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Common use of Limited Warranty Clause in Contracts

Limited Warranty. a. Mindjet warrants that the media on which the Software is distributed, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 4 contracts

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

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Limited Warranty. a. Mindjet (a) Licensor warrants that (the media on which “Limited Warranty”), for a period of one (1) year from the Software is distributeddate of Licensee’s purchase (the “Warranty Period”), if applicable, will be free from defects, and that the Software shall conform substantially to (a) perform and operate in material compliance with the description in its Documentation when used in a Supported Environment for specifications, and (b) at the first thirty (30) days time of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If delivery the Software does not substantially conform to the description in its Documentation, your sole remedy will be contain any virus or other malicious code that Mindjet shall, at its option and its sole discretion, correct the defects in would cause the Software to become inoperable or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use incapable of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and being used at all times and in accordance with the instructions in its Documentation; . (b) no modification, alterationThe Limited Warranty set forth above does not apply and become null and void if Licensee breaches any provision of this Agreement, or addition has been made if Licensee or any other person provided access to the Software product by persons Licensee whether or not in violation of this Agreement: (i) installs or uses the Software on or in connection with any hardware or software other than Mindjet the Equipment and that is not specified in the Documentation or its authorized representativeby Licensor; and (ii) modifies or damages the Software; or (iii) misuses the Software, including any use of the Software other than as specified in the Documentation or authorized by Licensor. (c) Mindjet receives written notice If, during the Warranty Period any Software fails to comply with the Limited Warranty, and such failure is not excluded from warranty pursuant to Section 11.2(b), Reseller shall, subject to Licensee promptly notifying Reseller in writing of such failure, at its sole option, either: (i) repair or replace the Software, provided that Licensee provides Reseller with all information Licensor requests to resolve the reported failure, including sufficient information to enable the Reseller to recreate such failure; or (ii) refund the License Fees paid for such Software, subject to Licensee ceasing all use of and, if requested by Reseller, returning to Reseller all copies of the non-conformity within Software. If Reseller repairs or replaces the warranty periodSoftware, the Limited Warranty will continue to run in accordance with the original Warranty Period and not from Licensee receipt of the repair or replacement. This is your sole and exclusive remedy for a breach of The remedies set forth in this limited warranty and MindjetSection 11 are Licensee’s sole remedies and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to Licensor’s sole liability under the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOULimited Warranty.

Appears in 3 contracts

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

Limited Warranty. a. Mindjet a) Bloomberg Tax represents and warrants that it has the media on which the Software is distributed, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable right to make the deficient licensed software substantially conform Software available to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (aCustomer under this Agreement. b) the Software has been properly installed and Bloomberg Tax warrants that when used at all times and in accordance with the instructions help documentation available within the applicable Software product, describing the features and functionality, which may be updated from time to time, such Software will conform to such help documentation in all material respects during the term of the applicable Order Form. In the event of the Software’s failure to so conform, Bloomberg Tax, at its Documentationsole option, will repair or replace said Software to the extent Bloomberg Tax shall deem reasonably necessary to restore the item to perform in accordance with the applicable specifications. In the event that Bloomberg Tax is unable to provide the remedy set forth above within a commercially reasonable period of time, Bloomberg Tax shall credit to Customer any pre-paid Software license fees, pro-rated based upon the period of time that Customer was unable to use such defective Software, and Customer’s license to such software shall then cease. The foregoing warranty does not apply to Software to the extent such Software (including but not limited to data mappings or import templates) (i) has been modified by any party other than Bloomberg Tax, or without Bloomberg Tax’s prior written consent; (bii) no modification, alteration, or addition has been made to the Software product improperly installed by persons Customer or installed by anyone other than Mindjet Bloomberg Tax or its (iii) is used in a manner other than as authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty periodunder this Agreement. This is your The remedies set forth in this paragraph are Customer’s sole and exclusive remedy for a breach of this limited warranty remedies, and Mindjet’s Bloomberg Tax's sole and entire exclusive liability. The foregoing excludes , for the failure of the Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to conform to the maximum extent permitted by applicable law. specifications. c) EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTYAS SPECIFICALLY PROVIDED IN THIS AGREEMENT, ALL SOFTWARE IS PROVIDED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET CUSTOMER “AS IS.” BLOOMBERG TAX AND ITS LICENSORS PROVIDE SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE MERCHANTABILITY AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS OR CLAIM OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS ANY KIND RELATING IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT ANY WAY TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET SOFTWARE, ANY CONTENT CONTAINED THEREIN, AND ELECTRONIC COMMUNICATIONS ANY RESULTS GENERATED BY THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT COVERED BY BLOOMBERG TAX’S IP INDEMNITY OBLIGATIONS SET FORTH BELOW, CUSTOMER AGREES TO DEFEND, INDEMNIFY AND MINDJET EXPRESSLY IS NOT HOLD BLOOMBERG TAX AND WILL NOT BE RESPONSIBLE FOR ITS SUPPLIERS HARMLESS FROM AND AGAINST ANY DELAYSAND ALL THIRD PARTY CLAIMS AND LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO ITS USE OF THE SOFTWARE, DELIVERY FAILURESANY CONTENT CONTAINED OR STORED THEREIN, OR OTHER DAMAGE RESULTING FROM AND ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW RESULTS GENERATED BY THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUSOFTWARE.

Appears in 3 contracts

Samples: Tax License Agreement, Services Agreement, Tax License Agreement

Limited Warranty. a. Mindjet A. 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 from the SOFTWARE. B. Except with respect to REDISTRIBUTABLES and Source Code, which are provided "AS IS," without warranty of any kind, Infragistics warrants that the media on which the Software is distributed, if applicable, SOFTWARE will be free from defects, and that the Software shall conform perform substantially to the description in accordance with its Documentation when used in accompanying documentation for a Supported Environment for the first period of thirty (30) days of from the License TermEffective Date. INFRAGISTICS DOES NOT PROVIDE ANY TECHNICAL SUPPORT FOR SOURCE CODE. C. Except as set forth in Section XII.B, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE INFRAGISTICS AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS ITS LICENSORS AND/OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION ANY OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREEFREE FROM BUGS, ERRORS, OR THAT DEFECTS 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 SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONSTRADE, DELAYSBY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND OTHER PROBLEMS INHERENT IN THE USE ALL (i) WARRANTIES OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE MERCHANTABILITY, (ii) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY DELAYSPURPOSE (WHETHER OR NOT INFRAGISTICS KNOWS, DELIVERY FAILURESHAS REASON TO KNOW, HAS BEEN ADVISED, OR OTHER DAMAGE RESULTING FROM IS OTHERWISE AWARE OF ANY SUCH PROBLEMSPURPOSE), OR (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUNO SUCH WARRANTIES.

Appears in 3 contracts

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

Limited Warranty. a. Mindjet 8.1 Nuance warrants that that, for a period of ninety (90) days after the media on which delivery date (the “Warranty Period”), the Software will perform in all material respects in accordance with the Documentation accompanying the Software. If any copy of the Software is distributed, if applicable, will be free from defects, and that found not to perform materially in accordance with the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your Nuance will correct such error or malfunction or (at Nuance’s sole remedy will be that Mindjet shalloption) replace such Software free of charge as soon as is reasonably practicable, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (ai) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentationfor use; (bii) no modification, alteration, modification or addition has been made to the Software product by persons other than Mindjet or its authorized representativewithout Nuance’s prior ******* - Material has been omitted and filed separately with the Commission. written consent; and (ciii) Mindjet receives written notice Nuance has been promptly notified of the alleged non-conformity within the Warranty Period specified. 8.2 MedQuist will send each claim of MedQuist under this warranty periodto Nuance in accordance with the notice provisions of this Agreement. Each such claim will state generally the nature of the alleged non-conformity. If Nuance determines in its sole discretion to repair the Software (or such portion of it as is giving rise to the non-conformity), MedQuist will afford Nuance a reasonable time in which to do so. Any Software so repaired or replaced will be warranted for such period of time as is remaining in the original Warranty Period. 8.3 This Limited Warranty is subject to the terms of Section 12 below. This Limited Warranty is your sole Nuance’s only obligations and the exclusive remedy for a breach of this limited the End User with respect to the Nuance supported Products and Nuance’s only warranty with respect to the Products to the End User. Nuance will have no responsibility whatsoever with respect to the Products if the failure is due to accident, abuse, or misapplication on the part of MedQuist or the End User. 8.4 MedQuist may offer any warranty that Nuance makes hereunder to any End Users provided that warranty claims by MedQuist’s End Users will be made solely against MedQuist and Mindjet’s sole and entire liabilitynot Nuance. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not warranties contained in this Agreement are solely for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty the benefit of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUMedQuist.

Appears in 3 contracts

Samples: Oem Supply Agreement (CBaySystems Holdings LTD), Oem Supply Agreement (Medquist Inc), Oem Supply Agreement (Medquist Inc)

Limited Warranty. a. Mindjet Vertifi warrants that the media on which Licensed Software will operate substantially in compliance with the Software is distributed, if applicable, will be free from defects, and that the Software shall conform substantially Documentation for a period of ninety (90) days after its delivery to You. Any supplements or Updates to the description in its Documentation when used in a Supported Environment for Licensed Software provided to You after the first thirty (30) days expiration of the License Termninety- (90) day limited warranty period are not covered by any warranty or condition, unless otherwise required by applicable lawexpress or implied. If the media is defective, your sole remedy in In the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet the foregoing warranty, You must notify Vertifi within the warranty such 90-day period. If In the Software does not substantially conform to event that You notify Vertifi of a breach of the description in its Documentationforegoing warranty within such 90-day period, your sole remedy will be that Mindjet shallVertifi will, at its option and its sole discretionoption, either (i) use commercially reasonable efforts to correct the defects in the Software or any substantial non-conformity, (ii) replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use nonconforming item of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alterationLicensed Software, or addition has been made to (iii) return the Software product fee paid by persons other than Mindjet or its authorized representative; You for such item of Licensed Software. The foregoing will be Vertifi’s entire liability and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your Your sole and exclusive remedy for a breach of under the foregoing limited warranty. Vertifi will have no liability under this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted that (a) the Licensed Software has been misused or exposed to environmental or operating conditions beyond those specified by applicable lawVertifi, (b) the Licensed Software has been damaged or altered by accident, neglect, misuse or other abuse, (c) the claimed defect has been caused, in whole or in part, by a person or persons other than Vertifi, by products or software not provided by Vertifi, or by circumstances not under Vertifi's control, or (d) You fail to incorporate all error fix releases that Vertifi has provided. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTYFOREGOING, THE LICENSED SOFTWARE IS LICENSED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU“AS IS.

Appears in 3 contracts

Samples: End User License Agreement, Vertifi Services Software End User License Agreement, End User License Agreement

Limited Warranty. a. Mindjet warrants Subject to the full payment of the applicable license fees, Licensor warrants, for your benefit only, that the media on which the Software is distributed, if applicable, provided will be materially free from defects, defects in material and workmanship under normal use for a period of three (3) months from the date on which a Term License was granted to you. Licensor does not warrant that the Software shall conform substantially be uninterrupted, that the operation of the Software will be error free or that it shall meet your requirements. This limited warranty is void if (i) failure of the Software has resulted from accident, abuse, unauthorized use or misapplication; (ii) any modifications were made to the description Software by you or any third party; (iii) the Software has not been properly installed, operated, repaired or maintained in its Documentation when accordance with the instructions supplied by Licensor; or (iv) the Software was used on or in a Supported Environment for conjunction with hardware or software other than hardware and software with which the first thirty (30) days of Software was designed to be used as described in the License Term, unless otherwise required by applicable lawDocumentation. If the media is defective, your sole remedy in In the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentationwarranty, your Licensor's sole remedy will be that Mindjet shallobligation shall be, at its option and its sole discretion, correct the defects in to replace or repair the Software or replace component thereof that does not meet the defective licensed softwareforegoing limited warranty, and, if Mindjet is unable to make free of charge. Any replacement or repaired component will be warranted for the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use remainder of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modificationoriginal warranty period or 30 days, alteration, or addition has been whichever is longer. Warranty claims should be made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice within 90 days of purchase of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawTerm License. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTYWARRANTY SET FORTH ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT MEDIA AND THE SOFTWARE ARE LICENSED "AS IS", AND LICENSOR HEREBY DISCLAIMS ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORYINCLUDING, OR IN WITHOUT LIMITATION, ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEPERFORMANCE, QUIET ENJOYMENTACCURACY, AND NONINFRINGEMENT RELIABILITY OR NON- INFRINGEMENT. NO LICENSOR’S DEALER, CHANNEL PARTNER, RESELLER, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. THIS DISCLAIMER OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUTHIS AGREEMENT.

Appears in 3 contracts

Samples: Master License Agreement, Master License Agreement, Master License Agreement

Limited Warranty. a. Mindjet warrants that the media on which the Software is distributed, if applicable, will be free from defects, and that the Software shall conform substantially 15.1 NEC Display extends a limited warranty solely to the description in its Documentation when used in a Supported Environment for the first thirty (30) days end-user of the License TermProducts as set forth in the Limited Warranty Statement accompanying each Product. Reseller will make no warranty representation on NEC Display’s behalf beyond those contained in the applicable Limited Warranty Statement, unless otherwise required previously agreed to in writing by applicable lawNEC Display or its authorized representative. If The warranty shall commence when the media is defectiveProducts are resold to the end-user by the NEC Display Authorized Reseller, your sole remedy in subject to the terms and conditions of the Limited Warranty Statement. NEC Display makes no warranty to Reseller with respect to the Products. In the event of a breach of this any Product fails to operate according to NEC Display’s specifications prior to being resold to an end-user, Reseller’s exclusive remedy and NEC Display’s sole responsibility shall be (1) to repair the Product and obtain warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and reimbursement in accordance with the instructions then current NEC Display Authorized Service Center (NASC) procedures, or (2) the return and replacement of the Product in its Documentationaccordance with NEC Display’s then prevailing policy. 15.2 The above warranty is contingent upon the proper use of the Products and will not apply to Products on which the original identification marks have been removed or altered. In addition, this warranty shall not apply to defects or failure due to: (1) accident, neglect or misuse; (b2) no modificationfailure or defect of electrical power, alterationexternal electrical circuitry, air-conditioning or humidity control; (3) the use of items not provided by NEC Display; (4) unusual stress; (5) any party other than NEC Display or an authorized NEC Display representative modifying, adjusting, repairing, or addition has been made to servicing the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. Product. 15.3 EXCEPT FOR THE PRECEDING EXPRESS WARRANTY CONTAINED IN THE LIMITED WARRANTYWARRANTY STATEMENT ACCOMPANYING THE PRODUCT, TO NEC DISPLAY DISCLAIMS ALL WARRANTIES AND IMPLIED CONDITIONS, INCLUDING THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, BUT NOT LIMITED TO, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF PRODUCTS, WHETHER MADE BY NEC DISPLAY’S EMPLOYEES OR OTHERWISE, WHICH IS NOT CONTAINED IN THIS AGREEMENT, SHALL BE DEEMED TO BE A WARRANTY BY NEC DISPLAY FOR ANY KINDPURPOSE, OR GIVE RISE TO ANY LIABILITY OF NEC DISPLAY WHATSOEVER. THE ABOVE WARRANTY IS WARRANTIES AND CORRESPONDING REMEDIES AS STATED IN THIS SECTION 15 ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OTHERS WRITTEN OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUORAL.

Appears in 3 contracts

Samples: Authorized Reseller Agreement (Strong Global Entertainment, Inc), Authorized Reseller Agreement (Strong Global Entertainment, Inc), Authorized Reseller Agreement (Ballantyne Strong, Inc.)

Limited Warranty. a. Mindjet RedSeal warrants that the media on which the Software is distributed, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed Hardware and used at all times and Software, as delivered, will perform substantially in accordance with the instructions applicable Documentation for a period of ninety days from the date of initial delivery to Licensee and that any Maintenance and Professional Services shall be performed in a professional manner. RedSeal makes no warranty that the operation of the Products will be uninterrupted or error-free, that the Products will meet Licensee’s requirements or that the Products will operate in combination with hardware or software not provided by RedSeal. In the event that the Products or Professional Services do not conform with the above warranties, RedSeal’s entire liability and Licensee’s sole remedy shall be for RedSeal to (i) with respect to Software, use its reasonable efforts to correct any reproducible error confirmed by RedSeal; provided, however, that Licensee acknowledges that RedSeal may not be able, and shall have no obligation, to correct all errors or (ii) with respect to Maintenance or and Professional Services, re-perform such Maintenance or and Professional Services at no additional charge to Licensee. In the event the Hardware does not conform to the above warranties, RedSeal’s entire liability and Licensee’s sole remedy shall be for RedSeal to provide repaired or replacement Hardware to Licensee pursuant to RedSeal’s then current RMA process. RedSeal’s warranty shall not extend to errors that result from: (i) Licensee’s failure to implement any Updates which are provided by RedSeal; (ii) use of the Products other than in accordance with the Documentation; (biii) no modificationany alterations of or additions to the Products performed by parties other than RedSeal; (iv) use of the Products in a manner for which they were not designed or outside the scope of this Agreement; (v) accident, alterationnegligence, or addition has been made to misuse of the Software product Products by persons any party other than Mindjet RedSeal; or its authorized representative; and (cvi) Mindjet receives written notice combination of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available Products with other products not supplied by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOURedSeal.

Appears in 3 contracts

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

Limited Warranty. a. Mindjet warrants Licensee assumes all responsibility for the selection of the SOFTWARE PRODUCT as appropriate to achieve the results he/she intends. GemBox does not warrant that the media on which the Software is distributed, if applicable, SOFTWARE PRODUCT and documentation will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable lawvirus or error-free. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided GemBox warrants that: (a) the Software has been properly installed and used at all times and in accordance with the instructions SOFTWARE PRODUCT shall perform substantially as described in its Documentationdocumentation for a period of thirty (30) days from purchase; (b) no modification, alteration, or addition has been made to any Support Services provided by GemBox shall be substantially as described in the Software product by persons other than Mindjet or its authorized representativeaccompanying GemBox materials; and (c) Mindjet receives written notice of the non-conformity within GemBox Support Team will make commercially reasonable efforts to solve any problem covered by the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawwarranty. 12.1. EXCEPT FOR THE PRECEDING EXPRESS FOREGOING LIMITED WARRANTY, WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE PRODUCT IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES WARRANTY OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER KIND EITHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. 12.2. GemBox’s entire liability and Licensee's exclusive remedy for breach of Section 12. shall be, TITLEat the option of GemBox, QUIET ENJOYMENTeither: (a) return of the purchase price; or (b) repair or replacement of the SOFTWARE PRODUCT where it is covered by the GemBox limited warranty. The limited warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTSabuse, or misapplication or breach of the terms of this Agreement. MINDJET DOES NOT WARRANT THAT THE Any replacement SOFTWARE WILL MEET YOUR REQUIREMENTSPRODUCT will be warranted for the remainder of the original warranty period or remainder of the thirty (30) day period from the date of original purchase of the SOFTWARE PRODUCT, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUwhichever is longer.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

Limited Warranty. a. Mindjet GW warrants that the media on which the Software is distributedthat, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in for a Supported Environment for the first period of thirty (30) days from the date of delivery of the License TermGW Product (the “Warranty Period”), unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not it shall perform substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your Subscriber‟s sole and exclusive remedy for a any breach of this limited the foregoing warranty and Mindjet’s shall be to have GW or its representatives, at their option, modify such GW Product to correct the defect giving rise to such breach within a reasonable period. If GW is unable to modify the defective GW Product in such a way as to correct the said defect, then, unless GW is able to provide Subscriber with another method of achieving the desired effect, GW shall be entitled to terminate the Agreement by giving written notice thereof. In such event, Subscriber shall be entitled to a refund, of any subscriber fees paid by Subscriber to GW for such defective GW Product. GW warrants that it will perform any Professional Services purchased hereunder in a manner consistent with industry standards reasonably applicable to the performance of such services. As Subscriber‟s sole and entire liability. The foregoing excludes Software made available by Mindjet exclusive remedy, and GW‟s sole liability for any breach of the preceding warranty, GW shall re-perform such services at no additional charge. If the Professional Services are not performed as warranted or the work product does not so comply, including without limitation then, upon Subscriber‟s written request, GW shall promptly re- perform, or cause to be re-performed, such Professional Services, at no additional charge to Subscriber. Such warranties and other obligations shall only survive for thirty (30) days following the completion of the Professional Services. Such re-performance shall be Subscriber‟s exclusive remedy and GW‟s sole liability for any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawsuch non-performance. EXCEPT FOR THIS LIMITED WARRANTY THE PRECEDING EXPRESS LIMITED WARRANTYGW PRODUCTS ARE PROVIDED TO SUBSCRIBER “AS IS.” THIS WARRANTY IS GIVEN IN LIEU OF, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAWAND SUBSCRIBER HEREBY WAIVES, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY ALL OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITYTITLE, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT PURPOSE OR ARISING FROM A COURSE OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION DEALING OR USAGE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUTRADE.

Appears in 2 contracts

Samples: Carahsoft Rider to Application Security End User License Agreement, Carahsoft Rider to Application Security End User License Agreement

Limited Warranty. a. Mindjet The following limited warranty applies to You only if You are the original licensor of the Program. Sage warrants that the media Program substantially conforms to the specifications contained in the Documentation for a period of sixty (60) days from Your purchase, as evidenced by Your receipt (the "Limited Warranty Period"), provided that the Program is used on the computer operating system for which it was designed. Receipt of revisions or upgrades to the Software is distributed, if applicable, Program shall not restart or otherwise affect the warranty period for previously delivered copies or versions. Sage does not represent or warrant that Your use of the Program will be free from defectsuninterrupted or error free. b. Provided You notify Sage in writing during the Limited Warranty Period of a substantial non-conformity between the Documentation and the Program, and if Sage is able to replicate and verify that such substantial non-conformity exists, Sage shall replace or correct the Program, at Sage's sole option, so that the Software shall conform Program substantially conforms to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software specifications or replace the defective licensed softwaremedia, andas the case may be, if Mindjet or You may return all copies of the Program and Sage shall remit to You the license fee You paid, up to the amount of Sage's suggested list price for the Program. This Section 5(b) states Your SOLE AND EXCLUSIVE REMEDY for any breach of warranty hereunder. c. No employee, agent or representative of Sage, nor any reseller (including the person or company who sold You the Program) or any other third party, is unable authorized to make the deficient licensed software substantially conform any warranty with respect to the description Program, except those expressly stated in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software Sections 5(a) and terminate your license to the Software provided that: (a5(b) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty Agreement, and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation You may not rely on any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUsuch unauthorized warranty.

Appears in 2 contracts

Samples: License Agreement, License Agreement

Limited Warranty. a. Mindjet 10.1. CloudNine warrants that it has sufficient rights to grant the rights in the Program pursuant to this Agreement; CloudNine further warrants that the media on which the Software is distributed, if applicable, Program will be free from defects, and that the Software shall conform operate substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with its written specifications. No warranty is made that the instructions in Program will run uninterrupted or error-free. The warranty period for the Program and Documentation is ninety (90) days from the date the Program is first made available for Your use (“Warranty Period”). 10.2. CloudNine’s and its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; suppliers’ entire liability and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and Your exclusive remedy for a any breach of this limited warranty and Mindjetor for any other breach of this Agreement or for any other liability relating to the Program shall be, at CloudNine’s sole and entire liabilityoption from time to time exercised subject to applicable law, (a) repair, or (b) replacement. The foregoing excludes Software made available You will receive the remedy elected by Mindjet at no CloudNine without charge, including except that You are responsible for any expenses You may incur (e.g., cost of shipping the Program to CloudNine). This limited warranty is void if failure of the Program has resulted from accident, abuse, misapplication, abnormal use or malware. Any replacement Program will be warranted for the remainder of the original warranty period or forty-five (45) days, whichever is longer, and CloudNine will use commercially reasonable efforts to provide You with a remedy within a commercially reasonable time of Your compliance with CloudNine’s warranty remedy procedures. Outside of the United States, neither these remedies nor any product support services offered by CloudNine are available without limitation any trial or NFR (not for resale) license or proof of subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawfrom an authorized international source. 10.3. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, WARRANTIES ARE THE ONLY WARRANTIES RELATED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAWPROGRAM, MINDJET DOCUMENTATION AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE SUPPORT SERVICES AND ARE MADE IN LIEU OF ALL OTHER WARRANTIESWARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, STATUTORYINCLUDING, OR IN BUT NOT LIMITED TO, ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON- INFRINGEMENT. 10.4. If an implied warranty or condition is created by Your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, TITLEYou also have an implied warranty or condition, QUIET ENJOYMENTBUT ONLY AS TO DEFECTS DISCOVERED DURING THE WARRANTY PERIOD. AS TO ANY DEFECTS DISCOVERED AFTER THE WARRANTY PERIOD, AND NONINFRINGEMENT THERE IS NO WARRANTY OR CONDITION OF INTELLECTUAL PROPERTY RIGHTSANY KIND. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTSSome states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREEso the above limitation may not apply to You. This limited warranty gives You specific legal rights. You may have other rights which vary from state/jurisdiction to state/jurisdiction. 10.5. CloudNine is acting on behalf of its suppliers for the purpose of disclaiming, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONSexcluding, DELAYSand/or limiting obligations, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYSwarranties, DELIVERY FAILURESand liability as provided in this Agreement, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUbut in no other respects and for no other purpose.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

Limited Warranty. a. Mindjet 5.1. The following limited warranty applies to You only if You are the original licensee of the Program. Sage warrants that the Program substantially conforms to the specifications contained in the Documentation that was included in the original packaging for Your Program and/or located within the software for a period of sixty (60) days from Your purchase, as evidenced by Your receipt (the “Limited Warranty Period”), provided that: (a) the Program is used on the Client Device for which it was designed; (b) You or a third party acting at Your direction have not operated the Program in a manner outside of the parameters outlined in the Documentation; and (c) all product updates that Sage made available to You have been properly installed. Sage further warrants that the media on which the Software Program is distributed, if applicable, furnished will be free from defectsdefects in material or workmanship for the Limited Warranty Period. Receipt of revisions or upgrades to the Program shall not restart or otherwise affect the warranty period for previously delivered copies. All warranties stated in this Agreement apply only when the Program is used within Canada. Sage does not represent or warrant that Your use of the Program will be uninterrupted or error free. 5.2. Provided You notify Sage in writing during the Limited Warranty Period of a substantial non-conformity between the Documentation and the Program, and if Sage is able to replicate and verify that such substantial non-conformity exists, Sage shall replace or correct the Program, at Sage’s sole option, so that the Software shall conform Program substantially conforms to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software specifications or replace the defective licensed softwaremedia, andas the case may be, if Mindjet or You may return all copies of the Program and Sage shall remit to You the license fee You paid, up to the amount of Sage’s suggested list price for the Program. This Section 5.2 states Your SOLE AND EXCLUSIVE REMEDY for any breach of warranty hereunder. 5.3. No employee, agent or representative of Sage, nor any reseller (including the person or company who sold You the Program) or any other third party, is unable authorized to make the deficient licensed software substantially conform or give any representation, warranty condition or guarantee with respect to the description in its Documentation after such commercially reasonable effortsProgram, to discontinue your use of except for the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole remedy stated in Sections 5.1 and entire liability. The foregoing excludes Software made available by Mindjet at no charge5.2 of this Agreement, including without limitation and You may not rely on any trial such unauthorized representation, warranty, condition or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUguarantee.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

Limited Warranty. a. Mindjet Imprivata warrants that the media on which the Software is distributed, if applicable, will be free from defects, and (a) that the Software shall will conform substantially to Imprivata's published user documentation as of the description in its Documentation when used in date of the Software shipment for a Supported Environment for the first period of thirty (30) days thereafter and (b)that it will provide any services agreed to between the parties in a good and workmanlike manner consistent with industry standards. This warranty is a limited warranty. It does not apply to (a) Software and other products identified in their product description as being sold or licensed "as-is"; (b) Software and other products identified as "beta" or "pre-release" or the like; all of which are supplied on an "as-is" basis without any warranty of any sort, and (c) Third Party Code. Imprivata will have no obligation hereunder if the alleged defect is due to (a) causes not within Imprivata's control, including alteration or abuse of the License TermSoftware; (b) use of the Software other than as permitted hereby or in accordance with its published specifications; or (c) any condition resulting, unless otherwise required by applicable lawin whole or in part, from your negligence, or abuse, accident or natural disaster. If the media is defectiveIn such event Imprivata's then-current charges may apply for any services provided pursuant to this Section. Imprivata's sole liability, and your sole remedy in the event of a and exclusive remedy, for any breach of this the foregoing limited software warranty will be is that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet Imprivata shall, at its option and its sole discretionoption, correct the defects in the Software repair or replace the defective licensed software, Software so that it conforms to the limited warranty set forth above or terminate this Agreement and, on your return to Imprivata of the Software (with any Software installed on Hardware or your Computers, and media and documentation)and, if Mindjet is unable to make you purchased the deficient licensed software substantially conform to Hardware from Imprivata, the description in its Documentation after such commercially reasonable effortsHardware, to discontinue your use refund to you the price paid therefore, and for any breach of the licensed software and terminate your license to the Software foregoing limited services warranty, is that Imprivata shall reperform such services provided that: (a) the Software has been properly installed and used at all times and you notify Imprivata in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty writing of any kind to such breach within thirty (30) days after the maximum extent permitted by applicable lawperformance of any nonconforming services. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL IMPRIVATA MAKES NO OTHER WARRANTIES, WHETHER EXPRESS EXPRESS, IMPLIED OR IMPLIED, STATUTORY, AND ALL OTHER WARRANTIES AS TO QUALITY, CONDITION, ACCURACY OR IN ANY OTHER PROVISION COMPLETENESS OF THIS XXXXRESPONSES, RESULTS, REASONABLE CARE OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES WORKMANLIKE EFFORT, LACK OF MERCHANTABILITYNEGLIGENCE, FITNESS FOR A PARTICULAR PURPOSE, TITLELACK OF VIRUSES, QUIET ENJOYMENT, TITLE AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY ARE EXPRESSLY DISCLAIMED. The Software is not warranted to be error free. You acknowledge that Imprivata does not guarantee compatibility between the Software and any future versions thereof. You will have sole responsibility for the adequate protection and backup of your data and/or equipment used with the Software. THIS LIMITED WARRANTY GIVES YOU SPECIFIC RIGHTS. MINDJET DOES NOT WARRANT YOU MAY HAVE OTHER RIGHTS THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT VARY FROM STATE TO LIMITATIONS, DELAYSSTATE, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMSCOUNTRY TO COUNTRY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUPlease contact Imprivata if you wish to purchase additional maintenance and support services.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

Limited Warranty. a. Mindjet Licensor warrants to Licensee that during the media first sixty (60) days after the Delivery Date (the "Warranty Period") the Licensed Products will conform to Licensor's published specifications in effect on which the Software is distributed, if applicable, will be free from defectsDelivery Date, and that the Licensed Software shall conform will perform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy as described in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty periodaccompanying Licensed Documentation. If the Software Licensor does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: warrant (a) that the Licensed Software has been properly installed and used at all times and in accordance with the instructions in its Documentationwill meet Licensee's requirements; (b) no modification, alteration, or addition has been made to that operation of the Licensed Software product by persons other than Mindjet or its authorized representativewill be uninterrupted; and (c) Mindjet receives written notice that the Licensed Product is error free; (d) that all defects in the Licensed Product will be corrected; or (e) any change or modification of the non-conformity within Licensed Software made by Licensee; provided, however, any change or modification properly made by Licensee in accordance with instructions contained in the Licensed Documentation for the Licensed Software shall not void the warranty periodprovided by Licensor herein. Laws from time to time in force may imply warranties that cannot be excluded or can only be excluded to a limited extent. This is your sole Agreement shall be read and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation construed subject to any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawsuch statutory provisions. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTYAS EXPRESSLY PROVIDED IN THIS AGREEMENT, LICENSOR MAKES NO OTHER WARRANTIES OR REPRESENTATIONS RELATING TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET LICENSED SOFTWARE OR ITS PERFORMANCE OR WITH RESPECT TO THE LICENSED DOCUMENTATION AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF LICENSOR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE LICENSED PRODUCTS, WHETHER EXPRESS OR IMPLIED, STATUTORYARISING BY LAW, CUSTOM, PRIOR ORAL OR IN WRITTEN STATEMENTS BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVES OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, SYSTEM INTEGRATION, SUITABILITY, ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE). No warranties as may be set forth herein shall be applicable to any Licensed Products offered as a demo or trial use free of charge, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERRORwhich shall be accepted by Licensee on an "AS-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUIS" basis.

