN, IS FOR DELL, AT ITS SOLE DISCRETION, TO EITHER USE COMMERCIALLY REASONABLE EFFORTS TO REMEDY ANY NON-CONFORMANCE OR EMPLOYEE IS AUTHORIZED TO MAKE PROVIDE A REFUND OF THE LICENSE FEES PAID BY YOU TO DELL FOR THE SOFTWARE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED -- ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS SUCH WARRANTY ON TIBCO'S BEHALFEXTENDS ONLY FOR THIRTY (30) DAYS FROM THE DATE OF DELIVERY OF THE SOFTWARE.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

Limited Warranty. A. If Adobe warrants to you obtained Software directly from us, we warrant for a period of thirty (30) days from the Purchase Date that (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will perform substantially conform in accordance with the Documentation for the ninety (90) day period following your receipt of the Software. To make a warranty claim, you must return the Software to its the location where you obtained it along with a copy of your sales receipt within such ninety (90) day period. If the Software does not perform substantially in accordance with the Documentation. This limited warranty extends to you personally and is not transferable. Your sole , the entire and exclusive liability and remedy and the entire liability of TIBCO and its licensors under this shall be limited warranty will beto either, at our Adobe's option, to repair or replace (with respect to the affected Software product), or refund replacement of the Software or the refund of the license feefee you paid for the Software. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES ADOBE AND ITS SUPPLIERS DO NOT APPLY TO ANY AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE WHICH (I) IS LICENSED OR DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR ALPHA, BETA, EVALUATION, TESTING ADOBE'S OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A ITS SUPPLIERS' BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS ADOBE AND SERVICES ARE PROVIDED "AS IS". ALL ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONSAS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, OR FITNESS FOR A ANY PARTICULAR PURPOSE. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, NONINFRINGEMENTINCIDENTAL OR SPECIAL DAMAGES, SATISFACTORY QUALITY INCLUDING ANY LOST PROFITS OR ARISING FROM A COURSE LOST SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF DEALING, USAGETHE POSSIBILITY OF SUCH DAMAGES, OR TRADE PRACTICEFOR ANY CLAIM BY ANY THIRD PARTY. Some states or jurisdictions do not allow the exclusion or limitation of incidental, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAWconsequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMERTo the extent permissible, any implied warranties are limited to ninety (90) days. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS"This warranty gives you specific legal rights. You may have other rights which vary from state to state or jurisdiction to jurisdiction. For further warranty information, IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFplease contact Adobe’s Customer Support Department.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

Limited Warranty. A. If you obtained Software directly ELITE warrants the Security Device to be free from usdefects assuming normal use, we warrant for a period of thirty (30) days from the Purchase Date that (i) the media on which as long as LICENSEE subscribes to this network license to use the Software is furnished will be free Program. In the event of notification within the warranty period of defects in materials and workmanship under normal use; and (ii) workmanship, the Software Security Device will substantially conform be repaired as set forth in Paragraph 18, hereof, so long as LICENSEE mails, freight pre-paid by LICENSEE, the defective material to its DocumentationELITE. This The sole remedy for breach of this warranty is limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (with respect to the affected Software product), or refund repair of the Software license feeSecurity Device. In the event of The process for obtaining a refund, this Agreement shall terminate with respect repair to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHASecurity Device is more particularly set forth in Paragraph 18, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED hereof. EXCEPT AS PROVIDED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTORPARAGRAPH ABOVE, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTYNETWORK ENABLED SOFTWARE PROGRAM, THE PRODUCTS AND SERVICES COMPONENTS AND MODULES ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONSTHE ENTIRE RISK AS TO RESULTS AND PERFORMANCE OF THE NETWORK ENABLED SOFTWARE PROGRAM, AND WARRANTIES INCLUDINGCOMPONENTS AND MODULES IS ASSUMED BY LICENSEE. NEITHER ELITE, WITHOUT LIMITATIONNOR AGENTS OF ELITE, NOR THE CREATORS OF THE NETWORK ENABLED SOFTWARE PROGRAM, AND COMPONENTS AND MODULES, WARRANT OR GUARANTEE THE RESULT TO BE OBTAINED WITH THE NETWORK ENABLED SOFTWARE PROGRAM, AND COMPONENTS AND MODULES IN TERMS OF CORRECTNESS, RELIABILITY OR LEGALITY. THE ABOVE IS THE ONLY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, THE MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE LIABILITY OF ELITE OR ANY AGENT OF ELITE OR ANY CREATOR OF THE NETWORK ENABLED SOFTWARE PROGRAM, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGEAND COMPONENTS AND MODULES UNDER THE LIMITED WARRANTY SET FORTH ABOVE SHALL BE LIMITED TO AND NOT EXCEED THE AMOUNT PAID BY LICENSEE FOR THE PROGRAM SOFTWARE MEDIA AND RELATED SOFTWARE AND MATERIALS. IN NO EVENT SHALL ELITE, OR TRADE PRACTICEANY AGENT OF ELITE, ARE HEREBY EXCLUDED OR ANY CREATOR OF THIS NETWORK ENABLED SOFTWARE PROGRAM, AND COMPONENTS AND MODULES, BE LIABLE FOR ANY LOSS OF PROFITS OR ANY OTHER DAMAGES INCLUDING BUT NOT LIMITED TO THE EXTENT ALLOWED BY APPLICABLE LAWSPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS SOME STATES DO NOT ALLOW LIMITATIONS OR EXCLUSIONS OF LIABILITY OF THE THIRD PARTY LICENSE, AND ABOVE LIMITATIONS OR EXCLUSIONS MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT APPLY TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFLICENSEE.

Appears in 2 contracts

Samples: Network License and Monthly Subscription Agreement, Network License and Monthly Subscription Agreement

Limited Warranty. A. If you obtained Software directly from us, we warrant for a period of thirty (30) days from the Purchase Date Spirit Education warrants that (i) the media on which the Software is furnished distributed will be free of defects in materials from defects, and workmanship under normal use; and (ii) that the Software will shall perform substantially conform to as described in its Documentation. This limited warranty extends to you personally and is not transferabledocumentation for a period of sixty (90) days from purchase. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (with respect to the affected Software product), or refund the Software license fee. In in the event of a refundbreach of this warranty will be that Spirit Education will, this Agreement shall terminate with respect at its option, replace any defective media returned to Spirit Education within the affected warranty period or refund the money you paid for the Software. Spirit Education does not warrant that the Software product. B. THIS will meet your requirements or that operation of the Software will be uninterrupted or that the Software will be error-free. THE ABOVE WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHAEXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTSWARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY CHOOSE NOT HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. Disclaimer of Damages: REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SPIRIT EDUCATION BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THIRD PARTY THE SOFTWARE PROVIDED AS AN ACCOMMODATIONEVEN IF SPIRIT EDUCATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO WARRANTY IS MADE REGARDING CASE SHALL SPIRIT EDUCATION LIABILITY EXCEED THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT PURCHASE PRICE FOR THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTSSOFTWARE. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFThe disclaimers and limitations set forth above will apply regardless of whether you accept the Software.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

Limited Warranty. A. If you obtained Software directly from usSubject to the limitations set forth in Section S below, we warrant the manufacturer warrants that Goods sold by the manufacturer as •first choice goods" are manufactured in accordance with the published technical standards, This limited warranty is valid only: (i) for a period of one hundred and eighty (180) days from the date of shipment of the Goods by the manufacturer, or (ii) for the period from the date of shipment of the Goods by the manufacturer until installation or attempted installation of the Goods,whichever is less. This limited warranty applias only to "first choice goods" sold by the manufacturer. ALL GOODS SOLO BY THE MANUFACTURER OTHER THAN •FIRST CHOICE GOODS" ARE SOLD AS IS. THIS IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY THE MANUFACTURER WITH RESPECT TO THE GOODS ANO IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHETHER OR NOT THE PURPOSE OR USE HAS BEEN DISCLOSED TO THE MANUFACTURER, AND WHETHER OR NOT THE MANUFACTURER'S PRODUCTS ARE SPECIFICALLY DESIGNED AND/OR MANUFACTURED BY THE MANUFACTURER ANO/ FOR BUYER'S (OR ANY SUBSEQUENT TRANSFEREE'S, AS DEFINED BELOW) USE OR PURPOSE. OTHER THAN REPRESENTATIONS OR WARRANTIES MADE BY THE MANUFACTURER IN THEIR RESPECTIVE LITERATURE AND/OR PACKAGING, NO REPRESENATION OR WARRANTY OF ANY KIND REGARDING THE GOODS MADE BY ANY PERSON OR ENTITY INCLUDING, BUT NOT LIMITED TO, INDEPENDENT DISTRIBUTORS AND SALES REPRESENATIVES, SHALL BE BINDING UPON THE MANUFACTURER. IF YOU ARE A CONSUMER, AND SHOULD ANY APPLICABLE LAW PROHIBIT THE DISCLAIMER OF IMPLIED WARRANTIES SET FORTH ABOVE, THEN ANY IMPLIED WARRANTIES FOUND TO EXIST WILL BE STRICLTY LIMITED TO THE DURATION OF THE LIMITED WARRANTY SET FORTH ABOVE. Notwithstanding the foregoing, this limited warranty does not extend to any losses or damages due to misuse, accident, iil!xxxx, neglect, normal wear and tear, negligence (other than the manufacturer's), c,nauthorized modification or alteration, c,se beyond rate capacity, improper installation, maintenance or application. To the extent that Buyer or its agents have supplied specifications, information, representation of operating conditions or other data to the manufacturer in the selection or design of the Goods and the preparation of the manufacturer's quotation. and in the ewnt that actual operating conditions or other conditions differ from those represented by Buyer, any warranties or other provisions contained herein which are affected by such conditions shall be null and void. Buyers must notify the manufacturer of any defects in the Goods in writing, via ,ertified mail within thirty (30) days from of Buyer's receipt of the Purchase Date that (i) Goods, Upon receiving Buyer's notice of defect, the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will bemanufacturer shall, at our its option, to repair repair, correct or replace repliil!ce the Goods EX WORKS (with respect to which shall have the affected Software productsame meaning as in the lncoterms 2000 published by the International Chamber of Commerce), or refund the Software license feepurchase price for that portion of the Goods found by the manufacturer to be defective. In Failure by Buyer to give such written notice within the applicable time period shall be deemed an absolute and unconditional waiver of Buyer's claim for such defects, Goods repaired or replaced during the warranty period shall be covered by the foregoing warranty for the remainder of the original warranty period or ninety (90) days from the date of shipment, whichever is longer. Notwithstanding the provisions contained in the preceding sentences of this paragraph, Buyer shall be deemed to have iil!ccepted the Goods and absolutely and unconditionally waiwd its rights to claim for any defects: (i) upon installation or attempted installation of the Goods, or {ii) if the Goods are otherwise used or altered in any way. Buyer assumes iil!II other responsibility for any loss, damage, or injury to persons or property arising out of, connected with, or resulting from the use of Goods, either iil!lone or in combination with other products/components, This Section 4 also applies in the event that any entity or person (other than Buyer) buys, acquires or uses the Goods, including, but not limited to, any entity or person who obtains the Goods from Buyer (any of them a refund"Subsequent Transferee1. Buyer hereby covenants and agrees to provide such Subsequent Transferee with conspicuous written notice of the provisions set forth in Sections 4 and S of these Terms and Conditions of Siil!le, by providing each such Subsequent Transferee with iii! copy of the notice attached hereto as Exhibit "A". Buyer,furthermore. covenants and agrees that it shall not make any representation or warranty whatsoever regarding the Goods to any third piil!rty (either on behalf of the manufacturer or on it:$ own account), other than the limited warranty of the manufacturer set forth in this Agreement shall terminate with respect to the affected Software product. B. Section 4. BUYER HEREBY COVENANTS AND AGREES THAT, SHOULD IT FAIL TO COMPLY WITH THE PROVISIONS OF THIS WARRANTY DOES NOT APPLY TO LAST PARAGRAPH OF SECTION 4, BUYER SHALL DEFEND, INDEMNIFY. AND HOLD THE MANUFACTURER AND/, ITS OFFICERS, EMPLOYEES, AND AGENTS HARMLESS FROMANDAGAINST ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHAAN DALL LIABILITY, BETALOSS, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY USEXPENSE {INCLUDING REASONABLE ATTORNEYS' FEES); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED CLAIMS FOR INJURY OR DAMAGES (INCLUDING, BUT NOT LIMITED TO GENERAL. CONSEQUENTIAL, INCIDENTAL AND PUNATIVE DAMAGES) ARISING OUT OF OR IN ACCORDANCE CONNECTION WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL BUYER'S OR ELECTRICAL STRESSBUYER'S EMPLOYEES', MISUSEAGENTS', NEGLIGENCE, REPRESENTATIVES' ANO/OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A INDEPENDENT CONTRACTORS' BREACH OF THE FOREGOING ON A T&M THESE TERMS AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS CONDITIONS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARESALE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALF.

Appears in 2 contracts

Samples: Terms and Conditions of Sale, Terms and Conditions of Sale

Limited Warranty. A. If you obtained Software directly from us, we warrant for a period of thirty (30) days from 8.1 Smart MLS warrants to Firm that it owns or otherwise has rights in the Purchase Date that (i) MLS Data and has the media on which right to license the Software is furnished will be free of defects MLS Data as described in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (with respect to the affected Software product), or refund the Software license fee. In the event of a refund, this Agreement shall terminate with respect to the affected Software productAgreement. B. THIS 8.2 SMART MLS MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE ABILITY TO ACCESS OR INTEGRATE BE DATA. 8.3 THE WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) SET FORTH IN SECTION 8.1 IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENTSMART MLS. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE SMART MLS MAKES NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTYANY CONSULTANT. SMART MLS EXPRESSLY DISCLAIMS, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". FIRM HEREBY EXPRESSLY WAIVES, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY OF THE MLS DATA, INFORMATIONAL CONTENT OF THE MLS DATA OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGEPARTICIPANT DATA, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS FITNESS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTSDATA FOR FIRM’S PURPOSE OR SYSTEM INTEGRATION. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. THERE IS NO WARRANTY IS MADE REGARDING AGAINST INTERFERENCE WITH ENJOYMENT OF THE RESULTS MLS DATA, OR AGAINST INFRINGEMENT OF PROPRIETARY RIGHTS OF ANOTHER. SMART MLS DOES NOT WARRANT AND SPECIFICALLY DISCLAIMS ANY PRODUCTS REPRESENTATIONS THAT ACCESS TO MLS DATA AND/OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS ITS USE WILL BE CORRECTEDUNINTERRUPTED OR ERROR-FREE, OR THAT ACCESS PROBLEMS, IF ANY, WILL BE CORRECTED BY IT OR BE CORRECTABLE. FIRM SHALL BE SOLELY RESPONSIBLE FOR THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. SELECTION, USE, EFFICIENCY AND SUITABILITY OF ANY CONSULTANT AND SMART MLS SHALL HAVE NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFLIABILITY THEREFOR.

Appears in 2 contracts

Samples: Data Access Agreement, Data Access Agreement

Limited Warranty. A. If you obtained Software directly from us, we warrant for a period of thirty (30) days from the Purchase Date VMware warrants that (i) the media physical media, if any, on which the Software is furnished delivered will be free of defects in materials and workmanship under normal useworkmanship; and (ii) that the Software will substantially conform to its Documentationthe functional description set forth in the standard Documentation accompanying the Software for a period of 90 days after the date of delivery of the Software License Key to You (“Warranty Period”). This limited warranty extends to you personally If the physical media is defective and is not transferable. Your sole and returned to VMware within the Warranty Period, your exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, be VMware’s option to repair or replace (with respect the defective physical media.. To return the defective physical media, send an email to xxxxx@xxxxxx.xxx to request a return authorization number. If during the Warranty Period the Software does not substantially conform to the affected functional description set forth in the Documentation, your exclusive remedy will be that VMware shall, at its sole option, correct the defects in the Software product), or refund the license fees You paid, if any, for the Software license fee. In provided that (i) the event of a refundSoftware has been properly installed and used at all times and in accordance with the Documentation; (ii) no modification, this Agreement shall terminate with respect deletion or addition has been made to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH by persons other than VMware or its authorized representative; and (Iiii) IS LICENSED VMware receives written notice of the non-conformity within the Warranty Period. EXCEPT FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS PRECEDING EXPRESS LIMITED WARRANTY, TO THE PRODUCTS MAXIMUM EXTENT MANDATED BY LAW, VMWARE AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR IMPLIED CONDITIONS, REPRESENTATIONSIN ANY OTHER PROVISION OF THIS XXXX OR COMMUNICATION WITH YOU, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, VMWARE AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFNON-INFRINGEMENT.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

Limited Warranty. A. If you obtained Software directly from usTHE SOLUTION, we warrant for a period of thirty TOGETHER WITH ALL THIRD-PARTY PRODUCTS AND OPEN SOURCE SOFTWARE PROVIDED BY DELL, IS PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, DELL (30) days from the Purchase Date that (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will beINCLUDING ITS AFFILIATES, at our optionCONTRACTORS, to repair or replace (with respect to the affected Software productAND AGENTS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AND OFFICERS), or refund the Software license fee. In the event of a refundON BEHALF OF ITSELF AND ITS LICENSORS, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH CLOUD PARTNERS AND SUPPLIERS (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE COLLECTIVELY AND TOGETHER WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTORDELL, THE TERMS OF ANY “DELL PARTIES”), MAKES NO EXPRESS OR IMPLIED WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS THE SOLUTION OR ANY OF THE SOFTWARE OR SERVICES INCLUDED THEREIN, INCLUDING BUT NOT LIMITED TO ANY WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION : (1) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTSUITABILITY OR NON-INFRINGEMENT; (2) RELATING TO THE PERFORMANCE OF SOFTWARE (INCLUDING WHETHER THE SOFTWARE IS OR WILL BE SECURE, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALINGACCURATE, USAGECOMPLETE, WITHOUT ERROR, OR TRADE PRACTICEFREE OF VIRUSES, ARE HEREBY EXCLUDED TO WORMS OR OTHER HARMFUL COMPONENTS OR PROGRAM LIMITATIONS, OR THAT ANY ERRORS IN THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY WILL BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS CORRECTED ) OR OUR PERFORMANCE OF THE THIRD PARTY LICENSESERVICES (INCLUDING WHETHER THE SERVICES ARE OR WILL BE UNINTERRUPTED, AND MAY ONLY TIMELY OR WITHOUT ERROR) OR THE SECURITY OF THE SOLUTION OR WHETHER THE SOLUTION IS SUITABLE FOR HIGH-RISK ACTIVITIES; (3) REGARDING THE RESULTS TO BE USED WITH OBTAINED FROM THE PRODUCTS. SOLUTION (INCLUDING THE ACCURACY, QUALITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS OR EFFECTIVENESS OF ANY REPORTS, DATA, RESULTS OR OTHER INFORMATION OBTAINED OR GENERATED BY YOU MAY CHOOSE NOT RELATED TO YOUR USE THIRD PARTY OF THE SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING ) OR THE RESULTS OF ANY PRODUCTS RECOMMENDATION BY US; OR SERVICES; (4) ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. ANY WARRANTY ON A THIRD-PARTY PRODUCT IS PROVIDED BY THE PUBLISHER, PROVIDER OR ORIGINAL MANUFACTURER, WHETHER OR NOT SUCH THIRD-PARTY PRODUCT IS DESIGNATED BY US AS “CERTIFIED,” “APPROVED” OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN THE EVENT WE ARE PROVIDING THE SOLUTION IN CONNECTION WITH A TRIAL, THE SOLUTION IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES. WITH RESPECT TO YOUR OR END USER’S USE OF THE SOFTWARE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF PROBLEMS CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, UNLESS SUCH PROBLEMS OR VIRUSES ARE THE DIRECT RESULT OF OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. YOU AGREE THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORSOPERATION AND AVAILABILITY OF THE SYSTEMS USED FOR ACCESSING AND INTERACTING WITH THE SOLUTIONS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTEDINCLUDING TELEPHONE, COMPUTER NETWORKS AND THE INTERNET, OR THAT FOR TRANSMITTING INFORMATION CAN BE UNPREDICTABLE AND MAY, FROM TIME TO TIME, INTERFERE WITH OR PREVENT ACCESS TO OR USE OR OPERATION OF THE PRODUCT FUNCTIONALITY SOLUTIONS. WE WILL NOT BE LIABLE FOR ANY SUCH INTERFERENCE WITH OR SERVICES WILL MEET PREVENTION OF YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED END USER’S ACCESS TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS USE OF THE SOLUTIONS OR THE IMPACT SUCH INTERFERENCE OR PREVENTION MAY HAVE ON OUR ABILITY TO THIS WARRANTY ON TIBCO'S BEHALFPERFORM THE SOLUTIONS.

Appears in 2 contracts

Samples: Cloud Solutions Agreement, Cloud Solutions Agreement

Limited Warranty. A. If you obtained Software directly from us, we warrant for a period of thirty (30) days from the Purchase Date that (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (with respect to the affected Software product), or refund the Software license fee. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTYSPECIFICALLY PROVIDED HEREIN, THE PRODUCTS AND SERVICES THERE ARE PROVIDED "AS IS". ALL NO WARRANTIES, EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. NOTWITHSTANDING THE ABOVE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM SERVICE PROVIDER SHALL PROVIDE A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED LIMITED WARRANTY RELATED TO THE EXTENT ALLOWED BY APPLICABLE LAWREPAIR SERVICE SPECIFIED IN THE REPAIR/SERVICE SUBMISSION FORM. CERTAIN THIRD PARTY SOFTWARE THIS LIMITED WARRANTY APPLIES ONLY TO THE SERVICE; THERE IS NO WARRANTY EXPRESS OR IMPLIED FOR ANY PART(S)/PRODUCT(S) WHICH MAY BE PROVIDED USED IN THE SERVICE. SUCH LIMITED WARRANTY SHALL BEGIN ON THE DAY THE ITEM IS RETURNED TO CUSTOMER ALONG CLIENT AND AUTOMATICALLY EXPIRE THIRTY FIVE (35) DAYS THEREAFTER. CLIENT ACKNOWLEDGES THAT THIS LIMITED WARRANTY SHALL APPLY ONLY TO THE ORIGINAL SERVICES REQUESTED BY CLIENT AND NOT TO ANY OTHER PROBLEMS WITH CERTAIN PRODUCTS AS AN ACCOMMODATION THE ITEM. THE SOLE LIABILITY OF SERVICE PROVIDER UNDER THIS SECTION 10 SHALL BE TO CUSTOMERCORRECT ANY ERRORS CAUSED SOLELY AND DIRECTLY BY SERVICE PROVIDER, OR, IN SERVICE PROVIDER’S SOLE DISCRETION, PROVIDE A REFUND TO CLIENT. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO LIMITED WARRANTY IS MADE REGARDING FOR THE RESULTS BENEFIT OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE CLIENT ONLY AND IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFNONTRANSFERABLE.