Appears in 2 contracts

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

Limited Warranty. a. Mindjet Subject to the below provisions of this Section 4, GenMark warrants that each Product sold or otherwise provided to the media on which the Software is distributedCustomer under this Agreement will perform in accordance with its Product specifications (as such specifications are set forth in, if as applicable, will the package insert or user manual originally included with such Product when delivered to the Customer) for: (i) if such Product is an Instrument, then one (1) year from the date of shipment; and (ii) if such Product is a Kit, then *** days from the date of shipment, provided that, with respect to any component of any such Product that has any shelf life date, expiration date, “use by” date, “guaranty date” or other end of recommended use date (each, an “Expiration Date”), or whose usage is limited to a specified number of uses, as stated on such Product or component or the packaging thereof or the documentation provided therewith, the warranty period for such Product or component shall be free the lesser of *** days from defectsthe date of shipment or the period from date of shipment until such Expiration Date or such stated uses have occurred. As GenMark’s sole liability for, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your Customer’s sole remedy in the event for, any failure of a breach of this warranty will be that Mindjet will replace any defective media returned Product to Mindjet within the warranty period. If the Software does not substantially conform to the description foregoing warranty, GenMark will, at GenMark’s option, repair or replace such Product that does not conform to this warranty or, in its Documentationdiscretion and with respect to any Product that is a Kit, your sole remedy will be that Mindjet shall, at its option take back the nonconforming Kit and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform refund to the description in its Documentation after such commercially reasonable efforts, to discontinue your use Customer that portion of the licensed software purchase price paid by the Customer for such Kit, provided that in each case GenMark is notified by the Customer of the nonconforming Product as provided above in Section 3. Notwithstanding anything else, the warranty period on (A) any repaired or replacement Instrument or on any repaired part of an Instrument shall be the greater of *** days from the date of shipment or the remaining term of the original warranty period for the original Instrument, and terminate your license (B) on any repaired or replacement Kit or on any repaired part of a Kit shall be the lesser of *** days from the date of shipment or the period from date of shipment until such Expiration Date or such stated uses have occurred. *** Portions of this page have been omitted pursuant to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance a request for Confidential Treatment filed separately with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUCommission.

Appears in 2 contracts

Samples: Reagent Rental Agreement (GenMark Diagnostics, Inc.), Reagent Rental Agreement (GenMark Diagnostics, Inc.)

Limited Warranty. a. Mindjet BUYER shall notify CASCODA in writing of any visible defects, quantity shortages or incorrect shipments of PRODUCTS within seven (7) days of receipt of the shipment. If no such notice has been given, then the PRODUCTS are deemed accepted by the BUYER, who shall be deemed to have waived any rights to return PRODUCTS on the basis of visible defects, shortages or incorrect shipments. The Warranty Period (“WARRANTY PERIOD”) shall mean the period of 12 months starting on the date of acceptance or deemed acceptance of the PRODUCTS. CASCODA warrants that during the media WARRANTY PERIOD the PRODUCTS shall function, in all material respects, as specified in the Datasheet. Any claim by the BUYER which is based on defects or failures detected in the PRODUCTS during the WARRANTY PERIOD must be notified to CASCODA within 7 days from the date on which the Software is distributeddefect or failure became apparent. Any such claim must be accompanied by the following, which may be obtained by contacting CASCODA’s QA department: (a) a Failure Report Form, which shall be completed so as to include a detailed description of the scope and nature of the defect or failure and (b) a valid Return Material Authorisation (RMA) number together with the said PRODUCTS (or a sample thereof if applicableCASCODA so specifies). PRODUCTS returned without both of the above will not qualify for any warranty under this Section 7. In the event of such a timely and correct notification by BUYER, will be free from defectsCASCODA shall, at its own discretion, either: (a) repair or replace the defective PRODUCTS or (b) refund the original purchase price upon return of the defective PRODUCTS, and that the Software this shall conform substantially be BUYER’s sole remedy for breach of warranty. CASCODA shall apply reasonable efforts to the description in its Documentation when used in a Supported Environment for the first action this remedy within thirty (30) days from receipt of properly returned PRODUCTS. The returned PRODUCTS must comply with the packing and shipping conditions of the License Termoriginal PRODUCTS (i.e. antistatic and moisture precautions as specified by standard IPC/JEDEC J-STD-033C). This warranty does not apply to any PRODUCTS which have been subject to misuse (including electrostatic discharge), unless otherwise required neglect, accident or modification or which have been soldered or altered such that they are not capable of being tested by applicable lawCASCODA under normal test conditions or to usage of the PRODUCTS in conditions, environments or modes other than those described in CASCODA’s published specifications or datasheets. If the media CASCODA does not assume or authorize any other person to assume for it any other liability in connection with its PRODUCTS. It is defective, your sole remedy in the event of a breach of anticipated that BUYER shall pass this warranty will be that Mindjet will replace to any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use third-party purchaser of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and MindjetCASCODA’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUPRODUCTS.

Appears in 2 contracts

Samples: Terms and Conditions, Terms and Conditions

Limited Warranty. a. Mindjet warrants 5.1. The Software is warranted for ninety (90) days after its initial delivery to You that it will substantially conform with its Documentation supplied by Rockwell Automation at the time of initial delivery of the Software. Rockwell Automation will use commercially reasonable efforts designed to identify and remove any viruses or other similar intentionally harmful code from the Software prior to delivery to You. Defective media on which the Software is distributed, if applicable, was delivered will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media replaced without charge if returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within during the warranty period. This is your sole and exclusive remedy for a warranty shall be void if You attempt to modify the Software in any way or use the Software in breach of this limited warranty and Mindjet’s sole and entire liabilityXXXX. The foregoing excludes Xxxxxxxx Automation makes no representation or warranty, express or implied, that the operation of the Software will be uninterrupted or error free, or that the functions contained in the Software will meet or satisfy Your intended use or requirements; You assume complete responsibility for decisions made available by Mindjet at no chargeor actions taken based on information obtained using the Software. In addition, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind due to the maximum extent permitted by applicable lawcontinual development of new techniques for intruding upon and attacking networks, Rockwell Automation does not warrant that the Software or any equipment, system or network on which the Software is used will be free of vulnerability to intrusion or attack. 5.2. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE LAW THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE FOREGOING LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN AND ROCKWELL AUTOMATION AND ITS LICENSORS DISCLAIM ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OF MERCHANTABILITYTITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTSPURPOSE OR ANY WARRANTY UNDER UCITA. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED NO ORAL OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTEDWRITTEN 5.3. THE SOFTWARE MAY BE SUBJECT USED TO LIMITATIONS, DELAYS, ACCESS AND TRANSFER INFORMATION OVER THE INTERNET OR BE USED IN CONNECTION WITH HARDWARE AND OTHER PROBLEMS INHERENT IN PRODUCTS THAT ARE CONNECTED TO THE USE OF INTERNET. YOU ACKNOWLEDGE AND AGREE THAT ROCKWELL AUTOMATION AND ITS LICENSORS DO NOT OPERATE OR CONTROL THE INTERNET AND ELECTRONIC COMMUNICATIONS THAT: (I) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (II) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND MINDJET EXPRESSLY IS NOT DAMAGE YOUR DATA, WEB-SITES, COMPUTERS, OR NETWORKS. ROCKWELL AUTOMATION AND ITS LICENSORS WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMSTHOSE ACTIVITIES. 5.4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMERWARRANTIES, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

Limited Warranty. a. Mindjet LICENSOR warrants that the media on which the Software PRODUCT is distributedfurnished will be, if applicableunder normal use, free from defects in materials and workmanship. LICENSOR also warrants the PRODUCT licensed hereunder will perform in substantial accordance with the specifications and descriptions contained in the PRODUCT documentation. LICENSOR’S entire liability and LICENSEE’S exclusive remedy under this provision will be free from defectsfor LICENSOR to use commercially reasonable best efforts to remedy defects covered by this warranty, and that the Software shall conform substantially without charge to the description in its Documentation when used in LICENSEE, within a Supported Environment for the first thirty (30) days reasonable period of the License Termtime. LICENSOR AND ITS SUPPLIERS DO NOT WARRANT THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE, unless otherwise required by applicable lawOR THAT ALL SOFTWARE DEFECTS CAN BE CORRECTED. If the media is defective, your sole remedy in the event of a breach of this This warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does shall not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided thatapply: (a1) if the Software has been properly installed and PRODUCT is not used at all times and in accordance with the instructions in its DocumentationLICENSOR’S documentation; (b2) no modification, alteration, to portions of the PRODUCT that have been modified by LICENSOR (at the LICENSEE’S request) or addition LICENSEE where such modifications are not part of the standard PRODUCT; (3) if a defect in the PRODUCT has been made to the Software product caused by persons other than Mindjet or its authorized representativeany of LICENSEE’S malfunctioning system and/or equipment; and (c4) Mindjet receives written notice for non-XX Xxxxxxx based uses of the non-conformity PRODUCT; (5) if any other use within the control of LICENSEE results in the PRODUCT becoming inoperative; or (6) for any inappropriate or unauthorised use. No employee, agent or representative of LICENSOR has authority to bind LICENSOR to any oral representation, warranties or conditions concerning the PRODUCT. Any written representation, warranty period. This is your sole and exclusive remedy for a breach of or condition not expressly contained in this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (AGREEMENT shall not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KINDbe enforceable. THE ABOVE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER WARRANTIES AND CONDITIONS. LICENSOR AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ANY OTHER EXPRESS OR IMPLIEDIMPLIED WARRANTIES OR CONDITIONS, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES WARRANTY OR CONDITION OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLEREGARDING THIS AGREEMENT, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED ANY LICENSE OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUPRODUCT PROVIDED HEREUNDER.

Appears in 2 contracts

Samples: Product Schedule, Software License Agreement

Limited Warranty. a. Mindjet (a) Vanguard warrants that during the media on which Warranty Period (as defined below) the Software is distributed, if applicable, software module(s) contained in the Licensed Materials will be free from defectsmaterial, reproducible programming malfunctions or defects and will operate in all material respects in conformity with the current specifications for such module(s) published by Vanguard. Vanguard does not warrant that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy modules in the event of a breach of this warranty Licensed Materials will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software operate uninterrupted or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; error free. (b) As the sole obligation of Vanguard and the sole remedy of Client under the foregoing warranty, Vanguard will seek to correct, through the means Vanguard determines to be most appropriate, any malfunction or defect in such Licensed Materials at no modificationadditional charge to Client within a reasonable time after they become known, alterationprovided (1) such malfunctions or defects are reported to Vanguard by Client within twelve (12) months from the effective date of this Agreement or thereafter during any period in which Client maintains a Service Contract with Vanguard under which Client is current and not in default (the “Warranty Period”), and (2) Vanguard is able to reproduce and confirm the reported malfunction or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and defect. (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this The foregoing limited warranty shall be null and Mindjet’s sole void, and entire liabilityVanguard shall have no warranty obligation with respect to any software module contained in the Licensed Materials if such module is modified or altered by any party other than Vanguard, its employees or agents, or such module is used for purposes for which it was not intended or for purposes not authorized by this Agreement, or the module was damaged due to causes external to such software (e.g., a power surge or electromagnetic field, etc.). The foregoing excludes Software made available by Mindjet at Vanguard shall have no charge, including without limitation responsibility for any trial or NFR hardware failures. (not for resaled) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawTHE LICENSED MATERIALS ARE OTHERWISE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KINDVANGUARD FURTHER DISCLAIMS ALL WARRANTIES. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE ANY IMPLIED WARRANTIES OF MERCHANTABILITY, . FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT FREEDOM FROM INTERFERENCE WITH ENJOYMENT OR FROM NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT AND ANY WARRANTIES THAT MAY ARISE OR BE DEEMED TO ARISE FROM ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION ENTIRE RISK ARISING OUT OF THE SOFTWARE WILL USE OR PERFORMANCE OF THE LICENSED MATERIALS REMAINS WITH CLIENT. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VANGUARD OR ITS SUPPLIERS BE UNINTERRUPTED LIABLE TO CLIENT OR ERROR-FREEANY OTHER PERSON OR ENTITY FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR THAT DEFECTS IN OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION. DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, THE COSTS OF SUBSTITUTE SOFTWARE WILL BE CORRECTED. OR SERVICES, LOSSES RESULTING FROM ERASURE, DAMAGE, DESTRUCTION OR OTHER LOSS OF FILES, DATA OR PROGRAMS OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONSCOST OF RECOVERING SUCH INFORMATION, DELAYS, AND OR OTHER PROBLEMS INHERENT IN PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYSLICENSED MATERIALS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY EVEN IF VANGUARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH PROBLEMSDAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES LIABILITY FOR CONSEQUENTIAL OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMERINCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION AND LIMITATIONS LIMITATION MAY NOT APPLY TO YOUCLIENT. In no event shall Vanguard’s liability for the performance or nonperformance of this Agreement, or otherwise, exceed the amount actually paid to Vanguard under this Agreement.

Appears in 2 contracts

Samples: License Agreement, License Agreement

Limited Warranty. a. Mindjet 10.1. CloudNine warrants that it has sufficient rights to grant the rights in the Program pursuant to this Agreement; CloudNine further warrants that the media on which the Software is distributed, if applicable, Program will be free from defects, and that the Software shall conform operate substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with its written specifications. No warranty is made that the instructions in Program will run uninterrupted or error-free. The warranty period for the Program and Documentation is ninety (90) days from the date the Program is first made available for Your use (“Warranty Period”). 10.2. CloudNine’s and its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; suppliers’ entire liability and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and Your exclusive remedy for a any breach of this limited warranty and Mindjetor for any other breach of this Agreement or for any other liability relating to the Program shall be, at CloudNine’s sole and entire liabilityoption from time to time exercised subject to applicable law, (a) repair, or (b) replacement. The foregoing excludes Software made available You will receive the remedy elected by Mindjet at no CloudNine without charge, including except that You are responsible for any expenses You may incur (e.g., cost of shipping the Program to CloudNine). This limited warranty is void if failure of the Program has resulted from accident, abuse, misapplication, abnormal use or malware. Any replacement Program will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and CloudNine will use commercially reasonable efforts to provide You with a remedy within a commercially reasonable time of Your compliance with CloudNine’s warranty remedy procedures. Outside of the United States or Canada, neither these remedies nor any product support services offered by CloudNine are available without limitation any trial or NFR (not for resale) license or proof of subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawfrom an authorized international source. 10.3. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, WARRANTIES ARE THE ONLY WARRANTIES RELATED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAWPROGRAM, MINDJET DOCUMENTATION AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE SUPPORT SERVICES AND ARE MADE IN LIEU OF ALL OTHER WARRANTIESWARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, STATUTORYINCLUDING, OR IN BUT NOT LIMITED TO, ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON- INFRINGEMENT. 10.4. If an implied warranty or condition is created by Your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, TITLEYou also have an implied warranty or condition, QUIET ENJOYMENTBUT ONLY AS TO DEFECTS DISCOVERED DURING THE WARRANTY PERIOD. AS TO ANY DEFECTS DISCOVERED AFTER THE WARRANTY PERIOD, AND NONINFRINGEMENT THERE IS NO WARRANTY OR CONDITION OF INTELLECTUAL PROPERTY RIGHTSANY KIND. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTSSome states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREEso the above limitation may not apply to You. This limited warranty gives You specific legal rights. You may have other rights which vary from state/jurisdiction to state/jurisdiction. 10.5. CloudNine is acting on behalf of its suppliers for the purpose of disclaiming, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONSexcluding, DELAYSand/or limiting obligations, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYSwarranties, DELIVERY FAILURESand liability as provided in this Agreement, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUbut in no other respects and for no other purpose.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

Limited Warranty. a. Mindjet WEBSENSE warrants that the media on which Products will operate in substantial conformance with the Software is distributedthen current WEBSENSE published documentation under normal use for the Term. Notwithstanding the previous sentence, if applicable, WEBSENSE does not warrant that: (i) the Products will be free from of defects, and that ; (ii) the Software shall conform substantially Products will satisfy all of Your requirements; (iii) the Products will be used without interruption or error; (iv) the Products will always block access to the description addresses and applications that are contained in the Databases; (v) the Databases will contain every foreseeable URL address or application that should potentially be blocked; or (vi) addresses and applications contained in the Databases will be appropriately categorized. WEBSENSE shall use reasonable efforts to remedy any significant non-conformance in the Products which You report to WEBSENSE that WEBSENSE can reasonably identify and confirm. WEBSENSE or its Documentation when used in a Supported Environment representative will repair or replace any such non-conforming or defective Products. You acknowledge that this paragraph sets forth Your exclusive remedy and WEBSENSE’s exclusive liability for any breach of warranty or other duty related to the first thirty (30) days Products. Any unauthorized modification of the License TermProducts, unless otherwise required by applicable law. If tampering with the media is defectiveProducts, your sole remedy in use of the event of a Products inconsistent with the accompanying documentation, or related breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within Agreement by You shall void the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawaforementioned warranty. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, AS EXPLICITLY SET FORTH HEREIN AND TO THE MAXIMUM EXTENT PERMITTED ALLOWED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL THERE ARE NO OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORYINCLUDING BUT NOT LIMITED TO, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT PURPOSE WITH RESPECT TO THE PRODUCTS OR THE SUBJECT MATTER OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUTHIS AGREEMENT.

Appears in 2 contracts

Samples: Distribution Agreement (Websense Inc), Distribution Agreement (Websense Inc)

Limited Warranty. a. Mindjet warrants Syncplify does not warrant that the media on which Software will meet all of Your requirements or that the use of the Software will be uninterrupted or error-free. The foregoing warranty applies only to failures in operation of the Software that are reproducible in standalone form and does not apply to: (i) Software that is distributedmodified or altered by You or any third party that is not authorized by Syncplify; (ii) Software that is otherwise operated in violation of this Agreement or other than in accordance with the Documentation; or (iii) failures that are caused by other software or hardware products. To the maximum extent permitted under applicable law, as Syncplify' and its suppliers' entire liability, and as Your exclusive remedy for any breach of the foregoing warranty, Syncplify will, at its sole option and expense, promptly repair or replace any Software that fails to meet this limited warranty or, if Syncplify is unable to repair or replace the Software, refund to You the applicable license fees paid upon return, if applicable, will be free from defectsof the nonconforming item to Syncplify, and that unless the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy was run in the event cloud, in which case You shall receive no refund. The warranty is void if failure of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modificationresulted from accident, alterationabuse, or addition has been made misapplication. You have the right to request a refund within a 30-day period from the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice day of the non-conformity within the warranty period. This is your sole and exclusive remedy purchase, however, no refunds can be authorized regarding licenses that have already been activated, and/or for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no chargeservices, including without limitation any trial or NFR (but not for resale) license or subscription or “reader” or “guest” accountlimited to professional services, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawinstallations, configurations, custom scripting, etc. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTYAS EXPRESSLY STATED IN THIS SECTION, TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE MANDATORY LAW, MINDJET SYNCPLIFY IS PROVIDING AND ITS LICENSORS PROVIDE LICENSING THE SOFTWARE TO YOU "AS IS" WITHOUT ANY WARRANTIES WARRANTY OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EITHER EXPRESS OR IMPLIED, STATUTORYINCLUDING, OR IN ANY OTHER PROVISION OF THIS XXXXBUT NOT LIMITED TO, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty. a. Mindjet PSC warrants that the materials of the Product media are not defective and that the software is properly recorded on which the Software media. If the media (such as the diskettes, cartridges, CD-ROMs, DVDs or magnetic tapes) is distributedphysically defective, PSC will replace it free of charge if claimed within ninety (90) days from the date of initial shipment or download, if applicable, will of the Product from PSC’s site. Licensee’s sole remedy shall be free from defects, and that return of the Software shall conform substantially media to the description supplier or to PSC for replacement. PSC warrants that it has the right to license the Products. PSC will defend Licensee against any claim based on an allegation that a Product infringes a U.S. patent or copyright, but only if PSC is notified promptly in its Documentation when used in a Supported Environment for the first thirty (30) days writing of such claim and is given sole control of the License Termdefense thereof and all related settlement negotiations relating thereto. Notwithstanding the foregoing, unless otherwise required by applicable law. If PSC shall not be liable to Licensee for any claim arising from or based upon the media is defective, your sole remedy in the event alteration or modification of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty periodProducts. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liabilityTHE LIMITED WARRANTY SPECIFIED IN THIS SECTION 4 SETS FORTH ALL WARRANTIES AND REPRESENTATIONS PROVIDED BY PSC TO LICENSEE WITH RESPECT TO THE PRODUCTS. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawSUCH LIMITED WARRANTY IS PROVIDED SOLELY BY PSC AND NOT PSC’S LICENSORS. EXCEPT FOR THE PRECEDING LIMITED WARRANTY PROVIDED BY PSC TO LICENSEE PURSUANT TO THIS SECTION 4, NEITHER PSC NOR ITS LICENSORS, NOR ANY OF THEIR RESPECTIVE SUPPLIERS, MAKE ANY EXPRESS LIMITED WARRANTYWARRANTIES OR REPRESENTATIONS RELATING TO THE PRODUCTS, ANY DOCUMENTATION PROVIDED THEREWITH OR ANY SERVICES RELATED THERETO, AND FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND REPRESENTATIONS INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES AND REPRESENTATIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT. For example, TITLEPSC does not warrant that there are no discrepancies between the Products and any documentation provided therewith, QUIET ENJOYMENTnor that errors cannot arise during the use of the Products. Without limiting the foregoing warranty disclaimers, Licensee acknowledges that if the Product or Products licensed to Licensee hereunder contain IBM’s XML Parser for C++, then such IBM technology is licensed to Licensee “AS IS” without warranty of any kind, whether express or implied. Neither PSC nor IBM assumes any liability for any claim that may arise regarding the use of such IBM technology. THE LIMITED WARRANTY SPECIFIED IN THIS SECTION 4 GIVES THE USER SPECIFIC LEGAL RIGHTS, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT ALSO IMPLY OTHER RIGHTS WHICH VARY FROM STATE TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMSSTATE. SOME JURISDICTIONS STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIMITATIONS WARRANTIES, AND DO NOT ALLOW A LIMITATION ON APPLICABLE STATUTORY RIGHTS OF A CONSUMERHOW LONG ANY IMPLIED WARRANTY LASTS, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUAPPLY. No PSC employee, supplier, agent or any other third party is authorized to make any modification or addition to this warranty.

Appears in 1 contract

Samples: Partner Agreement (Qad Inc)

Limited Warranty. a. Mindjet Licensor warrants to Licensee that during the media first sixty (60) days after the Delivery Date (the "Warranty Period") the Licensed Products will conform to Licensor's published specifications in effect on which the Software is distributed, if applicable, will be free from defectsDelivery Date, and that the Licensed Software shall conform will perform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy as described in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty periodaccompanying Licensed Documentation. If the Software Licensor does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: warrant (a) that the Licensed Software has been properly installed and used at all times and in accordance with the instructions in its Documentationwill meet Licensee's requirements; (b) no modification, alteration, or addition has been made to that operation of the Licensed Software product by persons other than Mindjet or its authorized representativewill be uninterrupted; and (c) Mindjet receives written notice that the Licensed Product is error free; (d) that all defects in the Licensed Product will be corrected; or (e) any change or modification of the non-conformity within Licensed Software made by Licensee; provided, however, any change or modification properly made by Licensee in accordance with instructions contained in the Licensed Documentation for the Licensed Software shall not void the warranty periodprovided by Licensor herein. Laws from time to time in force may imply warranties that cannot be excluded or can only be excluded to a limited extent. This is your sole Agreement shall be read and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation construed subject to any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawsuch statutory provisions. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTYAS EXPRESSLY PROVIDED IN THIS AGREEMENT, LICENSOR MAKES NO OTHER WARRANTIES OR REPRESENTATIONS RELATING TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET LICENSED SOFTWARE OR ITS PERFORMANCE OR WITH RESPECT TO THE LICENSED DOCUMENTATION AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF LICENSOR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE LICENSED PRODUCTS, WHETHER EXPRESS OR IMPLIED, STATUTORYARISING BY LAW, CUSTOM, PRIOR ORAL OR IN WRITTEN STATEMENTS BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVES OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, SYSTEM INTEGRATION, SUITABILITY, ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE). No warranties as may be set forth herein shall be applicable to any Licensed Products offered as a demo or trial use free of charge, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERRORwhich shall be accepted by Licensee on an "AS-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUIS" basis.