Appears in 2 contracts

Samples: Client Service Agreement, Client Service Agreement

Limited Warranty. A. If you obtained Software directly from usTHE SOLUTION, we warrant for a period of thirty TOGETHER WITH ALL THIRD-PARTY PRODUCTS AND OPEN SOURCE SOFTWARE PROVIDED BY DELL, IS PROVIDED “AS IS.” DELL (30) days from the Purchase Date that (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will beINCLUDING ITS AFFILIATES, at our optionCONTRACTORS, to repair or replace (with respect to the affected Software productAND AGENTS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AND OFFICERS), or refund the Software license fee. In the event of a refundON BEHALF OF ITSELF AND ITS LICENSORS, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH CLOUD PARTNERS AND SUPPLIERS (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE COLLECTIVELY AND TOGETHER WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTORDELL, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE “DELL PARTIES”), MAKES NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION WITH RESPECT TO THE SOLUTION OR ANY OF THE SOFTWARE OR SERVICES INCLUDED THEREIN, INCLUDING BUT NOT LIMITED TO ANY WARRANTY (1) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTSUITABILITY OR NON-INFRINGEMENT; (2) RELATING TO THE PERFORMANCE OF SOFTWARE (INCLUDING WHETHER THE SOFTWARE IS OR WILL BE SECURE, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALINGACCURATE, USAGECOMPLETE, WITHOUT ERROR, OR TRADE PRACTICEFREE OF VIRUSES, ARE HEREBY EXCLUDED TO WORMS OR OTHER HARMFUL COMPONENTS OR PROGRAM LIMITATIONS, OR THAT ANY ERRORS IN THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY WILL BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS CORRECTED ) OR OUR PERFORMANCE OF THE THIRD PARTY LICENSESERVICES (INCLUDING WHETHER THE SERVICES ARE OR WILL BE UNINTERRUPTED, AND MAY ONLY TIMELY OR WITHOUT ERROR) OR THE SECURITY OF THE SOLUTION OR WHETHER THE SOLUTION IS SUITABLE FOR HIGH-RISK ACTIVITIES; (3) REGARDING THE RESULTS TO BE USED WITH OBTAINED FROM THE PRODUCTS. SOLUTION (INCLUDING THE ACCURACY, QUALITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS OR EFFECTIVENESS OF ANY REPORTS, DATA, RESULTS OR OTHER INFORMATION OBTAINED OR GENERATED BY YOU MAY CHOOSE NOT RELATED TO YOUR USE THIRD PARTY OF THE SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING ) OR THE RESULTS OF ANY PRODUCTS RECOMMENDATION BY US; OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS (4) ARISING OUT OF ANY COURSE OF DEALING OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTSTRADE USAGE. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALF.A THIRD-PARTY PRODUCT IS PROVIDED BY THE PUBLISHER, PROVIDER OR ORIGINAL MANUFACTURER, WHETHER OR NOT SUCH THIRD-PARTY PRODUCT IS DESIGNATED BY US AS “CERTIFIED,” “APPROVED” OR OTHERWISE. IN THE EVENT WE ARE PROVIDING THE SOLUTION IN CONNECTION WITH A TRIAL, THE SOLUTION IS PROVIDED “AS IS” AND “

Appears in 2 contracts

Samples: Dell Cloud Solutions Agreement, Dell Cloud Solutions Agreement

Limited Warranty. A. If you obtained Software directly from us, we warrant for a period of thirty (30) days from the Purchase Date that (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (with respect to the affected Software product), or refund the Software license fee. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTORKIND, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EITHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, IMPLIED. CCH SFSCCH SFS DISCLAIMS AND EXCLUDES ANY AND ALL OTHER WARRANTIES INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED WARRANTY WARRANTIES OF TITLE, MERCHANTABILITY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A IRRESPECTIVE OF ANY COURSE OF DEALINGDEALING OR PERFORMANCE, USAGE, CUSTOM OR TRADE PRACTICE, ARE HEREBY EXCLUDED USAGE OF TRADE. END USER BEARS THE ENTIRE RISK AS TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS QUALITY AND PERFORMANCE OF THE THIRD PARTY LICENSESOFTWARE. CCH SFSCCH SFS DOES NOT WARRANT THAT USE OR OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, AND MAY ONLY THAT THEIR USE OR OPERATION WILL BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS ERROR OR SERVICES; DEFECT FREE, THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS ALL APPLICATION DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY SOFTWARE WILL PROPERLY OPERATE ON ANY SPECIFIC OPERATING SYSTEM OR SERVICES COMPUTER HARDWARE OR CONFIGURATIONS OR BEFORE/AFTER ANY SPECIFIC DATE OR TIME PERIOD. END USER WILL MEET YOUR REQUIREMENTSBE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SOFTWARE AND CCH SFSCCH SFS WILL HAVE NO LIABILITY THEREFORE. NO TIBCO DEALER, DISTRIBUTOR, EMPLOYEE OR AGENT OF CCH SFSCCH SFS OR EMPLOYEE ANY OF ITS AFFILIATES IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS STATEMENT THAT ADDS TO OR ADDITIONS TO AMENDS ANY OF THE WARRANTIES OR LIMITATIONS CONTAINED IN THIS WARRANTY ON TIBCO'S BEHALFAGREEMENT.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

Limited Warranty. A. If you obtained Software directly from us, we warrant (a) Licensor warrants for a period of thirty (30) days from the Purchase Date after shipment that (i) any recording media by which a Licensed Program is furnished is free of manufacturing defects and damage provided that the media on which the Software is furnished has been properly installed by Licensee. Licensor does not warrant that any Licensed Program will meet Licensee’s requirements nor will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentationerror free. This limited warranty extends to you personally and is not transferable. Your As Licensee’s sole and exclusive remedy for breach of the warranty herein, Licensor will provide a suitable replacement media containing the Licensed Program. (b) EXCEPT AS PROVIDED ABOVE, NEITHER THE UNITED STATES, NOR THE UNITED STATES DEPARTMENT OF ENERGY, NOR THE UCHICAGO ARGONNE, LLC, NOR ARGONNE NATIONAL LABORATORY, NOR ANY OF THEIR EMPLOYEES, MAKES ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OR ASSUMES ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED FOR ANY PURPOSE (WHETHER OR NOT KNOWN, OR HAVING REASON TO KNOW, HAVING BEEN ADVISED, OR OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE) OR THAT ITS USE WOULD NOT INFRINGE PRIVATELY OWNED RIGHTS. IN ADDITION, SAID PARTIES EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION TO ANY PERSON OTHER THAN LICENSEE WITH RESPECT TO THE LICENSED PROGRAM, OR ANY PORTION THEREOF. (c) IN NO EVENT WILL SAID PARTIES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES RESULTING FROM EXERCISE OF THIS AGREEMENT OR LICENSEE’S USE OF THE LICENSED PROGRAM. THE PARTIES ACKNOWLEDGE THAT THE LICENSE FEE REFLECTS AN AGREED ALLOCATION OF RISK BETWEEN THE PARTIES AND THE LIMITATION OF LIABILITY SPECIFIED HEREIN. (d) Licensor is unaware of any third party intellectual property rights that the Licensed Program will infringe. Licensee’s sole and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (exclusive remedy with respect to allegations or proof of infringement of third party intellectual property rights by the affected Software product)Licensed Program and/or its use by Licensee, regardless of any alleged negligent misrepresentation or refund the Software license fee. In the event any other alleged breach of a refund, this Agreement shall terminate with respect by Licensor, to the affected Software productexclusion of all other remedies therefore will be for Licensor to refund to Licensee an amount equal to the License Fee. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALF.

Appears in 2 contracts

Samples: Software License Agreement, Software License Agreement

Limited Warranty. A. If you obtained Software directly from usTHE SOLUTION, we warrant for a period of thirty TOGETHER WITH ALL THIRD-PARTY PRODUCTS AND OPEN SOURCE SOFTWARE PROVIDED BY DELL, IS PROVIDED “AS IS.” DELL (30) days from the Purchase Date that (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will beINCLUDING ITS AFFILIATES, at our optionCONTRACTORS, to repair or replace (with respect to the affected Software productAND AGENTS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AND OFFICERS), or refund the Software license fee. In the event of a refundON BEHALF OF ITSELF AND ITS LICENSORS, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH CLOUD PARTNERS AND SUPPLIERS (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE COLLECTIVELY AND TOGETHER WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTORDELL, THE TERMS OF ANY “DELL PARTIES”), MAKES NO EXPRESS OR IMPLIED WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS THE SOLUTION OR ANY OF THE SOFTWARE OR SERVICES INCLUDED THEREIN, INCLUDING BUT NOT LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, TO ANY IMPLIED WARRANTY OR CONDITION (1) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTSUITABILITY OR NON-INFRINGEMENT; (2) RELATING TO THE PERFORMANCE OF SOFTWARE (INCLUDING WHETHER THE SOFTWARE IS OR WILL BE SECURE, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALINGACCURATE, USAGECOMPLETE, WITHOUT ERROR, OR TRADE PRACTICEFREE OF VIRUSES, ARE HEREBY EXCLUDED TO WORMS OR OTHER HARMFUL COMPONENTS OR PROGRAM LIMITATIONS, OR THAT ANY ERRORS IN THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY WILL BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS CORRECTED ) OR OUR PERFORMANCE OF THE THIRD PARTY LICENSESERVICES (INCLUDING WHETHER THE SERVICES ARE OR WILL BE UNINTERRUPTED, AND MAY ONLY TIMELY OR WITHOUT ERROR) OR THE SECURITY OF THE SOLUTION OR WHETHER THE SOLUTION IS SUITABLE FOR HIGH-RISK ACTIVITIES; (3) REGARDING THE RESULTS TO BE USED WITH OBTAINED FROM THE PRODUCTS. SOLUTION (INCLUDING THE ACCURACY, QUALITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS OR EFFECTIVENESS OF ANY REPORTS, DATA, RESULTS OR OTHER INFORMATION OBTAINED OR GENERATED BY YOU MAY CHOOSE NOT RELATED TO YOUR USE THIRD PARTY OF THE SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING ) OR THE RESULTS OF ANY PRODUCTS RECOMMENDATION BY US; OR SERVICES; (4) ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. ANY WARRANTY ON A THIRD-PARTY PRODUCT IS PROVIDED BY THE PUBLISHER, PROVIDER OR ORIGINAL MANUFACTURER, WHETHER OR NOT SUCH THIRD-PARTY PRODUCT IS DESIGNATED BY US AS “CERTIFIED,” “APPROVED” OR OTHERWISE. IN THE EVENT WE ARE PROVIDING THE SOLUTION IN CONNECTION WITH A TRIAL, THE SOLUTION IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES. WITH RESPECT TO YOUR OR END USER’S USE OF THE SOFTWARE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF PROBLEMS CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, UNLESS SUCH PROBLEMS OR VIRUSES ARE THE DIRECT RESULT OF OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. YOU AGREE THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORSOPERATION AND AVAILABILITY OF THE SYSTEMS USED FOR ACCESSING AND INTERACTING WITH THE SOLUTIONS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTEDINCLUDING TELEPHONE, COMPUTER NETWORKS AND THE INTERNET, OR THAT FOR TRANSMITTING INFORMATION CAN BE UNPREDICTABLE AND MAY, FROM TIME TO TIME, INTERFERE WITH OR PREVENT ACCESS TO OR USE OR OPERATION OF THE PRODUCT FUNCTIONALITY SOLUTIONS. WE WILL NOT BE LIABLE FOR ANY SUCH INTERFERENCE WITH OR SERVICES WILL MEET PREVENTION OF YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED END USER’S ACCESS TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS USE OF THE SOLUTIONS OR THE IMPACT SUCH INTERFERENCE OR PREVENTION MAY HAVE ON OUR ABILITY TO THIS WARRANTY ON TIBCO'S BEHALFPERFORM THE SOLUTIONS.

Appears in 2 contracts

Samples: Cloud Solutions Agreement, Cloud Solutions Agreement

Limited Warranty. A. If you obtained Software directly from us, we warrant for For a period of thirty (30) 90 days from after delivery, Ambor warrants that the Purchase Date that (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Font Software will substantially conform perform as outlined in the user documentation in effect at the time of the commencement of this license. Ambor will correct substantial malfunctions occurring during this warranty period provided that such malfunctions are reproducible, your product is properly registered, and you give immediate notice and sufficient detail of such malfunctions to its DocumentationAmbor. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and Such corrections generally will be incorporated into new revisions of the entire liability Font Software, or until the release of TIBCO and its licensors under this limited warranty will besuch new revisions into temporary versions, at our option, to repair or replace (with respect to Ambor’s discretion. The correction may also be achieved by delivery of new versions of the affected Font Software product), or refund in which case the Software license feewarranty does not cover such additional functionality and performance. In Ambor will have no responsibility in the event of a refundyou fail to provide proof you licensed the Font Software from an authorized Ambor source. Disclaimer; No Refunds. EXCEPT AS EXPRESSLY PROVIDED IN THE FOREGOING PARAGRAPH, this Agreement shall terminate with respect to the affected Software productTHE FONT SOFTWARE IS PROVIDED “AS IS. B. THIS WARRANTY ” XXXXX DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. EXCEPT FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL FOR ANY WARRANTY WHICH MAY NOT BE LIMITED OR EXCLUDED BY LAW APPLICABLE IN YOUR JURISDICTION, AMBOR MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONSWHETHER BY STATUTE, AND WARRANTIES COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO OTHER MATTERS, INCLUDING WITHOUT LIMITATION, NON INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Damages Limitations. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL AMBOR BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY IMPLIED WARRANTY OTHER COMMERCIAL DAMAGES OR CONDITION LOSSES, ARISING OUT OF MERCHANTABILITYOR RELATED TO YOUR USE OR INABILITY TO USE THE FONT SOFTWARE, FITNESS HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF AMBOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGEPERSONAL INJURY, OR TRADE PRACTICEOF INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALF.SO THIS

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

Limited Warranty. A. If you obtained Software directly from us(a) Seller warrants to Buyer that it shall perform the Services using personnel of required skill, we warrant experience and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services. (b) EXCEPT FOR THE WARRANTIES SET FORTH IN SECTION 13(a), SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS OR SERVICES, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; OR (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (c) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. (c) Products manufactured by a third party ("Third Party Product") may constitute, contain, be contained in, incorporated into, attached to or packaged together with, the Goods. Third Party Products are not covered by the warranty in Section 13(a). For the avoidance of doubt, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCT, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. (d) The Seller shall not be liable for a period breach of thirty (30the warranties set forth in Section 13(a) days from the Purchase Date that unless: (i) Buyer gives written notice of the media on which defective Services, as the Software is furnished will be free case may be, reasonably described, to Seller within 24 hours of defects in materials and workmanship under normal usethe time when Xxxxx discovers or ought to have discovered the defect; and (ii) Seller reasonably verifies Buyer's claim that the Software will substantially conform Services are defective. (e) Subject to its Documentation. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will beSection 13(d) above, at our option, to repair or replace (with respect to any Services subject to a claim under the affected Software productwarranty set forth in Section 13(a), Seller shall, in its sole discretion, (i) repair or re-perform the applicable Services or (ii) credit or refund the Software license fee. In price of such Services at the event of a refund, this Agreement shall terminate with respect to the affected Software productpro rata contract rate. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (If) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED THE REMEDIES SET FORTH IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US SECTION 13 SHALL BE THE BUYER'S SOLE AND EXCLUSIVE REMEDY AND SELLER'S ENTIRE LIABILITY FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARELIMITED WARRANTIES SET FORTH HEREIN. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALF.

Appears in 2 contracts

Samples: Terms and Conditions, Terms and Conditions

Limited Warranty. A. If you obtained Software directly from us, we warrant for a period of thirty (30) days from the Purchase Date that (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (with respect to the affected Software product), or refund the Software license fee. In the event of a refund, this Agreement shall terminate solely with respect to the affected Software product, and you shall immediately cease all use of and return or destroy all copies of such Software. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, MODIFIED (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE SOLELY AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; , THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; , THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S ’S BEHALF.

Appears in 2 contracts

Samples: Software License Agreement, Software License Agreement

Limited Warranty. A. If you obtained Software directly from usTHE LIMITED WARRANTIES FOR DELL-BRANDED PRODUCTS CAN BE FOUND AT xxx.Xxxx.xxx/Xxxxxxxx OR IN THE DOCUMENTATION DELL PROVIDES WITH SUCH PRODUCTS. DELL WARRANTS THAT THE SERVICES WILL BE PROVIDED IN MATERIAL ACCORDANCE WITH THE SERVICE AGREEMENTS. IN THE ABSENCE OF A SERVICE AGREEMENT, we warrant for a period of thirty THE SERVICES WILL BE PROVIDED IN A GOOD AND SKILLFUL MANNER. DELL HAS THE RIGHT TO GRANT THE LICENSES TO THE SOFTWARE LICENSED UNDER THIS AGREEMENT, AND SUCH SOFTWARE WILL SUBSTANTIALLY CONFORM TO THE FUNCTIONAL SPECIFICATIONS AND CURRENT DOCUMENTATION PROVIDED BY DELL. EXCEPT AS EXPRESSLY STATED IN THE PRECEDING SENTENCES OF THIS PARAGRAPH, DELL, (30) days from the Purchase Date that (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will beINCLUDING ITS AFFILIATES, at our optionCONTRACTORS, to repair or replace (with respect to the affected Software productAND AGENTS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AND OFFICERS), or refund the Software license fee. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH ON BEHALF OF ITSELF AND ITS SUPPLIERS (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTORCOLLECTIVELY, THE TERMS OF ANY "DELL PARTIES ") MAKES NO EXPRESS OR IMPLIED WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS THE SOFTWARE OR SERVICES, INCLUDING BUT NOT LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, TO ANY IMPLIED WARRANTY OR CONDITION (1) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTPERFORMANCE, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGESUITABILITY, OR TRADE PRACTICENON-INFRINGEMENT; (2) RELATING TO THIRD-PARTY PRODUCTS, ARE HEREBY EXCLUDED SOFTWARE, OR SERVICES; (3) RELATING TO THE EXTENT ALLOWED PERFORMANCE OF ANY HARDWARE OR SOFTWARE, OR DELL'S PERFORMANCE OF THE SERVICES; OR (4) REGARDING THE RESULTS TO BE OBTAINED FROM THE SOFTWARE, SERVICES, OR THE RESULTS OF ANY RECOMMENDATION BY APPLICABLE LAWDELL. CERTAIN THIRD WARRANTIES DO NOT COVER DAMAGE DUE TO EXTERNAL CAUSES, SUCH AS ACCIDENT, ABUSE, MISUSE, PROBLEMS WITH ELECTRICAL POWER, SERVICE NOT PERFORMED OR AUTHORIZED BY DELL (INCLUDING INSTALLATION OR DE- INSTALLATION), USAGE NOT IN ACCORDANCE WITH PRODUCT OR SOFTWARE INSTRUCTIONS, NORMAL WEAR AND TEAR, OR USE OF PARTS AND COMPONENTS NOT SUPPLIED OR INTENDED FOR USE WITH THE PRODUCTS, SOFTWARE, OR SERVICES. THESE WARRANTIES DO NOT APPLY TO THIRD-PARTY SOFTWARE MAY BE PRODUCTS. ANY WARRANTY ON A THIRD-PARTY PRODUCT IS PROVIDED TO CUSTOMER ALONG WITH CERTAIN BY THE PUBLISHER, PROVIDER, OR ORIGINAL MANUFACTURER. ALL THIRD-PARTY PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS ARE PROVIDED "AS IS", IS SUBJECT ." WITH RESPECT TO THE TERMS YOUR USE OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH SOFTWARE (1) NEITHER DELL NOR ANY OF THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY DELL PARTIES MAKES ANY EXPRESS OR IMPLIED WARRANTY THAT SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY TO YOU IN CONNECTION WITH THIS AGREEMENT IS MADE REGARDING OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS; OR THAT ANY ERRORS IN THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS SOFTWARE WILL BE CORRECTED; (2) YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR THAT CORRECTION OF PROBLEMS CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, UNLESS SUCH ERRORS OR VIRUSES ARE THE PRODUCT FUNCTIONALITY DIRECT RESULT OF DELL'S GROSS NEGLIGENCE OR SERVICES WILL MEET WILLFUL MISCONDUCT; (3) DELL AND THE DELL PARTIES, JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, QUALITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY REPORTS, DATA, RESULTS, OR OTHER INFORMATION OBTAINED OR GENERATED BY YOU RELATED TO YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE USE OF THE SOFTWARE; AND (4) USE OF THE SOFTWARE IS AUTHORIZED ENTIRELY AT YOUR OWN RISK AND NEITHER DELL NOR THE DELL PARTIES SHALL HAVE ANY LIABILITY RELATING TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFSUCH USE.

Appears in 2 contracts

Samples: Channel Partner Agreement, Channel Partner Agreement

Limited Warranty. A. If you obtained Software directly from usTHE SOLUTION, we warrant for a period of thirty TOGETHER WITH ALL THIRD-PARTY PRODUCTS AND OPEN SOURCE SOFTWARE PROVIDED BY DELL, IS PROVIDED “AS IS.” DELL (30) days from the Purchase Date that (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will beINCLUDING ITS AFFILIATES, at our optionCONTRACTORS, to repair or replace (with respect to the affected Software productAND AGENTS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AND OFFICERS), or refund the Software license fee. In the event of a refundON BEHALF OF ITSELF AND ITS LICENSORS, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH CLOUD PARTNERS AND SUPPLIERS (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE COLLECTIVELY AND TOGETHER WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTORDELL, THE TERMS OF ANY “DELL PARTIES”), MAKES NO EXPRESS OR IMPLIED WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS THE SOLUTION OR ANY OF THE SOFTWARE OR SERVICES INCLUDED THEREIN, INCLUDING BUT NOT LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, TO ANY IMPLIED WARRANTY OR CONDITION (1) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTSUITABILITY OR NON-INFRINGEMENT; (2) RELATING TO THE PERFORMANCE OF SOFTWARE (INCLUDING WHETHER THE SOFTWARE IS OR WILL BE SECURE, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALINGACCURATE, USAGECOMPLETE, WITHOUT ERROR, OR TRADE PRACTICEFREE OF VIRUSES, ARE HEREBY EXCLUDED TO WORMS OR OTHER HARMFUL COMPONENTS OR PROGRAM LIMITATIONS, OR THAT ANY ERRORS IN THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY WILL BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS CORRECTED ) OR OUR PERFORMANCE OF THE THIRD PARTY LICENSESERVICES (INCLUDING WHETHER THE SERVICES ARE OR WILL BE UNINTERRUPTED, AND MAY ONLY TIMELY OR WITHOUT ERROR) OR THE SECURITY OF THE SOLUTION OR WHETHER THE SOLUTION IS SUITABLE FOR HIGH-RISK ACTIVITIES; (3) REGARDING THE RESULTS TO BE USED WITH OBTAINED FROM THE PRODUCTS. SOLUTION (INCLUDING THE ACCURACY, QUALITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS OR EFFECTIVENESS OF ANY REPORTS, DATA, RESULTS OR OTHER INFORMATION OBTAINED OR GENERATED BY YOU MAY CHOOSE NOT RELATED TO YOUR USE THIRD PARTY OF THE SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING ) OR THE RESULTS OF ANY PRODUCTS RECOMMENDATION BY US; OR SERVICES; (4) ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. ANY WARRANTY ON A THIRD-PARTY PRODUCT IS PROVIDED BY THE PUBLISHER, PROVIDER OR ORIGINAL MANUFACTURER, WHETHER OR NOT SUCH THIRD-PARTY PRODUCT IS DESIGNATED BY US AS “CERTIFIED,” “APPROVED” OR OTHERWISE. IN THE EVENT WE ARE PROVIDING THE SOLUTION IN CONNECTION WITH A TRIAL, THE SOLUTION IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES. WITH RESPECT TO YOUR OR END USER’S USE OF THE SOFTWARE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF PROBLEMS CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, UNLESS SUCH PROBLEMS OR VIRUSES ARE THE DIRECT RESULT OF OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT . YOU AGREE THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORSOPERATION AND AVAILABILITY OF THE SYSTEMS USED FOR ACCESSING AND INTERACTING WITH THE SOLUTIONS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTEDINCLUDING TELEPHONE, COMPUTER NETWORKS AND THE INTERNET, OR THAT FOR TRANSMITTING INFORMATION CAN BE UNPREDICTABLE AND MAY, FROM TIME TO TIME, INTERFERE WITH OR PREVENT ACCESS TO OR USE OR OPERATION OF THE PRODUCT FUNCTIONALITY SOLUTIONS. WE WILL NOT BE LIABLE FOR ANY SUCH INTERFERENCE WITH OR SERVICES WILL MEET PREVENTION OF YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED END USER’S ACCESS TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS USE OF THE SOLUTIONS OR THE IMPACT SUCH INTERFERENCE OR PREVENTION MAY HAVE ON OUR ABILITY TO THIS WARRANTY ON TIBCO'S BEHALFPERFORM THE SOLUTIONS.