Appears in 1 contract

Samples: Software End User License Agreement

Limited Warranty. a. Mindjet (a) Licensor warrants that the Software, without Modifications, will substantially conform to the Related Materials for a period of one (1) year from the date of receipt by Licensee. Licensor warrants that the media on upon which the Software is distributedprovided, if applicable, and the Related Materials will be free from defects, defects in materials and that the Software shall conform substantially to the description in its Documentation when used in workmanship under normal use and service for a Supported Environment for the first thirty period of ninety (3090) days from the date of the License Term, unless otherwise required receipt by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; Licensee. (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF LICENSOR DISCLAIMS ALL OTHER WARRANTIES, WHETHER EITHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT WITH RESPECT TO THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMSRELATED MATERIALS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS THE LIMITATION OR EXCLUSION OF A CONSUMER, INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE EXCLUSION AND LIMITATIONS FOREGOING EXCLUSIONS MAY NOT APPLY TO YOUCOMPANY. COMPANY MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. (c) During the warranty period, Licensor's entire liability and Licensee's exclusive remedy shall, at Licensor's option, be one of the following: (i) Licensor may attempt to correct or work around Errors; (ii) Licensor may replace the Software and Related Materials; (iii) Licensor may refund to Licensee the license fees paid to Licensor upon return of the Software and Related Materials to Licensor or its authorized distributor. (d) Licensor shall not be liable for damages, direct or indirect, special, incidental, consequential, 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 1 contract

Samples: Annual Hosting Agreement

Limited Warranty. a. Mindjet Dacons warrants that the media on which Licensed Software will perform substantially in accordance with its accompany- ing documentation, when operated in the Software is distributedexecution environment specified in such documentation, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first warranty period ending thirty (30) days following the date on which You first install or first use the Licensed Software. This limited warranty is void if failure of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned Licensed Software to Mindjet within the warranty period. If the Software does not substantially conform to the description such warranty is caused in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects whole or in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: part by (a) the Software has been properly installed and any defect in any hardware or other equipment used at all times and in accordance with the instructions in its DocumentationLicensed Soft- xxxx; (b) no modification, alteration, any failure of any hardware or addition has been made any other equipment used with the Licensed Software to the Software product by persons other than Mindjet or its authorized representativefunction in accordance with applicable manufacturer’s specifications for such items; and (c) Mindjet receives written notice any alteration, modification or enhancement of the non-conformity within Licensed Software by You or anyone other than Dacons; (d) any failure by You or anyone else to follow Dacons instructions with respect to proper use of the Licensed Software; or (e) im- proper use, abuse, accident, neglect or negligence on the part of You or any one other than Dacons. Dacons will not be obligated to honor the limited warranty periodor provide any remedy thereunder unless the Licensed Software is returned to Dacons along with the original dated receipt. This is your sole and exclusive remedy Any replacement Licensed Software will be warranted for a breach of thirty (30) days following the date on which Dacons provides it to You. You understand that no Licensed Software updates or upgrades are included with this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes that Dacons may update or revise the Licensed Software made available by Mindjet at any time and, in so doing, incurs no charge, including without limitation any trial obligation to furnish such updates or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind revisions to the maximum extent permitted by applicable lawYou. EXCEPT FOR AS OTHERWISE SET FORTH IN THIS AGREEMENT, THE PRECEDING EXPRESS LIMITED WARRANTYLICENSED SOFTWARE IS PRO- VIDED TO YOU ”AS IS”, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER DACONS MAKES NO EXPRESS OR IMPLIEDIMPLIED WARRANTIES WHATSO- EVER WITH RESPECT TO ITS FUNCTIONALITY, STATUTORYCONDITION, PERFORMANCE, OPERABILITY OR IN USE. WITHOUT LIMITING THE FOREGOING, DACONS DISCLAIMS ALL IMPLIED WARRANTIES IN- CLUDING, WITHOUT LIMITATION, ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED PURPOSE OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FREEDOM FROM ANY SUCH PROBLEMSINFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW AL- LOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMERWARRANTIES, SO THE ABOVE EXCLUSION AND LIMITATIONS EXCLUSIONS MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM ONE JURISDICTION TO ANOTHER.

Appears in 1 contract

Samples: Software License Agreement

Limited Warranty. a. Mindjet (a) WhiteCanyon warrants to the original purchaser of a license for the Software, (i) that the media Software, will perform substantially in accordance with the accompanying (b) This Limited Warranty does not apply to any Software that has been altered, damaged, abused, misapplied, or used other than in accordance with this License Agreement and any instructions included on which the Software and the accompanying documentation. (c) WhiteCanyon’s entire liability and your exclusive remedy under this Limited Warranty shall be the repair or replacement of the any Software that fails to conform to this Limited Warranty or, at WhiteCanyon’s option, return of the price paid for the Software. WhiteCanyon shall have no liability under this Limited Warranty unless the Software is distributedreturned to WhiteCanyon or its authorized representative, if applicablewith a copy of your receipt, within the warranty period. Any replacement Software will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment warranted for the first remainder of the original warranty period or thirty (30) days of the License Term, unless otherwise required by applicable lawwhichever is longer. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (ad) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY THIS WAR- RANTY IS EXCLUSIVE AND IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIESWARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN INCLUDING BUT NOT LIMITED TO ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERRORNON-FREEINFRINGEMENT, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTEDWAR- RANTIES ARISING FROM USAGE OF TRADE OR COURSE OF DEALING. THE SOFTWARE (e) THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS; YOU MAY BE SUBJECT HAVE OTHERS WHICH VARY FROM STATE TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUSTATE.

Appears in 1 contract

Samples: Enterprise License Agreement

Limited Warranty. a. Mindjet 5.1. The following limited warranty applies to You only if You are the original licensee of the Program. Sage warrants that the Program substantially conforms to the specifications contained in the Documentation that was included in the original packaging for Your Program and/or located within the software for a period of sixty (60) days from Your purchase, as evidenced by Your receipt (the “Limited Warranty Period”), provided that: (a) the Program is used on the Client Device for which it was designed; (b) You or a third party acting at Your direction have not operated the Program in a manner outside of the parameters outlined in the Documentation; and (c) all product updates that Sage made available to You have been properly installed. Sage further warrants that the media on which the Software Program is distributed, if applicable, furnished will be free from defectsdefects in material or workmanship for the Limited Warranty Period. Receipt of revisions or updates to the Program shall not restart or otherwise affect the warranty period for previously delivered copies. All warranties stated in this Agreement apply only when the Program is used within Canada. Sage does not represent or warrant that Your use of the Program will be uninterrupted or error free. 5.2. Provided You notify Sage in writing during the Limited Warranty Period of a substantial non-conformity between the Documentation and the Program, and if Sage is able to replicate and verify that such substantial non-conformity exists, Sage shall replace or correct the Program, at Sage’s sole option, so that the Software shall conform Program substantially conforms to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software specifications or replace the defective licensed softwaremedia, andas the case may be, if Mindjet or You may return all copies of the Program and Sage shall remit to You the license fee You paid, up to the amount of Sage’s suggested list price for the Program. This Section 5.2 states Your SOLE AND EXCLUSIVE REMEDY for any breach of warranty hereunder. 5.3. No employee, agent or representative of Sage, nor any reseller (including the person or company who sold You the Program) or any other third party, is unable authorized to make the deficient licensed software substantially conform or give any representation, warranty condition or guarantee with respect to the description in its Documentation after such commercially reasonable effortsProgram, to discontinue your use of except for the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole remedy stated in Sections 5.1 and entire liability. The foregoing excludes Software made available by Mindjet at no charge5.2 of this Agreement, including without limitation and You may not rely on any trial such unauthorized representation, warranty, condition or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUguarantee.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty. a. Mindjet If Customer obtained the Software directly from Cisco, then Cisco warrants that for a period of ninety (90) days from the date of shipment from Cisco: (i) the media on which the Software is distributed, if applicable, furnished will be free from defects, of defects in materials and that workmanship under normal use; and (ii) the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty periodpublished specifications. This is your limited warranty extends only to Customer as the original licensee. Customer's sole and exclusive remedy for a breach and the entire liability of Cisco and its suppliers under this limited warranty and Mindjet’s sole and entire liabilitywill be, at Cisco or its service center's option, repair, replacement, or refund of the Software if reported (or, upon request, returned) to Cisco or its designee. The foregoing excludes Except as expressly granted in this Agreement, the Software made available is provided AS IS. Cisco does not warrant that the Software is error free or that Customer will be able to operate the Software without problems or interruptions. This warranty does not apply if the Software (a) is licensed for beta, evaluation, testing or demonstration purposes for which Cisco does not receive a license fee, (b) has been altered, except by Mindjet at no chargeCisco, including without limitation any trial (c) has not been installed, operated, repaired, or NFR maintained in accordance with instructions supplied by Cisco, (not for resaled) license has been subjected to abnormal physical or subscription electrical stress, misuse, negligence, or “reader” accident, or “guest” account(e) is used in ultrahazardous activities. If Customer obtained the Software from a Cisco distributor, which are provided “as is” and “as available” with all faults and without warranty the terms of any kind warranty shall be as provided by such distributor, and Cisco provides Customer no warranty with respect to the maximum extent permitted by applicable lawsuch Software. DISCLAIMER. EXCEPT FOR THE PRECEDING EXPRESS LIMITED AS SPECIFIED IN THIS WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIEDIMPLIED CONDITIONS, STATUTORYREPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLENONINFRINGEMENT, QUIET ENJOYMENTSATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. IN NO EVENT WILL CISCO OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION REGARDLESS OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYSSOFTWARE EVEN IF CISCO OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Cisco's or its suppliers' liability to Customer, DELIVERY FAILURESwhether in contract, tort (including negligence), or otherwise, exceed the price paid by Customer. The foregoing limitations shall apply even if the above-stated warranty fails of its essential purpose. BECAUSE SOME STATES OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES CONSEQUENTIAL OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMERINCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION AND LIMITATIONS LIMITATION MAY NOT APPLY TO YOU. CUSTOMER RECORDS. Customer grants to Cisco and its independent accountants the right to examine Customer's books, records and accounts during Customer's normal business hours to verify compliance with this Agreement. In the event such audit discloses non-compliance with this Agreement , Customer shall promptly pay to Cisco the appropriate licensee fees.

Appears in 1 contract

Samples: Service Provider Agreement (Cogent Communications Group Inc)

Limited Warranty. a. Mindjet a) STF represents and warrants that it has the media on which the Software is distributed, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable right to make the deficient licensed software substantially conform Software available to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (aCustomer under this Agreement. b) the Software has been properly installed and STF warrants that when used at all times and in accordance with the instructions help documentation available within the applicable Software product, describing the features and functionality, which may be updated from time to time, such Software will conform to such help documentation in all material respects during the term of the applicable Order Form. In the event of the Software’s failure to so conform, STF, at its Documentationsole option, will repair or replace said Software to the extent STF shall deem reasonably necessary to restore the item to perform in accordance with the applicable specifications. In the event that STF is unable to provide the remedy set forth above within a commercially reasonable period of time, STF shall credit to Customer any pre-paid Software license fees, pro-rated based upon the period of time that Customer was unable to use such defective Software, and Customer’s license to such software shall then cease. The foregoing warranty does not apply to Software to the extent such Software (including but not limited to data mappings or import templates) (i) has been modified by any party other than STF, or without STF’s prior written consent; (bii) no modification, alteration, or addition has been made to the Software product improperly installed by persons Customer or installed by anyone other than Mindjet STF or its (iii) is used in a manner other than as authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty periodunder this Agreement. This is your The remedies set forth in this paragraph are Customer’s sole and exclusive remedy for a breach of this limited warranty remedies, and MindjetSTF’s sole and entire exclusive liability. The foregoing excludes , for the failure of the Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to conform to the maximum extent permitted by applicable law. specifications. c) EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTYAS SPECIFICALLY PROVIDED IN THIS AGREEMENT, ALL SOFTWARE IS PROVIDED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET CUSTOMER “AS IS.” STF AND ITS LICENSORS PROVIDE SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE MERCHANTABILITY AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS OR CLAIM OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS ANY KIND RELATING IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT ANY WAY TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET SOFTWARE, ANY CONTENT CONTAINED THEREIN, AND ELECTRONIC COMMUNICATIONS ANY RESULTS GENERATED BY THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT COVERED BY STF’S IP INDEMNITY OBLIGATIONS SET FORTH BELOW, CUSTOMER AGREES TO DEFEND, INDEMNIFY AND MINDJET EXPRESSLY IS NOT HOLD STF AND WILL NOT BE RESPONSIBLE FOR ITS SUPPLIERS HARMLESS FROM AND AGAINST ANY DELAYSAND ALL CLAIMS AND LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO ITS USE OF THE SOFTWARE, DELIVERY FAILURESANY CONTENT CONTAINED OR STORED THEREIN, OR OTHER DAMAGE RESULTING FROM AND ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW RESULTS GENERATED BY THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUSOFTWARE.

Appears in 1 contract

Samples: STF Services License Agreement

Limited Warranty. a. Mindjet Dacons warrants that the media on which Licensed Software will perform substantially in accordance with its accompany- ing documentation, when operated in the Software is distributedexecution environment specified in such documentation, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first warranty period ending thirty (30) days following the date on which You first install or first use the Licensed Software. This limited warranty is void if failure of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned Licensed Software to Mindjet within the warranty period. If the Software does not substantially conform to the description such warranty is caused in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects whole or in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: part by (a) the Software has been properly installed and any defect in any hardware or other equipment used at all times and in accordance with the instructions in its DocumentationLicensed Soft- ware; (b) no modification, alteration, any failure of any hardware or addition has been made any other equipment used with the Licensed Software to the Software product by persons other than Mindjet or its authorized representativefunction in accordance with applicable manufacturer’s specifications for such items; and (c) Mindjet receives written notice any alteration, modification or enhancement of the non-conformity within Licensed Software by You or anyone other than Dacons; (d) any failure by You or anyone else to follow Dacons instructions with respect to proper use of the Licensed Software; or (e) im- proper use, abuse, accident, neglect or negligence on the part of You or any one other than Dacons. Dacons will not be obligated to honor the limited warranty periodor provide any remedy thereunder unless the Licensed Software is returned to Dacons along with the original dated receipt. This is your sole and exclusive remedy Any replacement Licensed Software will be warranted for a breach of thirty (30) days following the date on which Dacons provides it to You. You understand that no Licensed Software updates or upgrades are included with this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes that Dacons may update or revise the Licensed Software made available by Mindjet at any time and, in so doing, incurs no charge, including without limitation any trial obligation to furnish such updates or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind revisions to the maximum extent permitted by applicable lawYou. EXCEPT FOR AS OTHERWISE SET FORTH IN THIS AGREEMENT, THE PRECEDING EXPRESS LIMITED WARRANTYLICENSED SOFTWARE IS PRO- VIDED TO YOU ”AS IS”, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER XXXXXX MAKES NO EXPRESS OR IMPLIEDIMPLIED WARRANTIES WHATSO- EVER WITH RESPECT TO ITS FUNCTIONALITY, STATUTORYCONDITION, PERFORMANCE, OPERABILITY OR IN USE. WITHOUT LIMITING THE FOREGOING, DACONS DISCLAIMS ALL IMPLIED WARRANTIES IN- CLUDING, WITHOUT LIMITATION, ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED PURPOSE OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FREEDOM FROM ANY SUCH PROBLEMSINFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW AL- LOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMERWARRANTIES, SO THE ABOVE EXCLUSION AND LIMITATIONS EXCLUSIONS MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM ONE JURISDICTION TO ANOTHER.

Appears in 1 contract

Samples: Software License Agreement

Limited Warranty. a. Mindjet The Company warrants that the media on which the Software is distributed, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet it shall, at its option and its sole discretionoption, correct the defects repair, replace or provide replacement parts in the Software event any Product manufactured by the Company and used in the United States or replace Canada which upon inspection it finds to be defective in material or workmanship for a period of twelve (12) months from initial startup or eighteen (18) months from date of shipment, whichever expires sooner; provided, Buyer provides written notice to Company within a reasonable time after discovery. Products not manufactured by the defective licensed softwareCompany but also sold under this agreement (“Third Party Products”) are not warranted by Company, andbut are sold only with the express warranty, if Mindjet is unable to make any, of the deficient licensed software substantially conform manufacturer and only to the description in its Documentation after such commercially reasonable effortsextent transferable. For the avoidance of doubt, to discontinue your use of the licensed software and terminate your license to the Software provided that: COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCT, INCLUDING ANY (a) the Software has been properly installed and used at all times and in accordance with the instructions in its DocumentationWARRANTY OF MERCHANTABILITY; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES WARRANTY OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ; (c) WARRANTY OF TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT ; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMERTHIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUCOURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. In the event Company performs on-site services for or on behalf of Buyer, Company warrants that such services will be performed in a professional and workmanlike manner (“Service Warranty”). Xxxxx’s sole and exclusive remedy against Company for a breach of the Service Warranty shall be, at Seller’s option, to either refund to Buyer the amounts paid for such services or for Company to re-perform the allegedly defective services. The Company’s warranty does not apply to any Products or parts which: (1) have been opened, dissembled, repaired, or altered by anyone other than the Company or its authorized service representative; or, (2) have been subjected to misuse, misapplication, negligence, accidents, damage, abuse, improper storage, or abnormal use or service; or, (3) have been operated or installed in a manner contrary to Company’s printed instructions; or, (4) have been installed in an incorrect or improper application; or, (5) have become corroded or subjected to abrasion, or (6) have been subject to other than normal wear and tear. The Company is not obligated to pay any costs or expenses in connection with the removal and reinstallation of such Products or parts, including but not limited to labor, service costs, and shipping charges. This warranty and any optional extended warranties are granted only to the original user. Company’s duty to perform under this or any warranty may be delayed, at Company’s sole option, until Company has been paid in full for all Products or parts purchased by Buyer. No such delay shall extend the warranty period. No person (including any agent, salesman, dealer or distributor) has the authority to expand the Company’s obligation beyond the terms of this express warranty, or to state that the performance of the Products is other than published by the Company.

Appears in 1 contract

Samples: Sales Contract

Limited Warranty. a. Mindjet Riverside warrants that the media on Services will not infringe any valid United States copyrights existing at time the Services are made available to You, provided that this warranty does not extend to any infringement arising out of: (i) the use of the Services in combination with systems, equipment, materials, or platforms not supplied by Riverside or any use of the Services outside of the United States; (ii) Your use of the Services in violation of these Terms of Use or the user documentation provided by Riverside; (iii) Your modification of the Services; (iv) Your failure to install or implement a released upgrade to the Services that would have avoided the infringement; or (v) any Submitted Data. If You promptly notify Riverside of any such infringement claim brought by a third party of which the Software is distributed, if applicable, will be free from defectsYou have knowledge or notice, and that accord Riverside the Software shall conform substantially right, at its sole option and expense, to handle the description in its Documentation when used in a Supported Environment for the first thirty (30) days defense of the License Terminfringement claim, unless otherwise required by applicable lawRiverside will defend You against such infringement claim and pay any final judgment or settlement thereof. Notwithstanding the foregoing, Riverside will not indemnify for any infringement claim that arises out of the scenarios set forth in clauses (i)-(v) of this Section. If such an infringement claim arises, or if Riverside becomes aware of the media is defectivepossibility of such a claim, your then Riverside may, at its sole discretion (a) acquire the right for You to continue to use the affected Services in accordance with these Terms, (b) furnish You with a non-infringing replacement as soon as commercially possible, or (c) terminate these Terms in whole or in part by refunding any pre-paid, unused fees You paid for use of the Services. The obligations set forth in this Section are Your exclusive remedy in the event of a and Riverside’s sole obligations with respect to any breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawwarranty. EXCEPT FOR THE PRECEDING EXPRESS AS OTHERWISE EXPRESSLY STATED IN THIS SECTION 10 (LIMITED WARRANTY), TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY RIVERSIDE MAKES NO WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIEDIMPLIED BY LAW, STATUTORYCOURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR IN OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ANY OTHER PROVISION WARRANTY OF THIS XXXX, MERCHANTABILITY OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET THE SERVICES ARE PROVIDED “AS IS”. RIVERSIDE DOES NOT WARRANT OR MAKE ANY PROMISES REGARDING THE CORRECTNESS, USEFULNESS, ACCURACY, AVAILABILITY, OR RELIABILITY OF (I) YOUR USE THE SERVICES OR (II) ANY ADVICE YOU GLEAN FROM THE SERVICES WHETHER PROVIDED BY US OR A THIRD PARTY. WE DO NOT PROMISE THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Professional Services

Limited Warranty. a. Mindjet With respect to each Deliverable, Skyward warrants that the media on which the Software is distributedto Subscriber that, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in for a Supported Environment for the first period of thirty (30) calendar days after the date of the License Termdelivery of such Deliverable to Subscriber, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty such Deliverable will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to any applicable functional specifications for such Deliverable that are described in the description applicable Statement of Work or any Change Order thereto. If any Deliverable does not perform as expressly warranted in its Documentationthis section, your sole remedy Subscriber will be that Mindjet shallnotify Skyward in writing and Skyward will, at its sole option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided thatexpense: (a) the Software has been properly installed and used at all times and replace or modify such Deliverable with a Deliverable that performs as expressly warranted in accordance with the instructions in its Documentationthis section; or (b) no modificationif Skyward determines that the foregoing is not commercially reasonable, alteration, or addition has been made accept return of such Deliverable (if applicable) and refund to Subscriber the Software product fees paid by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of Subscriber associated with such Deliverable under this limited warranty and Mindjet’s sole and entire liabilityAgreement. The foregoing excludes Software made available limited warranty does not cover repair or replacement of or refunds for any Deliverable if the nonconformity to such limited warranty is caused, in whole or in part, by: (i) alteration, modification or correction other than by Mindjet at no chargeSkyward; (ii) software, including without limitation any trial hardware or NFR interfacing not provided or specified in the applicable Statement of Work by Skyward; (not for resaleiii) license abuse, misuse or subscription improper installation; or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind (iv) a change to Subscriber’s computing environment that would affect the maximum extent permitted by applicable lawspecific Deliverable. EXCEPT FOR THE PRECEDING EXPRESS AS SPECIFIED IN THIS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIEDIMPLIED CONDITIONS, STATUTORYREPRESENTATIONS, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU AND WARRANTIES INCLUDING WITHOUT LIMITATION THE LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT ARE HEREBY EXCLUDED TO THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON EXTENT ALLOWED BY APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOULAW.

Appears in 1 contract

Samples: Software as a Service Agreement

Limited Warranty. a. Mindjet warrants that the media on which the Software is distributeda) Unless otherwise agreed Research and Nonprofit Licenses and Research and Nonprofit Project Types, if applicableEvaluation Licenses, will be free from defectsOEM SDK Developer Licenses, OEM Runtime CPU Licenses, and that the pre-­‐production releases of Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” with no warranty whatsoever. The warranties in this section apply only to paid licenses for fully-­‐released versions of the Software. b) RTI warrants that, other than documented license management technology, the Software as well as any medium used to provide the Software will be free of viruses, worms, Trojan horses, time bombs, back or trap doors, or other debilitating or disabling devices or malicious code. c) RTI warrants that the Software is subject to no restrictions or licenses that would require You to redistribute any of Your source code. d) RTI warrants that it has the right to grant You the licenses herein. e) The Software provided by RTI shall be substantially in accordance with the product description and “as available” with all faults the related documentation. Your rights in case of defects shall be excluded in the case of minor or immaterial deviations from the agreed or assumed characteristics and without warranty in the case of any kind just slight impairment of use. Product descriptions and related documentation shall not be deemed guaranteed unless separately agreed in writing. In respect of updates, upgrades and releases of new versions, Your rights in case of defects shall be limited to the maximum extent permitted new features of the update, upgrade or new version compared to the previous version release. If You demand replacement performance because of a defect, RTI has the right to choose between the improvement (Nachbesserung), replacement delivery (Ersatzlieferung) or replacement of services (Ersatzleistungen). If the defect is not cured within a first time limit and You have set RTI a reasonable second time limit without success or if a reasonable number of attempts to remedy, replacement deliveries or replacement services are unsuccessful, then You may, subject to the statutory prerequisites, at your option withdraw from this Agreement or reduce the price and claim damages or reimbursement of costs. The remedying of the defect may also take place through the delivery or installation of a new version or a work-­‐around. If the defect does not or not substantially impair the functionality, then RTI is entitled, to the exclusion of further rights in case of defects, to remedy the defect by applicable lawdelivering a new version or an update as part of its version, update and upgrade planning. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTYDefects must be notified in writing with a comprehensible description of the error symptoms, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAWas far as possible evidenced by written recordings, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KINDhard copies or other documents demonstrating the defects. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTSThe notification of the defect should enable the reproduction of the error. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUThis shall not affect your statutory obligation to inspect and notify defects.

Appears in 1 contract

Samples: Software License Agreement

Limited Warranty. a. Mindjet warrants that the media on which the Software is distributed, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) Provided that Licensee has paid the Software has been properly installed and used at all times and applicable Fee, QUADIENT warrants during the subscription period or License term, that (i) the Service will perform substantially in accordance with the instructions in its Documentation; relevant Documentation as found at xxxxxxxxxxxxx.xx, under normal use and circumstances (b) and that there will be no modification, alteration, or addition has been made to material diminishment of the Software product by persons other than Mindjet or its authorized representativeService as it exists on the Effective Date of the Customer Contract for such Services); and (cii) Mindjet receives written notice of it will use industry best practices to ensure that the Services provided to Customer do not contain any disabling devices, viruses, trojan horses, trap doors, back doors, Easter eggs, time bombs, cancelbots, or other computer programming routines designed to damage, detrimentally interfere with, surreptitiously intercept or expropriate any other software or data. QUADIENT’s sole obligations under the warranty set forth in this Section 4.1 shall be for QUADIENT to correct or by-pass the non-conformity or, if QUADIENT is unable to correct or by-pass the non- conformity within ninety (90) days after Customer’s written notice, for Customer to terminate the warranty periodapplicable subscription and receive a refund of prepaid unused fees. b) QUADIENT and its suppliers provide no remedies or warranties, whether express or implied for any non-GA Release, such as Test or Trial Versions or First Mover Advantage Program of a Service. This Any non-GA Release of the Service is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and with express disclaimer of any warranty. Further, QUADIENT provides no remedies or warranties whether express or implied for any content packages like form letters. QUADIENT provides those content packages “as availableisand You use those content packages at your own risk. c) No oral or written information or advice given by QUADIENT, its suppliers and resellers or employees shall create a warranty for QUADIENT or in any way increase the scope of any warranty provided herein. d) QUADIENT reserves the right to make changes, modifications and enhancements to the Services from time to time. In the event the change or modification is to documented functionality, and is material to the function or operation of the Services (a “Material Change”), QUADIENT shall use reasonable commercial efforts to provide Customer with prior prompt written notice of any Material Change prior to implementation of such Material Change (unless such is required to rectify an urgent system issue) which shall be communicated directly to Customer by email or otherwise through QUADIENT normal communication channels such as via QUADIENT ’s release information portal. If You do not agree with any changes made to the Service by QUADIENT, you may terminate the Service. e) Except as set forth in this section 4 of this Agreement QUADIENT disclaims all faults other warranties and without representations, whether expressed, implied or otherwise, including the warranties of merchantability or fitness for a particular purpose. Also there is no warranty of any kind non-infringement of third party intellectual property rights and title for the Third Party and Open Source components of the Services. f) Where some jurisdictions do not allow the exclusion of certain implied warranties, the exclusion of QUADIENT’s warranty in this limited warranty section shall apply to the maximum fullest extent permitted by applicable law. g) QUADIENT's Services may be subject to limitations, delays, and other problems external to QUADIENT and inherent in the use of the internet and electronic communications. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTYNotwithstanding the foregoing, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAWQUADIENT shall use reasonable and industry best practices standard technical means to reduce and limit the impacts of such problems, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIESbut QUADIENT disclaims any and all responsibility for delays, WHETHER EXPRESS OR IMPLIEDdelivery failures, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUor other damage resulting from such problems.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty. a. Mindjet warrants that GT shall extend to the media on which Licensee the Software is distributed, if applicable, will be free from defects, and Owner’s standard warranty for the sole benefit of Licensee that the Software shall conform substantially shall, for a period ending the later of (i) ninety (90) days following the commencement of this Agreement or (ii) the expiration of the end-user support period, equal to the description in its Documentation when used in a Supported Environment for lease/maintenance period (the first thirty (30) days of the License Term“Warranty Period”), unless otherwise required by applicable law. If the media is defective, your sole remedy operate as described in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within applicable user documentation. If, during the warranty period. If Warranty Period, the Software does not substantially conform fails to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects operate as described in the Software or replace the defective licensed softwareapplicable user documentation, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to Licensee may return the Software provided that: (a) to GT for correction and subsequent return to Licensee. Licensee acknowledges and agrees that the foregoing limited warranty constitutes Licensee’s sole and exclusive remedy if the Software fails to operate as described in the applicable user documentation, and further acknowledges and agrees that GT shall have no obligation under said limited warranty if the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product modified by persons anyone other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawGT. EXCEPT FOR AS PROVIDED ABOVE, THE PRECEDING SOFTWARE IS HEREBY LICENSED “AS IS,” AND GT HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, BOTH EXPRESS LIMITED WARRANTYAND IMPLIED, RELATING TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAWSOFTWARE, MINDJET INCLUDING, WITHOUT LIMITATION, ANY AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE. Notwithstanding anything to the contrary contained in this Agreement. GT’s cumulative liability to Licensee and any third party with respect of any matter arising from or relating to this Agreement, TITLEincluding this limited warranty shall not exceed the licensing fees paid by Licensee to GT for the use of the Software at issue, QUIET ENJOYMENTand in no event shall GT be liable for any indirect, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTSincidental, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREEconsequential, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONSspecial or exemplary damages, DELAYSor damages for lost data or profits, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUeven if GT has been advised of the possibility of such damages or losses.

Appears in 1 contract

Samples: Software License Agreement

Limited Warranty. a. Mindjet (a) Except with respect to source code, which is provided "as is," without warranty of any kind, FusionCharts warrants that the media on which Software will perform substantially in accordance with the Software is distributed, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in accompanying materials for a Supported Environment for the first period of thirty (30) days from the date of download. FusionCharts does not warrant that the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty Software will be that Mindjet will replace any defective media returned to Mindjet within the warranty perioderror-free. If the Software Source code is licensed "as is". FusionCharts does not substantially conform provide any technical support for source code. (b) The Software may be provided with third-party components or plug-ins or other third-party software as set forth in Section 13. FusionCharts has acquired and conformed to the description in its Documentation, your sole remedy requisite licenses for such third-party software for embedding within FusionCharts and warrants that such third-party plug-ins or components will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software perform substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions expected behavior for a period of thirty (30) days from the date of download. FusionCharts does not warrant that the third-party Software will be error-free. (c) FusionCharts' and its suppliers' entire liability, in its Documentation; contract, tort or otherwise, and your exclusive remedy under the performance warranty shall be, at FusionCharts' option, either (a) return of the purchase price paid, or (b) no modificationrepair or replacement of the defective Software. Software purchased other than directly from FusionCharts shall be returned to the place it was purchased. This limited warranty is void if failure of the Software has resulted from accident, alterationabuse, or addition has been made to misapplication. Any replacement Software will be warranted for the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice remainder of the non-conformity within the warranty original thirty (30) day period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge. (d) EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 11, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET FUSIONCHARTS AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, WHETHER EITHER EXPRESS OR IMPLIED, STATUTORYWHETHER ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE, OR IN INCLUDING, BUT NOT LIMITED TO, ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITYACCURACY, COMPLETENESS, PERFORMANCE, CURRENCY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE WITH REGARD TO THE SOFTWARE. Some jurisdictions do not allow the exclusion or limitation of implied warranties, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUso the above exclusions might not apply to you.

Appears in 1 contract

Samples: Software Licensing Agreement

Limited Warranty. a. Mindjet RedSeal warrants that the media on which the Software is distributed, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed Hardware and used at all times and Software, as delivered, will perform substantially in accordance with the instructions applicable Documentation for a period of ninety days from the date of initial delivery to Licensee and that any Maintenance and Professional Services shall be performed in a professional manner. RedSeal makes no warranty that the operation of the Products will be uninterrupted or error-free, that the Products will meet Licensee’s requirements or that the Products will operate in combination with hardware or software not provided by RedSeal. In the event that the Products or Professional Services do not conform with the above warranties, RedSeal’s entire liability and Licensee’s sole remedy shall be for RedSeal to (i) with respect to Software, use its reasonable efforts to correct any reproducible error confirmed by RedSeal; provided, however, that Licensee acknowledges that RedSeal may not be able, and shall have no obligation, to correct all errors or (ii) with respect to Maintenance or and Professional Services, re-perform such Maintenance or and Professional Services at no additional charge to Licensee. In the event the Hardware does not conform to the above warranties, RedSeal’s entire liability and Licensee’s sole remedy shall be for RedSeal to provide repaired or replacement Hardware to Licensee. RedSeal’s warranty shall not extend to errors that result from: (i) Licensee’s failure to implement any Updates which are provided by RedSeal; (ii) use of the Products other than in accordance with the Documentation; (biii) no modificationany alterations of or additions to the Products performed by parties other than RedSeal; (iv) use of the Products in a manner for which they were not designed or outside the scope of this Agreement; (v) accident, alterationnegligence, or addition has been made to misuse of the Software product Products by persons any party other than Mindjet RedSeal; or its authorized representative; and (cvi) Mindjet receives written notice combination of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available Products with other products not supplied by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOURedSeal.

Appears in 1 contract

Samples: Software License Agreement

Limited Warranty. a. Mindjet Subject to the limitations set forth elsewhere in this Agreement, CBMX warrants only to RDG that the media on which the Software is distributedLicensed Products, if applicableother than Software, under normal use and conditions, will be free from defectsdefects in materials and workmanship and will comply with any then applicable pecifications for a period of twelve months from the date of shipment to the RDG, and provided that the warranty period for Arrays shall be the longest period provided by CBMX to any of its End Users. CBMX does not warrant the Software shall conform substantially is or will be free of all defects. CBMX warrants License and Supply Agreement June 18th 2001 between RDG and Combimatrix that the Software, other than the Web Services, Probe Design Software or Image Capture Software, will comply with applicable CBMX published specifications that are then current for a period of one year from the date of shipment to the description RDG. RDG's exclusive remedy for breach of warranty concerning or other nonconformance in its Documentation when used in a Supported Environment for the first thirty (30) days Licensed Products will be replacement of the License Termdefective portion thereof, unless otherwise required by applicable lawor a refund to RDG, at CBMX sole discretion. If the media is defectiveCBMX does not warrant that Licensed Products will work in combination with third-party hardware or software, your sole remedy in the event of a breach of this warranty operate uninterrupted or error free, or that non-material defects will be that Mindjet will replace any defective media returned to Mindjet within the corrected. This warranty period. If the Software does not substantially conform apply to any defect caused by failure to provide a suitable storage, use, or operating environment, use of non-recommended reagents or other materials, or the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software Licensed Products for a purpose or in a manner other than that for which they were designed, modifications or repairs done by RDG, or any other abuse, misuse, or neglect of the Licensed Products. The warranties and terminate your license remedies contained herein are exclusive, non-transferable, and effective only with respect to the Software provided that: RDG, and do not apply to any Licensed Product or any part thereof that (a) the Software has been properly installed installed, altered, moved, reinstalled or repaired by non CBMX authorized personnel or using non CBMX authorized parts, procedures, or programs, or (b) has not been serviced, and used at maintained (including all times software and firmware associated with it) pursuant to the manufacturers' recommendations and/or specifications or as required by CBMX or external codes; or (c) has been damaged by accident, shipment, handling, abuse, misuse, modifications, misapplication, or a failure to exercise due caution in accordance cleaning, maintenance, or operation; or (d) does not comply with the instructions warranty because of other, non- CBMX products or software. If RDG fails to give notice of a warranty claim during the applicable warranty period it waives that claim. CBMX and its suppliers are not obligated to provide service, upgrades, updates, improvements, or enhancements to Licensed Products beyond those set forth in the Agreement. CBMX is not responsible for any misuse of or addition to the Licensed Products by RDG or Third Party vendors. CBMX warranty is only valid provided CBMX authorized components are used. If RDG expects the Licensed Products or Web Services to be able to transfer or receive data from non-CBMX products or systems, RDG shall be responsible for any non- CBMX hardware and software connections. CBMX will not be responsible for the compatibility of or with non- CBMX products or systems or the validity of data after transfer or receipt of data from non CBMX Licensed Products. If RDG modifies any part of the Licensed Products or Software without CBMX prior written consent, including situations where such modifications includes the addition of application software to the Licensed Products, CBMX shall not be responsible for the compatibility of such modified Licensed Products or Software with other programs, future programs and releases, or test and verification routines. Additionally, any modifications to Licensed Products or Software will result in (a) termination of any warranty of CBMX and/or its Documentationlicensors with respect thereto; (b) no modification, alteration, cancellation or addition has been made to the Software product by persons other than Mindjet or its authorized representative; increased fees for service support and (c) Mindjet receives written notice termination of the non-conformity within applicable Software License. To receive the warranty period. This is your sole and exclusive remedy for a breach benefits of this the limited warranty set forth in this Section RDG will at all times ensure that all Licensed Products (as appropriate) are serviced, cleaned, stored and Mindjet’s sole maintained at CBMX recommended specifications and entire liabilityall operating instructions are followed. The foregoing excludes Software made available by Mindjet at no chargeLicense and Supply Agreement June 18th 2001 between RDG and Combimatrix frequency of preventive maintenance and tests performed shall comply with CBMX recommendations, including without limitation applicable external codes, laws and regulations. To ensure proper performance, any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults part repairs and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUreplacements will use CBMX approved and validated components.

Appears in 1 contract

Samples: License and Supply Agreement (Acacia Research Corp)

Limited Warranty. a. Mindjet warrants that the media on which the Software is distributed, if applicable, will 4.1. The Licensed Programs are warranted to be free from defects, of defects in materials and that workmanship under normal use during the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days term of the License Term, unless otherwise required by applicable lawthis agreement. If the media is defective, your sole remedy in In the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet notification, within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the of defects in the Software materials or replace the defective licensed softwareworkmanship, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and MindjetJST’s sole and entire liabilityexclusive obligation shall be, at JST’s option, either (i) to replace the Licensed Programs so that the Licensed Programs will perform substantially in accordance with the specifications, or (ii) to refund to you the amount paid by you for the Licensed Programs. 4.2. The foregoing excludes Software made available Licensed Programs will perform substantially in accordance with the then current published functional specifications for the term of this agreement. In the event of notification, within the warranty period, of a failure of the Product to perform in accordance with specifications, your sole and exclusive remedy and/or JST's or any of JST’s Product resellers’ or dealer's sole and exclusive obligation shall be, at JST’s option, either (i) to replace the Licensed Programs so that the Licensed Programs will perform substantially in accordance with the specifications, or (ii) to refund to you the amount paid by Mindjet at no charge, including without limitation any trial or NFR (not you for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawLicensed Programs. 4.3. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY AS SPECIFIED IN THIS SECTION 4 THERE ARE NO WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EITHER EXPRESS OR IMPLIED, STATUTORYINCLUDING, OR IN ANY OTHER PROVISION OF THIS XXXXBUT NOT LIMITED TO, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS AND MERCHANTABILITY FOR A PARTICULAR PURPOSE, TITLEAND THE LICENSED PROGRAMS, QUIET ENJOYMENTLICENSED PROGRAM MATERIALS, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYSPROGRAM DOCUMENTATION, AND OTHER PROBLEMS INHERENT FILES ON THE MEDIA ARE OTHERWISE PROVIDED "AS IS" (Some states do not allow the exclusion of implied warranties so the above exclusion may not apply to you). 4.4. THESE ARE YOUR SOLE AND EXCLUSIVE REMEDIES for any warranty claims that you may have against JST or any reseller or dealer arising out of or in connection with the Licensed Program, whether made or suffered by you or another person. 4.5. IN NO EVENT WILL JST, OR ANY RESELLER OR DEALER OF JST’S PRODUCT(S), BE LIABLE TO THE OTHER PARTY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF A BREACH OF THIS AGREEMENT OR YOUR USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS LICENSED PROGRAM MATERIALS, INCLUDING, BUT NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYSLIMITED TO, DELIVERY FAILURESLOST PROFITS OR LOSS OF BUSINESS, EVEN IF THE LICENSEE, JST, OR OTHER DAMAGE RESULTING FROM ANY ITS RESELLER OR DEALER, HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH PROBLEMSDAMAGES OCCURRING. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER(Some states do not allow the exclusion or limitation of incidental or consequential damages, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUso the above exclusion may not apply). Except for (i) a breach of a party’s confidentiality obligations, (ii) Licensee’s breach of Sections 3.1 or 3.2, (iii) a party’s grossly negligent or willful conduct in breach of this agreement, and (iv) a party’s indemnification obligations, a party’s total liability of all kinds arising out of or related to this agreement (including but not limited to any warranty claims hereunder), regardless of the form, and regardless of whether any action or claim is based in contract, tort or otherwise, shall not exceed twice the total purchase price paid by you for the Licensed Program Materials. JST’s product pricing reflects the allocation of risk and the limitation on liability contained in this agreement. 4.6. Because it is impossible for JST or the resellers or dealers of JST product(s) to know the purposes for which you acquired the Licensed Program Materials or the uses to which you will put the Licensed Program Materials, you assume full responsibility for the selection of the Licensed Program Materials, their use, and the results of that use. 4.7. While every reasonable effort has been made to ensure that you will receive a product that you can use and enjoy, neither JST nor the resellers and dealers of JST’s product(s) warrant that the functions of the Licensed Program Materials will meet your requirements or that the operation of the Licensed Program Materials will be uninterrupted or error-free. Due to the complex nature of computer programs, despite the best efforts of JST, the Licensed Program Materials in this package (like all large programs) will probably never be completely error- free. 4.8. The limited warranty above does not cover any product which has been the subject of abuse or damage by Licensee, nor does it cover any product which has been altered or changed by anyone other than JST (or as approved by JST). 4.9. Neither JST nor the reseller and dealers of JST product(s) are responsible for problems caused by changes in the operating characteristics of the hardware or operating system software you are using which are made after the release date of this version of the Licensed Program Materials, nor for problems in the interaction of the Licensed Program Materials with any other software. 4.10. No action for breach of warranty may be commenced more than 1 (one) year following the expiration date of the above limited warranty.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty. a. Mindjet (a) Cornell warrants that, without conducting any investigation or any inquiry, it has the lawful right to grant the License, and that, as of the Effective Date, CTL has not received written notice from any third-party of any pending or threatened legal action or suit asserting that the media on which the Software is distributed, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software Patent Rights or the Nonexclusive Patent Rights or the Technology as contemplated hereunder for the development and terminate your license commercialization of any Licensed Product would infringe or misappropriate the patent rights or intellectual property rights of any third-party. Notwithstanding the foregoing, Xxxxxxx’x warranty that “it has the lawful right to grant the License” does not and shall not apply to the Software provided that: Original Material (a) the Software has been properly installed and used at all times and as described in accordance with the instructions in its Documentation; Appendix C). (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This The License is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as isAS IS” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES WARRANTY OF ANY KIND. THE ABOVE MERCHANTABILITY or WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE or any other warranty, TITLEexpress or implied. Neither Cornell nor Xxxxxxxx make any representation or warranty that the Licensed Product, QUIET ENJOYMENTany Licensed Method or the use of the Patent Rights or the Nonexclusive Patent Rights or the Technology will not infringe any other patent or other proprietary rights. (c) In no event shall Cornell or Xxxxxxxx be liable for any incidental, special or consequential damages resulting from exercise of the License or the use of the Invention, the Patent Rights, the Nonexclusive Patent Rights, any Licensed Product, any Licensed Method or the Technology. [ *** ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED BECAUSE IT IS BOTH (I) NOT MATERIAL AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT (II) IS THE TYPE THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTSREGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL. (d) Nothing in this Agreement shall be construed as: (i) a warranty or representation by Cornell or Xxxxxxxx as to the validity or scope of any patent or patent application in the Patent Rights or in the Nonexclusive Patent Rights; (ii) a warranty or representation that anything made, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERRORused, sold or otherwise disposed of under any license granted in this Agreement is or shall be free from infringement of patents of third parties; (iii) an obligation to bring or prosecute actions or suits against third-FREEparties for patent infringement except as provided in Paragraph 5.2 hereof; (iv) conferring by implication, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONSestoppel or otherwise any license or rights under any patents of Cornell or Einstein other than those in the Patent Rights and in the Nonexclusive Patent Rights as defined in this Agreement, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUregardless of whether those patents are dominant or subordinate to those in the Patent Rights or in the Nonexclusive Patent Rights; (v) an obligation to furnish any know-how not provided in the Technology and in the patents and patent application in the Patent Rights and in the Nonexclusive Patent Rights; or (vi) an obligation to update the Technology.

Appears in 1 contract

Samples: License Agreement (Lexeo Therapeutics, Inc.)

Limited Warranty. a. Mindjet warrants that the media on which the Software is distributedProducts manufactured by Xxxxx Electrical Specialists, if applicable, will Inc. (Xxxxx) are warranted to be free from defectsdefects in material and workmanship under normal use and service for a period of one (1) year from the date of manufacture. Xxxxx will refund the price of the defective product, repair or replace, at its option, products which prove to be defective within the warranty period, if product is repaired or replaced it will be shipped F.O.B. Xxxxx’x facility. Xxxxx warranty shall be voided by any repair, alteration, or modification by persons other than the employees of Xxxxx, or those who are expressly authorized by Xxxxx to make such repairs, and that by any abuse, misuse or neglect of the Software products or by use not in accordance with the Xxxxx published instructions. The remedies for any failure of the Byrne products to meet its warranty specified herein shall conform substantially to be those remedies stated herein and no other; these remedies being exclusive remedies as a condition of sale irrespective of the description theory upon which any claim might be based, including negligence, breach of contract or strict liability. The determination whether a defect exists shall be made solely by Xxxxx. Except as provided in its Documentation when used in a Supported Environment this paragraph, Xxxxx makes no warranty, express or implied, by operation of law or otherwise, including any warranty of merchantability or fitness for the first any particular purpose. Xxxxx shall not be liable on any claim for defective goods which is not made within thirty (30) days of the License Term, unless otherwise required after such goods have been received by applicable lawXxxxx. If the media is defective, your sole remedy in the event of a breach of this This warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentationcover any assemblies or parts not manufactured by Seller. IF THE GOODS ARE MADE ACCORDING TO BUYER'S SPECIFICATION, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET SELLER DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION ADEQUACY OR APPROPRIATENESS OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREESUCH SPECIFICATIONS, OR THAT DEFECTS IN THE SOFTWARE GOODS, EITHER ALONE OR AS COMBINED WITH OR INTO OTHER PRODUCT, WILL BE CORRECTEDSATISFY OR COMPLY WITH INDUSTRY OR GOVERNMENTAL CODES, STANDARDS, SPECIFICATIONS, REGULATIONS OR REQUIREMENTS. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, ALL RISK AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM LIABILITY ASSOCIATED WITH ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES NONSATISFACTION OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUNONCOMPLIANCE IS HEREBY EXPRESSLY ASSUMED BY BUYER.

Appears in 1 contract

Samples: Terms and Conditions of Sale

Limited Warranty. a. Mindjet warrants that the media on which the Software is distributed, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) Provided that Licensee has paid the Software has been properly installed and used at all times and applicable Fee, QUADIENT warrants during the subscription period or License term, that (i) the Service will perform substantially in accordance with the instructions in its Documentation; relevant Documentation as found at xxxxxxxxxxxxx.xx, under normal use and circumstances (b) and that there will be no modification, alteration, or addition has been made to material diminishment of the Software product by persons other than Mindjet or its authorized representativeService as it exists on the Effective Date of the Customer Contract for such Services); and (cii) Mindjet receives written notice of it will use industry best practices to ensure that the Services provided to Customer do not contain any disabling devices, viruses, Trojan horses, trap doors, back doors, Easter eggs, time bombs, cancelbots, or other computer programming routines designed to damage, detrimentally interfere with, surreptitiously intercept or expropriate any other software or data. QUADIENT’s sole obligations under the warranty set forth in this Section 4.1 shall be for QUADIENT to correct or by-pass the non-conformity or, if QUADIENT is unable to correct or by-pass the non-conformity within ninety (90) days after Customer’s written notice, for Customer to terminate the warranty periodapplicable subscription and receive a refund of prepaid unused fees. b) QUADIENT and its suppliers provide no remedies or warranties, whether express or implied for any non-GA Release, such as Test or Trial Versions or First Mover Advantage Program of a Service. This Any non-GA Release of the Service is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and with express disclaimer of any warranty. Further, QUADIENT provides no remedies or warranties whether express or implied for any content packages like form letters. QUADIENT provides those content packages “as availableisand You use those content packages at your own risk. c) No oral or written information or advice given by QUADIENT, its suppliers and resellers or employees shall create a warranty for QUADIENT or in any way increase the scope of any warranty provided herein. d) QUADIENT reserves the right to make changes, modifications and enhancements to the Services from time to time. In the event the change or modification is to documented functionality, and is material to the function or operation of the Services (a “Material Change”), QUADIENT shall use reasonable commercial efforts to provide Customer with prior prompt written notice of any Material Change prior to implementation of such Material Change (unless such is required to rectify an urgent system issue) which shall be communicated directly to Customer by email or otherwise through QUADIENT normal communication channels such as via QUADIENT ’s release information portal. If You do not agree with any changes made to the Service by QUADIENT, you may terminate the Service. e) Except as set forth in this section 4 of this Agreement QUADIENT disclaims all faults other warranties and without representations, whether expressed, implied or otherwise, including the warranties of merchantability or fitness for a particular purpose. Also there is no warranty of any kind non-infringement of third party intellectual property rights and title for the Third Party and Open Source components of the Services. f) Where some jurisdictions do not allow the exclusion of certain implied warranties, the exclusion of QUADIENT’s warranty in this limited warranty section shall apply to the maximum fullest extent permitted by applicable law. g) QUADIENT's Services may be subject to limitations, delays, and other problems external to QUADIENT and inherent in the use of the internet and electronic communications. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTYNotwithstanding the foregoing, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAWQUADIENT shall use reasonable and industry best practices standard technical means to reduce and limit the impacts of such problems, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIESbut QUADIENT disclaims any and all responsibility for delays, WHETHER EXPRESS OR IMPLIEDdelivery failures, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUor other damage resulting from such problems.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty. a. Mindjet The Supplier warrants that each Product sold under this Contract, for the media on which [***] period commencing upon LDR MEDICAL’s receipt of the Software is distributedProduct, if applicable, will shall comply with the applicable Specifications and shall be free from defectsdefects in material and workmanship. Notwithstanding anything to the contrary stipulated in this Contract, the Supplier’s warranty such as supplied in this Contract shall be null if any repair, amendment, modification or work has been carried out on the aforementioned Product or insofar as any alleged defect is the result of misuse, improper use, incorrect storage or maintenance, an accident, action or inaction by any party other than the Supplier. The Supplier shall not be liable for (a) the quality or condition of any material supplied by or through LDR MEDICAL or (b) any defect insofar as it is due to usage that does not comply with the applicable instructions. Subject to the foregoing, if a Product is not as it is guaranteed to be, and that LDR MEDICAL notifies the Software shall conform substantially Supplier in writing and returns this Product to the description in its Documentation when used in Supplier within a Supported Environment for the first thirty period of sixty (3060) days following the discovery of the License Termdefect by LDR MEDICAL, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned Supplier shall choose to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software either quickly repair or replace the defective licensed software, and, if Mindjet is unable to make Product or it shall reimburse the deficient licensed software substantially conform Product’s purchase price. Before returning a Product to the description in its Documentation after such commercially reasonable effortsSupplier, LDR MEDICAL must contact the Supplier and the Supplier must provide LDR MEDICAL with a RMA number. LDR MEDICAL may only return the approved items and quantities through the RMA. Any Product that is repaired or replaced shall be sent back to discontinue your use of LDR MEDICAL and the licensed software and terminate your license to Supplier alone shall bear the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty periodcosts. This is your sole and Such exclusive remedy for shall not be deemed to have failed in fulfilling its essential purpose as long as the Supplier shall be willing and able to repair or replace a breach of this limited warranty and Mindjet’s sole and entire liabilitydefective Product or to reimburse the purchase price as indicated. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT THE REPAIR OR REPLACEMENT OF THE PRODUCT OR REIMBURSEMENT OF THE PURCHASE PRICE SUCH AS IS PROVIDED FOR THE PRECEDING EXPRESS UNDER THIS LIMITED WARRANTY, TO IS THE MAXIMUM EXTENT PERMITTED BY APPLICABLE EXCLUSIVE REMEDY FOR LDR MEDICAL. THE WARRANTIES IN THIS CLAUSE REPLACE ANY OTHER EXPRESS OR IMPLICIT, MANDATORY LAWOR OTHER WARRANTY, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE MERCHANTABILITY AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Supply Agreement (LDR Holding Corp)

Limited Warranty. a. Mindjet warrants that the media on which the Software is distributed, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) Provided that Licensee has paid the Software has been properly installed and used at all times and applicable Fee, QUADIENT warrants during the subscription period or License term, that (i) the Service will perform substantially in accordance with the instructions in its Documentation; relevant Documentation as found at xxxxxxxxxxxxx.xxx, under normal use and circumstances (b) and that there will be no modification, alteration, or addition has been made to material diminishment of the Software product by persons other than Mindjet or its authorized representativeService as it exists on the Effective Date of the Customer Contract for such Services); and (cii) Mindjet receives written notice of it will use industry best practices to ensure that the Services provided to Customer do not contain any disabling devices, viruses, trojan horses, trap doors, back doors, Easter eggs, time bombs, cancelbots, or other computer programming routines designed to damage, detrimentally interfere with, surreptitiously intercept or expropriate any other software or data. QUADIENT’s sole obligations under the warranty set forth in this Section 4.1 shall be for QUADIENT to correct or by-pass the non-conformity or, if QUADIENT is unable to correct or by-pass the non- conformity within ninety (90) days after Customer’s written notice, for Customer to terminate the warranty periodapplicable subscription and receive a refund of prepaid unused fees. b) QUADIENT and its suppliers provide no remedies or warranties, whether express or implied for any non-GA Release, such as Test or Trial Versions or First Mover Advantage Program of a Service. This Any non-GA Release of the Service is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and with express disclaimer of any warranty. Further, QUADIENT provides no remedies or warranties whether express or implied for any content packages like form letters. QUADIENT provides those content packages “as availableisand You use those content packages at your own risk. c) No oral or written information or advice given by QUADIENT, its suppliers and resellers or employees shall create a warranty for QUADIENT or in any way increase the scope of any warranty provided herein. d) QUADIENT reserves the right to make changes, modifications and enhancements to the Services from time to time. In the event the change or modification is to documented functionality, and is material to the function or operation of the Services (a “Material Change”), QUADIENT shall use reasonable commercial efforts to provide Customer with prior prompt written notice of any Material Change prior to implementation of such Material Change (unless such is required to rectify an urgent system issue) which shall be communicated directly to Customer by email or otherwise through QUADIENT normal communication channels such as via QUADIENT ’s release information portal. If You do not agree with any changes made to the Service by QUADIENT, you may terminate the Service. e) Except as set forth in this section 4 of this Agreement QUADIENT disclaims all faults other warranties and without representations, whether expressed, implied or otherwise, including the warranties of merchantability or fitness for a particular purpose. Also there is no warranty of any kind non-infringement of third party intellectual property rights and title for the Third Party and Open Source components of the Services. f) Where some jurisdictions do not allow the exclusion of certain implied warranties, the exclusion of QUADIENT’s warranty in this limited warranty section shall apply to the maximum fullest extent permitted by applicable law. g) QUADIENT's Services may be subject to limitations, delays, and other problems external to QUADIENT and inherent in the use of the internet and electronic communications. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTYNotwithstanding the foregoing, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAWQUADIENT shall use reasonable and industry best practices standard technical means to reduce and limit the impacts of such problems, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIESbut QUADIENT disclaims any and all responsibility for delays, WHETHER EXPRESS OR IMPLIEDdelivery failures, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUor other damage resulting from such problems.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty. a. Mindjet warrants that the media on which the Software is distributed, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) As to all components of the Software Products manufactured by Manufacturer, Manufacturer makes the warranties set forth in Exhibit B, attached hereto and made a part hereof. As to all components of the Products manufactured by any entity other than Manufacturer, Manufacturer extends to Distributor the warranties as to such components provided by such other entity to Manufacturer for the length of time that such warranty remains valid for Manufacturer. The time and scope of the warranties described in Exhibit B shall not exceed the time and scope of any warranties granted by Distributor to any purchaser of such Product. (b) Under no circumstances shall the warranties set forth in Exhibit B apply to any Product which has not been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition set-up or which has been made used with unapproved assemblies or sub-assemblies or to any Product which has been customized or modified, damaged or misused. Notwithstanding any other provision in this Agreement, Manufacturer shall not be held responsible for any damage which may result from a defective part, except for the Software product by persons other than Mindjet or its authorized representative; and replacement of such part as set forth in Exhibit B. (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO PROVISIONS OF THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY FOREGOING WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND ARE IN LIEU OF ALL ANY OTHER WARRANTIESWARRANTY, WHETHER EXPRESS OR IMPLIED, STATUTORY, WRITTEN OR IN ORAL (INCLUDING ANY OTHER PROVISION WARRANTY OF THIS XXXX, MERCHANTABILITY OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE). (d) Any different or additional warranty given by Distributor to its customers shall be at Distributor's sole cost, TITLEexpense and risk and Distributor shall indemnify the Manufacturer against any liablity arising out of any such different or additional warranty. (e) Manufacturer may elect to satisfy any warranty claim by replacing the defective Product or refunding the total purchase price at the Manufacturer's option. If requested, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUthe Distributor shall return the defective Product at its expense to the Manufacturer.