Appears in 2 contracts

Samples: Cloud Solutions Agreement, Cloud Solutions Agreement

Limited Warranty. A. If you obtained Licensor warrants that the Software directly from uswill, we warrant for a period of thirty one (301) days from year following its delivery to you, be in good working order and will conform in all material respects to Licensor's published specifications. Licensor does not warrant that the Purchase Date that (i) the media on which the Software is furnished will be free operation of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair be uninterrupted or replace (with respect to the affected Software product)error-free, or refund that the functionality of the Software license feewill meet your individualized requirements. In The foregoing warranty does not cover repair for damages, malfunctions, or service failures caused by (1) actions of any non-Licensor personnel, your failure to follow Licensor's installation, operation, or maintenance instructions, (3) attachment to or incorporation in the event Software of a refundnon- Licensor products not supported or otherwise authorized by Licensor, this Agreement shall terminate with respect to or (4) or any factor beyond Licensor's control, including fire, explosion, lightning, pest damage, power surges or failures, strikes or labor disputes, water, acts of God, the affected Software product. B. elements, war, terrorism, civil disturbances, acts of civil or military authorities or the public enemy, transportation facilities, fuel or energy shortages, or acts or omissions of communications carriers. EXCEPT FOR THE WARRANTIES SET FORTH IN THIS WARRANTY DOES NOT APPLY TO ANY SECTION 6, THE SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ," AND LICENSOR DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGEACCURACY, OR TRADE PRACTICEINTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE OR OF NON-INFRINGEMENT. YOUR SOLE REMEDY AGAINST LICENSOR, ARE HEREBY EXCLUDED ITS AFFILIATES, SUBCONTRACTORS, AND REPRESENTATIVES FOR LOSS OR DAMAGE CAUSED BY ANY FAILURE OF THE SOFTWARE TO OPERATE IN CONFORMITY WITH THIS WARRANTY, REGARDLESS OF THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL BE (1) THE REPAIR OR REPLACEMENT OF THE SOFTWARE, PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY THAT SUCH SOFTWARE IS RETURNED IN ACCORDANCE WITH THE CONDITIONS PROVIDED "AS IS"HEREIN OR (2) IF SUCH REPAIR CANNOT BE MADE OR AN EQUIVALENT REPLACEMENT CANNOT BE PROVIDED, IS SUBJECT TO THE TERMS REFUND OF AMOUNTS PREVIOUSLY PAID BY YOU BETWEEN DISCOVERY OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED FAILURE OF THE SOFTWARE TO OPERATE IN CONFORMITY WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALF.AND THE RETURN OF THE SOFTWARE AS REQUIRED BY THIS AGREEMENT.‌

Appears in 2 contracts

Samples: Licensing Agreement, Licensing Agreement

Limited Warranty. A. If you obtained Software directly from Enel X will provide the JuiceBox in material conformance with the JuiceBox description published at xxxxx://xxxxxxxxxx.xxxxx.xxx/privacy-policy and in accordance with the warranty terms published at xxxxx://xxxxxxx.xxxxxxxxxxx.xxx/hc/en- us/articles/360000548291-Limited-Warranty-United-States-. Enel X, we warrant for a period of thirty at its sole expense and as your sole remedy, will use commercially reasonable efforts to correct any material non-conformance within sixty (3060) days after Enel X receives written notice from you that includes information sufficient to permit Enel X to diagnose and cure the Purchase Date non- conformance. For warranty service, contact us at xxxxxxx@xxxxxxxxxxx.xxx or by calling us at 000.000.0000. You acknowledge and agree that the JuiceBox, the JuiceNet Software, and the JuiceNet Dashboard are complex with a variety of dependencies, and as such, Enel X cannot guarantee that they will be provided without error or interruption. Enel X’s warranty obligations are expressly subject to: (ia) the media on which JuiceBox, JuiceNet Software and JuiceNet Dashboard being used in accordance with this Agreement, the Software is furnished will be free of defects in materials applicable product and workmanship under normal useservice descriptions, and any other instructions provided by Enel X; and (iib) the Software will substantially conform you providing written notice to its DocumentationEnel X of any alleged breach of warranty promptly after you become aware of it. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will beOTHER THAN AS EXPRESSLY SET FORTH IN THIS SECTION 7, at our optionJUICEBOX, to repair or replace (with respect to the affected Software product)JUICENET SOFTWARE AND JUICENET DASHBOARD ARE PROVIDED “AS IS” AND AS AVAILABLE, or refund the Software license fee. In the event of a refundAND ENEL X AND ITS SUPPLIERS AND LICENSORS MAKES NO AND HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHAWRITTEN OR ORAL, BETAEXPRESS, EVALUATIONIMPLIED OR STATUTORY, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTYJUICEBOX, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS JUICENET SOFTWARE OR IMPLIED CONDITIONSJUICENET DASHBOARD, REPRESENTATIONS, AND WARRANTIES INCLUDING, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A THE COURSE OF DEALING, USAGEDEALING BETWEEN THE PARTIES OR USAGE OF TRADE, OR TRADE PRACTICEANY WARRANTY OF NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, ARE HEREBY EXCLUDED IN EACH CASE, TO THE FULLEST EXTENT ALLOWED PERMITTED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALF.

Appears in 2 contracts

Samples: Residential Smart Charging Participation Agreement, Residential Smart Charging Participation Agreement

Limited Warranty. A. If you obtained With respect to the media on which the Software directly Program and Components and Modules are transmitted to LICENSEE (the “Software Media”), and the physical documentation, ELITE warrants these items will be free from usdefects in materials and workmanship, we warrant assuming normal use, for a period of thirty (30) days from the Purchase Date that (i) the media on which date LICENSEE first subscribes to this license to use the Software is furnished will Program. ELITE warrants the SCSD to be free from defects assuming normal use, for as long as LICENSEE subscribes to this license to use the Software Program. In the event of notification within the warranty period of defects in materials and workmanship under normal use; workmanship, the defective Software Media or documentation will be replaced free of charge, and (ii) the SCSD will be repaired as set forth in Paragraph 14, hereof, so long as LICENSEE mails, freight pre-paid by LICENSEE, the defective material to ELITE along with a copy of the invoice clearly displaying the date LICENSEE first subscribed to this license to use the Software will substantially conform Program. The sole remedy for breach of this warranty is limited to its Documentation. This limited warranty extends to you personally replacement of the Software Media and is not transferable. Your sole and exclusive remedy documentation, and the entire liability repair of TIBCO and its licensors under this limited the SCSD. The SCSD warranty will beis more particularly set forth in Paragraph 14, at our option, to repair or replace (with respect to the affected Software product), or refund the Software license feehereof. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED EXCEPT FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED ABOVE WARRANTY, THE PRODUCTS THIS SOFTWARE PROGRAM, AND SERVICES COMPONENTS AND MODULES ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONSTHE ENTIRE RISK AS TO RESULTS AND PERFORMANCE OF THE SOFTWARE PROGRAM, AND WARRANTIES INCLUDINGCOMPONENTS AND MODULES IS ASSUMED BY LICENSEE. NEITHER ELITE, WITHOUT LIMITATIONNOR AGENTS OF ELITE, NOR THE CREATORS OF THE SOFTWARE PROGRAM, AND COMPONENTS AND MODULES, WARRANT OR GUARANTEE THE RESULT TO BE OBTAINED WITH THE SOFTWARE PROGRAM, AND COMPONENTS AND MODULES IN TERMS OF CORRECTNESS, RELIABILITY OR LEGALITY. THE ABOVE IS THE ONLY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, THE MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE LIABILITY OF ELITE OR ANY AGENT OF ELITE OR ANY CREATOR OF THIS SOFTWARE PROGRAM, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGEAND COMPONENTS AND MODULES UNDER THE LIMITED WARRANTY SET FORTH ABOVE SHALL BE LIMITED TO AND NOT EXCEED THE AMOUNT PAID BY LICENSEE FOR THE PROGRAM SOFTWARE MEDIA AND RELATED SOFTWARE AND MATERIALS. IN NO EVENT SHALL ELITE, OR TRADE PRACTICEANY AGENT OF ELITE, ARE HEREBY EXCLUDED OR ANY CREATOR OF THIS SOFTWARE PROGRAM, AND COMPONENTS AND MODULES, BE LIABLE FOR ANY LOSS OF PROFITS OR ANY OTHER DAMAGES INCLUDING BUT NOT LIMITED TO THE EXTENT ALLOWED BY APPLICABLE LAWSPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS SOME STATES DO NOT ALLOW LIMITATIONS OR EXCLUSIONS OF LIABILITY OF THE THIRD PARTY LICENSE, AND ABOVE LIMITATIONS OR EXCLUSIONS MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT APPLY TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFLICENSEE.

Appears in 2 contracts

Samples: License and Monthly Subscription Agreement, License and Monthly Subscription Agreement

Limited Warranty. A. If We warrant to you obtained Software directly from us, we warrant for a period of thirty (30) days from the Purchase Date that (i) the media Licensed Software will perform substantially in accordance with the then-current documentation for the Licensed Software (which may be made available to you at xxxx.xx.xxx) for a period of ninety (90) days from the date you are granted access to the Licensed Software pursuant to this Agreement (“Warranty Period”); (ii) we will use commercially reasonable steps to verify, using then current versions of industry standard anti-virus software, that the Licensed Software and any Release or Version thereof does not contain any Malicious Code on which the Software is furnished will be free of defects in materials and workmanship under normal usedelivery to you; and (iiiii) the Licensed Software will substantially conform to its Documentationdoes not contain any Copyleft Materials. This limited warranty extends to you personally and is not transferableWE DO NOT WARRANT AND WE DISCLAIM ANY IMPLIED WARRANTY THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE ERROR FREE OR UNINTERRUPTED OR THAT THE LICENSED SOFTWARE WILL ACHIEVE ANY INTENDED RESULT OR THAT IT WILL BE COMPATIBLE, WORK WITH OR CONTINUE TO WORK WITH THIRD PARTY SOFTWARE OR HARDWARE OTHER THAN AS SET OUT IN THE DOCUMENTATION. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (with respect to the affected Software product), or refund the Software license feeWE ARE NOT RESPONSIBLE FOR ANY ANTI-VIRUS SOFTWARE OR VIRUS DETECTION ON YOUR SYSTEMS. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY YOU ACCEPT RESPONSIBILITY FOR THE SELECTION OF THE LICENSED SOFTWARE WHICH (I) IS AND ACKNOWLEDGE THAT THE LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) SOFTWARE HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED DEVELOPED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENTMEET YOUR INDIVIDUAL REQUIREMENTS. YOU AGREE TO PAY US WILL BE SOLELY RESPONSIBLE FOR ANY MAINTENANCE ACTIONS YOU TAKE OR CONSULTING SERVICES PROVIDED BY US RELATED OMIT TO A BREACH TAKE BASED ON YOUR USE OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE LICENSED SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALF.

Appears in 2 contracts

Samples: Marketplace License Agreement, Marketplace License Agreement

Limited Warranty. A. If you obtained Software directly from us, we warrant for a) For a period of thirty (30) 60 days from the Purchase Date that (i) date of first installation of the Software at the User's site, Hyland warrants the media on which the Software is furnished will be distributed are free of from defects in materials and workmanship under normal use; and (ii) in workmanship. Hyland does not warrant that the functions contained in the Software will substantially conform to its Documentationmeet User's requirements or that the operation of the Software will be uninterrupted or error free. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (with respect Due to the affected inherent complexity of computer software, User is advised to verify User's work. Provided that within the 60-day period referred to above, Users returns the Software product)with a copy of User's receipt and all agreements, Hyland will at its discretion either (a) replace the defective media and/or documentation; or (b) refund the Software license fee. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES b) HYLAND AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT APPLY LIMITED TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION THE IMPLIED WARRANTIES OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M MERCHANT ABILITY AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY PURPOSE AND THOSE ARISING BY STATUTE OR ARISING OTHERWISE IN LAW OR FROM A COURSE OF DEALINGDEALING OR USAGE OF TRADE. IN NO EVENT WILL HYLAND SOFTWARE, USAGEINC. OR ITS DIRECT OR INDIRECT SUPPLIERS BE LIXXXX XOR ANY OTHER DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO INDIRECT, SPECIAL, INCIDENTAL, OR TRADE PRACTICECONSEQUENTIAL DAMAGES OR OTHER PECUNIARY LOSS ARISING OUT OF USE OR INABILITY TO USE THE SOFTWARE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS EVEN IF HYLAND HAS BEEN ADVISED OF THE THIRD PARTY LICENSEPOSSIBILITIES OF SUCH DAMAGES. USER SPECIFICALLY ASSUMES RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE ITS BUSINESS OBJECTIVES. Copyright (C)Hyland Software, AND MAY ONLY BE USED WITH THE PRODUCTSInc. (Confidential) 17 Axxxxx 1998 Confidential Treatment Requested c) Hyland and its suppliers are not responsible for any costs including, without limitation, loss of business profits, business interruption, loss of business information, the cost of recovering such information, the cost of substitute Software, or claims by third parties. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATIONNo oral or written information given by Hyland, its agents, or employees shall create any additional warranty. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORSIn no case shall Hyland's liability exceed the amount of the license fee actuallx xxxx xy User. No modification or addition to this warranty is authorized unless it is set forth in writing, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTEDreferences this EULA, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFand is signed on behalf of Hyland by a corporate officer.

Appears in 1 contract

Samples: Oem Agreement (Hyland Software Inc)

Limited Warranty. A. If you obtained Software directly from us, we We warrant for a period of thirty (30) days from that the Purchase Date that (i) the media disk on which the Software and TLVs® and BEIs® and Documentation is furnished recorded will be free of from defects in materials and workmanship under normal use; use and service for a period of ninety (ii90) days from the Software will substantially conform to its Documentationdate of delivery. This limited warranty extends to you personally Our entire liability and is not transferable. Your sole and your exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will beparagraph shall be replacement of the disk not meeting this Limited Warranty. You may be required to return the defective disk to us. If failure of the disk has resulted from accident, at our option, to repair or replace (with respect to the affected Software product)abuse, or refund misapplication of the Software license feeSoftware, then we shall have no responsibility to replace the disk under this Limited Warranty. In the event of a refundOTHER THAN THE EXPRESS WARRANTY SET OUT ABOVE, this Agreement shall terminate with respect to the affected Software product. B. THIS THE SOFTWARE AND TLVs® AND BEIs® AND DOCUMENTATION ARE PROVIDED “AS IS,” WITHOUT WARRANTY DOES OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE AND TLVs® AND BEIs® AND DOCUMENTATION ARE ASSUMED BY YOU. WE DO NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHAWARRANT, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIREDGUARANTEE, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCEMAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR ACCIDENT; THE RESULTS OF THE USE OF, THE SOFTWARE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR (V) OTHERWISE, AND YOU RELY ON THE SOFTWARE AND RESULTS/PERFORMANCE SOLELY AT YOUR OWN RISK. THE ABOVE IS USED IN VIOLATION THE ONLY WARRANTY OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE KIND, EITHER EXPRESS OR CONSULTING SERVICES PROVIDED IMPLIED, THAT IS MADE BY US RELATED WITH REGARD TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTORAND THE TLVs® AND BEIs® AND DOCUMENTATION, INCLUDING BUT NOT LIMITED TO THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSEWARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFSTATE.

Appears in 1 contract

Samples: Software License Agreement

Limited Warranty. A. If you obtained Software directly from us, we warrant for a period of thirty (30) days from the Purchase Date that (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (with respect to the affected Software product), or refund the Software license fee. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH THAT: YOUR USE OF THE FOREGOING ON A T&M SERVICES AND EXPENSE BASISSOFTWARE IS AT YOUR SOLE RISK. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES THEY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR GUARANTIES OF ANY KIND. MTE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED CONDITIONSWARRANTIES OF TITLE, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTAND NON-INFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED USAGE OF TRADE. YOU BEAR THE ENTIRE RISK AS TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS QUALITY AND PERFORMANCE OF THE THIRD PARTY LICENSEEQUIPMENT AND ARE RESPONSIBLE FOR THE ENTIRE COST OF ANY NECESSARY REPAIR. MTE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. LICENSORS MAKE NO WARRANTY IS MADE REGARDING THAT (I) THE RESULTS OF ANY PRODUCTS SERVICE OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, COMPLETE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR SOFTWARE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATION, (V) ANY ERRORS IN THE SERVICES OR SOFTWARE WILL BE CORRECTED AND (VI) THE SERVICES AND SOFTWARE ARE FREE OF VIRUSES OR OTHER DISABLING DEVISES OF HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO TIBCO DEALERADVICE OR INFORMATION, DISTRIBUTORWHETHER ORAL OR WRITTEN, AGENT OBTAINED BY YOU FROM MTE OR EMPLOYEE IS AUTHORIZED TO MAKE THROUGH OR FROM THE SERVICE OR SOFTWARE WILL CREATE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO WARRANTY NOT EXPRESSLY STATED IN THIS WARRANTY ON TIBCO'S BEHALFAGREEMENT.

Appears in 1 contract

Samples: High Speed Internet Services Agreement

Limited Warranty. A. If you obtained Software directly from us, we warrant for a period For 12 3 months after the date of thirty shipment (30) days from date of shipment meaning either the Purchase Date that (i) date RFS shipped the Product on media or the date on which Licensee downloaded the Software is furnished Product from an authorized RFS download site), RFS warrants that: i. The Product will be free of defects in materials material and workmanship under normal use; . ii. The unmodified Product, when properly installed and (ii) the Software used, will substantially conform to its Documentationachieve the functionality described in the applicable documentation. This limited warranty extends shall apply in accordance the applicable RFS software policy which is attached as an aAnnex to you personally and is not transferablethis Agreement. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (with respect to the affected Software product), or refund the Software license fee. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS THE EXPRESS WARRANTY SET FORTH HEREIN CONSTITUTE THE ONLY WARRANTY WITH RESPECT TO THE PRODUCT; RFS DOES NOT APPLY WARRANT THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN THE COMBINATIONS WHICH MAY BE SELECTED BY YOU OR THAT THE OPERATION OF THE PRODUCT WILL BE SECURE, ERROR-FREE OR UNINTERRUPTED AND RFS HEREBY DISCLAIMS ANY AND ALL LIABILITY ON ACCOUNT THEREOF. RFS SHALL HAVE NO OBLIGATIONS UNDER THE WARRANTY PROVISIONS SET FORTH HEREIN IF YOU SUBJECT THE MEDIA TO ACCIDENT OR ABUSE; ALTER, MODIFIE OR MISUSE THE PRODUCT; USE THE PRODUCT ON ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES COMPUTER SYSTEM OTHER THAN THAT FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENTTHE PRODUCT IS INTENDED; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM YOU VIOLATES THE TERMS OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH THE EXTENT OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY RFS DUTY UNDER THIS LIMITED WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER THE CORRECTION OR DISTRIBUTOR; WE PROVIDE NO WARRANTY REPLACEMENT OF PRODUCT WHICH FAILS TO YOU WITH RESPECT TO SUCH SOFTWAREMEET THIS WARRANTY. Licensee is aware that the Product may include material licensed by third party in which case the third party license terms and conditions shall apply to such material embedded in the Product or used in connection therewith. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALF.

Appears in 1 contract

Samples: End User License Agreement (Eula)

Limited Warranty. A. If you obtained You may obtain without payment a license to evaluate the Software directly from us, we warrant for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is available except as specifically provided by this Agreement. If You have paid a license fee for the Software, then for a period of ninety (3090) days from the Purchase Date that (i) date of receipt of the media on which Software, Saxonica warrants the Software is furnished against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free of from defects in materials and workmanship under normal use; workmanship. Saxonica's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software will substantially conform to its Documentationthat does not meet Saxonica's Limited Warranty. This limited warranty extends to you personally and Limited Warranty is not transferable. Your sole and exclusive remedy and void if failure of the entire liability of TIBCO and its licensors under this limited warranty will beSoftware has resulted from accident, at our option, to repair or replace (with respect to the affected Software product)abuse, or refund the misapplication. Any replacement Software license feewill be warranted for an additional ninety (90) days. In the event Neither these remedies nor any product support services offered by Saxonica are available without proof of a refundpurchase from an authorised source. EXCEPT FOR THE FOREGOING, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY IS DELIVERED TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS"" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAXONICA, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, NONINFRINGEMENTTITLE, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALINGAND NON-INFRINGEMENT, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED WITH REGARD TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED SOFTWARE, AND THE PROVISION OF OR FAILURE TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMERPROVIDE SUPPORT SERVICES. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTSLIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY CHOOSE NOT HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATIONSTATE/JURISDICTION. NO WARRANTY IS MADE PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE RESULTS CONFORMANCE OF THE PRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, ARE MADE IN GOOD FAITH BUT DO NOT CONSTITUTE PART OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFCONTRACT.

Appears in 1 contract

Samples: Individual License Agreement

Limited Warranty. A. If you obtained Software directly from us(a) The Products are warranted against defects in material, we warrant design and workmanship for a period of thirty (30) days fourteen months from the Purchase Date that (i) the media on which the Software is furnished will be free date of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform delivery to its DocumentationFOB point. This limited warranty does not cover the results of accident, abuse, neglect, improper testing, vandalism, acts of God, use contrary to specifications or instructions, or repair or modification by anyone other than SKYSTREAM, HARRXX xx SKYSTREAM's authorized agents. SKYSTREAM SHALL HAVE NO OBLIGATION UNDER THIS WARRANTY, AND MAKES NO REPRESENTATION AS TO PRODUCTS THAT HAVE BEEN MODIFIED CONTRARY TO PRODUCT SPECIFICATIONS ("MODIFIED") BY HARRXX XX ITS END USERS. The foregoing warranty extends only to you personally and HARRXX xxx End Users purchasing Products through an authorized sales channel of HARRXX, xxd not other End Users. The foregoing warranty does not apply to any used or Modified Products, or software within the Products, which is subject to the end user software licenses. (b) If the Product does not transferable. Your sole and exclusive remedy and conform to the entire liability of TIBCO and its licensors under this limited warranty will beforegoing warranties, HARRXX xx HARRXX' Xxd User may, at our its own risk and expense, return the allegedly defective Product directly to SKYSTREAM during the Warranty Period. In order to do so, HARRXX xx HARRXX' Xxd User must first notify SKYSTREAM in writing of the alleged defect and request a return material authorization ("RMA") number. Within five (5) days of its receipt of the RMA number, HARRXX xx HARRXX' Xxd User shall ship to SKYSTREAM the allegedly defective Product, freight prepaid, to SKYSTREAM, and shall include a notation of the RMA number. Any Products returned to SKYSTREAM without an authorized RMA number may be returned to HARRXX xx HARRXX' Xxd User, freight collect. Upon receipt of the Product, SKYSTREAM, at its option, to will repair or replace (with respect the Product and ship the repaired or replaced Product to the affected Software product)HARRXX xx SKYSTREAM's expense and risk, or refund the Software license feepurchase price. In the event of a refund, this Agreement shall terminate with respect If SKYSTREAM determines that any returned Product conformed to the affected Software productwarranties, SKYSTREAM will return the Product to HARRXX xx HARRXX' Xxd User, at their expense and risk, along with a written statement setting forth the basis for SKYSTREAM's conclusion that the returned Product was not defective, and HARRXX xx HARRXX' Xxd User agrees to pay SKYSTREAM's reasonable costs of handling and testing. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (Ic) IS LICENSED THE REMEDIES PROVIDED HEREIN ARE HARRXX' XXD HARRXX' XXD USERS' SOLE AND EXCLUSIVE REMEDIES FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASISWARRANTY BY SKYSTREAM. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER SKYSTREAM SPECIFICALLY DISCLAIMS ALL OTHER EXPRESS, IMPLIED OR DISTRIBUTORSTATUTORY WARRANTIES, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, INCLUDING ANY IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE PERSON IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OTHER WARRANTY OR ADDITIONS TO REPRESENTATION CONCERNING THE PERFORMANCE OF THE PRODUCTS OTHER THAN AS PROVIDED IN THIS WARRANTY ON TIBCO'S BEHALFSECTION.