Appears in 1 contract

Samples: International Distribution Agreement (Morrow Snowboards Inc)

Limited Warranty. a. Mindjet Dxxxxxxx represents and warrants that (a) it will perform Services in accordance with (i) the media on which terms of this Agreement including any timelines agreed upon by the Software is distributedParties, and (ii) all applicable industry standards and all applicable laws, regulations, rules, published guidelines and, if applicable, will be free from defectsgenerally accepted standards of good clinical practice and SOPs (collectively, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation“Applicable Laws”); (b) no modificationDxxxxxxx and Dxxxxxxx Personnel or any other person used by Dxxxxxxx to perform Services has not been(i) debarred, alterationconvicted, or addition has been made is subject to a pending debarment or conviction, pursuant to the Software product United States Food, Drug and Cosmetic Act, or (ii) listed by persons other than Mindjet any government or its authorized representativeregulatory agencies as ineligible to participate in any government healthcare programs or government procurement or non-procurement programs, or excluded, debarred, suspended or otherwise made ineligible to participate in any such program; and (c) Mindjet receives Danforth has the full right to allow it to provide Company with the assignments and rights provided for herein (and has written notice of enforceable agreements with all persons necessary to give it the non-conformity within rights to do the warranty periodforegoing) and otherwise fully perform this Agreement. This Except for any express warranties stated herein, the Services are provided on an "as is" basis, and the Company disclaims any and all other warranties, conditions, or representations (express, implied, oral or written), relating to the Services or any part thereof. Further, in performing the Services, Dxxxxxxx is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liabilitynot engaged to disclose illegal acts, including fraud or defalcations, which may have taken place. The foregoing excludes Software made available by Mindjet at no chargenotwithstanding, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty Dxxxxxxx will promptly notify the Company if Dxxxxxxx becomes aware of any kind such illegal acts during the performance of the Services. Because the Services do not constitute an examination in accordance with standards established by the American Institute of Certified Public Accountants (the “AICPA”), Dxxxxxxx is precluded from expressing an opinion as to whether financial statements provided by the maximum extent permitted Company are in conformity with generally accepted accounting principles or any other standards or guidelines promulgated by applicable lawthe AICPA, or whether the underlying financial and other data provide a reasonable basis for the statements. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTYExcept as otherwise set forth in this section 10, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAWneither party makes, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIESand each party explicitly disclaims, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUall other representations or warranties.

Appears in 1 contract

Samples: Master Services Agreement (Aldeyra Therapeutics, Inc.)

Limited Warranty. a. Mindjet (a) Except with respect to source code, which is provided "as is," without warranty of any kind, InfoSoft warrants that the media on which Software will perform substantially in accordance with the Software is distributed, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in accompanying materials for a Supported Environment for the first period of thirty (30) days from the date of purchase. InfoSoft does not warrant that the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty Software will be that Mindjet will replace any defective media returned to Mindjet within the warranty perioderror-free. If the Software Source code is licensed "as is". InfoSoft does not substantially conform provide any technical support for source code. (b) The Software may be provided with third-party components or plug-ins or other third-party software as set forth in Section 12. InfoSoft has acquired and conformed to the description in its Documentation, your sole remedy requisite licenses for such third-party software for embedding within InfoSoft and warrants that such third-party plug-ins or components will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software perform substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions expected behavior for a period of thirty (30) days from the date of download. InfoSoft does not warrant that the third-party Software will be error-free. (c) InfoSoft's and its suppliers' entire liability, in its Documentation; contract, tort or otherwise, and your exclusive remedy under the performance warranty shall be, at InfoSoft's option, either (a) return of the purchase price paid, or (b) no modificationrepair or replacement of the defective Software. Software purchased other than directly from InfoSoft shall be returned to the place it was purchased. This limited warranty is void if failure of the Software has resulted from accident, alterationabuse, or addition has been made to misapplication. Any replacement Software will be warranted for the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice remainder of the non-conformity within the warranty original thirty (30) day period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge. (d) EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 10, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET INFOSOFT AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, WHETHER EITHER EXPRESS OR IMPLIED, STATUTORYWHETHER ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE, OR IN INCLUDING, BUT NOT LIMITED TO, ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITYACCURACY, COMPLETENESS, PERFORMANCE, CURRENCY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE WITH REGARD TO THE SOFTWARE. Some jurisdictions do not allow the exclusion or limitation of implied warranties, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUso the above exclusions might not apply to you.

Appears in 1 contract

Samples: Software Licensing Agreement

Limited Warranty. a. Mindjet GT warrants that for the media on which the Software is distributed, if applicable, will be free from defects, and sole benefit of Licensee that the Software shall conform substantially shall, for a period ending the later of (i) ninety (90) days following the commencement of this Agreement or (ii) the expiration of the end-user support period, equal to the description lease/maintenance period (the “Warranty Period”), operate as described in its Documentation when used the applicable user documentation. If, during the Warranty Period, the Software fails to operate as described in a Supported Environment the applicable user documentation, Licensee may return the Software to GT for correction and subsequent return to Licensee. Licensee acknowledges and agrees that the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your foregoing limited warranty constitutes Licensee’s sole and exclusive remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform fails to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects operate as described in the Software or replace the defective licensed softwareapplicable user documentation, and, and further acknowledges and agrees that GT shall have no obligation under said limited warranty if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product modified by persons anyone other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawGT. EXCEPT FOR AS PROVIDED ABOVE, THE PRECEDING SOFTWARE IS HEREBY LICENSED “AS IS,” AND GT HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, BOTH EXPRESS LIMITED WARRANTYAND IMPLIED, RELATING TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAWSOFTWARE, MINDJET INCLUDING, WITHOUT LIMITATION, ANY AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE. Notwithstanding anything to the contrary contained in this Agreement. GT’s cumulative liability to Licensee and any third party with respect of any matter arising from or relating to this Agreement, TITLEincluding this limited warranty shall not exceed the licensing fees paid by Licensee to GT for the use of the Software at issue, QUIET ENJOYMENTand in no event shall GT be liable for any indirect, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTSincidental, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREEconsequential, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONSspecial or exemplary damages, DELAYSor damages for lost data or profits, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUeven if GT has been advised of the possibility of such damages or losses.

Appears in 1 contract

Samples: Software License Agreement

Limited Warranty. a. Mindjet For 90 days from the Date of Confirmation (the "Warranty Period") and subject to the terms of this Agreement, WinMagic warrants that the media on which Software will reasonably conform to the specifications contained in the Documentation. You agree that the limited warranty set out in this section is invalidated and that you will have no claim whatsoever in respect of that warranty if: (a) you are not the purchaser of the licenses to the Licensed Materials; (b) you fail to report in writing to WinMagic, during the Warranty Period, any defect or error claimed to be a breach of the warranty; (c) the Software is distributedmisused; (d) you fail to promptly install an update issued by WinMagic; (e) the claim to defect or error has been caused, if applicablein whole or in part, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty by persons other than WinMagic; or (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (af) the Software has been properly installed and used at all times and in accordance on a system that has not been certified by WinMagic as compatible with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to Software at the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice time of the non-conformity purchase. If you have a warranty claim brought properly within the warranty period. This is your Warranty Period, WinMagic's sole and exclusive remedy for a breach of responsibility pursuant to this limited warranty and Mindjetwill be, at WinMagic’s sole discretion, to: (i) replace the Software with a version that meets the above-stated warranty; or (ii) terminate this Agreement and entire liabilityreturn to you a pro-rata portion of the Fees paid by you for the then current Term. The foregoing excludes Software made available by Mindjet In the case of a perpetual license, such refund will be calculated based on amortization of the Perpetual License Fee over a five (5) year period on a straight-line basis. If WinMagic, at no chargeits sole discretion, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” accountchooses to replace the Software, which are provided “as is” and “as available” with all faults and without warranty of any kind the Warranty Period applicable to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KINDreplacement Software will be the greater of the remaining time available to you pursuant to the original Warranty Period or 30 days from the date you receive a link allowing you to download the replacement Software. THE ABOVE LIMITED WARRANTY SET FORTH IN THIS PROVISION IS EXCLUSIVE AND THE ONLY WARRANTY MADE BY WINMAGIC IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION RESPECT OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUSOFTWARE.

Appears in 1 contract

Samples: Software License Agreement

Limited Warranty. a. Mindjet 3.1 Progress warrants that that, for a period of ninety (90) days from either the media date of the initial shipment or availability for download from a Progress website of the Product, whichever occurs first (the “Warranty Period”), (i) the Product will conform in all material respects to the Documentation and (ii) the media, if any, on which the Software Product is distributed, if applicable, recorded will be free from defects, defects in materials and that the Software shall conform substantially to Product is properly recorded on the description in its Documentation when used in a Supported Environment for media. As the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach physically defective media (such as the diskettes, cartridges, CD‐ROMs, DVDs or magnetic tapes), Progress will replace it free of this limited warranty and Mindjet’s charge if claimed during the Warranty Period. As the sole and entire liabilityexclusive remedy for any failure of the Product to materially conform to the Documentation, Progress shall repair or replace the Product if such failure is reported during the Warranty Period or, if Progress, at its discretion, reasonably determines that such remedy is not economically or technically feasible, only the Government may terminate in accordance with FAR 52.212‐4(l) & (m). Progress or its supplier (as applicable) shall provide a full refund of the license fee paid with respect to the particular Product. The foregoing excludes Software made available by Mindjet at no chargeabove warranties do not cover Updates, including without limitation generic non‐configured solution packs, any trial Product provided on an evaluation basis or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind defects to the maximum extent permitted Product due to accident, abuse, service, alteration, modification or improper installation or configuration by applicable lawLicensee, its personnel or any third party. 3.2 Progress does not warrant that the functions of the Product will meet Licensee’s requirements or that operation of the Product will be uninterrupted or error free. Licensee assumes responsibility for selecting the Product to achieve its intended results and for the use and results obtained from the Product. 3.3 THE LIMITED WARRANTY SPECIFIED IN SECTION 3.1 SETS FORTH ALL WARRANTIES AND REPRESENTATIONS PROVIDED TO LICENSEE WITH RESPECT TO THE PRODUCT AND ANY SERVICES AND UPDATES PROVIDED HEREUNDER, AND SUCH LIMITED WARRANTY IS PROVIDED SOLELY BY PROGRESS AND NOT ITS LICENSORS. EXCEPT FOR AS EXPRESSLY SET FORTH IN THIS AGREEMENT, PROGRESS, ITS LICENSORS AND THEIR RESPECTIVE SUPPLIERS MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, RELATING TO THE PRECEDING PRODUCT, OR ANY SERVICES OR UPDATES PROVIDED UNDER THIS AGREEMENT. ANY UPDATES OR SERVICES DELIVERED HEREUNDER ARE DELIVERED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS LIMITED WARRANTYOR IMPLIED, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIESIMPLIED WARRANTIES AND REPRESENTATIONS INCLUDING, WHETHER EXPRESS OR IMPLIEDBUT NOT LIMITED TO, STATUTORYANY IMPLIED WARRANTY OF TITLE AND NON‐INFRINGEMENT WITH RESPECT TO THE PRODUCT, OR IN ANY OTHER PROVISION OF SERVICES AND UPDATES PROVIDED UNDER THIS XXXXAGREEMENT ARE DISCLAIMED. Further, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITYthe Product is not fault tolerant and is not designed, FITNESS FOR A PARTICULAR PURPOSEmanufactured or intended for use in hazardous environments requiring fail‐safe performance (including, TITLEwithout limitation, QUIET ENJOYMENTthe design, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTSconstruction, operation or maintenance of any nuclear facility; direct life support machines; weapon systems; or control of aircraft, air traffic, aircraft navigation or aircraft communications), in which the failure of the Product could lead directly or indirectly to death, personal injury or severe physical or environmental damage. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTSWithout limiting the scope of the disclaimers set forth herein, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREEProgress for itself and on behalf of its licensors and their respective suppliers, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTEDdisclaims any express or implied warranty of fitness for any such high risk uses. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONSIn the event of a breach of warranty, DELAYSthe U.S. Government reserves all rights and remedies under the master contract, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYSthe Federal Acquisition Regulations, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUand federal law.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty. a. Mindjet Caveonix warrants to User that the encoding of the software program on the media on which the Software is distributed, if applicable, Products are furnished will be free from defectsdefects in material workmanship, and that the Software Products shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to their user manual, as it exists at the description in its Documentationdate of delivery, your for a period of ninety (90) days from the date User receive the original License Key. Caveonix’s entire liability and User’s exclusive and sole remedy will be that Mindjet shallshall be, at its option Caveonix’s option, either: (i) refund of any fees paid to Caveonix by User to License the Products, and its sole discretionsubsequent termination of this Agreement, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use (ii) repair or replacement of the licensed software and terminate your license to the Software provided Products or media that do not meet this limited warranty; provided, that: , (ai) the Software Product has been properly installed and used at all times and in accordance with the instructions in its Documentationthe applicable user manuals; (b) no modification, alteration, alteration or addition has been made to the Software product Produces by persons other than Mindjet Caveonix or its Caveonix’s authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTYWARRANTIES SET FORTH IN THIS SECTION 7.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET PRODUCTS AND ITS LICENSORS PROVIDE THE SOFTWARE ANY SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES WARRANTY OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY. CAVEONIX DOES NOT WARRANT THAT THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS PRODUCTS WILL MEET USER’S REQUIREMENTS OR IMPLIED, STATUTORY, THAT THEIR OPERATION WILL BE UNINTERRUPTED OR IN ERROR FREE. CAVEONIX EXPRESSLY DISCLAIMS ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF ON MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEAND NON- INFRINGEMENT. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTSso the above limitations may not apply to User. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTEDThis warranty gives User specific legal rights. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMSUser may have other rights that vary from state to state. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUThis warranty does not apply to any evaluation licenses.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty. a. Mindjet warrants 7.1 Where We fail to provide Professional Services which are deemed professional services (Dienstleistungen) within the meaning of applicable law in accordance with Section 1 of this Annex B, We shall cure such failure within a reasonable period of time, provided You have informed Us thereof in writing without undue delay, but in no event later than two (2) weeks following Our provision of the affected Professional Service. Damage claims and claims for reimbursement of vain expenditures shall be subject to the limitations set out in Section 8 of this Annex B. All further claims, including claims for damages and for reimbursement of vain expenditures, regardless of their legal basis, shall be excluded. 7.2 To the extent Our Professional Services consist of works services (Werkleistungen) within the meaning of applicable law, the following shall apply: 7.2.1 We warrant in accordance with the provisions of Section 7.2 of this Annex B that Our Professional Services shall materially conform with all specifications explicitly agreed in the media on which the Software is distributed, if applicable, will be free from defectsapplicable Order, and that no third-party rights shall affect Our grant of the Software agreed usage rights. Where no specifications are agreed, We warrant that the Work Results shall conform substantially to the description in its Documentation when used in a Supported Environment be suitable for the first thirty (30) days contractually agreed usage, and otherwise are suitable for their common usage, and consist of a quality which can commonly be expected for work results of the License Termrelevant type. 7.2.2 You shall inform Us of any defect in writing without undue delay, unless otherwise required by applicable law. If precisely specifying the media exact problem and all providing information which is defective, your sole remedy reasonably necessary in view of Our remediation of the defect. 7.2.3 In the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentationa warranty, your sole remedy will be that Mindjet We shall, at its Our option and its sole discretionexpense, correct either re-perform (Nacherfüllung) the affected Professional Service and provide You with a new, defect-free version of the Work Product, or by remediating the defect. Remediation of a defect may also be accomplished by providing You with a reasonable work-around from the effects of the defect. In the event of proven defects in title, Our re-performance may be performed either by providing You with the Software agreed rights of use in view of the Work Product or, at Our choice, in an alternative exchange or replacement Work Product which still materially complies with the agreed specifications. You shall accept such new version of the Work Product if and to the extent the contractually agreed specifications are complied with, and always provided this is not unreasonable for You. The urgency of Our remediation shall be dependent on the effects of the defect in view of Your use. The other provisions of this Annex B, in particular Section 2, shall apply accordingly. 7.2.4 If We cannot reasonably repair or replace the defective licensed softwareaffected Work Product after expiry of a reasonable grace period provided by You in writing, and, if Mindjet is unable to make You may terminate the deficient licensed software substantially conform Order or reduce the Fees accordingly (Minderung). We shall be responsible for damage claims and claims for vain expenditures (vergebliche Aufwendungen) in view of Our breach of warranty subject to the description limitation of liability in its Documentation after such commercially reasonable effortsSection 8 of this Annex B. All further claims, including claims for damages and for reimbursement of expenditures, regardless of their legal basis, shall be excluded. 7.2.5 The period of limitation for claims pursuant to discontinue your use Sections 7.2.1 to 7.2.3 of this Annex B shall be one (1) year and commences on the date of acceptance of the licensed software respective Work Product. This also applies to claims resulting from termination or Fee reduction in accordance with Section 7.2.4 of this Annex B. The abbreviation of the statute of limitation shall not apply in cases of wilful misconduct or gross negligence on Our part, in the event of wilful concealment of defects, personal damages or in view of defects of title pursuant to Section 438 para. 1 lit. 1 a of the German Civil Code (Bürgerliches Gesetzbuch). 7.2.6 The period of limitation in respect of remediation services, work-arounds and terminate your license new deliveries provided as part of Our re-performance shall also be completed at the point in time described in Section 7.2.5 of this Annex B above. As long as We are, in agreement with You, verifying the existence of a defect or providing re-performance activities, the period of limitation shall be inhibited (Hemmung) until We inform You of the result of Our verification, declare re- performance to be completed or reject further re-performance activities. The period of limitation shall not be completed earlier than three (3) months after the Software provided that: (a) end of its inhibition. 7.2.7 Where We are providing Services in view of the Software has been properly installed and search for or the remediation of defects without being legally obliged to do so, We shall be entitled to a compensation. This particularly applies if a notified defect remains unproven or cannot be connected to Our performance, or where the Work Results are not used at all times and in accordance with the instructions Agreement. 7.3 Warranty claims asserted by You under this Annex B shall have no effect on any other Orders or other contracts that are in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; place between You and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUUs.

Appears in 1 contract

Samples: Master Services Agreement

Limited Warranty. a. Mindjet (a) Licensor warrants that the Software, without Modifications, will substantially conform to the Related Materials for a period of one (1) year from the date of receipt by Licensee. Licensor warrants that the media on upon which the Software is distributed, if applicable, provided and the Related Materials will be free from defects, defects in materials and that the Software shall conform substantially to the description in its Documentation when used in workmanship under normal use and service for a Supported Environment for the first thirty period of ninety (3090) days from the date of the License Term, unless otherwise required receipt by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; Licensee. (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF LICENSOR DISCLAIMS ALL OTHER WARRANTIES, WHETHER EITHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT WITH RESPECT TO THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMSRELATED MATERIALS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS THE LIMITATION OR EXCLUSION OF A CONSUMER, INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE EXCLUSION AND LIMITATIONS FOREGOING EXCLUSIONS MAY NOT APPLY TO YOUCOMPANY. COMPANY MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. (c) During the warranty period, Licensor's entire liability and Licensee's exclusive remedy shall, at Licensor's option, be one of the following: (i) Licensor may attempt to correct or work around Errors; (ii) Licensor may replace the Software and Related Materials; (iii) Licensor may refund to Licensee the license fees paid to Licensor upon return of the Software and Related Materials to Licensor or its authorized distributor. (d) Licensor shall not be liable for damages, direct or indirect, special, incidental, consequential, 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 1 contract

Samples: Software License Agreement

Limited Warranty. a. Mindjet Licensor warrants to Licensee that during the media first sixty (60) days after the Delivery Date (the "Warranty Period") the Licensed Products will conform to Licensor's published specifications in effect on which the Software is distributed, if applicable, will be free from defectsDelivery Date, and that the Licensed Software shall conform will perform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy as described in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty periodaccompanying Licensed Documentation. If the Software Licensor does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: warrant (a) that the Licensed Software has been properly installed and used at all times and in accordance with the instructions in its Documentationwill meet Licensee's requirements; (b) no modification, alteration, or addition has been made to that operation of the Licensed Software product by persons other than Mindjet or its authorized representativewill be uninterrupted; and (c) Mindjet receives written notice that the Licensed Product is error free; (d) that all defects in the Licensed Product will be corrected; or (e) any change or modification of the non-conformity within Licensed Software made by Licensee; provided, however, any change or modification properly made by Licensee in accordance with instructions contained in the Licensed Documentation for the Licensed Software shall not void the warranty periodprovided by Licensor herein. Laws from time to time in force may imply warranties that cannot be excluded or can only be excluded to a limited extent. This is your sole Agreement shall be read and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation construed subject to any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawsuch statutory provisions. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTYAS EXPRESSLY PROVIDED IN THIS AGREEMENT, LICENSOR MAKES NO OTHER WARRANTIES OR REPRESENTATIONS RELATING TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET LICENSED SOFTWARE OR ITS PERFORMANCE OR WITH RESPECT TO THE LICENSED DOCUMENTATION AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF LICENSOR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE LICENSED PRODUCTS, WHETHER EXPRESS OR IMPLIED, STATUTORYARISING BY LAW, CUSTOM, PRIOR ORAL OR IN WRITTEN STATEMENTS BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVES OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, SYSTEM INTEGRATION, SUITABILITY, ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE). No warranties as may be set forth herein shall be applicable to any Licensed Products offered as a demo or trial use free of charge, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUwhich shall be accepted by Licensee on an "as is" basis.

Appears in 1 contract

Samples: Software End User License Agreement

Limited Warranty. a. Mindjet warrants that the media on which the Software is distributed, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) Provided that Licensee has paid the Software has been properly installed and used at all times and applicable Fee, QUADIENT warrants during the subscription period or License term, that (i) the Service will perform substantially in accordance with the instructions in its Documentation; relevant Documentation as found at xxxxxxxxxxxxx.xxx.xx, under normal use and circumstances (b) and that there will be no modification, alteration, or addition has been made to material diminishment of the Software product by persons other than Mindjet or its authorized representativeService as it exists on the Effective Date of the Customer Contract for such Services); and (cii) Mindjet receives written notice of it will use industry best practices to ensure that the Services provided to Customer do not contain any disabling devices, viruses, trojan horses, trap doors, back doors, Easter eggs, time bombs, cancelbots, or other computer programming routines designed to damage, detrimentally interfere with, surreptitiously intercept or expropriate any other software or data. QUADIENT’s sole obligations under the warranty set forth in this Section 4.1 shall be for QUADIENT to correct or by-pass the non-conformity or, if QUADIENT is unable to correct or by-pass the non- conformity within ninety (90) days after Customer’s written notice, for Customer to terminate the warranty periodapplicable subscription and receive a refund of prepaid unused fees. b) QUADIENT and its suppliers provide no remedies or warranties, whether express or implied for any non-GA Release, such as Test or Trial Versions or First Mover Advantage Program of a Service. This Any non-GA Release of the Service is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and with express disclaimer of any warranty. Further, QUADIENT provides no remedies or warranties whether express or implied for any content packages like form letters. QUADIENT provides those content packages “as availableisand You use those content packages at your own risk. c) No oral or written information or advice given by QUADIENT, its suppliers and resellers or employees shall create a warranty for QUADIENT or in any way increase the scope of any warranty provided herein. d) QUADIENT reserves the right to make changes, modifications and enhancements to the Services from time to time. In the event the change or modification is to documented functionality, and is material to the function or operation of the Services (a “Material Change”), QUADIENT shall use reasonable commercial efforts to provide Customer with prior prompt written notice of any Material Change prior to implementation of such Material Change (unless such is required to rectify an urgent system issue) which shall be communicated directly to Customer by email or otherwise through QUADIENT normal communication channels such as via QUADIENT ’s release information portal. If You do not agree with any changes made to the Service by QUADIENT, you may terminate the Service. e) Except as set forth in this section 4 of this Agreement QUADIENT disclaims all faults other warranties and without representations, whether expressed, implied or otherwise, including the warranties of merchantability or fitness for a particular purpose. Also there is no warranty of any kind non-infringement of third party intellectual property rights and title for the Third Party and Open Source components of the Services. f) Where some jurisdictions do not allow the exclusion of certain implied warranties, the exclusion of QUADIENT’s warranty in this limited warranty section shall apply to the maximum fullest extent permitted by applicable law. g) QUADIENT's Services may be subject to limitations, delays, and other problems external to QUADIENT and inherent in the use of the internet and electronic communications. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTYNotwithstanding the foregoing, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAWQUADIENT shall use reasonable and industry best practices standard technical means to reduce and limit the impacts of such problems, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIESbut QUADIENT disclaims any and all responsibility for delays, WHETHER EXPRESS OR IMPLIEDdelivery failures, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUor other damage resulting from such problems.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty. a. Mindjet EPL IT warrants that the media on which the Software is distributed, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in Customer only that: (i) for a Supported Environment for the first period of thirty (30) days from the date of completion of its performance of a particular task under the Services, the particular task will be performed in a good and workmanlike manner consistent with standard industry practices employed by persons knowledgeable in the field of computers and within the limits of the License Termtechnology embodied in the Standard Store Configuration; and (ii) for a period of thirty (30) days from the date of delivery of a particular Report, unless otherwise required that Report will be free from material defects in workmanship and materials, and will conform in all material respects to the applicable descriptions or specifications provided by applicable law. If the media is defective, your sole remedy in EPL IT to Customer In the event of a breach by EPL IT of this the foregoing warranty will be that Mindjet will replace any defective media returned to Mindjet within of which Customer notifies EPL IT in writing during the warranty period. If , EPL IT's sole obligation and Customer’s exclusive remedy shall be for EPL IT to use commercially reasonable efforts to re-perform the Software task or to correct the portion of the Report that does not substantially conform to such warranty. In the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet event EPL IT is unable to re-perform such task or to make such corrections, as applicable, the deficient licensed software substantially conform sole remedy of Customer and EPL IT' sole obligation shall be to recover the description compensation actually paid to EPL IT for the Service or the Report giving rise to such warranty failure. This limited warranty with respect to any Services or Reports shall be voided in its Documentation after the event Customer: (i) makes additions to, alters, modifies, enhances, changes, repairs or disassembles or reverse engineers the Standard Store Configuration, or fails to maintain the Standard Store Configuration (or any component thereof or any equipment or facilities upon which such commercially reasonable efforts, to discontinue your use component depends) in good working order or the environmental conditions within the operating range specified by the manufacturer of the licensed software and terminate your license to components in the Standard Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its DocumentationConfiguration or EPL IT; (bii) no modification, alterationuses the Standard Store Configuration or any Report in a manner for which it was not designed, or addition has been made to in an incompatible operating environment; or (iii) mishandles, abuses, misuses or damages the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KINDStandard Store Configuration. THE ABOVE LIMITED WARRANTY IS EXCLUSIVE STATED IN THIS SECTION AND THE REMEDIES FOR A FAILURE OR BREACH OF SUCH LIMITED WARRANTY ARE EXCLUSIVE. THEY ARE GIVEN TO CUSTOMER IN LIEU OF ALL OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERRORNON-FREEINFRINGEMENT, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONSCOURSE OF PERFORMANCE OR DEALING, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUWHICH EPL IT SPECIFICALLY DISCLAIMS.

Appears in 1 contract

Samples: Franchise Agreement (El Pollo Loco Holdings, Inc.)

Limited Warranty. a. Mindjet Companywarrantsthatithassufficientrightstograntthe rights in the Product pursuant tothis Agreement; Company further warrants that the media on which the Software is distributed, if applicable, Product will be free from defects, and that the Software shall conform operate substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with its written specifications. No warranty is made that the instructions in Product will run uninterrupted orerror-free. The warranty period for the Product, Materials, and Documentation is 90 days from delivery ("Warranty Period"). The Company's, and its Documentation; (b) no modificationsuppliers', alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; entire liability and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and Your exclusive remedy for a any breach of this limited warranty or for any other breach of this Agreement or for any other liability relating to the Product and Mindjet’s sole Materials shallbe, at Company's option from time to time exercised subject to applicable law: a) repair, b) replacement, or c) return with proof of purchase and entire liabilityrefund of the applicable License & Support Fees, of a Product and Materials that does not meet this limitedwarranty. The foregoing excludes Software made available by Mindjet at no YouwillreceivetheremedyelectedbyCompanywithout charge, including except that You are responsible for any expenses You may incur (e.g. cost of shipping the Product to and from the Company). This limited warranty is void if failure of the Product has resulted from accident, abuse, misapplication, abnormal use, malware, or a virus. Any replacement Product will be warranted for the remainder of the original warranty period or 30 days, whichever is longer, and Company will use commercially reasonable efforts to provide You remedy within a commercially reasonable time of Your compliance with Company's warranty remedy procedures. Neither these remedies nor any Product Support Services offered by Company are available without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty proof of any kind to the maximum extent permitted by applicable lawpurchase from an authorized source. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, WARRANTIES ARE THE ONLY WARRANTIES RELATED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAWPRODUCT, MINDJET MATERIALS, DOCUMENTATION AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF SUPPORT SERVICES ANDARE MADE INLIEUOF ALL OTHER WARRANTIESWARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, STATUTORYINCLUDING, OR IN BUT NOT LIMITED TO, ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT. If an implied warranty or condition is created by Your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, TITLEYou also have an implied warranty or condition, QUIET ENJOYMENTBUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (90 DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE 90 DAY PERIOD, AND NONINFRINGEMENT THERE IS NO WARRANTY OR CONDITION OF INTELLECTUAL PROPERTY RIGHTSANY KIND. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTSSome states/jurisdictions do not allow limitations on howlonganimpliedwarrantyorconditionlasts,sothe above limitation may not apply to You. This limited warranty gives You specific legal rights. You mayhave other rights which vary from state/jurisdiction to state/jurisdiction. The Company is acting onbehalf of its suppliers for the purpose of disclaiming, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREEexcluding, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONSand/or limitingobligations, DELAYSwarranties, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYSand liability as provided in this Agreement, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUbut in no other respects and for no other purpose.

Appears in 1 contract

Samples: License and Support Agreement

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Limited Warranty. a. Mindjet Unirgy warrants that the media Software will perform substantially in accordance with the documentation for a period of ninety (90) days from the date of receipt. If an implied warranty or condition is created by your state /jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY-DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on which how long an implied warranty or condition lasts, so the above limitation may not apply to you. Any supplements or updates to the Software, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the ninety day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory. LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Unirgy, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software is distributeddoes not meet Unirgy's Limited Warranty, and, to the maximum extent allowed by applicable law, even if applicableany remedy fails of its essential purpose. The terms of Section 13 ("Exclusion of Incidental, will be free Consequential and Certain Other Damages") are also incorporated into this Limited Warranty. Some states /jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have other rights which vary from defects, state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY. Unirgy's and that its suppliers' entire liability and your exclusive remedy for any breach of this Limited Warranty or for any other breach of this XXXX or for any other liability relating to the Software shall conform substantially be, at Unirgy's option from time to time exercised subject to applicable law, (a) return of the description in its Documentation when used in a Supported Environment amount paid (if any) for the first Software, or (b) repair or replacement of the Software, that does not meet this Limited Warranty and that is returned to Unirgy with a copy of your receipt. You will receive the remedy elected by Unirgy without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Software to Unirgy). This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days of the License Termdays, unless otherwise required by applicable law. If the media whichever is defectivelonger, your sole remedy in the event of a breach of this warranty and Unirgy will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such use commercially reasonable efforts, efforts to discontinue provide your use remedy within a commercially reasonable time of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance compliance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the Unirgy's warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUprocedures.

Appears in 1 contract

Samples: End User License Agreement (Eula)

Limited Warranty. a. Mindjet warrants Syncplify does not warrant that the media on which Software will meet all of Your requirements or that the use of the Software will be uninterrupted or error-free. The foregoing warranty applies only to failures in operation of the Software that are reproducible in standalone form and does not apply to: (i) Software that is distributedmodified or altered by You or any third party that is not authorized by Syncplify; (ii) Software that is otherwise operated in violation of this Agreement or other than in accordance with the Documentation; or (iii) failures that are caused by other software or hardware products. To the maximum extent permitted under applicable law, as Syncplify' and its suppliers' entire liability, and as Your exclusive remedy for any breach of the foregoing warranty, Syncplify will, at its sole option and expense, promptly repair or replace any Software that fails to meet this limited warranty or, if Syncplify is unable to repair or replace the Software, refund to You the applicable license fees paid upon return, if applicable, will be free from defectsof the nonconforming item to Syncplify, and that unless the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy was run in the event cloud, in which case You shall receive no refund. The warranty is void if failure of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modificationresulted from accident, alterationabuse, or addition has been made misapplication. You have the right to request a refund within a 30-day period from the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice day of the non-conformity within the warranty period. This is your sole and exclusive remedy purchase, however, no refunds can be authorized regarding licenses that have already been activated, and/or for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no chargeservices, including without limitation any trial or NFR (but not for resale) license or subscription or “reader” or “guest” accountlimited to professional services, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawinstallations, configurations, custom scripting, etc. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTYAS EXPRESSLY STATED IN THIS SECTION, TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE MANDATORY LAW, MINDJET SYNCPLIFY IS PROVIDING AND ITS LICENSORS PROVIDE LICENSING THE SOFTWARE TO YOU "AS IS" WITHOUT ANY WARRANTIES WARRANTY OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EITHER EXPRESS OR IMPLIED, STATUTORYINCLUDING, OR IN ANY OTHER PROVISION OF THIS XXXXBUT NOT LIMITED TO, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty. a. Mindjet Remedy- In case you purchased the software on a media, Clonetab Inc. warrants that the media CD-ROMs on which the Software software is distributedfurnished shall, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in for a Supported Environment for the first period of thirty (30) days of from delivery (the License Term“Warranty Period”) is free, unless otherwise required in normal use, from defects in material and workmanship. Clonetab Inc. will have no responsibility to replace any CD-ROMs that have been damaged by applicable lawaccident, abuse, or misapplication. If If, during the media is defectiveWarranty Period, your sole remedy a defect in the event CD-ROMs appears, you may return the CD- ROMs to Clonetab Inc, for repair, replacement or, if so elected by Clonetab Inc., refund of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty periodyour purchase price. If the Software THE FOREGOING CONSTITUTES YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT. Clonetab Inc. does not substantially conform to warrant the description completeness or accuracy of any information contained in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your nor does it certify that use of the licensed software and terminate will meet your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in needs, nor that its Documentation; (b) no modification, alteration, use will be uninterrupted or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawerror free. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTYWARRANTY SET FORTH ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAWPRODUCT IS LICENSED “AS IS,” AND CLONETAB INC., MINDJET DISCLAIMS ANY AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLETITLE AND NONINFRINGEMENT. No Clonetab Inc., QUIET ENJOYMENTdealer, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTSdistributor, agent or employee is authorized to make any modification or addition to the foregoing warranty. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTSSome states do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREEso the above limitations and exclusions may not apply to you. This warranty gives you the specific legal rights, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONSand you may also have other rights, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUwhich vary from state to state.

Appears in 1 contract

Samples: Software License Agreement

Limited Warranty. a. Mindjet Licensor warrants that at the media time of delivery of the Products and for the Warranty Period specified on which the Software is distributedSchedule, if applicable, the original Products will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions specifications contained in its the applicable Documentation; (b) no modification, alteration, or addition has been made . The extent of Licensor's liability under this warranty shall be limited to the Software product by persons other than Mindjet correction or its authorized representative; replacement as soon as is practicable of any substantial deviation in the original Products (or any subsequent releases of the Products) from the specifications contained in the Documentation, which Licensor determines to be necessary, at Licensor's own cost and (c) Mindjet receives expense, provided written notice of such substantial deviation is received by Licensor during the non-conformity Warranty Period. b. The warranty set forth in this Paragraph shall not apply if: (1) the Products (or any part thereof) are not used in accordance with Licensor's instructions; (2) the Authorized Equipment is not installed or operated in conformance with its manufacturer's specifications; (3) the Products are used on other than the Authorized Equipment; (4) the Products have been altered, modified or converted by Client without the prior written approval of Licensor; (5) Client's equipment shall malfunction, or (6) any other cause within the Client's control shall result in the Products becoming inoperative or substantially deviating from the specifications contained in the applicable documentation. If Client requests warranty period. This is your sole and exclusive remedy for or maintenance services, then to the extent necessary to perform such services, Licensor reserves the right to request a breach copy of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet the Client's version of the Products at no chargecharge to Licensor, including without limitation at any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” time and “as available” with all faults from time to time during the Warranty Period and without warranty of any kind to the maximum extent permitted subsequent period covered by applicable law. EXCEPT FOR a maintenance plan. c. THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORYARISING BY OPERATION OF LAW, FROM THE COURSE OF DEALING, USAGE OF TRADE OR INDUSTRY, OR IN ANY OTHER PROVISION OF THIS XXXXOTHERWISE, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT. LICENSOR MAKES NO OTHER OR FURTHER WARRANTIES OR ANY KIND, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTSALL SUCH OTHER OR FURTHER WARRANTIES WHICH EXCEED THE WARRANTIES STATED IN THIS PARAGRAPH ARE HEREBY DISCLAIMED BY LICENSOR AND EXCLUDED FROM THIS AGREEMENT. d. Licensor warrants that (i) it has good and valid title to the Products and the Documentation, free and clear of any claims of any third parties, (ii) it has full power and authority to grant the rights granted hereunder to Client, without the consent of any other person, and (iii) the Products, the Documentation, the license granted hereunder and use by the Client thereof shall not violate any applicable laws, rules, and regulations, or in any way constitute an infringement or other violation of any copyright, trade secret, trademark, patent, invention, proprietary information, non-disclosure or other rights of any third party. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTSLicensor shall indemnify, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERRORdefend and hold harmless Client from and against any and all claims, losses, liabilities, costs and expenses (including reasonable attorneys fees and expenses) incurred or suffered by Client on account of a claim asserted by a third-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUparty arising from a breach of any of the warranties of Licensor contained in this paragraph (d).

Appears in 1 contract

Samples: Software License Agreement (Allegiant Travel CO)

Limited Warranty. a. Mindjet (a) SELLER warrants that the media on which the Software is distributed, if applicable, will be free from defects, and that the Software Products shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, andsuch additional specifications, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable effortsany, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alterationset forth or identified on this Sales Quotation, or addition has been made otherwise agreed to in a written document prepared by SELLER relating to this Sales Quotation and that the Software product by persons other than Mindjet or its authorized representative; and Products have a shelf-life of ninety (c90) Mindjet receives written notice days from the date of the non-conformity within the warranty periodshipment to SELLER. This warranty shall apply for 15 days from the time of delivery, unless a different period is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liabilityset forth on the Sales Quotation or in additional specifications referred to on the Sales Quotation. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL SELLER MAKES NO OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR OTHERWISE WITH RESPECT TO THE PRODUCTS OR SERVICES. SAMPLES OF PRODUCTS PROVIDED BY SELLER TO BUYER ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. Without limiting the generality of the foregoing, TITLESELLER provides no warranty as to the suitability of the Products for the use intended by BUYER including without limitation, QUIET ENJOYMENTany use of the Products in connection with any other product. BUYER confirms that it is solely responsible for making such suitability determination. If resale is authorized by SELLER in writing, BUYER shall be responsible for ensuring that the terms of any such authorized Product resale will at all times be consistent with the exclusions, limitations and disclaimers of obligations, warranties and liabilities specified herein. Unless otherwise indicated, PRODUCTS ARE FOR RESEARCH USE ONLY; PRODUCTS ARE NOT FOR HUMAN USE OR FOR DRUG PURPOSES, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTSARE NOT FOR INJECTION. (b) The warranty set forth in Section 11(a) shall not apply to any nonconformity resulting from any storage or use of the Products following delivery to BUYER which is not in accordance with SELLER’s instructions or standards (including temperature or other environmental requirements) or the labeling on the Products, or that is otherwise improper. (i) If BUYER discovers that any Product fails to conform to the warranty set forth in Section 11(a), BUYER shall notify SELLER in writing. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTSSuch notice must be given within three (3) business days of the date when BUYER discovers or should have discovered such alleged nonconformity, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREEand in any case must be given within three (3) business days following the end of the warranty period set forth in Section 11(a). Such notice shall provide full details of such alleged nonconformity. BUYER shall additionally respond fully to any SELLER requests for further information concerning such alleged nonconformity and the manner in which the subject Product has been stored and used following delivery and, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTEDif requested by SELLER, shall return all or any part of the subject Product to a United States destination designated by SELLER. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONSUpon confirming that a nonconformity exists and is covered by SELLER’s warranty hereunder, DELAYSSELLER shall, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYSat SELLER’s option, DELIVERY FAILURESeither replace any Product which SELLER determines not to conform to that warranty or credit BUYER with the purchase price attributable to that Product. BUYER shall prepay the shipping and other related charges for all such Products returned to SELLER after prior return authorization, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMSand SELLER shall pay for the shipping and other related charges for any replacement Products delivered to BUYER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF The remedy set forth in Section 11(c) shall constitute BUYER’s sole and exclusive remedy for any breach of warranty. If BUYER shall fail to comply strictly with the procedures set forth therein, BUYER shall be barred from any remedy with respect to the affected Products. (ii) A CONSUMERReturn Goods Authorization number and shipping instructions must be obtained from SELLER prior to returning any Product. All Products must be returned in good condition and return is subject to a handling and restocking charge of 20% plus freight. No Product may be returned after 30 days of receipt. Where Product spoilage allegedly occurs in transit, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUBUYER shall, upon receipt of shipment of such Product, immediately contact SELLER to so notify SELLER and to request instructions from SELLER. Credit will not be issued on any Products that are returned without prior authorization from SELLER.

Appears in 1 contract

Samples: Sales Contracts

Limited Warranty. a. Mindjet The Licensor warrants to the Customer that: (i) the Software will, during the Warranty Period under normal Use, materially conform with the Specification; and (ii) it will carry out the Services in a professional manner consistent with industry standards using reasonable skill and care. If the Customer notifies the Licensor in writing of any material failure of the Software to conform with the Specification during the Warranty Period, the Licensor shall at its own expense and sole option either: (a) use reasonable endeavours to correct such failure within a reasonable time; or (b) upon return of the Software and the Documentation refund to the Customer the proportional Subscription Fees for the Software that materially failed to confirm with the Specification. The foregoing sets out the Customer’s exclusive remedy against the Licensor for any failure of the Software to conform to the Specification during the Warranty Period. If the Customer is not fully satisfied on reasonable grounds that the media on which the Software is distributedServices have been provided in accordance with this Agreement, if applicable, will be free from defects, and that the Software shall conform substantially it may give notice to the description in its Documentation when used in a Supported Environment for the first thirty Licensor within ten (3010) days of the License Termprovision of such Services setting out details of the variance from Service/s it was expecting. The Licensor shall: (x) within a reasonable time seek to rectify, unless otherwise required by applicable lawat its discretion, any aspect of Service/s it is thus notified of; and/or (y) reduce or make an appropriate adjustment to the Fees against any anomaly in Service/s it determines is un- resolvable. If the media Customer is defectivenot satisfied with the Licensor’s rectification pursuant to above, your sole remedy in then the event of a breach of this warranty will Customer may request that the matter be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform resolved pursuant to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct dispute resolution procedure agreed by the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liabilityParties. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty provisions set out the Customer's exclusive remedy in respect of any kind alleged failure of the Licensor to provide the maximum extent permitted by applicable lawServices. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTYAS EXPRESSLY SET OUT IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAWALL CONDITIONS, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER TERMS AND UNDERTAKINGS, EXPRESS OR IMPLIED, STATUTORYWHETHER BY STATUTE, COMMON LAW, TRADE PRACTICE, CUSTOM, COURSE OF DEALING OR OTHERWISE (INCLUDING ABOUT QUALITY, MERCHANTABILITY, PERFORMANCE OR FITNESS OR SUITABILITY FOR PURPOSE) IN RESPECT OF THE SOFTWARE, THE DOCUMENTATION, AND THE SERVICES ARE EXCLUDED TO THE FULLEST EXTENT PERMISSIBLE BY LAW. WITHOUT PREJUDICE TO THE FOREGOING, THE LICENSOR DOES NOT GIVE ANY WARRANTY: (A) ABOUT THE TIMING, THROUGHPUT, OR IN ANY OTHER PROVISION RESPONSE TIME PERFORMANCE OF THIS XXXX, THE SOFTWARE; OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT (B) THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTSBE COMPLETELY FREE OF VIRUSES, ERRORS OR BUGS. HOWEVER, IT IS AGREED AND ACKNOWLEDGED THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR CONTAINS AN ACTIVATION PROCESS THAT DEFECTS CONTROLS ITS USAGE IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUACCORDANCE WITH THIS AGREEMENT.

Appears in 1 contract

Samples: Subscription Agreement

Limited Warranty. a. Mindjet Simplified Software Development, L.L.C. warrants that the media on which the Software is distributed, if applicable, Subscription Product will be free from defects, and that the Software shall conform perform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentationaccompanying materials during the term of this XXXX; (b) no modificationexcept for occasional service disruptions which may occur from time to time due to scheduled maintenance, alterationActs of God, or addition has been made to other unforeseen events beyond the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice control of the non-conformity within contracting parties. If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY. AS TO ANY DEFECTS DISCOVERED AFTER THE EXPIRATION OF THIS XXXX, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the warranty periodabove limitation may not apply to you. This is your sole and LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for a any breach of this limited warranty and Mindjet’s sole and entire liabilityLimited Warranty is as set forth below. The foregoing excludes Except for any refund elected by Simplified Software made available by Mindjet at no chargeDevelopment, including without limitation any trial or NFR (L.L.C. , YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Subscription Product does not for resale) license or subscription or “reader” or “guest” accountmeet Simplified Software Development, which are provided “as is” and “as available” with all faults and without warranty of any kind L.L.C. 's Limited Warranty, and, to the maximum extent permitted allowed by applicable law, even if any remedy fails of its essential purpose. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTYThe terms of Section 9 below ("Exclusion of Incidental, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAWConsequential and Certain Other Damages") are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KINDso the above limitation or exclusion may not apply to you. THE ABOVE WARRANTY IS This Limited Warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIESREMEDY. Simplified Software Development, WHETHER EXPRESS OR IMPLIEDL.L.C. 's, STATUTORYand its suppliers', OR IN ANY OTHER PROVISION OF THIS XXXXentire liability and your exclusive remedy shall be, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITYat Simplified Software Development, FITNESS FOR A PARTICULAR PURPOSEL.L.C. 's option from time to time exercised subject to applicable law, TITLE(a) return of the price paid (if any) for the Subscription Product, QUIET ENJOYMENTor (b) repair of the Subscription Product, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTSor Subscription Product component that does not meet this Limited Warranty and that is identified to Simplified Software Development, L.L.C. with proof of proper licensure. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTSYou will receive the remedy elected by Simplified Software Development, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERRORL.L.C. without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Subscription Product documentation to Simplified Software Development, L.L.C.). This Limited Warranty is void if failure of the Subscription Product has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Subscription Product component will be warranted for the remainder of the original warranty period. Outside the United States or Canada, neither these remedies nor any product support services offered by Simplified Software Development, L.L.C. are available without proof of purchase from an authorized source. To exercise your remedy, contact: Simplified Software Development, L.L.C. at 0000 Xxxx Xxxx Xxxx; Xxxx Xxxxxx, Xxxxxxx 00000 or call (000) 000-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU0000.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty. a. Mindjet A. LICENSOR warrants that the media on which the Software SOFTWARE is distributed, if applicable, will provided to be free from defectsdefects in materials and workmanship for the LICENSE term. Defective media may be returned for replacement without charge during the LICENSE term unless the media have been damaged by accident or misuse. Any replacement SOFTWARE will be warranted for the remainder of the original LICENSE term. B. LICENSOR warrants, and that at the Software shall conform time of purchase, SOFTWARE substantially conforms to DOCUMENTATION that accompanies it (LICENSOR expressly reserves the right to provide DOCUMENTATION on the same media as SOFTWARE). C. Any implied warranties are limited to the description in its Documentation when used in a Supported Environment for the first thirty (30) days duration of the License Term, unless otherwise required by applicable lawexpress warranties stated in this Section 16. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software LICENSOR does not substantially conform to the description warrant that: A. SOFTWARE will meet LICENSEE’s specific requirements. B. Operation of SOFTWARE shall be uninterrupted or error free. C. Functions contained in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects SOFTWARE shall operate in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” accountcombinations, which may be selected for use by LICENSEE or meet LICENSEE's requirements. D. LICENSEE assumes complete responsibility for decisions made or actions taken based on information obtained using SOFTWARE. Any statements made concerning the utility of SOFTWARE are provided “not to be construed as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR expressed or implied warranties. E. THE PRECEDING FOREGOING EXPRESS LIMITED WARRANTYWARRANTIES ARE IN LIEU OF AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET LICENSOR SPECIFICALLY DISCLAIMS ANY AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, WITH REGARD TO SOFTWARE AND NONINFRINGEMENT THE PROVISION OF INTELLECTUAL PROPERTY RIGHTSOR FAILURE TO PROVIDE SUPPORT SERVICES. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION IN NO EVENT SHALL LICENSOR BE LIABLE TO LICENSEE OR TO ANY OTHER PARTY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF OR INABILITY TO USE SOFTWARE OR THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, INCLUDING BUT NOT LIMITED TO ECONOMIC LOSS OF ANY KIND SUCH AS LOSS OF BUSINESS OPPORTUNITY, LOSS OF PROFITS OR SAVINGS, COSTS ARISING FROM RELIANCE ON FAULTY OUTPUT, COSTS OF CAPITAL, INJURY TO GOODWILL, LOSS OF PRODUCTIVITY OR LOSS OF OR INJURY TO PROPERTY, REGARDLESS OF WHETHER LICENSOR IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYSADVISED, DELIVERY FAILURESHAS OTHER REASON TO KNOW, OR OTHER DAMAGE RESULTING FROM KNOWS OF THE POSSIBILITY THEREOF. LICENSOR’S ENTIRE LIABILITY UNDER ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW PROVISION OF THIS LICENSE SHALL BE LIMITED TO THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUAMOUNT ACTUALLY PAID BY LICENSEE FOR SOFTWARE.

Appears in 1 contract

Samples: Software License Agreement

Limited Warranty. a. Mindjet (a) Except with respect to source code, which is provided "as is," without warranty of any kind, InfoSoft warrants that the media on which Software will perform substantially in accordance with the Software is distributed, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in accompanying materials for a Supported Environment for the first period of thirty (30) days from the date of purchase. InfoSoft does not warrant that the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty Software will be that Mindjet will replace any defective media returned to Mindjet within the warranty perioderror-free. If the Software Source code is licensed "as is". InfoSoft does not substantially conform provide any technical support for source code. (b) The Software may be provided with third-party components or plug-ins or other third-party software as set forth in Section 13. InfoSoft has acquired and conformed to the description in its Documentation, your sole remedy requisite licenses for such third-party software for embedding within InfoSoft and warrants that such third-party plug-ins or components will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software perform substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions expected behavior for a period of thirty (30) days from the date of download. InfoSoft does not warrant that the third-party Software will be error-free. (c) InfoSoft's and its suppliers' entire liability, in its Documentation; contract, tort or otherwise, and your exclusive remedy under the performance warranty shall be, at InfoSoft's option, either (a) return of the purchase price paid, or (b) no modificationrepair or replacement of the defective Software. Software purchased other than directly from InfoSoft shall be returned to the place it was purchased. This limited warranty is void if failure of the Software has resulted from accident, alterationabuse, or addition has been made to misapplication. Any replacement Software will be warranted for the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice remainder of the non-conformity within the warranty original thirty (30) day period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge. (d) EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 11, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET INFOSOFT AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, WHETHER EITHER EXPRESS OR IMPLIED, STATUTORYWHETHER ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE, OR IN INCLUDING, BUT NOT LIMITED TO, ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITYACCURACY, COMPLETENESS, PERFORMANCE, CURRENCY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE WITH REGARD TO THE SOFTWARE. Some jurisdictions do not allow the exclusion or limitation of implied warranties, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUso the above exclusions might not apply to you.

Appears in 1 contract

Samples: Software Licensing Agreement

Limited Warranty. a. Mindjet 5.1. DSPSE warrants that the media on which the Software is distributedeach Component, if applicableas delivered to Developer, will be free from defectssubstantially perform in accordance with the specification sheet published by DSPSE for such Component at the time of delivery to Developer, and however, DSPSE does not warrant that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days use of the License Term, unless otherwise required by applicable lawany Component will be uninterrupted or error-free. If the media is defective, your Developer's exclusive remedy and DSPSE's sole remedy in the event of a breach of liability under this warranty will shall be that Mindjet will replace any defective media returned for DSPSE to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentationattempt, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially through reasonable efforts, to discontinue your use correct any material nonconformity, if such failure is reported to DSPSE within 90 days of the licensed software date of such delivery ("Warranty Period"), if Developer has provided DSPSE (upon DSPSE's request) with such information as DSPSE reasonably requests to enable DSPSE to reproduce the defect in question; provided, that if DSPSE is unable to correct any such failure in a Component within a reasonable time, DSPSE may, at its sole option, refund to Developer the License Fee paid for such Component and terminate your license the Royalty amounts, if any, that DSPSE received for any related Developer Products for which Developer can document that it has had to provide refunds, solely because of such defect. Upon such payment, this Agreement may be terminated by DSPSE at its election as to such Component. 5.2. For one year from the Effective Date, Distributor will provide to Developer, free of charge, all updates of each Component that are released by DSPSE to the Software general public solely as a "bug fix". 5.3. DSPSE warrants that each Component, as delivered to Developer, does not infringe any copyright or trade secret. DSPSE will defend at its expense and indemnify Developer with respect to any motion brought against Developer to the extent that it is based on a breach of the foregoing warranty, and DSPSE will pay any costs and damages finally awarded against Developer, or any settlement finally paid with the consent of DSPSE (which consent shall not be unreasonably withheld) by Developer, and reimburse Developer for attorney's fees reasonably incurred in connection therewith, provided that: that Developer notifies that DSPSE promptly in writing of such claim and allows DSPSE to fully control the defense of such claim. The foregoing is further conditioned on the following: (i) DSPSE shall have no liability of indemnity with respect to, nor any obligation to defend or reimburse Developer with respect to legal fees relating to, any action or claim based upon the interpretation, conformance with, or development of Component that substantially complies with any industry recognized standard, which such claim is based upon or would not arise but for such interpretation, conformance or compliance. (ii) Should any Component or any portion thereof become, or in DSPSE's opinion by likely to become, the subject of any claim of infringement, DSPSE shall at its option (a) procure for Developer the Software has been properly installed and used at all times and in accordance right to continue exercising its rights hereunder with the instructions in its Documentation; respect to such Component, (b) no modificationreplace or modify such Component to make it noninfringing, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and or (c) Mindjet receives terminate the license granted hereunder and refund to Developer a pro rata portion of the License Fee paid by the Developer, calculated on the basis of a three year period from the date of this Agreement and actual date upon which Developer was no longer able to use the Product as a result of such alleged infringement. (iii) DSPSE shall have no liability for any claim of infringement based upon: (a) use or combination of any portion of any Component with any products not supplied by DSPSE (including without limitation the Developer Product), if such infringement would not have occurred without such use or combination; (b) use or marketing of any Component by Developer, or use, distribution or licensing of the Developer Product by Developer, after having been given notice, or having a reason to believe, that such Component infringes a copyright of a third party, unless prompt written notice has been given to DSPSE; or (c) use of other than the latest unmodified version of any Component delivered to Developer by Distributor or DSPSE, if the infringement would have been avoided by the use of such version. (iv) Any limitation on Developer's remedies in this Agreement shall not apply with respect to Developer's rights under the terms set forth under this Section 5.3. In no event will DSPSE be liable for any claim against Developer by any party except as provided in this Section 5.3. (v) Notwithstanding anything herein to the contrary, this Section 5.3 states the entire liability of DSPSE, and the sole recourse of Developer, with respect to infringements of copyrights and trade secrets. 5.4. The warranty provided herein extends only to Developer and not to any Reseller or end-user of the non-conformity within Developer Product. Developer shall indemnify DSPSE for any expenses incurred by DSPSE, directly or indirectly (including without limitation attorneys' fees, settlement costs and court costs), as a result of any claim or action by any third party arising out of or resulting from the Developer Product, except to the extent that the same relates solely to any defect in the embedded Component; provided, that this indemnification obligation shall not apply with respect to any expenses, claims or damages that are finally adjudicated by a court of competent jurisdiction to have been caused by the gross negligence or willful misconduct of DSPSE. Developer will defend at its expense any such claim or action brought against DSPSE and Developer will pay any costs and damages finally awarded against DSPSE in any action that are attributable to such claim, and reimburse DSPSE for reasonable attorneys' fees reasonably incurred in connection therewith, provided that DSPSE notifies Developer promptly in writing of such claim, allows Developer to fully control the defense of such claim and does not agree to any settlement of such claim without Developer's written consent. 5.5. The warranty periodset forth above is exclusive and is in lieu of all other warranties of DSPSE. This NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE ARE MADE BY DSPSE. IN NO EVENT WILL DSPSE BE LIABLE FOR ANY DAMAGES CAUSED BY DEVELOPER'S FAILURE TO PERFORM ITS OBLIGATIONS HEREUNDER, OR FOR ANY LOST PROFITS OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, EVEN IF DSPSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Such warranty shall not be deemed to have failed of its essential purpose so long as DSPSE is your making good faith efforts to correct defects under the terms of the warranty, or has made the refunds or replacements provided for by this Agreement. The warranty set forth herein allocates risks of Component nonconformity, and DSPSE's prices reflect the allocations of such risk. 5.6. DSPSE's entire liability and Developer's sole and exclusive remedy for a breach any claim concerning performance or nonperformance by DSPSE, pursuant to or in any way related to the subject matter of this limited warranty Agreement, or for damages for any causes whatsoever and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no chargeregardless of the form of action, whether in contract or in tort including without limitation negligence, or any trial or NFR (not for resale) license or subscription or “reader” or “guest” accountother legal theory, which are provided “as is” and “as available” with all faults and without warranty of any kind shall be actual damages up to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTYamount of the aggregate payments actually made to DSPSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAWor which DSPSE has received through Distributors, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIESas the case may be, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUhereunder in the most recent twelve (12) months prior to such damages occurring.