Appears in 1 contract

Samples: International Marketing, Distribution and Support Agreement (Skystream Networks Inc)

Limited Warranty. A. If you obtained Software directly from us, we warrant for a period of thirty EXCEPT AS SET FORTH IN SECTIONS (30) days from the Purchase Date that (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (with respect to the affected Software producta), or refund the Software license fee. In the event of a refund(b), this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH AND (I) IS LICENSED FOR ALPHAc), BETABELOW, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY ELITE’S HARDWARE/SPECIALTY ITEMS MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". .” ALL EXPRESS OR WARRANTIES AND REPRESENTATIONS OF ANY KIND ARE HEREBY DISCLAIMED, INCLUDING IMPLIED CONDITIONS, REPRESENTATIONS, WARRANTIES OF MERCHANTABILITY AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES WILL ELITE BE LIABLE FOR ANY CONSEQUENTIAL, NONINFRINGEMENTINCIDENTAL, SATISFACTORY QUALITY SPECIAL OR ARISING FROM A COURSE PUNITIVE DAMAGES, EVEN IF APPRISED IN THE LIKELIHOOD OF DEALING, USAGESUCH DAMAGES OCCURRING. THE SOLE EXCLUSIVE REMEDY FOR THE BREACH OF ANY PROVISIONS OF THIS AGREEMENT OR FOR BREACH OF WARRANTY SHALL BE LIMITED TO ELITE’S PROVIDING THE SERVICE(S) AND/OR PRODUCT(S) CONTRACTED FOR, OR TRADE PRACTICETHE REFUND OF THE FEE PAID. THE CHOICE OF REMEDIES SHALL BE MADE AT THE OPTION OF ELITE. (a) ELITE warrants the specialty items listed above will be free from defects in materials and workmanship, ARE HEREBY EXCLUDED TO assuming normal use. The specialty items listed above come with a two (2) year, limited warranty on parts and labor. If an item is to be returned to ELITE for warranty work, PURCHASER shall first contact ELITE in order to receive an RMA number. Once an RMA number is given to PURCHASER, PURCHASER shall clearly write the RMA number on the outside of shipping package and ship the defective item, freight pre-paid by PURCHASER, to the following address: Elite Software, Inc., Warranty Dept., 0000 X. Xxxxxxxxxx Xxx., #000, Xxxxxxxxxxx, XX 00000, X.X.X. PURCHASER agrees to insure the item for the value of the replacement cost to PURCHASER against loss or damage during shipment. ELITE will not accept any shipments not clearly displaying the RMA number on the outside of package. Once repaired, ELITE agrees to ship the item back to PURCHASER free of charge, provided PURCHASER's business is located within the 48 contiguous states of the United States. If PURCHASER's business is in Hawaii, Alaska, Puerto Rico, the U.S. Virgin Islands, or any country outside the U.S., PURCHASER shall pre-pay the shipping costs incurred in "returning" the defective item from ELITE to PURCHASER. (b) ELITE warrants any warranty repairs provided by ELITE pursuant to this Agreement shall be performed in a fully workmanlike manner and in accordance with the prevailing professional standards of the computer hardware industry. ELITE FURNISHES THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS ABOVE WARRANTY SUBJECT TO THE TERMS DISCLAIMER CONTAINED IN PARAGRAPH 7 OF THE THIRD PARTY LICENSETHIS AGREEMENT. Any and all warranties shall be void as to items damaged or rendered unserviceable by: (1) the acts or omissions of non-ELITE personnel; (2) misuse, AND MAY ONLY BE USED WITH THE PRODUCTStheft, vandalism, fire, water, or other peril; (3) moving, relocation, alterations or additions not authorized by ELITE. (c) ELITE will make its best effort to repair a defective item within a reasonable period of time. YOU MAY CHOOSE It may, however, take as long as six (6) weeks before a defective item is repaired. In the event the defective item is not repaired and returned to PURCHASER after six (6) weeks from the date ELITE first received the item from PURCHASER, and the item is still covered under the two (2) year warranty, ELITE agrees to replace the item with a new model. If such model is no longer available, ELITE agrees to replace the defective item with a different model that is the same or greater value than the original item. Note: ELITE will NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFship to PURCHASER a "loaner item" to be used in place of the defective item while PURCHASER waits for the defective item to be repaired by ELITE.

Appears in 1 contract

Samples: Specialty Items Order Form and Agreement

Limited Warranty. A. If you obtained Software directly from usQSM warrants to You that, we warrant for a period of thirty (30) 90 days from the Purchase Date that date of original receipt, (iI) the media on which the Software is furnished will be free of defects in materials and workmanship not, under normal use; use and service, deviate materially from the applicable specifications contained in the Related Materials, and (ii) the Software Related Materials will substantially conform be free from defect in materials and workmanship. If any such deviation appears during such 90 day period in the Products, QSM will use commercially reasonable efforts to its Documentationcorrect such deviation in a manner consistent with the support services that QSM provides for the Products. If, despite such commercially reasonable efforts QSM is unable to correct such deviation, such items may be returned to QSM for replacement, without charge. With regard to material defects in the Related Materials, such items may be returned to QSM for replacement, without charge. This limited warranty extends to you personally and is does not transferablecover defects arising from modifications or misuse of the Products. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (with respect to the affected Software product), or refund the Software license fee. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED EXCEPT AS EXPRESSLY PROVIDED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES , THE SOFTWARE AND RELATED MATERIALS ARE PROVIDED “AS IS” AND NO OTHER WARRANTIES ARE PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU QSM WITH RESPECT TO SUCH SOFTWARE. C. THE PRODUCTS WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, INTEGRATION, PERFORMANCE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, QSM MAKES NO WARRANTY THAT ANY LICENSED MATERIALS WILL OPERATE ERROR-FREE, FREE OF ANY SECURITY DEFECTS OR IN AN UNINTERRUPTED MANNER, THAT THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN SOFTWARE WILL OPERATE IN COMBINATION WITH OTHER THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. OR HARDWARE SELECTED BY YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES SOFTWARE WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALERADVICE OR INFORMATION PROVIDED BY QSM WILL CREATE A WARRANTY. YOU ASSUME TOTAL RESPONSIBILITY FOR ANY AND ALL RISK ARISING FROM YOUR USE OF, DISTRIBUTOROR INABILITY TO USE, AGENT THE SOFTWARE OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFRELATED MATERIALS.

Appears in 1 contract

Samples: QSM Customer Hosted Software License Agreement

Limited Warranty. A. If Mapsoft warrants to you obtained Software directly from us, we warrant for a period of thirty (30) days from the Purchase Date that (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will perform substantially conform in accordance with the Documentation for the ninety (90) day period following your receipt of the Software. To make a warranty claim, you must return the Software to its the location where you obtained it along with a copy of your sales receipt within such ninety (90) day period. If the Software does not perform substantially in accordance with the Documentation. This limited warranty extends to you personally and is not transferable. Your sole , the entire and exclusive liability and remedy and the entire liability of TIBCO and its licensors under this shall be limited warranty will beto either, at our Mapsoft's option, to repair or replace (with respect to the affected Software product), or refund replacement of the Software or the refund of the license feefee you paid for the Software. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES MAPSOFT AND ITS SUPPLIERS DO NOT APPLY TO ANY AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE WHICH (I) IS LICENSED OR DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR ALPHA, BETA, EVALUATION, TESTING MAPSOFT'S OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A ITS SUPPLIERS' BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS MAPSOFT AND SERVICES ARE PROVIDED "AS IS". ALL ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONSAS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, OR FITNESS FOR A ANY PARTICULAR PURPOSE. IN NO EVENT WILL MAPSOFT OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, NONINFRINGEMENTINCIDENTAL OR SPECIAL DAMAGES, SATISFACTORY QUALITY INCLUDING ANY LOST PROFITS OR ARISING FROM A COURSE LOST SAVINGS, EVEN IF AN MAPSOFT REPRESENTATIVE HAS BEEN ADVISED OF DEALING, USAGETHE POSSIBILITY OF SUCH DAMAGES, OR TRADE PRACTICEFOR ANY CLAIM BY ANY THIRD PARTY. Some jurisdictions do not allow the exclusion or limitation of incidental, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAWconsequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMERTo the extent permissible, any implied warranties are limited to ninety (90) days. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS"This warranty gives you specific legal rights. You may have other rights which vary from state to state or jurisdiction to jurisdiction. For further warranty information, IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFplease contact Mapsoft’s Customer Support Department.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty. A. John Deere shall perform the Support Services hereunder in a workmanlike manner. If you obtained Software directly from usYou acquire the Support Services for business purposes, we warrant for a period You agree that the Consumer Guarantees Act 1993 (NZ) does not apply to this Agreement in respect of thirty (30) days from those Support Services. To the Purchase Date extent permitted by law, in the event that (i) the media on which the Software John Deere is furnished will be free of defects in materials and workmanship unable to fulfill its warranty obligations under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends to you personally and is not transferable. this section 14, You agree that Your sole and exclusive remedy and is a refund of the entire liability total amount of TIBCO and its licensors the Support Fee paid by You under this limited warranty will beAgreement. YOU AGREE THAT THE FOREGOING CONSTITUTES YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SUPPORT SERVICES PROVIDED TO YOU BY JOHN DEERE, at our option, to repair or replace (with respect to the affected Software product), or refund the Software license fee. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF ITS AFFILIATES AND THIRD PARTY SUPPLIERS UNDER THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOREXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 14, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SUPPORT SERVICES ARE PROVIDED ON AN "AS IS"" BASIS. ALL EXPRESS XXXX DEERE, ITS AFFILIATES AND THIRD PARTY SUPPLIERS SHALL HAVE NO LIABILITY FOR THE SUPPORTED SOFTWARE, SUPPORTED COMPONENTS AND/OR IMPLIED CONDITIONSTHE SUPPORT SERVICES PROVIDED, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED LIABILITY FOR NEGLIGENCE, BREACH OF CONTRACT, BREACH OF WARRANTY OR CONDITION OTHER TORT OR STRICT LIABILITY, LOST PROFITS AND BUSINESS INTERRUPTION ARISING OUT OF MERCHANTABILITYOR IN CONNECTION WITH THIS AGREEMENT. XXXX DEERE, ITS AFFILIATES AND THIRD PARTY SUPPLIERS MAKE AND YOU RECEIVE NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE IN ANY OTHER PROVISION OF THIS AGREEMENT OR ANY OTHER COMMUNICATION. XXXX DEERE, ITS AFFILIATES AND THIRD PARTY SUPPLIERS SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, PURPOSE OR TERMS OF SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGEQUALITY, OR TRADE PRACTICEACCURACY, ARE HEREBY EXCLUDED COMPLETENESS, RELIABILITY, TIMELINESS OR ACCURACY OF INFORMATION TO THE MAXIMUM EXTENT ALLOWED PERMITTED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE XXXX DEERE DOES NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; WARRANT THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS DESKTOP SHARING WILL BE CORRECTED, ERROR FREE OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALF.

Appears in 1 contract

Samples: Extended Support Services Agreement

Limited Warranty. A. If you obtained Software directly from us, we warrant for a period of thirty (30) days from the Purchase Date Wowza warrants that (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends to the description contained in the applicable end user documentation for a period of 90 days after the date you personally and is not transferable. Your sole and exclusive remedy and purchased the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (with respect to the affected Software product), or refund Hardware on which the Software license feegoverned by this XXXX resides. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED EXCEPT FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS PRECEDING EXPRESS LIMITED WARRANTY, TO THE PRODUCTS MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WOWZA PROVIDES THE SOFTWARE AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR IMPLIED CONDITIONS, REPRESENTATIONSIN ANY OTHER PROVISION OF THIS XXXX OR COMMUNICATION WITH YOU, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, WOWZA SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAWAND NON-INFRINGEMENT. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE WOWZA DOES NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; WARRANT THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTSNEEDS OR THAT THE SOFTWARE OR SERVICES WILL BE OR PROVIDE FOR ERROR FREE OPERATION OR OPERATION WITHOUT INTERRUPTION. NO TIBCO DEALERIN THE EVENT YOU OBTAINED THIS LICENSE FROM A RESELLER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED OTHER THIRD PARTY, WOWZA SHALL HAVE NO OBLIGATION TO MAKE YOU UNDER ANY MODIFICATIONSWARRANTY GIVEN BY SUCH RESELLER, EXTENSIONS DISTRIBUTOR, OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFTHIRD PARTY, OR THEIR RESPECTIVE AGENTS OR EMPLOYEES. 9.1.1 The exclusive remedy for breach of the preceding warranty with regard to the Software is, at Wowza’s sole discretion and subject to Wowza’s limitation of liability, to either: (i) repair the Software to Wowza’s commercially reasonable specifications; (ii) replace the Software; or (iii) terminate the license to the Software granted to you and provide you with a pro-rata refund the fees paid by you for the Software for the period of time, if any, that you were prevented from using the Software. 9.1.2 The exclusive remedy for breach of any warranty with regard to the Services is, subject to Wowza’s limitation of liability, to re-perform the Services in a commercially reasonable manner.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty. A. If ZeroEyes warrants to you obtained Software directly from us, we warrant that for a period of thirty (30) days from Delivery (the Purchase Date that (i"Warranty Period") the media on Software shall operate in substantial conformity with the Documentation. ZeroEyes does not warrant that your use of the Software will be uninterrupted or error-free or that any security mechanisms implemented by the Software will not have inherent limitations. ZeroEyes' sole liability (and your exclusive remedy) for any breach of this warranty shall be, in ZeroEyes' sole discretion, to use commercially reasonable efforts to provide you with an error-correction or work-around which corrects the reported nonconformity, or if ZeroEyes determines such remedies to be impracticable within a reasonable period of time, to refund the license fee paid for the applicable Software. ZeroEyes shall have no obligation with respect to a warranty claim unless notified of such claim within the Warranty Period. The above warranty shall not apply: (a) if the Software is furnished will be free of used with hardware or software not specified in the Documentation; (b) if any modifications are made to the Software by you or any third party; (c) to defects in materials and workmanship under normal use; and (ii) the Software will substantially conform due to its Documentation. This limited warranty extends accident, abuse or improper use by you; (d) to any Software provided to you personally and is not transferableby a Reseller; or (e) to any evaluation version or other Software provided on a no charge or evaluation basis. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will beTHIS SECTION 6 IS A LIMITED WARRANTY AND, at our optionEXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6, to repair or replace (with respect to the affected Software product), or refund the Software license fee. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND ALL SERVICES ARE PROVIDED "AS IS". , "WHERE-IS" AND "AS-AVAILABLE" WITH ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONSFAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND, AND ZEROEYES HEREBY EXPRESSLY DISCLAIMS ON BEHALF OF ITSELF AND ITS MEMBERS, STOCKHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD-PARTY SUPPLIERS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE "ZEROEYES PARTIES") ANY AND ALL WARRANTIES INCLUDINGOF ANY KIND, WITHOUT LIMITATIONEXPRESS, ANY IMPLIED WARRANTY OR CONDITION STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NONINFRINGEMENTZEROEYES AND THE ZEROEYES PARTIES DO NOT GUARANTEE OR WARRANT THAT THE SOFTWARE WILL PREVENT, SATISFACTORY QUALITY IDENTIFY OR ARISING FROM A COURSE NEUTRALIZE THREATS OR TRANSMIT ALERTS, AND YOUR USE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS AT YOUR OWN RISK. THE SOFTWARE IS NOT INTENDED TO SERVE AS YOUR PRIMARY SECURITY SYSTEM AND IS NOT CERTIFIED FOR EMERGENCY RESPONSE. THE ALERTS PROVIDED "BY THE SOFTWARE ARE FOR INFORMATIONAL PURPOSES ONLY AND ZEROEYES AND THE ZEROEYES PARTIES DO NOT MONITOR SUCH ALERTS OR DISPATCH EMERGENCY SERVICES IN RESPONSE TO SUCH ALERTS OR OTHERWISE. AS IS"BETWEEN YOU AND ZEROEYES AND THE ZEROEYES PARTIES, IS SUBJECT TO YOU ARE SOLELY RESPONSIBLE FOR (AND YOU HEREBY WAIVE, RELEASE AND DISCHARGE ZEROEYES AND THE TERMS ZEROEYES PARTIES FROM ANY AND ALL LIABILITIES FOR) ANY AND ALL DAMAGES, LOSSES AND INJURIES ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM YOUR USE OF THE THIRD PARTY LICENSESOFTWARE, INCLUDING ANY AND MAY ONLY BE USED WITH ALL DECISIONS MADE BY YOU ON THE PRODUCTSBASIS OF SUCH USE. YOU MAY CHOOSE NOT HAVE OTHER STATUTORY RIGHTS; HOWEVER, TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFPERIOD.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty. A. If you obtained Software directly from us, we warrant 8.1 Seller warrants to Buyer that (a) for a period of thirty one hundred eighty (30180) calendar days from after the Purchase Date that date of delivery of the Goods (the “Warranty Period”), the Goods will materially confirm to Seller’s published specifications in effect as of the date of shipment under the corresponding Order Confirmation, and (b) Buyer will receive good and valid title to the Goods, free and clear of all encumbrances and liens, except as expressly provided by these Terms. 8.2 The warranties under this section do not apply where the Goods have been: (i) subjected to abuse, misuse, neglect, negligence, accident, abnormal physical stress or environmental conditions, use contrary to any instructions issued by Seller, or improper testing, installation, storage, handling, repair, or maintenance; (ii) reconstructed, repaired, or altered by anyone other than Seller or its authorized representative; or (iii) used with any third-party product, hardware, or product that has not been previously approved by Seller. 8.3 The warranties under this section extend only to (a) Seller’s expressly authorized distributors (“Distributors”) and (b) the media on which original end user of the Software is furnished will be free of defects in materials and workmanship under normal use; Goods (i) who acquires such Goods directly from Seller or directly from a Distributor and (ii) who acquires the Software will substantially conform to its DocumentationGoods not for resale of the Goods themselves but for such end user’s own use or for such end user’s incorporation into a product which that end user manufactures (the “End User”). This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and ANY GOODS ACQUIRED BY ANY PERSON OR ENTITY OTHER THAN A DISTRIBUTOR OR END USER ARE ACQUIRED ON AN “AS-IS” BASIS “WITH ALL FAULTS” AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF SELLER. 8.4 Buyer shall communicate the entire liability terms of TIBCO and its licensors under this limited warranty will be, at our option, to repair all End Users and to all others to whom Buyer delivers any products or replace (with respect otherwise transfers any Goods. Xxxxx acknowledges and agrees that this limited 8.5 No action pursuant to this warranty may be brought after the affected Software product), or refund the Software license fee. In the event of a refund, this Agreement shall terminate with respect to the affected Software productWarranty Period. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALF.

Appears in 1 contract

Samples: Terms and Conditions of Sale

Limited Warranty. A. If you obtained 9.1 Each party warrants and represents that it has all requisite legal authority to enter into this Agreement. 9.2 insightsoftware warrants that the Software directly from uswill substantially conform in all material respects to its Documentation at the time the Software is delivered to You. At no additional cost, we warrant and as Customer’s sole and exclusive remedy for a period failure to meet the limited warranty set forth in this Section 9, and as insightsoftware’s sole obligation and liability under this Section 9, insightsoftware will use commercially reasonable efforts to correct the specified nonconformity to the applicable Software, or at insightsoftware's sole discretion and option, refund the applicable Software license fee paid by Customer upon return of the applicable Software and Documentation, which will serve to terminate this Agreement. The foregoing warranty obligation applies only if Customer promptly notifies insightsoftware in writing of said nonconformity within thirty (30) days from following delivery of the Purchase Date that Software, and such notice outlines the specific details of the nonconformity. 9.3 The limited warranty set forth in this section shall be void if the failure of the Software to conform is caused by (i) the media on which use of the Software is furnished will be free of defects in materials and workmanship under normal use; and other than the most current version, (ii) use or operation of the Software will substantially conform to its other than as instructed in the Documentation. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and , including the entire liability use or operation of TIBCO and its licensors under this limited warranty will bethe Software with an application or in an environment other than as set forth in the Documentation, at our option, to repair or replace (with respect iii) modifications to the affected Software product), that were not made by insightsoftware or refund the Software license fee. In the event of a refund, this Agreement shall terminate with respect to the affected Software productinsightsoftware’s authorized representatives. B. THIS WARRANTY DOES NOT APPLY TO 9.4 EXCEPT AS EXPRESSLY SET FORTH HEREIN, NEITHER PARTY MAKES ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING REPRESENTATIONS OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION WARRANTIES OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTORKIND, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL WHETHER EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONS, AND INCLUDING ANY WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTOR NON- INFRINGEMENT. INSIGHTSOFTWARE DOES NOT REPRESENT OR WARRANT THAT CUSTOMER’S USE OF THE SOFTWARE WILL BE ERROR FREE. INSIGHTSOFTWARE'S EXPRESS WARRANTIES SHALL NOT BE ENLARGED, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGEDIMINISHED, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED AFFECTED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS AND NO OBLIGATION OR LIABILITY SHALL ARISE OUT OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED INSIGHTSOFTWARE'S RENDERING OF TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFSOFTWARE.

Appears in 1 contract

Samples: End User License Agreement

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Limited Warranty. A. If you obtained Software directly from us, we warrant for a period of thirty (30) days from the Purchase Date Company warrants to Subscriber that (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentationoperate free from Errors during the term of the Agreement. This limited Provided that Subscriber notifies Company in writing of any breach of the foregoing warranty extends to you personally and is not transferable. Your during the term hereof, Company shall, as Subscriber’s sole and exclusive remedy remedy, provide the support set forth in Exhibit A (Software Services) to this Agreement. This warranty gives Subscriber specific legal rights, and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, Subscriber may also have other rights which vary from jurisdiction to repair or replace (with respect to the affected Software product), or refund the Software license feejurisdiction. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES NOT APPLY o TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS THE MAXIMUM EXTENT PERMITTED BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTORAPPLICABLE LAW, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTYSoftware, THE PRODUCTS Documentation, AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS,” AND COMPANY MAKES NO (AND HEREBY DISCLAIMS ALL) OTHER WARRANTIES, REPRESENTATIONS, AND WARRANTIES OR CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY WARRANTIES OF SATISFACTORY QUALITY, system integration, COURSE OF DEALING, TRADE USAGE OR CONDITION OF PRACTICE, MERCHANTABILITY, TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTWITH RESPECT TO THE USE, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGEMISUSE, OR TRADE PRACTICEINABILITY TO USE THE Software, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE Documentation, OR SERVICES (IN WHOLE OR IN PART) OR ANY OTHER PRODUCTS OR SERVICES PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMERSUBSCRIBER BY COMPANY. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE COMPANY DOES NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; WARRANT THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ALL ERRORS OR BUGS WILL CAN BE CORRECTED, OR THAT OPERATION OF THE PRODUCT FUNCTIONALITY software, AND SERVICES SHALL BE UNINTERRUPTED OR SERVICES WILL MEET YOUR REQUIREMENTSERROR-FREE. NO TIBCO DEALERTHE SERVICE MAY BE SUBJECT TO LIMITATIONS, DISTRIBUTORDELAYS, AGENT AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR EMPLOYEE IS AUTHORIZED OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. NEITHER COMPANY, NOR ITS THIRD-PARTY PROVIDERS, SHALL HAVE ANY LIABILITY FOR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE CONTENT. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFSUBSCRIBER.