Appears in 1 contract

Samples: License Agreement (Rsi Systems Inc/Mn)

Limited Warranty. a. Mindjet Simplified Software Development, L.L.C. warrants that the media on which the Software is distributed, if applicable, Subscription Product will be free from defects, and that the Software shall conform perform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentationaccompanying materials during the term of this XXXX; (b) no modificationexcept for occasional service disruptions which may occur from time to time due to scheduled maintenance, alterationActs of God, or addition has been made to other unforeseen events beyond the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice control of the non-conformity within contracting parties. If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY. AS TO ANY DEFECTS DISCOVERED AFTER THE EXPIRATION OF THIS XXXX, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the warranty periodabove limitation may not apply to you. This is your sole and LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for a any breach of this limited warranty and Mindjet’s sole and entire liabilityLimited Warranty is as set forth below. The foregoing excludes Except for any refund elected by Simplified Software made available by Mindjet at no chargeDevelopment, including without limitation any trial or NFR (L.L.C. , YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Subscription Product does not for resale) license or subscription or “reader” or “guest” accountmeet Simplified Software Development, which are provided “as is” and “as available” with all faults and without warranty of any kind L.L.C. 's Limited Warranty, and, to the maximum extent permitted allowed by applicable law, even if any remedy fails of its essential purpose. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTYThe terms of Section 9 below ("Exclusion of Incidental, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAWConsequential and Certain Other Damages") are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KINDso the above limitation or exclusion may not apply to you. THE ABOVE WARRANTY IS This Limited Warranty gives youSubscription Productecific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIESREMEDY. Simplified Software Development, WHETHER EXPRESS OR IMPLIEDL.L.C. 's, STATUTORYand its suppliers', OR IN ANY OTHER PROVISION OF THIS XXXXentire liability and your exclusive remedy shall be, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITYat Simplified Software Development, FITNESS FOR A PARTICULAR PURPOSEL.L.C. 's option from time to time exercised subject to applicable law, TITLE(a) return of the price paid (if any) for the Subscription Product, QUIET ENJOYMENTor (b) repair of the Subscription Product, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTSor Subscription Product component that does not meet this Limited Warranty and that is identified to Simplified Software Development, L.L.C. with proof of proper licensure. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTSYou will receive the remedy elected by Simplified Software Development, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERRORL.L.C. without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Subscription Product documentation to Simplified Software Development, L.L.C.). This Limited Warranty is void if failure of the Subscription Product has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Subscription Product component will be warranted for the remainder of the original warranty period. Outside the United States or Canada, neither these remedies nor any product support services offered by Simplified Software Development, L.L.C. are available without proof of purchase from an authorized source. To exercise your remedy, contact: Simplified Software Development, L.L.C. at 0000 Xxxx Xxxx Xxxx; Xxxx Xxxxxx, Xxxxxxx 00000 or call (000) 000-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU0000.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty. a. Mindjet The following limited warranty applies to You only if You are the original licensor of the Program. Sage warrants that the Program substantially conforms to the specifications contained in the Documentation that was included in the original packaging with the Program and/or located within the Program for a period of sixty (60) days from your purchase, as evidenced by your receipt (the "Limited Warranty Period"), provided that the Program is used on the computer operating system for which it was designed. Sage further warrants that the media on which the Software Program is distributed, if applicable, furnished will be free from defectsdefects in material or workmanship for the Limited Warranty Period. Receipt of revisions or upgrades to the Program shall not restart or otherwise affect the warranty period for previously delivered copies. Sage does not represent or warrant that your use of the Program will be uninterrupted or error free. b. Provided You notify Sage in writing during the Limited Warranty Period of a substantial non- conformity between the Documentation and the Program, and if Sage is able to replicate and verify that such substantial non-conformity exists, Sage shall replace or correct the Program, at Sage's sole option, so that the Software shall conform Program substantially conforms to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software specifications or replace the defective licensed softwaremedia, andas the case may be, if Mindjet or You may return all copies of the Program and Sage shall remit to You the license fee You paid, up to the amount of Sage's suggested list price for the Program. This Section 5(b) states your SOLE AND EXCLUSIVE REMEDY for any breach of warranty hereunder. c. No employee, agent or representative of Sage, nor any reseller (including the person or company who sold You the Program) or any other third party, is unable authorized to make the deficient licensed software substantially conform any warranty with respect to the description Program, except those expressly stated in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software Sections 5(a) and terminate your license to the Software provided that: (a5(b) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty Agreement, and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation You may not rely on any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUsuch unauthorized warranty.

Appears in 1 contract

Samples: License Agreement

Limited Warranty. a. Mindjet Licensor warrants to Licensee that the media on which the Software is distributed, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for during the first thirty (30) days of after the License TermDelivery Date (the “Warranty Period”) the Licensed Products will conform to Licensor's published specifications in effect on the Delivery Date, unless otherwise required by applicable law. If and that the media is defective, your sole remedy Licensed Software will perform substantially as described in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty periodaccompanying Licensed Documentation. If the Software Licensor does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: warrant (a) that the Licensed Software has been properly installed and used at all times and in accordance with the instructions in its Documentationwill meet Licensee's requirements; (b) no modification, alteration, or addition has been made to that operation of the Licensed Software product by persons other than Mindjet or its authorized representativewill be uninterrupted; and (c) Mindjet receives written notice that the Licensed Product is error free; (d) that all defects in the Licensed Product will be corrected; or (e) any change or modification of the non-conformity within Licensed Software made by Licensee; provided, however, any change or modification properly made by Licensee in accordance with instructions contained in the Licensed Documentation for the Licensed Software shall not void the warranty periodprovided by Licensor herein. Laws from time to time in force may imply warranties that cannot be excluded or can only be excluded to a limited extent. This is your sole Agreement shall be read and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation construed subject to any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawsuch statutory provisions. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTYAS EXPRESSLY PROVIDED IN THIS AGREEMENT, LICENSOR MAKES NO OTHER WARRANTIES OR REPRESENTATIONS RELATING TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAWLICENSED SOFTWARE OR ITS PERFORMANCE OR WITH RESPECT TO THE LICENSED DOCUMENTATION. ALL WARRANTIES, MINDJET REPRESENTATIONS, INDEMNITIES AND ITS LICENSORS PROVIDE GUARANTEES WITH RESPECT TO THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIESLICENSED PRODUCTS, WHETHER EXPRESS OR IMPLIED, STATUTORYARISING BY LAW, CUSTOM, PRIOR ORAL OR IN WRITTEN STATEMENTS BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVES OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY OTHER PROVISION WARRANTY OF THIS XXXX, MERCHANTABILITY OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE) ARE EXPRESSLY OVERRIDEN, TITLEDISCLAIMED AND EXCLUDED. No warranties as may be set forth herein shall be applicable to any free Products which shall be accepted by Licensee on an “as is” basis, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUor during any demo or trial use of the Licensed Software by Licensee.

Appears in 1 contract

Samples: Software End User License Agreement

Limited Warranty. a. Mindjet (a) WhiteCanyon warrants to the original purchaser of a license for the Software, (i) that the media on which Software, will perform substantially in accordance with the accompanying documentation and (ii) that the Software is distributedproperly recorded on the disk media. This Limited Warranty extends for ninety (90) days from the date of purchase. (b) This Limited Warranty does not apply to any Software that has been altered, if applicabledamaged, abused, misapplied, or used other than in accordance with this License Agreement and any instructions included on the Software and the accompanying documentation. (c) WhiteCanyon’s entire liability and your exclusive remedy under this Limited Warranty shall be the repair or replacement of the any Software that fails to conform to this Limited Warranty or, at WhiteCanyon’s option, return of the price paid for the Software. WhiteCanyon shall have no liability under this Limited Warranty unless the Software is returned to WhiteCanyon or its authorized representative, with a copy of your receipt, within the warranty period. Any replacement Software will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment warranted for the first remainder of the original warranty period or thirty (30) days of the License Term, unless otherwise required by applicable lawwhichever is longer. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (ad) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIESWARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN INCLUDING BUT NOT LIMITED TO ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERRORNON-FREEINFRINGEMENT, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTEDWARRANTIES ARISING FROM USAGE OF TRADE OR COURSE OF DEALING. THE SOFTWARE (e) THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS; YOU MAY BE SUBJECT HAVE OTHERS WHICH VARY FROM STATE TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUSTATE.

Appears in 1 contract

Samples: Enterprise License Agreement

Limited Warranty. a. Mindjet warrants that the media on which the Software is distributedEXCEPT AS PROVIDED HEREIN, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF SELLER EXPRESSLY EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION INCLUDING WARRNATIES OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller makes no warranty as to the design, TITLEcapabilities, QUIET ENJOYMENTcapacity or suitability of the goods, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTSexcept that for a period of ninety (90) calendar days from the date of shipment of the goods to Buyer, Seller warrants Buyer that the goods shall be free from defects in material and workmanship during normal use and service. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTSSeller warrants only that the goods will conform to the applicable specifications therefor listed in Seller's catalogs and/or other applicable sales material: provided, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERRORhowever, that (if) between the date of shipment and date of first use, the goods are stored and maintained in "as shipped" condition. (if) the goods have been installed, used and maintained according to Seller's instructions and guidelines, if any, and (if) no modification to the goods has been made after shipment without written authorization from Seller. It is expressly understood that any technical or other advice furnished by Seller or its agents with reference to the use of the goods is done on a gratis basis, and Seller assumes no obligation or liability for the advice given or the results obtained, all such advice being given and accepted at Buyer's sole risk. No agent, employee, or representative of the Seller has any authority to bind Seller to any affirmation, representation or warranty concerning the goods unless set forth in writing in this agreement and unless an affirmation, representation or warranty made by agent, employee or representative is specifically included within this agreement, it is not deemed a part of the basis of this bargain and shall not in any way be enforceable. The remedies for non-FREEconforming goods provided in this Agreement shall be the exclusive and sole remedies of Buyer therefor, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTEDany right of Buyer to consequential or incidental damages is expressly excluded Specifically, but not by way of limitation, in no events shall Seller be liable to Buyer or to any other person, firm, association or corporation for loss of profits, loss or damages of any kind based upon a claim for breach of the warranty stated herein. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONSBuyer agrees to assume any liability for infringement of patent, DELAYScopyright, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYSor any other property right (whether common law or statutory) arising out of the manufacture of the goods and saves Seller harmless from and against any and all costs and expenses (including, DELIVERY FAILURESwithout limitation attorneys fees and court costs) arising out of or in conjunction with such actual or alleged infringement except in such cases where said goods were produced under Seller's own patents: provided, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMShowever, that Seller does not warrant against infringement of its own patents by reason of the use of same in combination with other materials or in the operation of any other process. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMERBuyers hereby indemnifies and saves Seller harmless from and against any and all other claims, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUliabilities and actions by third parties, including (without limitation) customer of Buyer, relating to the goods. Buyer assumes all risk and liability for results obtained in use of the goods, whether singly or in combination with other products.

Appears in 1 contract

Samples: Sales Contracts

Limited Warranty. a. Mindjet (a) eFileCabinet warrants to you, the original end user, that the media on which Software will perform substantially in accordance with the accompanying documentation. eFileCabinet does not warrant that the Software is distributed, if applicable, will be error-free from defects, and or that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment will operate without interruption. This Limited Warranty extends for the first thirty sixty (3060) days of from the License Termdate the Software is paid for or first installed or used, unless otherwise required by applicable lawwhichever 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. If the media is defective, your sole remedy in the event of a YOU AGREE THAT EFILECABINET IS NOT A “FINANCIAL INSTITUTION” UNDER THE XXXXX-XXXXX-XXXXXX ACT. (e) For any breach of this warranty will 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 Mindjet will replace any defective media fails to conform to this Limited Warranty or, at eFileCabinet’s option, return of the license fees paid by you for the Software. eFileCabinet shall have no liability under this Limited Warranty unless the Software is returned to Mindjet eFileCabinet, or its authorized representative, with a copy of your purchase receipt, within the warranty period. If the Any replacement Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct warranted for the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use remainder of the licensed software and terminate your license to the Software provided that: original warranty period or thirty (a30) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; days, whichever is longer. (bf) no modificationTHIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUSTATE.

Appears in 1 contract

Samples: Software License Agreement

Limited Warranty. a. Mindjet If EJCDC has distributed this document on a compact disc, then EJCDC warrants that the media CD on which the Software this document is distributed, if applicable, will furnished to be free from defects, physical defects in materials and workmanship under normal use for a period of ninety (90) days from the date of delivery to you as evidenced by a copy of your receipt. EJCDC does not warrant that the Software functions contained in EJCDC Design and Construction Related Documents will meet your requirements or that the operation of EJCDC Design and Construction Related Documents will be uninterrupted or error free. EJCDC’s entire liability and your exclusive remedy shall conform substantially to be: the description in its Documentation when used in a Supported Environment for the first thirty (30) days replacement of the License TermCD (if any) distributed by EJCDC, unless otherwise required by applicable law. If the media containing this document, provided such CD does not meet EJCDC's "Limited Warranty" and is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its DocumentationEJCDC’s selling agent with a copy of your receipt, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet EJCDC’s selling agent is unable to make deliver a replacement CD which is free of defects in materials and workmanship, you may terminate this Agreement by returning EJCDC Document and your money will be refunded. As purchaser, you assume full responsibility for determining the deficient licensed software substantially conform suitability of this document to your purposes, and for the description in its Documentation after such commercially reasonable efforts, to discontinue your application and use of this document for contractual or project purposes. To the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum fullest extent permitted by applicable law, in no event will EJCDC, its sponsoring organizations, its committee members, attorneys, consultants, authorized vendors, or advisors, or their respective staff members, employees, agents, or contractors, be liable to you or any other party for any damages, including any lost profits, lost savings, contractual liabilities, disappointed commercial expectations, economic loss, or other direct, incidental, or consequential damages arising out of the content, unenforceability, insufficiency, inadequacy, use or inability to use the attached EJCDC document or any other EJCDC Design and Construction Related Documents, even if EJCDC has been advised of the possibility of such damages, or for any claim by any other party. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTYSome states do not allow the limitation or exclusion of liability for incidental or consequential damages, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUso portions of the above limitation or exclusion may not apply to you.

Appears in 1 contract

Samples: License Agreement

Limited Warranty. a. Mindjet warrants that If you follow the media on which User Guide documentation provided with the Software is distributedand comply with the terms and conditions of this Agreement in all material respects, if applicable, will be free from defects, and that Palisade warrants the Software shall conform will perform substantially to as described in the description in its Documentation when used in a Supported Environment documentation. This Limited Warranty covers the Software for the 90 days after first thirty (30) days of the License Term, unless otherwise required by applicable lawpurchase. If you receive updates, upgrades, or replacement software during the media is defective90 day period, your sole remedy in the event Limited Warranty will apply for 30 days or the remainder of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period, whichever is longer. If This Limited Warranty does not cover problems caused by your acts (or failure to act), the acts of others, or events beyond Palisade's reasonable control. In the event the Software does not substantially conform to the description in its Documentationmeet this Limited Warranty, your sole remedy Palisade will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software repair or replace the defective licensed softwareSoftware at no charge. If Palisade cannot repair or replace the Software, and, if Mindjet is unable to make Palisade will refund the deficient licensed software substantially conform to amount shown on your receipt or paid invoice for the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to Software. You must uninstall the Software provided that: and return any media and other associated materials (asuch as printed documentation) the Software has been properly installed and used at all times and in accordance to Palisade with the instructions in its Documentation; (b) no modification, alteration, or addition has been made proof of purchase to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty periodobtain a refund. This is These are your sole and exclusive remedy only remedies for a breach of this limited Limited Warranty. This warranty gives you specific legal rights and Mindjet’s sole and entire liabilityyou may have other rights that vary from state to state, or in other countries. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and Palisade provides Support Services without warranty of any kind kind. The Limitation On and Exclusion of Damages clause above applies to the maximum extent permitted by applicable lawbreaches of this Limited Warranty. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTYPALISADE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET DISCLAIMS ALL WARRANTIES AND ITS LICENSORS PROVIDE REPRESENTATIONS (EXCEPT FOR THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE LIMITED WARRANTY IS EXCLUSIVE AND SET FORTH IN LIEU OF ALL OTHER WARRANTIESTHIS SECTION 17), WHETHER EXPRESS OR EXPRESS, IMPLIED, STATUTORYOR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR IN ANY OTHER PROVISION OF THIS XXXXOTHERWISE, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION INCLUDING, BUT NOT LIMITED TO: (A) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT; AND (B) ANY WARRANTY WITH RESPECT TO THE QUALITY, TITLEACCURACY, QUIET ENJOYMENTEFFECTIVENESS, AND NONINFRINGEMENT CURRENCY OR COMPLETENESS OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE OR SUPPORT SERVICES, OR THAT YOUR USE OF THE SOFTWARE OR SUPPORT SERVICES WILL BE ERROR-FREE, VIRUS-FREE, UNINTERRUPTED, FREE FROM OTHER FAILURES OR WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Client Server License Agreement

Limited Warranty. a. Mindjet Celestix warrants that the media on which the Restore Software is distributed, if applicable, distributed will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in defects for a Supported Environment for the first period of thirty (30) days from the date of purchase of the License Term, unless otherwise required by applicable lawAppliance. If the media is defective, your Your sole remedy in the event of a breach of this warranty will be that Mindjet will Celestix will, at its option, replace any defective media returned to Mindjet Celestix within the warranty periodperiod or refund the money you paid for the Restore Software. If Celestix warrants that the Software does not will perform on the Appliance in substantial compliance with the written documentation accompanying the Appliance for a period of thirty (30) days from the date of purchase of the Appliance. Your sole remedy in the event of a breach of this warranty will be that Celestix will, at its option, repair or replace any defective Software returned to Celestix within the warranty period or refund the money you paid for the Appliance. Celestix warrants that the hardware component of the Appliance (the "Hardware") shall be free from defects in material and workmanship under normal use and service and substantially conform to the description in its Documentation, your written documentation accompanying the Appliance for a period of three hundred sixty-five (365) days from the date of purchase of the Appliance. Your sole remedy in the event of a breach of this warranty will be that Mindjet shallCelestix will, at its option option, repair or replace any defective Hardware returned to Celestix within the warranty period or refund the money you paid for the Appliance. The warranties contained in this agreement will not apply to any Software or Hardware which: A. has been altered, supplemented, upgraded or modified in any way; or B. has been repaired except by Celestix or its designee. Additionally, the warranties contained in this agreement do not apply to repair or replacement caused or necessitated by: (i) events occurring after risk of loss passes to You such as loss or damage during shipment; (ii) acts of God including without limitation natural acts such as fire, flood, wind earthquake, lightning or similar disaster; (iii) improper use, environment, installation or electrical supply, improper maintenance, or any other misuse, abuse or mishandling; (iv) governmental actions or inactions; (v) strikes or work stoppages; (vi) Your failure to follow applicable use or operations instructions or manuals; or (vii) such other events outside Celestix's reasonable control. Upon discovery of any failure of the Hardware, or component thereof, to conform to the applicable warranty during the applicable warranty period, You are required to contact us within ten (10) days after such failure and seek a return material authorization ("RMA") number. Celestix will promptly issue the requested RMA as long as we determine that you meet the conditions for warranty service. The allegedly defective Appliance, or component thereof, shall be returned to Celestix, securely and properly packaged, freight and insurance prepaid, with the RMA number prominently displayed on the exterior of the shipment packaging and with the Appliance. Celestix will have no obligation to accept any Appliance which is returned without an RMA number. Upon completion of repair or if Celestix decides, in accordance with the warranty, to replace a defective Appliance, Celestix will return such repaired or replacement Appliance to You, freight and insurance prepaid. In the event that Celestix, in its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet determines that it is unable to make replace or repair the deficient licensed software substantially conform Hardware, Celestix will refund to You the description in its Documentation after such commercially reasonable efforts, F.O.B. price paid by You for the defective Appliance. Defective Appliances returned to discontinue Celestix will become the property of Celestix. Celestix does not warrant that the Appliance will meet your use requirements or that operation of the licensed software and terminate your license to Appliance will be uninterrupted or that the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the nonAppliance will be error-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KINDfree. THE ABOVE WARRANTY IS WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, PURPOSE AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTSTHIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT WHICH VARY FROM STATE TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUSTATE.

Appears in 1 contract

Samples: End User Licensing Agreement

Limited Warranty. a. Mindjet warrants that the media on which the Software is distributed, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment documentation for the first thirty (30) days of the License Subscription Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentationdocumentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace refund the defective licensed software, andsubscription fees you paid, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable effortsany, to discontinue your use of the licensed software and terminate your license related to the Software provided that: that (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentationdocumentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawTHIS IS YOUR SOLE AND EXCLUSIVE REMEDY FOR A BREACH OF THIS LIMITED WARRANTY AND MINDJET’S SOLE AND ENTIRE LIABILITY. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty. a. Mindjet warrants (a) What is Covered by this Warranty. Seller warrants, to the original Buyer only, that the media on which Goods that are the Software is distributedsubject of this Agreement (1) conform to the specifications, drawings, plans, instructions, samples, or other description furnished or adopted by Buyer, if applicableany, will be in connection herewith, and (2) are free from defects, and that the Software shall conform substantially to the description defects in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable lawmaterial or workmanship. If the media is defective, your sole remedy in the event of a breach The duration of this warranty will be that Mindjet will replace any defective media returned is one (1) year from the date of shipment. If, within this one (1)-year period, Xxxxx discovers a failure of the Goods to Mindjet within the warranty period. If the Software does not substantially conform to specifications or a defect in material or workmanship, it must promptly (i) notify Seller in writing, setting forth in detail the description nature of the nonconformity or defect (“Buyer’s Notice”), and (ii) return any nonconforming or defective Goods to Seller at Seller’s factory in Hebron, Ohio, at Buyer’s expense. Seller shall in no event have any liability under or with respect to this warranty unless Xxxxx’s Notice is received by Seller within thirteen (13) months from the date of delivery of the Goods. Within a reasonable time after its Documentationreceipt of Buyer’s Notice and any nonconforming or defective Goods, your sole remedy Seller will be that Mindjet shallprovide, at its option and its sole discretionin exchange for the return of the nonconforming or defective Goods, correct one of the defects in following: (x) replacement goods or (y) a full refund of the Software purchase price. These remedies are Xxxxx’s exclusive remedies for breach of warranty. (b) What Is Not Covered by this Warranty. Seller does not warrant (1) any product, components, or replace the defective licensed softwareparts not manufactured by Seller (but, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after extent that Seller may lawfully do so, Seller hereby transfers and assigns to Buyer any warranty given to Seller by the manufacturer of such commercially reasonable effortsparts), to discontinue your (2) defects caused by improper assembly, processing, installation, or storage of the Goods, (3) defects or damages caused by Buyer’s design of the Goods, by misuse of misapplication of the Goods, or by use of the licensed software Goods for purposes other than those for which they were designed, (4) damage caused by disasters, such as fire, flood, wind, and terminate your license to the Software provided that: lightning, (a5) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; damages caused by unauthorized attachments or modifications, (b6) no modification, alterationdamage during shipment, or addition has been made (7) any other abuse or misuse by Buyer. Nothing in this paragraph 6(b) shall be deemed in any way to modify or to broaden the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUset forth in paragraph 6(a).

Appears in 1 contract

Samples: Sales Contracts

Limited Warranty. a. Mindjet This warranty extends only to the original End User of this License, and no third party shall have the right to make any claim or assert any right hereunder. pernexas warrants that the media on which the Software is distributed, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in for a Supported Environment for the first thirty period of ninety (3090) days from the date of the acquisition of the License Term, unless otherwise required by applicable law. If (the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: “Warranty Period”): (a) the Software has been properly installed and used at all times and will perform substantially in accordance with the instructions in its Documentation; and (b) no modificationthe Software is properly recorded on the media or in the files to be downloaded. pernexas does not warrant that the operation of the Software will be uninterrupted or error free. This warranty is void if failure of the Software has resulted from accident, alterationabuse, or addition has been made to misapplication or from the End User having modified the Software product by persons or used it for a purpose or in a context other than Mindjet the purpose or its authorized representative; context for which it was designed. If, during the Warranty Period, the Software does not perform substantially in accordance with the Documentation or is not recorded properly on the media or files to be downloaded, the End User’s sole and (c) Mindjet receives written notice exclusive remedy, and pernexas’s sole obligation and liability under this warranty shall be as follows: if the End User notifies pernexas in writing of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet Warranty Period, pernexas shall, at no chargepernexas's option, including without limitation any trial or NFR either (not for resalei) return the license or / subscription or “reader” or “guest” account, which are provided “as is” and “as available” fees paid (if any) with all faults and without warranty of any kind respect to the maximum extent permitted by applicable lawnon-conforming Software; or (ii) repair or replace the non-conforming Software. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTYIf pernexas elects to return the license / subscription fees, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAWthe End User agrees to promptly return the Software to pernexas or establish to pernexas’s satisfaction that it has destroyed/uninstalled the Software. Any replacement Software will be warranted for the remainder of the original Warranty Period or thirty (30) days from replacement, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KINDwhichever is longer. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTEDThere is no warranty after expiration of the Warranty Period. THE SOFTWARE MAY BE SUBJECT IS PROVIDED WITHOUT ANY SPECIFIC ASSESSMENT OF ITS FITNESS FOR THE END USER’S SPECIFIC USE CASE, INDUSTRY OR BUSINESS CONTEXTS, INCLUDING ANY SECURITY OR FUNCTIONALITY REQUIREMENTS THAT THE END USER MIGHT HAVE, EVEN IF THE END USER HAS DISCLOSED THESE TO LIMITATIONS, DELAYSPERNEXAS IN ANY MANNER. THE END USER REMAINS FULLY AND ENTIRELY RESPONSIBLE FOR VERIFYING TO ITS OWN SATISFACTION WHETHER THE SOFTWARE IS APPROPRIATE FOR ITS BUSINESS ACTIVITIES, AND OTHER PROBLEMS INHERENT SHALL REFRAIN FROM USING THE SOFTWARE IF IT HAS ANY DOUBTS IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUTHIS RESPECT.

Appears in 1 contract

Samples: License Agreement

Limited Warranty. a. Mindjet During the Term of this Agreement, Company warrants that (i) the media on which the Software is distributed, if applicable, EV Charger will be free from defects, defects in material and that workmanship under normal use and when properly maintained and (ii) the Software shall conform substantially Installation Work or other maintenance performed by Company or its designees pursuant to this Agreement (the description in its Documentation when used “Work”) will be performed in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option safe and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and professional manner in accordance with Applicable Laws. In the instructions event the EV Charger or any such Work is found to be defective and Customer notifies Company of such defect, Company shall repair or replace such defective EV Charger (or components thereof) or such defective Work at Company’s expense. For the avoidance of doubt this warranty shall not cover any component of the Charging Equipment except the EV Charger and the components thereof. Notwithstanding the foregoing, this warranty shall not cover any malfunction or failure of the EV Charger due to the following events induced or caused by Customer, any of its designees or any other third party: (i) alteration or modification of any part of the Charging Equipment that is not authorized in its Documentationwriting by Company; (bii) no modificationmisuse, alterationneglect or abuse of the Charging Equipment; (iii) intentional or accidental collision, destruction, tampering or addition has been made to vandalism; (iv) acts of nature; (v) unauthorized or improper use, operation, repair or maintenance outside the Software product by persons other than Mindjet or its authorized representativeterms and conditions of this Agreement; and (cvi) Mindjet receives written notice of the non-conformity within the warranty periodcharger cord and connector failures due to wear or damage from being run over or improperly stowed. This is your sole THE REPAIR OR REPLACEMENT OF SUCH DEFECTIVE EV CHARGER (OR COMPONENTS THEREOF) OR SUCH DEFECTIVE WORK IS CUSTOMER’S SOLE AND EXCLUSIVE REMEDY, AND COMPANY’S ENTIRE LIABILITY UNDER THIS AGREEMENT FOR ANY FAILURE OF COMPANY TO COMPLY WITH COMPANY’S OBLIGATIONS RELATING TO THE WORK. The maximum amount that either Party shall be required to pay in aggregate in respect to any and exclusive remedy all losses or other liabilities for a breach of this limited warranty Agreement shall not exceed $1,835.96 (“Cap”); provided, however, that the Cap shall not apply with respect to (i) the Termination Fee (or claims, or causes of action, relating to a failure of Customer to pay the Termination Fee), or (ii) claims of, or causes of action from, intentional fraud or willful misconduct of the indemnifying party and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial losses or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “damages incurred as is” and “as available” with all faults and without warranty a result of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUsuch claims or causes of action.