Appears in 1 contract

Samples: Software as a Service Agreement

Limited Warranty. A. If you obtained Software directly from us, we warrant for a period of thirty (30) days from the Purchase Date that (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation7.1. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (with respect to the affected Software product), or refund the Software license fee. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) TSI WARRANTS THAT IT HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIREDFREE AND CLEAR TITLE TO, OR MAINTAINED OTHERWISE HAS THE RIGHT TO SUPPLY, ALL AIRSHIPS TO BE SUPPLIED TO CYBER'S CUSTOMERS HEREUNDER. THE AIRSHIPS SHALL BE MANUFACTURED IN ACCORDANCE WITH INSTRUCTIONS PLANS TO BE SUPPLIED IN THE PURCHASE ORDERS ACCEPTED BY TSI. TSI MAKES NO WARRANTY AND THERE IS NO IMPLIED CONDITION THAT THE AIRSHIPS ARE MERCHANTABLE OR FIT FOR ANY PARTICULAR PURPOSE. THE SOLE RESPONSIBILITY OF TSI SHALL BE THAT IT WILL MANUFACTURE THE AIRSHIPS AND INSTALL AVIONICS EQUIPMENT IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS SUPPLIED BY USCYBER WHICH HAVE BEEN ACCEPTED BY TSI, THAT THE AIRSHIPS WILL BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP AND THAT TSI WILL REPAIR OR REPLACE, AT ITS OPTION, ALL OR PART OF THE AIRSHIPS SUPPLIED HEREUNDER; WHICH, DURING THE APPLICABLE TWO (IV2) HAS YEAR WARRANTY PERIOD FOLLOWING THE DELIVERY DATE, HAVE BEEN SUBJECTED FOUND BY CYBER' CUSTOMER TO ABNORMAL PHYSICAL BE DEFECTIVE DUE TO TSI'S WORKMANSHIP OR ELECTRICAL STRESSMATERIALS. TSI SHALL NOT BE RESPONSIBLE FOR THE FAILURE, MISUSEREPAIR OR REPLACEMENT OF ANY AIRSHIP OR ITS COMPONENT PARTS, NEGLIGENCEDUE TO USE OF SAID AIRSHIP IN ENVIRONMENTS OR AT ALTITUDES CONSIDERED OUTSIDE THE SCOPE OF THAT AIRSHIP'S SPECIFIED OPERATING CAPABILITIES, IN HAZARDOUS WEATHER CONDITIONS OR ACCIDENT; IN HOSTILE TERRITORIES. TSI SHALL ENSURE, TO THE EXTENT POSSIBLE, THAT ALL WARRANTIES ISSUED BY THE MANUFACTURER OF THE AIRSHIP COMPONENT PARTS INSTALLED IN THE AIRSHIPS AT TSI'S DIRECTION SHALL BE FULLY TRANSFERRED AND ASSIGNED TO CYBER'S CUSTOMER AT DELIVERY. INSTALLATION BY CYBER'S CUSTOMER OF ANY EQUIPMENT OR (V) IS USED DEVICES WHICH INTERFER WITH THE AVIONICS EQUIPMENT INSTALLED BY TSI OR INCREASE THE PAYLOAD WEIGHT LIMIT BEYOND THAT PRESCRIBED BY TSI SHALL VOID ALL WARRANTIES GIVEN BY TSI OR ITS SUPPLIERS. 7.2. THE FOREGOING REPRESENTATIONS AND WARRANTIES AND ALL OTHER REPRESENTATIONS AND WARRANTIES CONTAINED IN VIOLATION THIS AGREEMENT ARE EXPRESSLY IN LIEU OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR EXPRESS OR IMPLIED WARRANTIES AND ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR ANY OTHER OBLIGATION ON THE PART OF TSI. 7.3. TSI WARRANTS THAT THE SALE OR USE OF THE AIRSHIPS SHALL NOT INFRINGE UPON ANY UNITED STATES OR FOREIGN PATENT, NONINFRINGEMENTAND TSI SHALL INDEMNIFY CYBER AGAINST ALL JUDGMENTS, SATISFACTORY QUALITY OR ARISING DECREES, COSTS, AND EXPENSES RESULTING FROM A COURSE ANY INFRINGEMENT AND SHALL DEFEND, UPON WRITTEN REQUEST OF DEALINGCYBER AT ITS OWN EXPENSE, USAGEANY ACTION WHICH MAY BE BROUGHT AGAINST CYBER ITS VENDEES, LESSEES, LICENSEES, OR TRADE PRACTICEASSIGNS, UNDER ANY CLAIM OF PATENT INFRINGEMENT IN THE USE OF THE AIRSHIPS. 7.4. THE ABOVE WARRANTIES ARE HEREBY EXCLUDED SUBJECT TO PROPER USE AND APPLICATION FOR WHICH THE EXTENT ALLOWED AIRSHIP WAS INTENDED AND DO NOT COVER AIRSHIPS MODIFIED BY APPLICABLE LAW. CERTAIN CYBER OR ANY THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCOTSI'S BEHALFWRITTEN APPROVAL.

Appears in 1 contract

Samples: Marketing and Sales Agreement (Cyber Defense Systems Inc)

Limited Warranty. A. If you obtained Software directly from usUpon the issuance of a Certificate of Compliance, we MOLECULAR MEDICINE shall be deemed to warrant for a period of thirty (30) days from the Purchase Date that only that: (i) it has performed the media on which Project with due care in accordance with the Software is furnished will be free Scope of defects in materials Work, current Good Manufacturing Practices and workmanship under normal use; applicable federal and state laws, rules and regulations, and (ii) the Software will substantially conform to its Documentation. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (with respect Product conforms to the affected Software product)Technical Specifications reported in the Certificate of Compliance. Any claim by SPONSOR for a breach of such warranty shall be made in writing to MOLECULAR MEDICINE on or before the first anniversary of the date that SPONSOR is notified that Product is complete. The sole remedy of SPONSOR for breach of this warranty shall be for MOLECULAR MEDICINE to perform the Project again, or refund (if practicable) to perform again such portions of the Software license feeProject as may be required to correct the deficiency. In the event of a refundMOLECULAR MEDICINE SHALL NOT BE RESPONSIBLE FOR GENETIC ALTERATIONS, this Agreement shall terminate with respect to the affected Software product. B. THIS INCLUDING THE FORMATION OF REPLICATION-COMPETENT VIRUSES (SUCH AS REPLICATION-COMPETENT ADENOVIRUS OR REPLICATION­-COMPETENT RETROVIRUS) THAT OCCUR DURING PRODUCTION OF THE PRODUCT. SUCH GENETIC ALTERATIONS SHALL NOT BE THE BASIS FOR A WARRANTY DOES NOT APPLY CLAIM BY SPONSOR. UNDER NO CIRCUMSTANCES SHALL MOLECULAR MEDICINE BE LIABLE TO SPONSOR OR ANY SOFTWARE WHICH (I) IS LICENSED THIRD PARTY CLAIMING BY OR THROUGH SPONSOR FOR ALPHAANY CONSEQUENTIAL, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIREDSPECIAL, OR MAINTAINED OTHER DAMAGES, AND THE WARRANTY SET FORTH HEREIN IS IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION LIEU OF ANY AND ALL OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE WARRANTIES, WHETHER EXPLICIT OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTORIMPLIED, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE . MOLECULAR MEDICINE’S LIABILITY TO SPONSOR FOR THE BREACH OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED ANY TERMS AND CONDITIONS CONTAINED HEREIN (INCLUDING ANY EXHIBITS) SHALL IN NO EVENT EXCEED THE FEE PAID BY SPONSOR TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED MOLECULAR MEDICINE IN CONNECTION WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFPROJECT.

Appears in 1 contract

Samples: Production Service Agreement (Medgenics, Inc.)

Limited Warranty. A. If you obtained Software directly from us, we warrant Liquid Audio warrants for a the period of thirty ninety (3090) days from the Purchase Date that date of deliver, of the Copy of the Software to Customer that: (i) The Software, unless modified by Customer, will perform substantially in accordance with the media on which documentation provided by Liquid Audio. Customer's sole remedy under this warranty is that Liquid Audio will either correct within a reasonable period of time any "Software Error" (failure of the Software to perform in accordance with the documentation) reported during the warranty period or, if Liquid Audio is furnished unable to correct any such Software Error, refund to Customer the money paid for the Software. Liquid Audio does not warrant that the Software will meet Customer's requirements that operation of the Software will be uninterrupted, error-free or secure, or that all Software Errors will be corrected. (ii) The medium if any (such as diskette or CD Rom) provided by Liquid Audio containing the Software will be free of from defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will beLiquid Audio will, at our its option, to repair or replace (with respect to the affected Software product), or refund the Software license fee. In the event purchase price of a refundfaulty medium at no charge to Customer if the same is returned to Liquid Audio. THE ABOVE WARRANTIES ARE EXCLUSIVE AND 1N LIEU OF ALL OTHER WARRANTIES, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL WHETHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONSIMPLIED, AND LIQUID AUDIO EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LIQUID AUDIO, NONINFRINGEMENTITS EMPLOYEES, SATISFACTORY QUALITY RESELLERS OR ARISING AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM A COURSE THE DATE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO DELIVERY OF THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMERSOFTWARE. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTSWARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY CHOOSE NOT HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFSTATE.

Appears in 1 contract

Samples: Oem Agreement (Liquid Audio Inc)

Limited Warranty. A. If you obtained X. Xxxxxxxxxx warrants that it has the right to sublicense the Software directly from us, we warrant for a period of thirty (30) days from being licensed hereunder pursuant to the Purchase Date terms provided herein. B. Cartegraph warrants that (i) the media on which Software will conform to Cartegraph’s published specifications until Support ends. C. Provided that the Software is furnished will be free of defects used in materials a manner for which it was designed as set forth in the Software, Cartegraph’s sole obligation and workmanship under normal use; and (ii) liability hereunder for the Software will substantially conform shall be to its Documentation. This limited warranty extends use reasonable efforts to you personally and remedy any substantial non-conformance which is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, reported to repair or replace (with respect to the affected Software product), or refund the Software license feeCartegraph. In the event of a refundalternative, this Agreement shall terminate with respect Cartegraph may refund amounts paid by Customer pursuant to the affected Purchase Agreements for such Software productproducts. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHAD. THERE ARE NO OTHER WARRANTIES, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY THE IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY PURPOSE OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED NONINFRINGEMENT WITH RESPECT TO THE EXTENT ALLOWED BY APPLICABLE LAWSOFTWARE LICENSED HEREUNDER. CERTAIN THIRD PARTY SOFTWARE MAY BE E. SUPPORT, SERVICES AND HOSTING SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SUPPORT, SERVICES AND HOSTING PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. UNDER THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO AGREEMENT DO NOT ASSURE THE TERMS UNINTERRUPTED OPERATION OF THE THIRD PARTY SOFTWARE. F. CUSTOMER’S SOLE AND EXCLUSIVE REMEDY SHALL BE TO TERMINATE THE SOFTWARE LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS SUPPORT OR SERVICES; THAT . THE PRODUCTS WILL OPERATE WITHOUT ERRORSREMEDY SET FORTH IN THIS SECTION IS CARTEGRAPH’S SOLE LIABILITY, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTEDAND CUSTOMER’S SOLE AND EXCLUSIVE REMEDY, OR THAT THE PRODUCT FUNCTIONALITY OR IN LIEU OF ALL OTHERS, FOR ANY BREACH BY CARTEGRAPH OF ITS SOFTWARE, SUPPORT, SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFAND HOSTING WARRANTIES HEREUNDER.

Appears in 1 contract

Samples: Master Agreement

Limited Warranty. A. If you obtained Software directly (a) OLT warrants to Buyer that as of the date of shipment of the Goods to the Buyer, that such Goods will materially conform to OLT's published specifications in effect as of the date of manufacture, and be free from usdefects in material and workmanship. (b) EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 10(a), we warrant for a period of thirty (30) days from the Purchase Date that OLT MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal useWARRANTY OF MERCHANTABILITY; and OR (ii) the Software will substantially conform to its Documentation. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (with respect to the affected Software product), or refund the Software license fee. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE; OR (iii) WARRANTY OF TITLE; OR (iv) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGECOURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. (c) Products manufactured by a third party ("Third Party Product") may constitute, contain, be contained in, incorporated into, attached to or packaged together with, the Goods. Third Party Products are not covered by the warranty in Section 10(a). For the avoidance of doubt, OLT MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD-PARTY PRODUCT OR GOOD, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE PRACTICEOR OTHERWISE. (d) OLT shall not be liable for a breach of the warranty set forth in Section 10(a) unless: (i) Buyer gives written notice of the defect, ARE HEREBY EXCLUDED TO reasonably described, to OLT within ninety (90) days of the time when Xxxxx discovers or ought to have discovered the defect; (ii) OLT is given a reasonable opportunity after receiving the notice to examine such Goods and Buyer (if requested to do so by OLT) returns such Goods to OLT's place of business at OLT's cost for the examination to take place there; and (iii) OLT reasonably verifies Buyer's claim that the Goods are defective. (e) OLT shall not be liable for a breach of the warranty set forth in Section 10(a) if: (i) Buyer makes any further use of such Goods after giving such notice; (ii) the defect arises because Buyer failed to follow OLT's oral or written instructions as to the storage, installation, commissioning, use, or maintenance of the Goods; or (iii) Buyer alters or repairs such Goods without the prior written consent of OLT. (f) Subject to Section 10(d) and Section 10(e) above, with respect to any such Goods as of the date of shipment, OLT shall, in its sole discretion, either: (i) repair or replace such Goods (or the defective part) or (ii) credit or refund the price of such Goods at the pro rata contract rate provided that, if OLT so requests, Buyer shall, at OLT's expense, return such Goods to OLT. (g) THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY REMEDIES SET FORTH IN SECTION 10(f) SHALL BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS BUYER'S SOLE AND EXCLUSIVE REMEDY AND OLT’S ENTIRE LIABILITY FOR ANY BREACH OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO LIMITED WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFSET FORTH IN SECTION 10(a).

Appears in 1 contract

Samples: Sales Contracts

Limited Warranty. A. If you obtained Software directly from us, we warrant FMI warrants for a period of thirty ninety (3090) days from the Purchase Date your date of purchase that (i) the media on which the Software is furnished as provided by FMI will be free of defects perform substantially in materials accordance with the accompanying documentation. FMI's entire liability and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends to you personally and is not transferable. Your your sole and exclusive remedy and for any breach of the entire liability of TIBCO and its licensors under this foregoing limited warranty will be, at our FMI's option, to replacement of the Software, refund of the purchase price, or repair or replace (with respect to the affected Software product), or refund replacement of the Software license feewhich is returned to FMI or an FMI authorized representative with a copy of the receipt. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS LIMITED WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES THE ONLY WARRANTY PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M FMI AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER FMI AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, CONDITIONS OR DISTRIBUTOROTHER TERMS, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EITHER EXPRESS OR IMPLIED CONDITIONS(WHETHER COLLATERALLY, REPRESENTATIONSBY STATUTE OR OTHERWISE), AND WARRANTIES INCLUDINGINCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, WITHOUT LIMITATION, ANY IMPLIED WARRANTY CONDITIONS OR CONDITION OTHER TERMS OF MERCHANTABILITY, SATISFACTORY QUALITY AND/OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE WITH REGARD TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS. FURTHERMORE, NONINFRINGEMENT, SATISFACTORY QUALITY THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE OR ARISING FROM A COURSE AGAINST INFRINGEMENT OF DEALING, USAGETHIRD PARTY PROPRIETARY RIGHTS BY THE SOFTWARE. FMI DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR TRADE PRACTICETHAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FMI OR AN FMI AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, ARE HEREBY EXCLUDED CONDITIONS OR OTHER TERMS THE ABOVE LIMITATION MAY NOT APPLY TO THE EXTENT ALLOWED BY APPLICABLE LAWYOU. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THIS DISCLAIMER AND THE THIRD PARTY LICENSELIMITED WARRANTY UNDER THIS SECTION 5 DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING THE SOFTWARE OTHERWISE THAN IN THE COURSE OF A BUSINESS, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF NEITHER DO THEY LIMIT OR EXCLUDE ANY PRODUCTS LIABILITY FOR DEATH OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCOPERSONAL INJURY CAUSED BY FMI'S BEHALFNEGLIGENCE.

Appears in 1 contract

Samples: Filemaker License Agreement

Limited Warranty. A. If you obtained Software directly from usLTLABS WARRANTS AND UNDERTAKES TO USE REASONABLE SKILL AND CARE TO PERFORM THE SERVICES. EXCEPT AS EXPRESSLY STATED IN THIS CLAUSE 10.1, we warrant for a period of thirty LTLABS (30INCLUDING ITS AFFILIATES, SUBCONTRACTORS AND AGENTS) days from the Purchase Date that AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS AND OFFICERS (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (with respect to the affected Software product), or refund the Software license fee. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTORCOLLECTIVELY, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER " LTLABS PARTY(IES)") MAKES NO EXPRESS OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU IMPLIED WARRANTIES WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS ANY OF THE EQUIPMENT, PRODUCTS, SERVICES OR CLIENT REPORTS, INCLUDING BUT NOT LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATIONTO, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGESUITABILITY, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAWNON-INFRINGEMENT. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE CLIENT UNDERSTANDS THAT LTLABS' SERVICES DO NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF CONSTITUTE ANY PRODUCTS GUARANTEE OR SERVICES; ASSURANCE THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORSSECURITY OF CLIENT'S SYSTEMS, PROBLEMS NETWORKS AND ASSETS CANNOT BE BREACHED OR INTERRUPTIONSARE NOT AT RISK. 10.1.1 LTLabs shall not be liable for any action, claim or demand arising from: (a) any misuse by Client of the Products; (b) any alteration, modification, adjustment or repair of the Products by Client or a third party without LTLabs' prior written consent; (c) any failure by Client to comply with its obligations in a timely manner; (d) any action or inaction by the Client as set out in Section 8; (e) any failure by Client to follow LTLabs' lawful instructions or recommendations, failure to adhere to any required configurations, use supported platforms, follow any polices for acceptable use, or the Client’s use of the Service in a manner inconsistent with the features and functionality of the Services; (f) LTLabs acting on any instructions or recommendations made by Client; (g) any third-party equipment or software provided by LTLabs, in respect of which Client shall only be entitled to the benefit of any manufacturer's warranties, guarantees or service contract terms and conditions applicable to such equipment or software; THAT ERRORS OR BUGS WILL BE CORRECTEDor (h) any Client’s unauthorized action or lack of action when required, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALERClient’s misconduct, DISTRIBUTORnegligence, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONSsupply of inaccurate or incomplete information, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFmodifications made to the Services, or any unauthorized modifications made to any managed hardware or software Devices by Client, its employees, agents, or third parties acting on behalf of Client, or otherwise Client’s f ailure to follow appropriate security practices. 10.1.2 Client shall be deemed to include the employees, advisers, and subcontractors of the Client and those of Client Affiliates. 10.1.3 All other warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded.

Appears in 1 contract

Samples: Master Service Agreement

Limited Warranty. A. If you obtained Software directly from Enel X will provide the JuiceBox in material conformance with the JuiceBox description published at xxxxx://xxxxxxxxxx.xxxxx.xxx/privacy-policy and in accordance with the warranty terms published at xxxxx://xxxxxxx.xxxxxxxxxxx.xxx/hc/en- us/articles/360000548291-Limited-Warranty-United-States-. Enel X, we warrant for a period of thirty at its sole expense and as your sole remedy, will use commercially reasonable efforts to correct any material non-conformance within sixty (3060) days after Enel X receives written notice from you that includes information sufficient to permit Enel X to diagnose and cure the Purchase Date non- conformance. For warranty service, contact us at xxxxxxx@xxxxxxxxxxx.xxx or by calling us at 844.584.2329. You acknowledge and agree that the JuiceBox, the JuiceNet Software, and the JuiceNet Dashboard are complex with a variety of dependencies, and as such, Enel X cannot guarantee that they will be provided without error or interruption. Enel X’s warranty obligations are expressly subject to: (ia) the media on which JuiceBox, JuiceNet Software and JuiceNet Dashboard being used in accordance with this Agreement, the Software is furnished will be free of defects in materials applicable product and workmanship under normal useservice descriptions, and any other instructions provided by Enel X; and (iib) the Software will substantially conform you providing written notice to its DocumentationEnel X of any alleged breach of warranty promptly after you become aware of it. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will beOTHER THAN AS EXPRESSLY SET FORTH IN THIS SECTION 7, at our optionJUICEBOX, to repair or replace (with respect to the affected Software product)JUICENET SOFTWARE AND JUICENET DASHBOARD ARE PROVIDED “AS IS” AND AS AVAILABLE, or refund the Software license fee. In the event of a refundAND ENEL X AND ITS SUPPLIERS AND LICENSORS MAKES NO AND HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHAWRITTEN OR ORAL, BETAEXPRESS, EVALUATIONIMPLIED OR STATUTORY, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTYJUICEBOX, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS JUICENET SOFTWARE OR IMPLIED CONDITIONSJUICENET DASHBOARD, REPRESENTATIONS, AND WARRANTIES INCLUDING, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A THE COURSE OF DEALING, USAGEDEALING BETWEEN THE PARTIES OR USAGE OF TRADE, OR TRADE PRACTICEANY WARRANTY OF NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, ARE HEREBY EXCLUDED IN EACH CASE, TO THE FULLEST EXTENT ALLOWED PERMITTED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALF.

Appears in 1 contract

Samples: Residential Smart Charging Participation Agreement

Limited Warranty. A. If you obtained TouchStar warrants that (a) with regard to the TouchStar Software, (i) TouchStar will convey good title to the TouchStar Software directly from usfree and clear of any claims, we warrant liens, security agreements or other encumbrances and (ii) for a period of thirty ninety (3090) days from after delivery, the Purchase Date that TouchStar Software will perform in all material respects with the specifications contained in TouchStar's technical literature with regard to the TouchStar Software, (b) the Support Services will be provided in a good and workmanlike manner consistent with industry practices, and (c) with regard to call center systems installed by TouchStar, (i) TouchStar will convey good title to the media on which the Software is furnished will be call center system free and clear of defects in materials and workmanship under normal use; any claims, liens, security agreements or other encumbrances and (ii) the Software call center system will be installed in a good and workmanlike manner substantially conform to its Documentationin conformance with the Specifications. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will beEXCEPT AS PROVIDED IN THIS SECTION 6.4, at our option, to repair or replace (with respect to the affected Software product), or refund the Software license fee. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY TOUCHSTAR DOES NOT APPLY TO ANY WARRANT THE TOUCHSTAR SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIREDSUPPORT SERVICES, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION THE INSTALLATION OF ANY CALL CENTER SYSTEM, TO RESELLER, ANY OTHER TERM OF THIS AGREEMENTRESELLER OR ANY CUSTOMER. YOU AGREE TO PAY US FOR ANY MAINTENANCE TOUCHSTAR MAKES NO OTHER WARRANTIES, EXPRESS OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH IMPLIED, RELATING THERETO. TOUCHSTAR IS UNAWARE OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS USE OF ANY CALL CENTER SYSTEM INSTALLED BY TOUCHSTAR. TOUCHSTAR MAKES NO REPRESENTATION OR WARRANTY SHALL BE AS PROVIDED OF ANY KIND WHATSOEVER WITH REGARD TO THE USE OF ANY CALL CENTER SYSTEM, INCLUIDNG WHETHER THE USE OF THE CALL CENTER SYSTEM CONFORMS TO APPLICABLE FEDERAL, STATE AND LOCAL LAWS. RESELLER BEARS SOLE RESPONSIBILITY TO DETERMINE WHETHER THE USE OF A CALL CENTER SYSTEM BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU A CUSTOMER COMPLIES WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, APPLICABLE FEDERAL STATE AND LOCAL LAWS. SHOULD APPLICABLE LAW NOT PERMIT THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL FOREGOING EXCLUSION OF EXPRESS OR IMPLIED CONDITIONSWARRANTIES, REPRESENTATIONS, THEN TOUCHSTAR HEREBY GRANTS THE MINIMUM EXPRESS AND IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED REQUIRED BY SUCH APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALF.

Appears in 1 contract

Samples: Reseller Agreement (Worldwide Strategies Inc)

Limited Warranty. A. If you obtained Software directly from us, we warrant for a period of thirty (30) days from the Purchase Date 9.1 IONA warrants that (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform in all material respects to its Documentationwritten specifications when installed and for [***] thereafter. This limited For purposes of this Agreement, the sole source of such specifications shall be IONA’s written user documentation. Where a material nonconformity exists within the warranty extends period, and proper notice has been given to you personally and is not transferable. Your IONA, IONA will as its sole and exclusive remedy liability to BroadVision, use due diligence to correct the nonconformity and provide BroadVision with one copy of any such corrected version of the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (with respect to the affected Software product), or refund the Software license feeSoftware. In the event of a refund, this Agreement shall terminate with respect to the affected Software productTHE REMEDY PROVIDED HEREIN IS BROADVISION’S EXCLUSIVE REMEDY AND IONA’S ONLY LIABILITY FOR ANY NONCONFORMITY WITH SPECIFICATIONS. B. THIS 9.2 IONA SPECIFICALLY DISCLAIMS ANY WARRANTY DOES NOT APPLY TO ANY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIREDTHE RESULTS OF USE WILL MEET BROADVISION’S REQUIREMENTS, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE PRODUCT IS PROVIDED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION BROADVISION “AS IS” WITHOUT WARRANTY OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE KIND; EITHER EXPRESS OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER IMPLIEd, STATUTORY OR DISTRIBUTOROTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED PURPOSE AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS"SUITABILITY, IS SUBJECT TO THE TERMS QUALITY AND PERFORMANCE OF THE THIRD PARTY LICENSEPRODUCT IS WITH BROADVISION AND NOT WITH IONA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, AND SO SUCH EXCLUSION MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT APPLY TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFYOU.

Appears in 1 contract

Samples: Independent Software Vendor Agreement (Broadvision Inc)

Limited Warranty. A. If you obtained Software directly from usSnap-on warrants to the first end-user to whom Snap-on grants a license hereunder, we warrant for a period of thirty sixty (3060) days from the Purchase Date date of delivery to you as evidenced by a copy of your sales receipt ("Waranty Period"), that (i) the media on which the Software is furnished will be free of defects perform substantially in materials and workmanship accordance with the accompanying technical specifications in the Documentation, under normal use; and . THIS LIMITED WARRANTY IS PROVIDED IN LIEU OF ANY OTHER EXPRESS WARRANTIES (ii) the Software will substantially conform to its Documentation. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (with respect to the affected Software productIF ANY), or refund the Software license feeALL OF WHICH ARE DISCLAIMED BELOW. In the event of a refundTHIS LIMITED WARRANTY IS THE ONLY EXPRESS WARRANTY THAT IS PROVIDED TO YOU AND IS NOT TRANSFERABLE OR ASSIGNABLE. NO WARRANTIES OR CONDITIONS, this Agreement shall terminate with respect to the affected Software product. B. EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO CONDITION, QUALITY OR PERFORMANCE, INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO SATISFACTORY QUALITY OR FITNESS FOR PURPOSE OF THE SOFTWARE OR DOCUMENTATION (OR IN RESPECT OF NON-INFRINGEMENT OF ANY RIGHTS OF ANY THIRD PARTY) ARE GIVEN OR ASSUMED BY SNAP-ON OTHER THAN AS SET OUT ABOVE, AND ALL SUCH WARRANTIES AND CONDITIONS ARE HEREBY EXPRESSLY EXCLUDED EXCEPT TO THE EXTENT THAT SUCH EXCLUSION IS PROHIBITED BY LAW. SNAP-ON AND ITS AFFILIATED COMPANIES DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR IN TERMS OF YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SNAP-ON OR ITS AFFILIATED COMPANIES, OR THEIR RESPECTIVE AGENTS, DISTRIBUTORS, DEALERS AND EMPLOYEES, SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. SNAP-ON DOES NOT WARRANT THE OPERATION OF THE SOFTWARE TO BE UNINTERRUPTED OR ERROR-FREE, NOR DOES SNAP- ON MAKE ANY WARRANTY DOES OR REPRESENTATION REGARDING THE USE OR OUTPUT OF THE SOFTWARE IN TERMS OF CORRECTNESS, ACCURACY, COMPLETENESS, TIMELINESS, SEQUENCE, RELIABILITY OR OTHERWISE OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSELIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; HAVE OTHER RIGHTS THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFVARY BY JURISDICTION.

Appears in 1 contract

Samples: End User Software License Agreement

Limited Warranty. A. If you obtained Software directly from us3.1. THE FOLLOWING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, we warrant for WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. XXXXXX WARRANTS THAT THE MATERIAL SUPPLIED HEREUNDER IS MANUFACTURED IN SUBSTANTIALLY THE SAME MANNER AS MANUFACTURED BY BUYER AS WHEN MANUFACTURE WAS TRANSFERRED TO THE FACILITY, AND WHEN DELIVERED CONFORMS WITH THE SPECIFICATIONS APPLICABLE TO THE MATERIAL AND IS FREE OF MATERIAL AND WORKMANSHIP DEFECTS, PROVIDED THAT NO WARRANTY IS MADE WITH RESPECT TO: (A) ANY MATERIAL OR PRODUCT UTILIZING SAME WHICH HAS BEEN REPAIRED OR ALTERED OUTSIDE OF THE FACILITY; (B) ANY MATERIAL OR PRODUCT UTILIZING SAME WHICH HAS BEEN SUBJECT TO NEGLIGENCE, ACCIDENT (INCLUDING SHIPPING DAMAGE) OR IMPROPER STORAGE; (C) ANY MATERIAL OR PRODUCT UTILIZING SAME WHICH HAS NOT BEEN INSTALLED, USED OR MAINTAINED IN ACCORDANCE WITH NORMAL PRACTICE AND IN CONFORMITY WITH RECOMMENDATIONS AND PUBLISHED SPECIFICATIONS OF XXXXXX; OR (D) ANY MATERIAL, DEVICE OR SYSTEM NOT MANUFACTURED BY XXXXXX WHICH HAS BEEN INSTALLED AND USED IN CONJUNCTION WITH THE MATERIAL OR PRODUCT UTILIZING SAME. 3.2. The obligation of Xxxxxx under this warranty is expressly limited to replacing any non-conforming Material at no charge to Buyer upon notice within a period of thirty (30) days from the Purchase Date that (i) date shipment of such Material is received. The failure by Buyer to notify Xxxxxx in writing of non-conforming Material within the media on which the Software is furnished will be free 30-day warranty notice period shall constitute an unqualified waiver of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited all warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (claims with respect to the affected Software product), or refund the Software license fee. In the event of a refund, this Agreement shall terminate with respect to the affected Software productsuch Material. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALF.

Appears in 1 contract

Samples: Manufacturing Agreement (Oryx Technology Corp)

Limited Warranty. A. If you obtained Software directly from us, we warrant (a) Seller warrants to Buyer that for a period of thirty (30) days 6 months from the Purchase Date date of shipment of the Goods ("Warranty Period"), that (i) such Goods will materially conform to the media on which specifications set forth in the Software is furnished Sales Confirmation, including related documents, if any, referenced therein, and will be free of from material defects in materials material and workmanship under normal use; workmanship. (b) Seller warrants to Buyer that it shall perform the Services using personnel of required skill, experience, and (ii) the Software will substantially conform qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and shall devote adequate resources to meet its Documentation. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors obligations under this limited warranty will be, at our option, to repair or replace Agreement. (with respect to the affected Software productc) EXCEPT FOR THE WARRANTIES SET FORTH IN SECTIONS 11(A) AND (B), or refund the Software license fee. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE SELLER MAKES NO WARRANTY TO YOU WHATSOEVER WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTYTHE GOODS OR SERVICES, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, INCLUDING ANY IMPLIED (a) WARRANTY OR CONDITION OF MERCHANTABILITY, ; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (c) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGECOURSE OF PERFORMANCE, USAGE OF TRADE, OR TRADE PRACTICEOTHERWISE. (d) Products manufactured by a third party ("Third Party Product") may constitute, ARE HEREBY EXCLUDED contain, be contained in, incorporated into, attached to, or packaged together with, the Goods. Third Party Products are not covered by the warranty in Section 11(a). For the avoidance of doubt, XXXXXX MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD-PARTY PRODUCT, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. (e) The Seller shall not be liable for a breach of the warranties set forth in Section 11(a) and Section 11(b) unless: (i) Buyer gives written notice of the defective Goods or Services, as the case may be, reasonably described, to Seller within 2 days of the time when Xxxxx discovers or should have discovered the defect; (ii) if applicable, Seller is given a reasonable opportunity after receiving the notice of breach of the warranty set forth in Section 11(a) to examine such Goods and Buyer (if requested to do so by Seller) returns such Goods to Seller's place of business at Seller's cost for the examination to take place there; and (iii) Seller reasonably verifies Buyer's claim that the Goods or Services are defective. (f) The Seller shall not be liable for a breach of the warranty set forth in Section 11(a) or Section 11(b) if: (i) Buyer makes any further use of such Goods after giving such notice; (ii) the defect arises because Buyer failed to follow Seller's oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods; or (iii) Buyer alters or repairs such Goods without the prior written consent of Seller. (g) Subject to Section 11(e) and Section 11(f) above, with respect to any such Goods during the Warranty Period, Seller shall, in its sole discretion, either: (i) repair or replace such Goods (or the defective part) or (ii) credit or refund the price of such Goods at the pro rata contract rate provided that, if Seller so requests, Buyer shall, at Seller's expense, return such Goods to Seller. (h) Subject to Section 11(e) and Section 11(f) above, with respect to any Services subject to a claim under the warranty set forth in Section 11(b), Seller shall, in its sole discretion, (i) repair or re-perform the applicable Services or (ii) credit or refund the price of such Services at the pro rata contract rate. (i) THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY REMEDIES SET FORTH IN SECTIONS 11(G) AND 11(H) SHALL BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS BUYER'S SOLE AND EXCLUSIVE REMEDY AND SELLER'S ENTIRE LIABILITY FOR ANY BREACH OF THE THIRD PARTY LICENSELIMITED WARRANTIES SET FORTH IN SECTIONS 11(A) AND (B), AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFRESPECTIVELY.

Appears in 1 contract

Samples: General Terms and Conditions

Limited Warranty. A. If you obtained Software directly from usTO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, we warrant for a period of thirty (30) days from the Purchase Date that (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (with respect to the affected Software product), or refund the Software license fee. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH THAT YOUR USE OF THE FOREGOING ON A T&M AND EXPENSE BASISSERVICES IS AT YOUR SOLE RISK. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "TO YOU STRICTLY ON AN “AS IS"” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTAND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. WE MAKE NO WARRANTY IS MADE REGARDING THAT (A) THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. NO TIBCO DEALER, DISTRIBUTOR, AGENT ORAL OR EMPLOYEE IS WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ANY OF OUR AUTHORIZED TO MAKE REPRESENTATIVES WILL CREATE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFWARRANTY.

Appears in 1 contract

Samples: Prepass® License Agreement

Limited Warranty. A. If you obtained Software directly from us5.1 Mentor Graphics warrants that during the warranty period Software, we warrant for a period of thirty (30) days from the Purchase Date that (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software when properly installed, will substantially conform to its Documentationthe functional specifications set forth in the applicable user manual. Mentor Graphics does not warrant that Software will meet your requirements or that operation of Software will be uninterrupted or error free. The warranty period is 90 days starting on the 15th day after delivery or upon installation, whichever first occurs. You must notify Mentor Graphics in writing of any nonconformity within the warranty period. This limited warranty extends shall not be valid if Software has been subject to you personally and is not transferablemisuse, unauthorized modification or improper installation. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will beMENTOR GRAPHICS' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE, at our optionAT MENTOR GRAPHICS' OPTION, to repair or replace EITHER (with respect to the affected Software product), or refund the Software license fee. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY A) REFUND OF THE PRICE PAID UPON RETURN OF SOFTWARE TO MENTOR GRAPHICS OR (B) MODIFICATION OR REPLACEMENT OF SOFTWARE THAT DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN MEET THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES PROVIDED YOU HAVE OTHERWISE COMPLIED WITH THIS AGREEMENT. MENTOR GRAPHICS MAKES NO WARRANTIES WITH RESPECT TO: (A) SERVICES; (B) SOFTWARE WHICH IS LICENSED TO YOU FOR A LIMITED TERM OR LICENSED AT NO COST; OR (C) EXPERIMENTAL BETA CODE; ALL OF WHICH ARE PROVIDED "AS IS".” 5.2 THE WARRANTIES SET FORTH IN THIS SECTION 5 ARE EXCLUSIVE. NEITHER MENTOR GRAPHICS NOR ITS LICENSORS MAKE ANY OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO SOFTWARE OR OTHER MATERIAL PROVIDED UNDER THIS AGREEMENT. MENTOR GRAPHICS AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, WARRANTIES OF MERCHANTABILITY AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE PURPOSE AND NON-INFRINGEMENT OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFINTELLECTUAL PROPERTY.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty. A. If you obtained Software directly from us, we warrant for a period of thirty (30) days from Licensor warrants that during the Purchase Date that (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) Warranty Period the Software will substantially conform to its Documentationthe specifications set forth in Licensor’s relevant documentation. This limited warranty extends to you personally The “Warranty Period” begins on the date Licensor makes the Software available for electronic download by Customer and is not transferableends ninety days later. Your Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our Licensor's option, to repair or replace replacement of the Software or, if repair or replacement is not feasible, refund of the applicable fees paid. This warranty does not apply if the Software: (with respect to the affected Software product)a) is licensed for beta, evaluation, testing or demonstration purposes; (b) has been altered, except by Licensor; (c) has not been installed, operated, repaired, or refund maintained in accordance with the relevant documentation; or (d) has been used in conjunction with Customer or third party software, accessories, products, services or ancillary or peripheral equipment and the problem is the result of such use and not of the Software license feeitself. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF DESPITE ANY OTHER TERM PROVISION OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE XXXXXXXX MAKES NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. BANDWIDTH OR ANY THIRD PARTY HARDWARE, SOFTWARE AND SERVICES. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE OR THAT CUSTOMER WILL BE ABLE TO OPERATE THE SOFTWARE WITHOUT INTERRUPTION. EXCEPT AS SPECIFIED EXPRESSLY GRANTED IN THIS LIMITED WARRANTYAGREEMENT, THE PRODUCTS SOFTWARE AND ALL RELATED SERVICES ARE PROVIDED "AS IS". TO THE EXTENT PERMITTED BY LAW, LICENSOR EXCLUDES ALL EXPRESS TERMS, CONDITIONS AND WARRANTIES IMPLIED INTO THIS LICENSE BY LAW, STATUTE, COURSE OF DEALING, USAGE OR IMPLIED CONDITIONS, REPRESENTATIONSTRADE PRACTICE OR OTHERWISE. SPECIFICALLY, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY THE IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTDESIGN, MERCHANTIBILITY, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, AND NONINFRINGEMENT ARE HEREBY EXCLUDED EXPRESSLY DISCLAIMED. TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY AN IMPLIED TERM, CONDITION OR WARRANTY CANNOT BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE EXCLUDED OR DISCLAIMED, THEN IT IS PROVIDED "AS IS", IS SUBJECT LIMITED IN DURATION TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFPERIOD.

Appears in 1 contract

Samples: Good Server License and Services Agreement

Limited Warranty. A. If you obtained Software directly from us, we warrant ChannelPoint warrants the Deliverables to the extent provided in Section 10.2(b)(i) of the Agreement. ChannelPoint shall perform the services in a good and workmanlike manner consistent with any applicable industry standards. Zurich's sole remedy and ChannelPoint's sole liability for a period breach of thirty (30) days from the Purchase Date that (i) the media on which the Software is furnished will foregoing shall be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will befor ChannelPoint to, at our its option, to repair or replace (with respect to either re-perform the affected Software product)Services or, or if ChannelPoint cannot remedy any defects within a commercially reasonable time, refund the Software license feesums paid for such non-conforming Services. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO CHANNELPOINT HEREBY EXPRESSLY DISCLAIMS ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION AND ALL OTHER WARRANTIES OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, RELATING TO PAY US FOR ANY MAINTENANCE OR CONSULTING THE SERVICES PROVIDED BY US RELATED TO A BREACH HEREUNDER AND DELIVERABLES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF THE FOREGOING ON A T&M TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR THE WARRANTIES PROVIDED IN THIS SECTION 8 WITH RESPECT TO THE DELIVERABLES, NONINFRINGEMENT, SATISFACTORY QUALITY CHANNELPOINT DOES NOT WARRANT OR ARISING REPRESENT THAT THE DELIVERABLES WILL BE FREE FROM A COURSE BUGS OR THAT THE USE OF DEALING, USAGESUCH WILL BE UNINTERRUPTED OR ERROR-FREE OR MAKE ANY OTHER REPRESENTATIONS REGARDING THE USE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORSUSE, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTEDOF THE DELIVERABLES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTSOTHERWISE. NO TIBCO DEALERZurich understands that ChannelPoint is not responsible for and will have no liability for hardware, DISTRIBUTORsoftware, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONSor other items or any services provided by any persons other than ChannelPoint, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFincluding without limitation items supplied by Zurich, except for the Third-Party Software provided by ChannelPoint as part of the Commerce Exchange Platform.

Appears in 1 contract

Samples: Commerce Exchange Platform Agreement (Channelpoint Inc)

Limited Warranty. A. If you obtained Software directly from us, we warrant for Foresight provides a period of thirty (30) days from day limited warranty that the Purchase Date that (i) the media on which the Software is furnished electronic and physical Program Materials will be free from physical defects. The Program Materials will be replaced if the Member returns the defective Program Materials within 30 days of defects in materials delivery. Member further understands typographical, spelling or grammar errors do not constitute a defect and workmanship under normal use; and (ii) the Software no exchanges will substantially conform to its Documentationbe made for these errors. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (with respect to the affected Software product), or refund the Software license fee. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES PROGRAM MATERIALS ARE PROVIDED "AS IS"" WITH NO GUARANTEE OF COMPLETENESS, ACCURACY OR TIMELINESS. FORESIGHT DOES NOT WARRANT THAT ACCESS TO OR USE OF THE PROGRAM OR THE PROGRAM MATERIAL WILL BE ERROR FREE, OR THAT MEMBER WILL ACHIEVE ANY EXPECATIONS THAT MEMBER HAS FOR THE PROGRAM OR PROGRAM MATERIAL. EXCEPT AS PROVIDED FOR HEREIN, FORESIGTH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION WARRANTIES OF AVAILABILITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. FORESIGHT SHALL NOT BE LIABLE FOR CONSEQUENTIAL, NONINFRINGEMENTSPECIAL, SATISFACTORY QUALITY INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM A COURSE DIRECTLY OR INDIRECTLY OUT OF DEALINGMEMBER’S USE OF THE PROGRAM MATERIAL OR FOR ANY RELIANCE ON ANY INFORMATION PROVIDED BY OR IN THE PROGRAM MATERIALS, USAGEEVEN IF FORESIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FORESIGTH’S LIABILITY TO MEMBER FOR ANY CLAIM FOR DAMAGES RELATING TO THE PROGRAM AND/OR THE PROGRAM MATERIALS, REGARDLESS OF THE FORM OF THE ACTION, AND WHETHER BASED IN CONTRACT OR TORT, SHALL BE LIMITED IN THE AGGREGATE TO THE AMOUNT OF THE ONE-TIME MEMBERSHIP FEE AND ANY UPDATE OR HOLD FEES PAID BY MEMBER. MEMBER RECOGNIZES AND AGREES THAT FORESIGHT HAS MADE NO IMPLICATIONS, WARRANTIES, PROMISES, SUGGESTIONS, PROJECTIONS, REPRESENTATIONS, OR TRADE PRACTICE, ARE HEREBY EXCLUDED GUARANTEES WHATSOEVER TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS MEMBER ABOUT FUTURE PROSPECTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTEDEARNINGS, OR THAT MEMBER WILL EARN ANY MONEY OR BUSINESS, WITH RESPECT TO THE PRODUCT FUNCTIONALITY MEMBERSHIP, INCLUDING, BUT NOT LIMITED TO, THE PROGRAM AND PROGRAM MATERIALS, AND THAT FORESIGHT HAS NOT AUTHORIZED ANY SUCH PROJECTION, PROMISE, OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFREPRESENTATION BY OTHERS.

Appears in 1 contract

Samples: Website Terms and Conditions of Use

Limited Warranty. A. If you obtained The entire risk arising out of use or performance of the Software directly from usProduct and Service (including, we warrant without limitation, the Game Software, the User Manual(s), and Documentation) remains with the user. However, Hi-Rez warrants that the media containing the Software Product, if applicable, will be free of defects in material and workmanship for a period of thirty (30) calendar days from the Purchase Date that (i) the media on which date of your purchase of the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (with respect to the affected Software product), or refund the Software license feeProduct. In the event that such media proves to be defective during such thirty (30) calendar day period, and upon presentation to Hi-Rez, or the retailer from whom you purchased the Software Product, of a refundproof of your purchase, this Agreement shall terminate with respect to Hi-Rez, or the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHAretailer will, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIEDat its sole option, (UNLESS BY US); a) correct the defect in material and workmanship in the media containing the Software Product, (IIIb) HAS NOT BEEN INSTALLEDprovide you with a similar product of similar value, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; or (IVc) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENTrefund the money you paid for the Software Product. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M IS YOUR SOLE AND EXPENSE BASISEXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH ABOVE. IF YOU HAVE OBTAINED EXCEPT FOR THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY FOREGOING WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTYDEFECTIVE MEDIA, THE PRODUCTS SERVICE AND SERVICES ARE THE SOFTWARE PRODUCT (INCLUDING, WITHOUT LIMITATION, THE GAME SOFTWARE, THE USER MANUAL(S), AND ALL DOCUMENTATION AND CONTENT) IS PROVIDED "AS IS". ALL ” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGETITLE, OR TRADE PRACTICENON-INFRINGEMENT. Some states do not allow the exclusion or limitation of implied warranties, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFso the above limitations may not apply to you.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty. A. If AFStudio warrants to you obtained that the Font Software directly from us, we warrant will perform substantially in accordance with its documentation for a period of the thirty (30) days from day period following delivery of the Purchase Date Font Software. To make a warranty claim, you must, within the thirty (30) day warranty period, contact AFStudio and provide sufficient information regarding your acquisition of the Font Software so as to enable AFStudio to verify the existence and date of the transaction. The entire, exclusive and cumulative liability and remedy shall be that (i) AFStudio will use commercially reasonable efforts to cause the media on which the Font Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially to conform to its Documentationthe documentation as soon as commercially practicable. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (with respect to the affected Software product), or refund the Software license fee. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY AFSTUDIO DOES NOT APPLY WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR AFSTUDIO’S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AFSTUDIO MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY SOFTWARE WHICH PARTICULAR PURPOSE. IN NO EVENT WILL AFSTUDIO BE LIABLE TO YOU OR ANYONE ELSE (I) IS LICENSED FOR ALPHAANY CONSEQUENTIAL, BETAINCIDENTAL OR SPECIAL DAMAGES, EVALUATIONINCLUDING WITHOUT LIMITATION ANY LOST PROFITS, TESTING LOST DATA, LOST BUSINESS OPPORTUNITIES, OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; LOST SAVINGS, EVEN IF AFSTUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF AFSTUDIO HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH ADVISED OF THE FOREGOING ON A T&M AND EXPENSE BASISPOSSIBILITY OF SUCH DAMAGES. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTORSome states or jurisdictions do not allow the exclusions of limitations of incidental, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWAREconsequential or special damages, so the above exclusion may not apply to you. Also, some states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by the Agreement are limited to thirty (30) days. Some jurisdictions do not permit a limitation of implied warranties where the product results in physical injury or death so such limitations may not apply to you. In those jurisdictions, you agree that AFStudio’ liability for such physical injury or death shall not exceed One Hundred Thousand Dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction. The Font Software is non-returnable and nonrefundable. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALF.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty. A. If you obtained Software directly from us, we warrant BASLER warrants to CUSTOMER that the performance and functionality of the SOFTWARE purchased by CUSTOMER will in all material aspects comply with the Documentation for a period of thirty twelve (3012) days months following receipt of the SOFTWARE, provided that the SOFTWARE is used on a recommended hardware configuration. The aforementioned warranty is extended for the period of the applicable statute of limitations in cases where a deviation of the SOFTWARE from the Purchase Date that (i) Documentation is caused by XXXXXX'x xxxxx negligence or willful misconduct. XXXXXX expressly excludes all liability for non-substantial variations of performance of the media on SOFTWARE from the Documentation, which do not affect the Software is furnished will be free core functionalities of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentationresults achieved with the SOFTWARE. This limited warranty extends does not apply to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will beupdates, at our optionupgrades, pre-releases, or to SOFTWARE that has been altered by CUSTOMER, to the extent such alterations caused a defect. To make a warranty claim, CUSTOMER must return the SOFTWARE to the location where CUSTOMER obtained it along with proof of purchase within the period of time set forth above. If the SOFTWARE does not perform substantially in accordance with the Documentation, XXXXXX may, in its sole discretion repair or replace (with respect to the affected Software product), or refund the Software license feeSOFTWARE. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. EXCEPT FOR THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS EXPRESS LIMITED WARRANTY, AND TO THE PRODUCTS MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XXXXXX AND SERVICES ARE PROVIDED ITS SUPPLIERS PROVIDE THE SOFTWARE PRODUCT "AS IS". " AND WITH ALL EXPRESS OR IMPLIED FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, REPRESENTATIONSEITHER EXPRESS, AND WARRANTIES IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, ANY IMPLIED WARRANTY WARRANTIES, DUTIES OR CONDITION CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE AND OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED LACK OF VIRUSES ALL WITH REGARD TO THE EXTENT ALLOWED BY APPLICABLE LAWSOFTWARE PRODUCT. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO Some states/jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties, so the above disclaimer may not apply to CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFin its entirety.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty. A. If you obtained Software directly from us, we warrant for a period of thirty (30) days from the Purchase Date that (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its DocumentationANY USE BY YOU OF THE COMPANY’S WEB SITE AND SOFTWARE IS AT YOUR OWN RISK. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (with respect to the affected Software product), or refund the Software license fee. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS THE WEB SITE AND SOFTWARE ARE PROVIDED “AS IS” WITHOUT WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION REPRESENTATION OF ANY OTHER TERM OF THIS AGREEMENTKIND WHATSOEVER BY THE COMPANY INCLUDING BUT NOT LIMITED TO MERCHANTABILITY FOR A PARTICULAR PURPOSE. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED THE MAXIMUM EXTENT PERMITTED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTORLAW, THE TERMS COMPANY DISCLAIMS ALL WARRANTIES OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTYKIND, THE PRODUCTS BOTH EXPRESS AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, FITNESS MERCHANTABILITY FOR A PARTICULAR PURPOSE. THE COMPANY WILL ENSURE, NONINFRINGEMENTAS FAR AS POSSIBLE, SATISFACTORY QUALITY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR ARISING FROM A COURSE OF DEALING, USAGENEEDS YOU MAY HAVE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS SOFTWARE WILL OPERATE WITHOUT ERRORSERROR FREE, PROBLEMS OR INTERRUPTIONS; IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. YOU ACKNOWLEDGE THAT GOOD DATA PROCESSING PROCEDURE DICTATES THAT ANY PROGRAM INCLUDING THE SOFTWARE MUST BE THOROUGHLY TESTED WITH NON-CRITICAL DATA BEFORE YOU RELY ON IT, AND YOU HEREBY ASSUME THE ENTIRE RISK OF USING THE SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFYOU.

Appears in 1 contract

Samples: Terms and Conditions

Limited Warranty. A. If you obtained Software directly from us, we warrant for a period of thirty (30) days from the Purchase Date that (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (with respect to the affected Software product), or refund the Software license fee. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU 8.1 EXCEPT WITH RESPECT TO SUCH SOFTWARESECTION 8.2, and subject to the terms and conditions of this Section 8 (Limited Warranty), Black Duck warrants that the Commercial Version of Software will perform substantially as described in its Documentation for the first 30 days of the Subscription Period, provided that it is used in accordance with the Documentation, including within the specified operating environment. This warranty is only for the benefit of the Licensee. C. 8.2 FOR THE FREE AND TRIAL VERSION, ANY USE BY LICENSEE OF THE SOFTWARE IS AT LICENSEE’S OWN RISK. THE SOFTWARE IS PROVIDED “AS IS”. NO WARRANTY IS MADE THAT THE SOFTWARE WILL OPERATE ERROR-FREE OR REGARDING THE RESULTS TO BE ACHIEVED, NO WARRANTY IS MADE THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS. 8.3 EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTYEXPRESSLY PROVIDED HEREIN, TO THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". MAXIMUM EXTENT PERMITTED BY LAW, BLACK DUCK DISCLAIMS ALL EXPRESS WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE TITLE AND NON-INFRINGEMENT OF DEALING, USAGETHIRD PARTY RIGHTS. BLACK DUCK DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS LICENSEE MAY HAVE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS SOFTWARE WILL OPERATE WITHOUT ERRORSERROR FREE, PROBLEMS OR INTERRUPTIONS; IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR SERVICES WILL MEET YOUR REQUIREMENTSEXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO LICENSEE. 8.4 Licensee’s sole and exclusive remedy for breach of the warranty in Section Error! Reference source not found. NO TIBCO DEALERwill be as follows: For the period commencing on the 1st day of the Subscription Period and ending 30 days thereafter, DISTRIBUTORif the Software does not operate substantially in conformity with the Documentation, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONSLicensee will notify Black Duck or VAR no later than 10 days after the expiration of the 30 day period. Black Duck will use reasonable commercial efforts to supply a correction or work-around within 15 days (“Warranty Cure Period”). If Black Duck is unable to correct or work around the nonconformity within such Warranty Cure Period, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFthen Licensee may elect to terminate the license and is entitled to a full refund of the Subscription Fees paid for the Software. Licensee must elect such termination within 15 days of the end of the Warranty Cure Period.

Appears in 1 contract

Samples: End User Software License Agreement

Limited Warranty. A. If you obtained Software directly from us, we warrant You are permitted to use the software for a the period of thirty (30) days from time indicated during the Purchase Date start-up process, without registering it. You expressly acknowledge and agree that (i) the media on which use of the Software is furnished will be free at your sole risk. Saberis does not warrant or make any representations regarding the use or the results of defects in materials and workmanship under normal use; and (ii) the use of the Software will substantially conform to its Documentationor related documentation in terms of their correctness, accuracy, reliability or otherwise. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair No oral or replace (with respect to the affected Software product)written information or advice given by Saberis or any Saberis representative shall create a warranty, or refund in any way increase the Software license feescope of this warranty. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES RELATED MATERIAL ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, " WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITYANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE Saberis DOES NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; WARRANT THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES SOFTWARE WILL MEET YOUR REQUIREMENTSREQUIREMENTS OR THAT ITS OPERATION WILL BE ERROR FREE. IN NO TIBCO DEALEREVENT SHALL Saberis BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, DISTRIBUTORINDIRECT, AGENT SPECIAL OR EMPLOYEE IS AUTHORIZED CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. THIS LIMITATION AND EXCLUSION APPLIES IRRESPECTIVE OF THE CAUSE OF ACTION, INCLUDING BUT NOT LIMITED TO MAKE BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR ANY MODIFICATIONSOTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH. Saberis is not responsible for problems which may occur as a result of any incompatibility between the Software and any other software or hardware. You assume responsibility for the selection of the Software to achieve your intended purposes, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFfor making backups of your data regularly, and for choosing, maintaining and matching your hardware, operating system software and other applications software. We cannot guarantee you uninterrupted service or the correction of any errors.

Appears in 1 contract

Samples: Software License Agreement

Limited Warranty. A. If you obtained Software directly from us, we warrant for a period of thirty EXCEPT AS SET FORTH IN SECTIONS (30) days from the Purchase Date that (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (with respect to the affected Software producta), or refund the Software license fee. In the event of a refund(b), this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH AND (I) IS LICENSED FOR ALPHAc), BETABELOW, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY ELITE’S HARDWARE/SPECIALTY ITEMS MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". .” ALL EXPRESS OR WARRANTIES AND REPRESENTATIONS OF ANY KIND ARE HEREBY DISCLAIMED, INCLUDING IMPLIED CONDITIONS, REPRESENTATIONS, WARRANTIES OF MERCHANTABILITY AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES WILL ELITE BE LIABLE FOR ANY CONSEQUENTIAL, NONINFRINGEMENTINCIDENTAL, SATISFACTORY QUALITY SPECIAL OR ARISING FROM A COURSE PUNITIVE DAMAGES, EVEN IF APPRISED IN THE LIKELIHOOD OF DEALING, USAGESUCH DAMAGES OCCURRING. THE SOLE EXCLUSIVE REMEDY FOR THE BREACH OF ANY PROVISIONS OF THIS AGREEMENT OR FOR BREACH OF WARRANTY SHALL BE LIMITED TO ELITE’S PROVIDING THE SERVICE(S) AND/OR PRODUCT(S) CONTRACTED FOR, OR TRADE PRACTICETHE REFUND OF THE FEE PAID. THE CHOICE OF REMEDIES SHALL BE MADE AT THE OPTION OF ELITE. (a) ELITE warrants that the specialty items listed above will be free from defects in materials and workmanship, ARE HEREBY EXCLUDED TO assuming normal use. The specialty items listed above come with a two-year, limited warranty on parts and labor. If an item is to be returned to ELITE for warranty work, PURCHASER shall first contact ELITE in order to receive an RMA number. Once an RMA number is given to PURCHASER, PURCHASER shall clearly write the RMA number on the outside of shipping package and ship the defective item, freight pre-paid by PURCHASER, to the following address: Elite Software, Inc., Warranty Dept., 0000 X. Xxxxxxxxxx Xxx., #000, Xxxxxxxxxxx, XX 00000, X.X.X. PURCHASER agrees to insure the item for the value of the replacement cost to PURCHASER against loss or damage during shipment. ELITE will not accept any shipments not clearly displaying the RMA number on the outside of package. Once repaired, ELITE agrees to ship the item back to PURCHASER free of charge, provided PURCHASER's business is located within the 48 contiguous states of the United States. If PURCHASER's business is in Hawaii, Alaska, Puerto Rico, the U.S. Virgin Islands, or any country outside the U.S., PURCHASER shall pre-pay the shipping costs incurred in "returning" the defective item from ELITE to PURCHASER. (b) ELITE warrants that any warranty repairs provided by ELITE pursuant to this Agreement shall be performed in a fully workmanlike manner and in accordance with the prevailing professional standards of the computer hardware industry. ELITE FURNISHES THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS ABOVE WARRANTY SUBJECT TO THE TERMS DISCLAIMER CONTAINED IN PARAGRAPH 7 OF THE THIRD PARTY LICENSETHIS AGREEMENT. Any and all warranties shall be void as to items damaged or rendered unserviceable by: (1) the acts or omissions of non-ELITE personnel; (2) misuse, AND MAY ONLY BE USED WITH THE PRODUCTStheft, vandalism, fire, water, or other peril; (3) moving, relocation, alterations or additions not authorized by ELITE. (c) ELITE will make its best effort to repair a defective item within a reasonable period of time. YOU MAY CHOOSE It may, however, take as long as six (6) weeks before a defective item is repaired. In the event that the defective item is not repaired and returned to PURCHASER after six (6) weeks from the date ELITE first received the item from PURCHASER, and the item is still covered under the two-year warranty, ELITE agrees to replace the item with a new model. If such model is no longer available, ELITE agrees to replace the defective item with a different model that is the same or greater value than the original item. Note: ELITE will NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFship to PURCHASER a "loaner item" to be used in place of the defective item while PURCHASER waits for the defective item to be repaired by ELITE.

Appears in 1 contract

Samples: Specialty Items Order Form & Agreement

Limited Warranty. A. If you obtained Software directly from usMOLECULAR MEDICINE shall perform the PROJECT with due care in accordance with the Technical Specifications set forth in Exhibit A, we warrant Good Manufacturing Practices, and all legal requirements. Any claim by SPONSOR for a period breach of thirty (30) days from such warranty shall be made in writing to MOLECULAR MEDICINE on or before the Purchase Date first anniversary of the date that (i) the media on which the Software SPONSOR is furnished will be free notified PRODUCT is complete. The sole remedy of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited SPONSOR for breach of this warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will shall be, at our the SPONSOR’S option, for MOLECULAR MEDICINE to repair perform the PROJECT again, or replace (with respect to perform again such portions of the PROJECT as may be required to correct the deficiency, or to refund money spent equivalent to the affected Software product)value of work done by MOLECULAR MEDICINE. MOLECULAR MEDICINE SHALL NOT BE RESPONSIBLE FOR GENETIC ALTERATIONS, or refund the Software license feeINCLUDING THE FORMATION OF REPLICATION- COMPETENT VIRUSES (SUCH AS REPLICATION-COMPETENT ADENOVIRUS OR REPLICATION-COMPETENT RETROVIRUS) THAT OCCURS DURING PRODUCTION OF THE PRODUCT. In the event of a refundSUCH GENETIC ALTERATIONS SHALL NOT BE THE BASIS FOR A WARRANTY CLAIM BY SPONSOR. UNDER NO CIRCUMSTANCES SHALL MOLECULAR MEDICINE BE LIABLE TO SPONSOR OR ANY THIRD PARTY CLAIMING BY OR THROUGH SPONSOR FOR ANY CONSEQUENTIAL, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIREDSPECIAL, OR MAINTAINED OTHER DAMAGES, AND THE WARRANTY SET FORTH HEREIN IS IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION LIEU OF ANY AND ALL OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE WARRANTIES, WHETHER EXPLICIT OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTORIMPLIED, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE . MOLECULAR MEDICINE’S LIABILITY TO SPONSOR FOR THE BREACH OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE ANY TERMS AND CONDITIONS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED SPECIFICATIONS SHALL IN NO EVENT EXCEED THE FEE PAID BY SPONSOR TO MOLECULAR MEDICINE IN CONNECTION WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFPROJECT.

Appears in 1 contract

Samples: Production Service Agreement (Genemax Corp)

Limited Warranty. A. If you obtained Software directly from us, we warrant for a period of thirty EXCEPT AS SET FORTH IN SECTIONS (30) days from the Purchase Date that (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (with respect to the affected Software producta), or refund the Software license fee. In the event of a refund(b), this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH AND (I) IS LICENSED FOR ALPHAc), BETABELOW, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY ELITE’S HARDWARE/SPECIALTY ITEMS MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". .” ALL EXPRESS OR WARRANTIES AND REPRESENTATIONS OF ANY KIND ARE HEREBY DISCLAIMED, INCLUDING IMPLIED CONDITIONS, REPRESENTATIONS, WARRANTIES OF MERCHANTABILITY AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES WILL ELITE BE LIABLE FOR ANY CONSEQUENTIAL, NONINFRINGEMENTINCIDENTAL, SATISFACTORY QUALITY SPECIAL OR ARISING FROM A COURSE PUNITIVE DAMAGES, EVEN IF APPRISED IN THE LIKELIHOOD OF DEALING, USAGESUCH DAMAGES OCCURRING. THE SOLE EXCLUSIVE REMEDY FOR THE BREACH OF ANY PROVISIONS OF THIS AGREEMENT OR FOR BREACH OF WARRANTY SHALL BE LIMITED TO ELITE’S PROVIDING THE SERVICE(S) AND/OR PRODUCT(S) CONTRACTED FOR, OR TRADE PRACTICETHE REFUND OF THE FEE PAID. THE CHOICE OF REMEDIES SHALL BE MADE AT THE OPTION OF ELITE. (a) ELITE warrants that the specialty items listed above will be free from defects in materials and workmanship, ARE HEREBY EXCLUDED TO assuming normal use. The specialty items listed above come with a two-year, limited warranty on parts and labor. If an item is to be returned to ELITE for warranty work, PURCHASER shall first contact ELITE in order to receive an RMA number. Once an RMA number is given to PURCHASER, PURCHASER shall clearly write the RMA number on the outside of shipping package and ship the defective item, freight pre-paid by PURCHASER, to the following address: Elite Software, Inc., Warranty Dept., 0000 X. Xxxxxxxxxx Xxx., #000, Xxxxxxxxxxx, XX 00000, X.X.X. PURCHASER agrees to insure the item for the value of the replacement cost to PURCHASER against loss or damage during shipment. ELITE will not accept any shipments not clearly displaying the RMA number on the outside of package. Once repaired, ELITE agrees to ship the item back to PURCHASER free of charge, provided PURCHASER's business is located within the 48 contiguous states of the United States. If PURCHASER's business is in Hawaii, Alaska, Puerto Rico, the U.S. Virgin Islands, or any country outside the U.S., PURCHASER shall pre-pay the shipping costs incurred in "returning" the defective item from ELITE to PURCHASER. (b) ELITE warrants that any warranty repairs provided by ELITE pursuant to this Agreement shall be performed in a fully workmanlike manner and in accordance with the prevailing professional standards of the computer hardware industry. ELITE FURNISHES THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS ABOVE WARRANTY SUBJECT TO THE TERMS DISCLAIMER CONTAINED IN PARAGRAPH 7 OF THE THIRD PARTY LICENSETHIS AGREEMENT. Any and all warranties shall be void as to items damaged or rendered unserviceable by: (1) the acts or omissions of non-ELITE personnel; (2) misuse, AND MAY ONLY BE USED WITH THE PRODUCTStheft, vandalism, fire, water, or other peril; (3) moving, relocation, alterations or additions not authorized by ELITE. (c) ELITE will make its best effort to repair a defective item within a reasonable period of time. YOU MAY CHOOSE It may, however, take as long as six (6) weeks before a defective item is repaired. In the event that the defective item is not repaired and returned to PURCHASER after six (6) weeks from the date ELITE first received the item from PURCHASER, and the item is still covered under the two-year warranty, ELITE agrees to replace the item with a new model. If such model is no longer available, ELITE agrees to replace the defective item with a different model that is the same or greater value than the original item. Note: ELITE will NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALF.ship to PURCHASER

Appears in 1 contract

Samples: Specialty Items Order Form & Agreement

Limited Warranty. A. If you obtained Software directly 4.1 The Licensor warrants that the CD contained in the package supplied is free from us, we warrant any material defects and processing faults. This warranty shall be valid for a period of thirty ninety (3090) days from the Purchase Date that (i) delivery date indicated on your acknowledgement of receipt. This warranty shall be limited to the media on which the Software is furnished will first-time buyer and shall not be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentationtransferable. This limited warranty extends to you personally shall not apply if faults in the software have been caused by an accident, abuse or incorrect application. 4.2 During the warranty period of ninety (90) days the Licensor shall replace the CD if the same is not in accordance with the warranty as specified above and is returned to the Licensor together with a copy of the acknowledgement of receipt. If the Licensor is not transferable. Your sole in a position to supply a replacement CD which is free of any material defects and exclusive remedy processing faults you the end user shall be entitled to terminate this agreement by returning the CD with the Software and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (with respect to the affected Software product), or refund the Software license feeOther Materials. In the event of such a refund, this Agreement case any licence fee already paid shall terminate with respect be reimbursed to the affected Software productyou. B. THIS WARRANTY DOES 4.3 The LICENSOR WILL NOT APPLY TO ACCEPT ANY SOFTWARE WHICH (I) IS LICENSED ADDITIONAL WARRANTY, NEITHER OF A CONCLUSIVE NATURE, OTHER THAN THE AFORESAID IN PARTICULAR CONCERNING THE MARKETABILITY AND THE SUITABILITY FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH PARTIUCLAR PURPOSE OF THE FOREGOING ON A T&M AND EXPENSE BASISSOFTWARE AND/OR THE OTHER MATERIALS. IF YOU HAVE OBTAINED NEITHER THE LICENSOR NOR ANY THIRD PARTY SHALL WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, MEET THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS REQUIREMENTS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, LICENSEE OR THAT THE PRODUCT FUNCTIONALITY SOFTWARE SHALL OPERATE CONTINUOUSLY OR SERVICES WILL MEET YOUR REQUIREMENTSWITHOUT ANY ERROR. THE LICENSEE IS SOLELY RESPONSIBLE FOR THE CHOICE OF THE SOFTWARE IN ORDER TO ACHIEVE THE DESIRED RESULTS, FOR THE SETTING UP, THE USE AND THE RESULTS ACHIEVED WITH THE SOFTWARE AND THE OTHER MATERIALS. 4.4 UNDER THIS LICENCE THE LICENSOR IS NOT LIABLE FOR ANY POSSIBLE DAMAGES (INCLUDING BUT NOT EXCLUDING THE COSTS FOR THE PROCUREMENT OF REPLACEMENT PRODUCTS, FOR DAMAGES TO PROPERTY; DAMAGES TO PERSONS, MISSED PROFIT; OPERATION STOPPAGES, OR ANY OTHER INDIRECT OR CONSEQUENTIAL DAMAGES) ARISING FROM THE USE OR THE UNSUITABILITY OF THE SOFTWARE AND THE OTHER MATERIALS, EVEN IF THE LICENSOR WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS CASE SHALL THE POSSIBLE LIABILITY OF THE LICENSOR DUE TO THIS WARRANTY ON TIBCO'S BEHALFLICENCE AGREEMENT EXCEED THE AMOUNT IN TOTAL WHICH THE LICENSEE EXPENDED FOR THE PURCHASE OF THE SOFTWARE AND THE OTHER MATERIALS.

Appears in 1 contract

Samples: Licensing Agreement

Limited Warranty. A. If you obtained Software directly from us, we warrant for a period of thirty (30) days from the Purchase Date 11.1. Licensor warrants that it shall: (i) perform the media on which Services in accordance with the Software is furnished will be free terms and subject to the conditions set out in the respective Exhibit, Schedule and this Agreement; (ii) using personnel of defects in materials commercially reasonable skill, experience, and workmanship under normal usequalifications; and (iiiii) the Software will substantially conform to its Documentation. This limited warranty extends to you personally in a timely, workmanlike, and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (professional manner in accordance with respect to the affected Software product), or refund the Software license fee. In the event of a refund, this Agreement shall terminate with respect to the affected Software productgenerally recognized industry standards for similar services. B. THIS WARRANTY DOES NOT APPLY TO 11.2. LICENSOR WARRANTS THAT THE LICENSOR PRODUCTS, INCLUDING ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHAAND DOCUMENTATION, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS IN UNMODIFIED FORM AND WHEN USED AS AUTHORIZED BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT, WILL CONFORM IN ALL MATERIAL RESPECTS TO THE AGREED UPON SPECIFICATIONS AND SERVICE LEVELS. YOU AGREE LICENSOR MAKES NO OTHER WARRANTIES OR REPRESENTATIONS RELATING TO PAY US FOR ANY MAINTENANCE THE LICENSOR PRODUCTS OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER THEIR PERFORMANCE OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS"LICENSED DOCUMENTATION. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, INCLUDING ANY IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY PURPOSE OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICENON-INFRINGEMENT, ARE HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED TO THE FULLEST EXTENT ALLOWED AUTHORIZED BY APPLICABLE LAW. CERTAIN THIRD PARTY TECHNICAL DIFFICULTIES COULD BE ENCOUNTERED IN CONNECTION WITH THE SYSTEM. THESE DIFFICULTIES COULD INVOLVE, AMONG OTHERS, FAILURES, DELAYS, MALFUNCTION, SOFTWARE MAY EROSION OR HARDWARE DAMAGE, WHICH DIFFICULTIES COULD BE PROVIDED THE RESULT OF HARDWARE, SOFTWARE OR COMMUNICATION LINK INADEQUACIES OR OTHER CAUSES. SUCH DIFFICULTIES COULD LEAD TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMERPOSSIBLE ECONOMIC AND/OR DATA LOSS. 11.3. The Limited Warranty provided in Section 11.2 of the Agreement does not apply to problems resulting from: (i) improper installation of the Licensor Software by Licensee, or any other party other than the Licensor, or the installation of the Licensor Products on improper hardware; (ii) modification of the Licensor Software not undertaken or performed by Licensor; (iii) malfunctions in any computer hardware or software or systems files not provided by Licensor; (iv) accident of Licensee or at the Licensee’s premises; (v) neglect of Licensee; (vi) misuse of the Licensor Software by Licensee; or (vii) use of the Licensor Software with data of any entity other than Licensee. 11.4. Licensor’s sole and exclusive liability and Licensee’s sole and exclusive remedy for breach of this warranty shall be as follows: (i) Licensee shall remain liable for payments to Licensor for completed Services or prorated portions thereof received by Licensee, Licensor Software licensing fee and other pre-approved, non-cancelable expenses or obligations incurred by Licensee prior to the termination; and (ii) The Licensor shall not be liable for a breach of the warranty set forth in this Section unless Licensee gives written notice of the defective Licensor Products, reasonably described, to Licensor within ten (10) days of the time when Licensee discovers or ought to have discovered that the Licensor Products were defective. Subject to foregoing, Licensee shall remain liable for payments to Licensor for completed Services or prorated portions thereof received by Licensee, Licensor Software licensing fee and other pre-approved, non-cancelable expenses or obligations incurred by Licensee prior to the termination. The Licensor shall not be liable for a breach of the warranty set forth in this Section unless Licensee gives written notice of the defective Licensor Products, reasonably described, to Licensor within ten (10) days of the time when Licensee discovers or ought to have discovered that the Licensor Products were defective. 11.5. Subject to Section 11.4, Licensor shall, in its sole discretion, either: (i) promptly cure any such breach; or (ii) credit or refund the price of such Licensor Products at the pro rata contract rate. 11.6. THE REMEDIES SET FORTH IN THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO SECTION 11 SHALL BE THE TERMS LICENSEE’S SOLE AND EXCLUSIVE REMEDY AND LICENSOR’S ENTIRE LIABILITY FOR ANY BREACH OF THE THIRD PARTY LICENSELIMITED WARRANTY SET FORTH IN THIS SECTION 11. LICENSOR MAKES NO WARRANTIES EXCEPT FOR THAT PROVIDED IN 11.1 and 11.2, ABOVE. ALL OTHER WARRANTIES, EXPRESS AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORSIMPLIED, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFARE EXPRESSLY DISCLAIMED.

Appears in 1 contract

Samples: Master Software and Services Agreement (Foxo Technologies Inc.)

Limited Warranty. A. If you obtained Software directly from usMIC warrants that, we warrant for a period of thirty (30) 90 days from the Purchase Date that first installation of the Software (i) the "Warranty Period"), the Software will perform substantially in accordance with the Documentation. This Limited Warranty is void if the failure of the Software has resulted from accident, abuse or misapplication. If, during the Warranty Period, a defect appears in the Software, you may return the media on which the Software is furnished will be free was provided to you, to MIC for a replacement, or, if so elected by MIC, refund the most recent quarterly license fee, if any, paid by you for the continuation of defects this Agreement. Neither MIC nor any of its Authorized Providers warrant the completeness or accuracy of any information contained in materials and workmanship under normal use; and (ii) the Software, Documentation or Data, or that the use of the Software will substantially conform to meet your needs or that its Documentationuse will be uninterrupted or error free. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (with respect to the affected Software product), or refund the Software license fee. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED THE FOREGOING CONSTITUTES YOUR SOLE AND EXCLUSIVE REMEDY FOR ALPHA, BETA, EVALUATION, TESTING BREACH BY MIC OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION ITS AUTHORIZED PROVIDERS OF ANY OTHER TERM OF WARRANTIES (EXPRESS OR IMPLIED) MADE UNDER THIS AGREEMENT. YOU AGREE TO PAY US EXCEPT FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED WARRANTIES SET FORTH ABOVE, THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED IS LICENSED "AS IS". ," AND MIC AND ITS AUTHORIZED PROVIDERS DISCLAIM ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONS, AND WARRANTIES INCLUDING, INCLUDING WITHOUT LIMITATION, LIMITATION ANY IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO TITLE AND NON-INFRINGEMENT. THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE DATA IS PROVIDED COMPLETELY "AS IS"" AND WITHOUT WARRANTY OF ANY KIND, IS SUBJECT TO EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE TERMS IMPLIED WARRANTIES OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATIONMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO MIC DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONSMODIFICATION OR ADDITION TO THE FOREGOING WARRANTIES. Some states or countries may not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFso the above limitations and exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, which vary from state to state and country to country.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty. A. If you obtained Software directly from us, we warrant (a) integraONE warrants for a period of thirty (30) days from following delivery (the Purchase Date “Warranty Period”) that all services will be performed in a professional manner in accordance with generally applicable industry standards. integraONE’s sole liability (and Client’s exclusive remedy) for any breach of this warranty shall be for integraONE to re-perform any deficient services, or, if integraONE is unable to remedy such deficiency within thirty (30) days, to void the invoice for the deficient services. integraONE shall have no obligation with respect to a warranty claim: (i) if notified of such claim after the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and Warranty Period or (ii) if the Software will substantially conform to its Documentation. This limited warranty extends to you personally and claim is not transferable. Your sole and exclusive remedy and the entire liability result of TIBCO and its licensors under this limited warranty will bethird-party hardware or software, at our option, to repair the actions of Client or replace (with respect to some other party or is otherwise caused by factors outside the affected Software product), or refund the Software license fee. In the event reasonable control of a refund, this Agreement shall terminate with respect to the affected Software productintegraONE. B. (b) THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) SECTION 4 IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, AND SETS FORTH THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS"ONLY WARRANTIES MADE BY integraONE. ALL integraONE MAKES NO OTHER WARRANTIES, CONDITIONS OR UNDERTAKINGS, EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONSSTATUTORY OR OTHERWISE, AND INCLUDING BUT NOT LIMITED TO WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NONINFRINGEMENT OR ANY WARRANTIES REGARDING THE PERFORMANCE OF ANY SOFTWARE OR HARDWARE PROVIDED OR INSTALLED BY integraONE. CLIENT MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE FULL EXTENT ALLOWED PERMITTED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY , THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT LIMITED TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFPERIOD.

Appears in 1 contract

Samples: Master Services Agreement

Limited Warranty. A. If (a) We warrant to you obtained Software directly from us, we warrant that for a period of thirty twelve (3012) days months from the Purchase Date that date of shipment ("Warranty Period"), the Products and Services purchased through the Platform will be free from material defects in material and workmanship.‌ (b) EXCEPT FOR THE WARRANTIES SET FORTH IN SECTION 8(a), WE MAKE NO WARRANTY OR CONDITION WHATSOEVER WITH RESPECT TO THE PRODUCTS OR SERVICES PURCHASED THROUGH THE PLATFORM, INCLUDING (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (with respect to the affected Software product), or refund the Software license fee. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTOR TITLE; OR (ii) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGECOURSE OF PERFORMANCE, USAGE OF TRADE, OR TRADE PRACTICEOTHERWISE. (c) Products manufactured by a third party ("Third-Party Product") may constitute, ARE HEREBY EXCLUDED contain, be contained in, incorporated into, attached to, or packaged together with the Products. Third- Party Products are not covered by the warranty in Section 8(a). For the avoidance of doubt, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS WITH RESPECT TO ANY THIRD- PARTY PRODUCT, INCLUDING ANY (i) WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE; OR (ii) WARRANTY AGAINST INFRINGEMENT (d) We shall not be liable for a breach of the warranty set forth in Section 8(a) if you or your End Customer alter or repair such Products without our prior written consent. (e) Subject to Section 8(d), with respect to any such Products during the Warranty Period, we shall, in our sole discretion, either: (i) repair or replace such Products (or the defective part) or (ii) credit or refund the amounts paid by you for such Products provided that, if we so request, you shall, at your expense, return such Products to us.‌ (f) THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY REMEDIES SET FORTH IN SECTION 8(e) SHALL BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS YOUR SOLE AND EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFLIMITED WARRANTIES SET FORTH IN SECTION 8(a).

Appears in 1 contract

Samples: Retailer Terms and Conditions

Limited Warranty. A. If you obtained MHRC warrants that the Software directly from us, we warrant will perform the functions in accordance with the written description of the user manual and installation instructions for a period of thirty twelve (3012) days from calendar months following receipt of delivery of the Purchase Date that (i) Software by Licensee. During such period, if the media on which Software does not perform in accordance with the written description set out in the Software’s user manual and installation instructions, Licensee may request MHRC to provide assistance in rectifying the defect or replacing the Software. The foregoing warranty does not apply in the event the Software is furnished will be free of defects not properly installed in materials accordance with the user manual and workmanship under normal use; and (ii) installation instructions or where the Software will substantially conform to its Documentationhas been altered, modified or tampered with by the Licensee or any third party. This limited warranty does not apply to malfunctions relating to system incompatibility between the Software and Licensee’s hardware or other software. This warranty only extends to you personally those failures to perform communicated by Licensee to MHRC in writing within the (12) month warranty period. No other oral or written information or advice given by MHRC or any MHRC Representative shall create a warranty, and is Licensee may not transferablerely upon such information or advice except at its sole risk and expense. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will beMHRC’S ENTIRE LIABILITY AND LICENSEE’S SOLE REMEDY FOR DEFECTS IN THE SOFTWARE OR PERFORMANCE/NON- PERFORMANCE OF THE SOFTWARE IN ACCORDANCE WITH THE WRITTEN DESCRIPTION SET OUT IN THE SOFTWARE’S USER MANUAL AND INSTALLATION INSTRUCTIONS SHALL BE TO USE COMMERCIALLY REASONABLE EFFORTS TO CORRECT THE DEFECTS IN THE SOFTWARE SO THAT IT OPERATES IN ACCORDANCE WITH THE WRITTEN DESCRIPTION SET OUT IN THE SOFTWARE’S USER MANUAL AND INSTALLATION INSTRUCTIONS OR TO REPLACE THE NONCONFORMING SOFTWARE. IF SUCH EFFORT FAILS, at our option, to repair or replace (with respect to the affected Software product), or refund the Software license fee. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH MHRC SHALL (I) IS LICENSED REFUND THE PRICE LICENSEE PAID FOR ALPHATHE SOFTWARE UPON RETURN OF THE NONCONFORMING SOFTWARE, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY PROVIDE SUCH OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE REMEDY AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFREQUIRED BY LAW.

Appears in 1 contract

Samples: End User License Agreement (Eula)

Limited Warranty. A. If you obtained Software directly from usLicensor warrants, we warrant for your benefit alone, for a period of thirty ninety (3090) days from the Purchase Date date of your purchase of the Program pursuant to this License Agreement (referred to as the "Warranty Period") that (i) the media Program CD-ROM on which the Software Program is furnished will be delivered are free of from defects in materials material and workmanship under normal use; and (ii) xxxxxxx ship. If during the Software will substantially conform Warranty Period, a defect in the Program CD-ROM appears, you may return the Program to its DocumentationLicensor for replacement. This limited warranty extends to you personally and is not transferableLICENSOR DOES NOT WARRANT T HAT THE PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE PROGRAM WIL L BE UNINTERRUPTED OR THAT THE PROGRAM WILL BE ERROR FREE OR THAT DEFECTS IN THE PROGRAM WILL BE CORRECTED. Your FURTHERMORE, LICENSOR DOES NOT WARRANT OR MAKE ANY R EPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PROGRAM IN TER MS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFOR MATION OR ADVICE GIVEN BY LICENSOR OR ANY AUTHORIZED REPRESENTATIVE OR DEALER OF LICENSOR SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE XXXXXX XX PROVIDED FOR HEREIN. You agree that the foregoing constitutes your sole and exclusive e xclusive remedy and the entire liability for breach by Licensor of TIBCO and its licensors any warranties made under this limited warranty will beAgreeme nt. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, at our optionTHE PROGRAM, to repair or replace (with respect to the affected Software product), or refund the Software license fee. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTORCON TAINED THEREIN, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED LICENSED "AS IS". ," AND LICENSOR DISCLAIMS ANY AND ALL EXPRESS OTHER W ARRANTIES, WHETHER EXPRESS, IMPLIED OR IMPLIED CONDITIONSSTATUTORY, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY PURPOSE OR ARISING FROM A COURSE NON-INFRINGEMENT OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMERRIGHTS. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSEWARRANTY GIVES YOU SPECIFIC LEGAL R IGHTS, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFSTATE.

Appears in 1 contract

Samples: License Agreement

Limited Warranty. A. If you obtained Software directly from us, we warrant for a period of thirty (30) days from the Purchase Date TransPerfect warrants that (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentationthe applicable Documentation for ninety (90) days following the date the Software is made available to You for Your use. This limited warranty extends to you personally and is does not transferable. Your sole and exclusive remedy and apply if the entire liability of TIBCO and its licensors under this limited warranty will beSoftware, at our option, to repair or replace (with respect to the affected Software TransPerfect product), or refund any other equipment upon which the Software license fee. In the event of a refundis authorized to be used: (i) has been altered, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEEexcept by TransPerfect or its authorized representative; (IIii) HAS BEEN ALTERED OR MODIFIEDhas not been installed, (UNLESS BY US)operated, repaired, or maintained in accordance with instructions supplied by TransPerfect; (IIIiii) HAS NOT BEEN INSTALLEDhas been subjected to abnormal physical or electrical stress, OPERATEDabnormal environmental conditions, REPAIREDmisuse, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY USnegligence, or accident; (IViv) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESSis licensed for beta or trial purposes; or (v) has not been provided by TransPerfect. TransPerfect will use commercially reasonable efforts to deliver to You Software free from any viruses, MISUSEprograms, NEGLIGENCEor programming devices designed to modify, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENTdelete, damage, or disable the Software or Your data. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK. TO PAY US FOR THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ANY MAINTENANCE SERVICES PERFORMED OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". " AND “AS AVAILABLE,” WITH ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONSFAULTS AND WITHOUT WARRANTY OF ANY KIND, AND TRANSPERFECT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE AND ANY SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY THE IMPLIED WARRANTY WARRANTIES AND/OR CONDITION CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTOF ACCURACY, SATISFACTORY QUALITY OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR ARISING FROM WRITTEN INFORMATION OR ADVICE GIVEN BY TRANSPERFECT OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A COURSE WARRANTY. SHOULD THE SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF DEALINGALL NECESSARY SERVICING, USAGEREPAIR, OR TRADE PRACTICECORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS, ARE HEREBY EXCLUDED SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFYOU.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty. A. 4.1. The Software Product shall be provided to you on an "as is" basis at the time of delivery, Yokogawa shall disclaim all of the warranties whatsoever, express or implied, and all liabilities therefrom. If you obtained Software directly any physical defect is found on the recording medium not later than twelve (12) months from usdelivery, we warrant for a period of thirty (30) days from the Purchase Date that (i) the media on which the Software is furnished will be Yokogawa shall replace such defective medium free of defects in materials and workmanship under normal use; and (ii) charge, provided that the Software will substantially conform to its Documentation. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (with respect defective medium shall be returned to the affected Software product), or refund service office designated by Yokogawa at your expense within the Software license feesaid twelve (12) months. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS LIMITED WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) PROVIDED IN THIS CLAUSE IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION LIEU OF ALL OTHER WARRANTIES OF ANY KIND WHATSOEVER AND YOKOGAWA HEREBY DISCLAIMS ALL OTHER TERM OF THIS AGREEMENT. YOU AGREE WARRANTIES RELATING TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER PRODUCT, WHETHER EXPRESSED OR DISTRIBUTORIMPLIED, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A ANY PARTICULAR PURPOSE, NONINFRINGEMENTNON-INFRINGEMENT, SATISFACTORY QUALITY QUALITY, FUNCTIONALITY, APPROPRIATENESS, ACCURACY, RELIABILITY AND RECENCY. IN NO EVENT SHALL YOKOGAWA WARRANT THAT THERE IS NO INCONSISTENCY OR ARISING FROM A COURSE OF DEALINGINTERFERENCE BETWEEN THE SOFTWARE PRODUCT AND OTHER SOFTWARE NOR SHALL BE LIABLE THEREFOR. The warranty provisions of the applicable law are expressly excluded to the extent permitted. 4.2. At the sole discretion of Yokogawa, USAGEYokogawa may upgrade the Software Product to the new version number ("Upgrade") and make it available to you at your expense or free of charge as Yokogawa deems fit. In no event shall Yokogawa be obliged to upgrade the Software Product or make the Upgrade available to you. 4.3. Certain maintenance service may be available for some types of Software Product at Yokogawa's current list price. Scope and terms and conditions of the maintenance service shall be subject to those separately provided by Yokogawa. Unless otherwise provided in Yokogawa catalogues or General Specifications, OR TRADE PRACTICEmaintenance services will be available only for the latest version and the immediately preceding version. In no event will service for the immediately preceding version be available for more than 5 years after the latest version has been released. In addition, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAWno service will be provided by Yokogawa for the Software Product which has been discontinued for more than 5 years. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMERNotwithstanding the foregoing, maintenance service may not be available for non-standard Software Product. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS"Further, IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFin no event shall Yokogawa provide any service for the Software Product which has been modified or changed by any person other than Yokogawa.

Appears in 1 contract

Samples: Software License Agreement

Limited Warranty. A. If you obtained Software directly from us, we warrant for a period of thirty (30) days from the Purchase Date that (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its DocumentationALL PRODUCTS ARE PROVIDED TO LICENSEE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. This limited warranty extends to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (with respect to the affected Software product), or refund the Software license fee. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH USE OF THE FOREGOING ON A T&M AND EXPENSE BASISPRODUCTS IS AT YOUR OWN RISK. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE JETBRAINS MAKES NO WARRANTY AS TO YOU WITH RESPECT ITS USE OR PERFORMANCE. TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTYTHE MAXIMUM EXTENT PERMIT- XXX BY APPLICABLE LAW, THE PRODUCTS JETBRAINS, AND SERVICES ARE PROVIDED "AS IS". ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PAR- TICULAR PURPOSE, NONINFRINGEMENTTITLE, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALINGAND NON-INFRINGEMENT, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED WITH REGARD TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED PRODUCTS, AND THE PROVISION OF OR FAILURE TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMERPROVIDE SUPPORT SERVICES. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS"LIMITED WAR- RANTY GIVES LICENSEE SPECIFIC LEGAL RIGHTS. LICENSEE MAY HAVE OTHERS, IS SUBJECT WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILI- ATES, AGENTS, DIRECTORS AND EMPLOYEES) DOES NOT WARRANT THAT THE TERMS OF THE THIRD PARTY LICENSEPRODUCTS ARE ACCURATE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS RELIABLE OR SERVICES; CORRECT, THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORSMEET YOUR RE- QUIREMENTS, PROBLEMS THAT THE PRODUCTS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR INTERRUPTIONSLOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFFECTS OR ERRORS OR BUGS WILL BE CORRECTED, COR- RECTED; OR THAT THE PRODUCT FUNCTIONALITY PRODUCTS ARE FREE OF VIRUSES OR SERVICES OTHER HARMFUL COMPO- NENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL MEET BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT PROPERTY OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFLOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

Appears in 1 contract

Samples: Toolbox Subscription License Agreement

Limited Warranty. A. If you obtained Software directly from us, we warrant FMI warrants for a period of thirty ninety (3090) days from the Purchase Date date of purchase of this License that (i) the media on which the Software is furnished as provided by FMI will be free of defects perform substantially in materials accordance with the accompanying documentation. FMI’s entire liability and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends to you personally and is not transferable. Your Licensee’s sole and exclusive remedy and for any breach of the entire liability of TIBCO and its licensors under this foregoing limited warranty will be, at our FMI’s option, to replacement of the Software, refund of the purchase price or repair or replace (with respect to the affected Software product), or refund replacement of the Software license feewhich is returned to FMI or an FMI authorized representative with a copy of the receipt. In the event of a refund, this Agreement shall terminate with respect to the affected Software product. B. THIS LIMITED WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES THE ONLY WARRANTY PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M FMI AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER FMI AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, CONDITIONS OR DISTRIBUTOROTHER TERMS, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE. C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EITHER EXPRESS OR IMPLIED CONDITIONS(WHETHER COLLATERALLY, REPRESENTATIONSBY STATUTE OR OTHERWISE), AND WARRANTIES INCLUDINGINCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, WITHOUT LIMITATION, ANY IMPLIED WARRANTY CONDITIONS OR CONDITION OTHER TERMS OF MERCHANTABILITY, SATISFACTORY QUALITY AND/OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE WITH REGARD TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS. FURTHERMORE, NONINFRINGEMENT, SATISFACTORY QUALITY THERE IS NO WARRANTY AGAINST INTERFERENCE WITH LICENSEE’S ENJOYMENT OF THE SOFTWARE OR ARISING FROM A COURSE AGAINST INFRINGEMENT OF DEALING, USAGETHIRD PARTY PROPRIETARY RIGHTS BY THE SOFTWARE. FMI DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR TRADE PRACTICETHAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FMI OR AN FMI AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, ARE HEREBY EXCLUDED CONDITIONS OR OTHER TERMS THE ABOVE LIMITATION MAY NOT APPLY TO THE EXTENT ALLOWED BY APPLICABLE LAWLICENSEE. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THIS DISCLAIMER AND THE THIRD PARTY LICENSELIMITED WARRANTY UNDER THIS SECTION 4 DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING THE SOFTWARE OTHERWISE THAN IN THE COURSE OF A BUSINESS, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF NEITHER DO THEY LIMIT OR EXCLUDE ANY PRODUCTS LIABILITY FOR DEATH OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S BEHALFPERSONAL INJURY CAUSED BY FMI’S NEGLIGENCE.

Appears in 1 contract

Samples: Volume License Agreement

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