Appears in 1 contract

Samples: Customer Contract for Electric Vehicle Charging Equipment

Limited Warranty. a. Mindjet Altova warrants to the person or entity that first purchases a license for use of the media ADEE or XXXX software pursuant to the terms of this AEULA that (i) the software will perform substantially in accordance with any accompanying documentation for a period of ninety (90) days from the date of receipt, and (ii) any support services provided by Altova shall be substantially as described in Section 3(b) of this AEULA. Some states and jurisdictions do not allow limitations on which duration of an implied warranty, so the Software is distributedabove limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the ADEE or XXXX software, if applicableany, are limited to ninety (90) days. Altova’s and its suppliers’ entire liability and your exclusive remedy shall be, at Altova’s option, either (i) return of the price paid, if any, or (ii) repair or replacement of the ADEE or XXXX software that does not meet Altova’s Limited Warranty and which is returned to Altova with a copy of your receipt. This Limited Warranty is void if failure of the ADEE or XXXX software has resulted from accident, abuse, misapplication, abnormal use, Trojan horse, virus, or any other malicious external code. Any replacement ADEE or XXXX software will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment warranted for the first remainder of the original warranty period or thirty (30) days of the License Termdays, unless otherwise required by applicable lawwhichever is longer. If the media is defective, your sole remedy in the event of a breach of this This limited warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform apply to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty periodEvaluation Software. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liabilityTHE FOREGOING LIMITED WARRANTY AND REMEDIES STATE THE SOLE AND EXCLUSIVE REMEDIES FOR ALTOVA’S OR ITS SUPPLIERS’ BREACH OF WARRANTY. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawALTOVA AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE PRECEDING EXPRESS FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ALTOVA AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET ALTOVA AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF SUPPLIERS DISCLAIM ALL OTHER WARRANTIESWARRANTIES AND CONDITIONS, WHETHER EITHER EXPRESS OR IMPLIED, STATUTORYINCLUDING, OR IN ANY OTHER PROVISION OF THIS XXXXBUT NOT LIMITED TO, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLESATISFACTORY QUALITY, INFORMATIONAL CONTENT OR ACCURACY, QUIET ENJOYMENT, TITLE AND NONINFRINGEMENT NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF INTELLECTUAL PROPERTY OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTSYOU MAY HAVE OTHERS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT WHICH VARY FROM STATE/JURISDICTION TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUSTATE/JURISDICTION.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty. a. Mindjet The following limited warranty applies to You only if You are the original licensor of the Program. Sage warrants that the media Program substantially conforms to the specifications contained in the Documentation for a period of sixty (60) days from Your purchase, as evidenced by Your receipt (the "Limited Warranty Period"), provided that the Program is used on the computer operating system for which it was designed. Receipt of revisions or upgrades to the Software is distributed, if applicable, Program shall not restart or otherwise affect the warranty period for previously delivered copies or versions. Sage does not represent or warrant that Your use of the Program will be free from defectsuninterrupted or error free. b. Provided You notify Sage in writing during the Limited Warranty Period of a substantial non- conformity between the Documentation and the Program, and if Sage is able to replicate and verify that such substantial non-conformity exists, Sage shall replace or correct the Program, at Sage's sole option, so that the Software shall conform Program substantially conforms to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software specifications or replace the defective licensed softwaremedia, andas the case may be, if Mindjet or You may return all copies of the Program and Sage shall remit to You the license fee You paid, up to the amount of Sage's suggested list price for the Program. This Section 5(b) states Your SOLE AND EXCLUSIVE REMEDY for any breach of warranty hereunder. c. No employee, agent or representative of Sage, nor any reseller (including the person or company who sold You the Program) or any other third party, is unable authorized to make the deficient licensed software substantially conform any warranty with respect to the description Program, except those expressly stated in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software Sections 5(a) and terminate your license to the Software provided that: (a5(b) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty Agreement, and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation You may not rely on any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUsuch unauthorized warranty.

Appears in 1 contract

Samples: License Agreement

Limited Warranty. a. Mindjet Xtremesoft, Inc. warrants that the media on which Software, is warranted for a period of 30 days from the date of purchase (the "Warranty Period"). However, if the Software is distributedprovided to you for free trial and evaluation, if applicableit is provided 'as is' and contains no warranty. Xtremesoft, will be Inc., may, at its sole option, choose to provide technical support to you during any free from defects, trial and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty evaluation period. If during the Software does not substantially conform to the description in its DocumentationWarranty Period, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects a defect in the Software or replace appears, you may return the defective licensed softwareSoftware to Xtremesoft, andInc. for either replacement or, if Mindjet is unable to make so elected by Xtremesoft, Inc., refund of amounts paid by you under this Agreement. You agree that the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is foregoing constitutes your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no chargeXtremesoft, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty Inc. of any kind to the maximum extent permitted by applicable lawwarranties made under this Agreement. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTYWARRANTIES SET FORTH ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT IS LICENSED "AS IS," AND XTREMESOFT, INC. DISCLAIMS ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORYINCLUDING, OR IN WITHOUT LIMITATION, ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Additional Warranty Limitation. Xtremesoft, TITLEInc. makes no guarantees or warranties about the ability of the Software to perform with your specific application. Limitation on Xtremesoft, QUIET ENJOYMENTInc. Liability. Xtremesoft, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTSInc.'s entire liability and your entire remedy under this License Agreement shall be limited to not more than the license fees paid by you. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTSIn no event shall Xtremesoft, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREEInc. be liable for any indirect, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONSincidental, DELAYSconsequential, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYSspecial, DELIVERY FAILURESor exemplary damages or lost profits, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMSeven if Xtremesoft, Inc. has been advised of the possibility of such damages. SOME JURISDICTIONS STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES LIABILITY FOR INCIDENTAL OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMERCONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Software Licensing Agreement

Limited Warranty. a. Mindjet 7.1 Subject to the limitations and exclusions of liability below, the Licensor warrants that (a) the media Hard Media on which the Software Products is distributed, if applicable, furnished will be free from defectsmaterial defects under normal use for a period of 90 days from the date of delivery (the “Warranty Period”); and that (b) during the Warranty Period, and the Software Product will, when properly used, perform substantially in ac- cordance with the functions described in the documentation (provided that the Software shall conform Product is properly used on the computer and with the operating system for which it was designed as referred to in the accompanying documentation), and the documentation correctly describes the operation of the Software Product in all material respects. 7.2 If, within the Warranty Period, you notify the Licensor in writing of any defect or fault in the Software Product in consequence of which it fails to perform substantially in accordance with the documentation, and such defect or fault does not result from you having amended the Software Product or used it in contravention of the terms of this Licence Agreement, the Licensor will, at its sole option, i) repair or replace the Software Product, provided that you make available all infor- mation that may be necessary to assist the Licensor in resolving the defect or fault, including suffi- cient information to enable the Licensor to recreate the defect or fault, or ii) terminate this Licence Agreement immediately by notice in writing to you and refund any of the Fee paid as at the date of termination (less a reasonable sum in respect of your use of the Software Product to the description in its Documentation when used in a Supported Environment for the first thirty (30date of termination) days on return of the License Term, unless otherwise required by applicable lawSoftware Product and all copies thereof. If The Licensor’s obligation under this clause 7.2 is subject to your compliance with clause 4.1(b). 7.3 You acknowledge that the media Software Product has not been developed to meet your individual re- quirements and that it is defective, therefore your sole remedy responsibility to ensure that the facilities and functions of the Software Product as described in the event documentation meet your requirements. 7.4 You acknowledge that the Software Product may not be free of bugs or errors and you agree that the existence of any minor errors shall not constitute a breach of this Licence Agreement. 7.5 The Licensor shall not be liable under the said warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If above if the Software does not substantially conform Product fails to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and op- erate in accordance with the instructions in its Documentation; (b) no said warranty as a result of any modification, alteration, variation or addition has been made to the Software product Products not performed by persons other than Mindjet the Licensor or its authorized representative; and (c) Mindjet receives written notice caused by any abuse, corruption or incor- rect use of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no chargeProducts, including use of the Software Products with equipment or other software which is incompatible. 7.6 All other conditions, warranties or other terms which might have effect or be implied or incorpo- rated into this Licence Agreement or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including, without limitation any trial limitation, the implied conditions, warranties or NFR (not other terms as to satisfactory quality, fitness for resale) license purpose or subscription or “reader” or “guest” account, which are provided “as is” the use of reasonable skill and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUcare.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty. a. Mindjet The Company warrants that the media on which the Software is distributedit shall, if applicableat its option, will be free from defectsrepair, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy replace or provide replacement parts in the event any Product manufactured by the Company and used in the United States or Canada which upon inspection it finds to be defective in material or workmanship for a period of twelve (12) months from initial startup or eighteen (18) months from date of shipment, whichever expires sooner; provided, Buyer provides written notice to Company within a reasonable time after discovery. Products not manufactured by the Company but also sold under this agreement are not warranted by Company, but are sold only with the express warranty, if any, of the manufacturer and only to the extent transferable. In the event Company performs on-site services for or on behalf of Buyer, Company warrants that such services will be performed in a professional and workmanlike manner (“Service Warranty”). Xxxxx’s sole and exclusive remedy against Company for a breach of the Service Warranty shall be, at Seller’s option, to either refund to Buyer the amounts paid for such services or for Company to re-perform the allegedly defective services. The Company’s warranty does not apply to any Products or parts which: (1) have been opened, dissembled, repaired, or altered by anyone other than the Company or its authorized service representative; or, (2) have been subjected to misuse, misapplication, negligence, accidents, damage, abuse, improper storage, or abnormal use or service; or, (3) have been operated or installed in a manner contrary to Company’s printed instructions; or, (4) have been installed in an incorrect or improper application; or, (5) have become corroded or subjected to abrasion, or (6) have been subject to other than normal wear and tear. The Company is not obligated to pay any costs or expenses in connection with the removal and reinstallation of such Products or parts, including but not limited to labor, service costs, and shipping charges. This warranty and any optional extended warranties are granted only to the original user. Company’s duty to perform under this or any warranty will may be that Mindjet will replace any defective media returned to Mindjet within delayed, at Company’s sole option, until Company has been paid in full for all Products or parts purchased by Buyer. No such delay shall extend the warranty period. If No person (including any agent, salesman, dealer or distributor) has the Software does not substantially conform authority to expand the description in its DocumentationCompany’s obligation beyond the terms of this express warranty, your sole remedy will be or to state that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use performance of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons Products is other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of published by the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUCompany.

Appears in 1 contract

Samples: Sales Contract

Limited Warranty. a. Mindjet The Company warrants that the media on which the Software is distributed, if applicable, will be free from defects, and that the Software Application shall conform perform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; accompanying materials for a period of ninety (b90) no modificationdays from the date of receipt. If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, alterationyou also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY (90) DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or addition has been made condition lasts, so the above limitation may not apply to you. Any supplements or updates to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no chargeApplication, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the ninety (90) day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory. The Company makes no warranty on the accuracy of data produced by the Application, including without limitation, information relating to payroll, credit cards, or sales tax. YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES. The terms of Section below ("Limitation of Liability/ Limitation of Remedies Such as Incidental, Consequential and Other Damages") are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation any trial of incidental or NFR consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction. THE LIMITED WARRANTY THAT APPEARS ABOVE IS THE ONLY EXPRESS WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER EXPRESS WARRANTIES (not for resaleIF ANY) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawCREATED BY ANY DOCUMENTATION OR PACKAGING. EXCEPT FOR THE PRECEDING EXPRESS ABOVE LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET THE COMPANY AND ITS LICENSORS SUPPLIERS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE APPLICATION AND IN LIEU OF SUPPORT SERVICES (IF ANY) “AS IS” AND WITH ALL FAULTS, AND HEREBY DISCLAIMS ALL OTHER WARRANTIESWARRANTIES AND CONDITIONS, WHETHER EXPRESS EITHER EXPRESS, IMPLIED OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXXINCLUDING, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE BUT NOT LIMITED TO IMPLIED WARRANTIES (IF ANY), DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OR RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, LACK OF NEGLIGENCE, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE, ALL WITH REGARD TO THE APPLICATION, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON- INFRINGEMENT WITH REGARD TO THE APPLICATION, EXCEPT THE COMPANY WARRANTS THAT THE USE OR SALE OF INTELLECTUAL PROPERTY RIGHTS. MINDJET THE APPLICATION WILL NOT INFRINGE THE CLAIMS OF ANY TRADEMARK, BUT DOES NOT WARRANT INFRINGEMENT BY REASON OF THE USE THEREOF IN COMBINATION WITH OTHER MATERIAL OR EQUIPMENT IN THE OPERATION OF ANY PROCESS. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SOFTWARE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL ACHIEVE ANY INTENDED RESULTS, BE UNINTERRUPTED COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS IN THE SOFTWARE CAN OR WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSION EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty. a. Mindjet warrants Subject to these Terms, PacBio warrants, only to Buyer, that (a) the media on which Instruments (including OS Software, but excluding any other Software), as delivered and under normal use and service, will conform in all material respects to PacBio’s published specifications in effect at the Software is distributedtime of delivery and will be free from defects in material and workmanship, if applicable(b) the Consumables and Service Parts, as delivered and under normal use and service, will be free from defectsdefects in material and workmanship, and (c) the Services will be performed in a professional and workmanlike manner; in each case solely during the applicable Warranty Period, and unless the applicable Quotation, E-Commerce Site, or Documentation states that a different warranty or no warranty is provided. Buyer’s exclusive remedy, and PacBio’s sole liability and obligation, under this warranty is limited to replacing or repairing, at PacBio’s sole discretion, any nonconforming Product or Service. Instrument repairs will be performed on-site at Buyer’s facility, except to the extent that PacBio approves removal and return of particular components to PacBio for repair or replacement. Any approved returns must be shipped to PacBio’s designated facility in accordance with PacBio’s return procedures, at PacBio’s expense. The OS Software warranty is limited to errors that cause the Instrument to fail to conform to the foregoing warranty, and nonconformities will be addressed by PacBio commensurate with severity. With respect to PA Software, subject to these Terms, PacBio warrants, only to Buyer, that the Software shall conform substantially to the description in its Documentation PA Software, as provided by PacBio, when properly installed and used in a Supported Environment for connection with that Instrument, as set forth in the first thirty (30) days applicable Documentation, will substantially perform the functions and features described in such Documentation during the Warranty Period. Buyer’s exclusive remedy, and PacBio’s sole liability and obligation, under this warranty is limited to using reasonable efforts, commensurate with the severity of the License Termnonconformity, unless otherwise required by applicable lawto correct any substantial nonconformity. If PacBio does not warrant that any particular Software nonconformity will be corrected, or a workaround provided, within any particular time frame, provided that any OS Software warranty nonconformities preventing the media is defective, your sole remedy in the event of a breach of Instrument from conforming to this warranty will be that Mindjet will replace any defective media returned to Mindjet remedied by PacBio within the warranty perioda commercially reasonable timeframe. If the Software does not substantially conform warranties are subject to the description in its Documentation, your sole remedy will be requirement that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed Buyer maintains a software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use release level within one major release of the licensed most current software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software release made available by Mindjet PacBio to Buyer at no additional charge. NOTWITHSTANDING THE FOREGOING, including without limitation any trial or NFR (not for resale) license or subscription or CUSTOM CONSUMABLES MADE TO SPECIFICATIONS OF BUYER ARE SOLD reader” or “guest” accountAS IS”, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIESWHATSOEVER, WHETHER EXPRESS OR IMPLIED, STATUTORY, EXCEPT TO THE EXTENT SET FORTH IN ANY SEPARATE EXPRESS WRITTEN LIMITED WARRANTY INCLUDED IN THE DOCUMENTATION PROVIDED WITH THE CONSUMABLE OR IN ANY THE QUOTATION OR ON THE E-COMMERCE SITE. EXCEPT AS SET FORTH ABOVE, EXPIRATION DATES, SHELF LIFE, “USE BY,” GUARANTY OR OTHER PROVISION END OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS RECOMMENDED USE DATES ARE INCLUDED FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT INFORMATIONAL PURPOSES ONLY AND WILL NOT BE RESPONSIBLE FOR ANY DELAYSDEEMED AS A PERIOD OF WARRANTY. REPAIRS AND REPLACEMENTS MAY BE PERFORMED WITH RECONDITIONED OR REFURBISHED PRODUCTS, DELIVERY FAILURESPARTS, OR OTHER DAMAGE RESULTING FROM SUBASSEMBLIES. SERVICE PARTS THAT ARE NOT INSTALLED BY A PACBIO SERVICE ENGINEER ARE SOLD “AS IS,” WITHOUT ANY SUCH PROBLEMSWARRANTY, STATUTORY, EXPRESS OR IMPLIED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMERThe installation of an Instrument hardware upgrade does not extend or restart any Instrument warranty, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUbut the parts comprising the Instrument upgrade are covered by the Service Parts limited warranty to the extent applicable. Repair or replacement of a Product will not extend the original warranty period for that Product.

Appears in 1 contract

Samples: Terms and Conditions

Limited Warranty. a. Mindjet If you have purchased a license to use the Software and Documentation from Checkmarx or an authorized reseller, Checkmarx warrants that the media on which the Software is distributed, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in for a Supported Environment for the first period of thirty (30) days after initial delivery of the License TermSoftware to you, unless otherwise required by applicable lawthe Software, when properly installed and used in accordance with the Documentation, is capable of operating in substantial conformity with the Documentation. If the media is defectiveWithin a commercially reasonable time after Checkmarx's receipt of written notice from you specifying any breach of these limited warranties, Checkmarx shall, in Checkmarx’s sole discretion and as your sole and exclusive remedy in the event of a and as Checkmarx's sole and exclusive liability for breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided thatwarranty: (a) deliver to you a workaround or correction of the Software has been properly installed non- conformity; or (b) terminate this XXXX and assist with coordinating a prorated refund of license fees paid. The limited warranty set forth above shall not apply to the extent the Software: (a) is not used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representativemodified without Checkmarx’s express authorization; and (c) Mindjet receives written notice fails to function due to a malfunction of the non-conformity within the warranty periodyour equipment or IT infrastructure; or (d) fails to function due to third party software and/or hardware that is not provided or approved by Checkmarx. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liabilityTHIS SECTION STATES YOUR SOLE AND EXCLUSIVE REMEDY AND THE ENTIRE LIABILITY OF CHECKMARX FOR BREACH OF WARRANTY. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawTHE LIMITED WARRANTIES SET FORTH IN THIS SECTION GIVE YOU SPECIFIC LEGAL RIGHTS. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, YOU MAY HAVE ADDITIONAL LEGAL RIGHTS UNDER LAW WHICH VARY FROM JURISDICTION TO THE MAXIMUM JURISDICTION. CHECKMARX DOES NOT SEEK TO LIMIT YOUR WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty. a. Mindjet You acknowledge that the System is provided using computer software, hardware and networks, any component of which may require maintenance or experience problems from time to time. You also acknowledge that Your access to and use of the System involves use of the Internet, third party Internet Service Providers (ISPs), Your computer and networking systems over which Bottomline has no control. As such, Bottomline cannot guarantee the continued availability of the System or that You will be able to access the System at any particular time or location. Bottomline also reserves the right to limit access to the System for the purpose of conducting repairs and upgrades at any time. Subject to the foregoing, Bottomline warrants (the "Limited Warranty") that the System will perform in general conformity with the standards of performance as established by Bottomline from time-to-time. In the event that Bottomline breaches such Limited Warranty, Bottomline's entire liability and Your exclusive remedy shall be, correction of the condition causing the breach within a reasonable period of time. Bottomline warrants that Your use of the media on which the Software is distributedSystem does not, if applicable, will be free from defects, and that the Software shall conform substantially to the description best of Bottomline's knowledge, infringe upon or violate any patent, copyright, or other proprietary right of any third party. If You learn of any possible such wrongful use of, misappropriation, or infringement of third party rights (together a "claim"), You agree to immediately notify Bottomline of such claim in writing. Should Bottomline determine that in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Termopinion there may be merit to such claim, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, then at its option and its Bottomline's sole discretion, correct it will either (i) procure for You the defects in right to continue to access and use the Software or replace System, (ii) modify the defective licensed software, and, if Mindjet is unable System to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable effortsit non- infringing, to discontinue your or (iii) terminate this Agreement. Bottomline shall have no liability for any claim based on Your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and System other than in accordance with this Agreement or Your use of the instructions System in its Documentation; (b) no modificationcombination with other services, alterationsoftware, or addition has been made to the Software product equipment not provided by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy Bottomline, where such infringement would not have occurred, but for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUsuch combination.

Appears in 1 contract

Samples: License Agreement

Limited Warranty. a. Mindjet (a) For a period of [**] days following the date of delivery to the possession of a common carrier designated by Distributor (“Warranty Period”), Manufacturer warrants solely to Distributor that (i) reasonable care has been used in the media on which design and manufacture of the Software is distributedProducts, if applicable, will be free from defects(ii) the Product supplied to Distributor shall meet the specifications and quality standards required by ISO 13485, and that (iii) the Software shall conform substantially Product, at the time of delivery to the description in its Documentation when used in possession of a Supported Environment for the first thirty (30) days common carrier designated by Distributor, shall have a minimum remaining shelf life of the License Term, unless otherwise required by applicable law[**] months. If the media is defective, your sole remedy in In the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentationwarranty, your sole remedy will be that Mindjet Manufacturer shall, at its option and its sole discretionoption, correct the defects in the Software repair or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice provide a replacement of the non-conformity conforming Product (which replacement may be supplied at the same time as a normal delivery of Product to Distributor) free of charge; provided that Distributor notifies Manufacturer of the breach within [**] days after discovery of the breach, but in no event after the expiration of the Warranty Period. The remedies set forth in this Section 20 shall constitute Manufacturer’s sole obligation and Distributor’s sole remedy for any such breach of warranty by Manufacturer. (b) Under no circumstances shall the warranty period. This is your sole set forth in this Section 20 apply to (i) any Product which has been customized, modified, damaged after the delivery F.O.B. to Manufacturer’s designated facility, or misused, or (ii) any Product which has failed due to Distributor’s failure to use the storage or operating procedures set forth in Manufacturer’s instructions for use and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no chargeother materials provided to Distributor. (c) EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” accountTHE PRODUCTS AND ANY OTHER MATERIALS PROVIDED BY MANUFACTURER UNDER THIS AGREEMENT ARE PROVIDED AS IS, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawAND MANUFACTURER DISCLAIMS ALL WARRANTIES. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTYAS EXPRESSLY SET FORTH IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL MANUFACTURER MAKES NO OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, WRITTEN OR IN ORAL (INCLUDING ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUNONINFRINGEMENT).

Appears in 1 contract

Samples: International Distribution Agreement (Biosphere Medical Inc)

Limited Warranty. a. Mindjet 10.1 IAdapt warrants that for a period of ninety (90) days after the media on which initial delivery of the Software is distributedto Licensee, if applicable, will be free from defects, and that the latest unmodified version of the Software released by IAdapt shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and perform in accordance with the instructions standard Documentation. 10.2 All warranties in its Documentation; (b) respect of the products shall be honoured by IAdapt in accordance with the terms thereof. 10.3 The parties specifically agree that no modification, alteration, or addition has been made to the Software product by persons other warranties other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach those provided in terms of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software agreement are made available by Mindjet at no chargeIAdapt regarding the software or documentation, including without limitation limitation, express or implied warranties. IAdapt expressly disclaims the warranties of merchantability, fitness for the particular purpose and any trial other warranty, whether express or NFR (implied. 10.4 Any product purchased from IAdapt by The Licensee which manifests any defect during the warranty period therefore will be replaced by IAdapt, at the election of IAdapt. IAdapt will at no charge to The Licensee replace the products if such replacement is not necessitated by any wilful or negligent conduct on the part of The Licensee or by abnormal or unauthorised modification to the products. 10.5 In no event shall IAdapt or its licensor be liable for resale) license any incidental, special, indirect or subscription consequential damages, loss of business, loss of profits, loss of goodwill or “reader” intellectual conduct relating to or “guest” account, which are provided “as is” and “as available” with all faults and without warranty arising out of any kind breach of publications or delay in delivering software or documentation under the agreement, or The Licensee's or its customers’ inability to use the software even if IAdapt or licensor has been advised of the possibility of such loss or damage. Should the aforegoing limitations for whatever reason whatsoever not be enforceable then the liability of IAdapt or its licensor shall be limited to the maximum extent permitted total amount of the license fees paid by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUThe Licensee to IAdapt.

Appears in 1 contract

Samples: Master Software License Agreement

Limited Warranty. a. Mindjet You acknowledge that the System is provided using computer software, hardware and networks, any component of which may require maintenance or experience problems from time to time. You also acknowledge that your access to and use of the System involves use of the Internet, third party Internet Service Providers (ISPs), your computer and networking systems over which Bottomline has no control. As such, Bottomline cannot guarantee the continued availability of the System or that you will be able to access the System at any particular time or location. Bottomline also reserves the right to limit access to the System for the purpose of conducting repairs and upgrades at any time. Subject to the foregoing, Bottomline warrants (the "Limited Warranty") that the System will perform in general conformity with the standards of performance as established by Bottomline from time-to-time. In the event that Bottomline breaches such Limited Warranty, Bottomline's entire liability and your exclusive remedy shall be, correction of the condition causing the breach within a reasonable period of time. Bottomline warrants that the media on which the Software is distributed, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license System does not, to the Software provided that: best of Bottomline's knowledge, infringe upon or violate any patent, copyright, or other proprietary right of any third party. If you learn of any possible such wrongful use of, misappropriation, or infringement of third party rights (atogether a "claim"), you agree to immediately notify Bottomline of such claim in writing. Should Bottomline determine that in its opinion there may be merit to such claim, then at Bottomline's sole discretion, it will either (i) procure for you the Software has been properly installed right to continue to access and used at all times and use the System, (ii) modify the System to make it non- infringing, or (iii) terminate this Agreement. Bottomline shall have no liability for any claim based on your use of the System other than in accordance with this Agreement or your use of the instructions System in its Documentation; (b) no modificationcombination with other services, alterationsoftware, or addition has been made to the Software product equipment not provided by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy Bottomline, where such infringement would not have occurred, but for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUsuch combination.

Appears in 1 contract

Samples: License Agreement

Limited Warranty. a. Mindjet EDUVERSE warrants that (a) the media SOFTWARE will, for a period of ninety (90) days from the date of your receipt, perform substantially in accordance with EDUVERSE's written materials accompanying it, and (b) any Support Services provided by EDUVERSE shall be substantially as described in applicable written materials provided to you by EDUVERSE, and (c) EDUVERSE support engineers will make commercially reasonable efforts to solve any problem issues with the SOFTWARE. To the extent that implied warranties on which the Software is distributedSOFTWARE are disclaimable, they are disclaimed hereinbelow. Some states and jurisdictions do not allow disclaimers of or limitations on the duration of an implied warranty, so the above limitation may not apply to you. To the extent implied warranties may not be entirely disclaimed but implied warranty limitations are allowed by applicable law, implied warranties on the SOFTWARE, if applicableany, are limited to ninety (90) days. CUSTOMER REMEDIES. EDUVERSE's and its suppliers' entire liability and your exclusive remedy shall be for EDUVERSE to repair or replace the component(s) of the SOFTWARE that do not meet EDUVERSE's Limited Warranty. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment warranted for the first remainder, of the original warranty period or thirty (30) days of the License Termdays, unless otherwise required by applicable lawwhichever is longer. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, NO OTHER WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET EDUVERSE AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY SUPPLIERS DISCLAIM ALL, OTHER WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIESCONDITIONS, WHETHER EITHER EXPRESS OR IMPLIED, STATUTORYINCLUDING, OR IN ANY OTHER PROVISION OF THIS XXXXBUT NOT LIMITED TO, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENTAND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE AND NONINFRINGEMENT THE PROVISION OF INTELLECTUAL PROPERTY OR FAILURE TO PROVIDE SUPPORT SERVICES, THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTSYOU MAY HAVE OTHERS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT WHICH VARY FROM STATE/] URTSDICTION TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUSTATE/JURISDICTION.

Appears in 1 contract

Samples: Affiliate Agreement (Xin Net Corp)

Limited Warranty. a. Mindjet 10.1 IAdapt warrants that for a period of one hundred and eighty (180) days after the media on which initial delivery of the Software is distributedto Licensee, if applicable, will be free from defects, and that the latest unmodified version of the Software released by IAdapt shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and perform in accordance with the instructions standard Documentation. 10.2 All warranties in its Documentation; (b) respect of the products shall be honoured by IAdapt in accordance with the terms thereof. 10.3 The parties specifically agree that no modification, alteration, or addition has been made to the Software product by persons other warranties other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach those provided in terms of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software agreement are made available by Mindjet at no chargeIAdapt regarding the software or documentation, including without limitation limitation, express or implied warranties. IAdapt expressly disclaims the warranties of merchantability, fitness for the particular purpose and any trial other warranty, whether express or NFR (implied. 10.4 Any product purchased from IAdapt by The Licensee which manifests any defect during the warranty period therefore will be replaced by IAdapt, at the election of IAdapt. IAdapt will at no charge to The Licensee replace the products if such replacement is not necessitated by any wilful or negligent conduct on the part of The Licensee or by abnormal or unauthorised modification to the products. 10.5 In no event shall IAdapt or its licensor be liable for resale) license any incidental, special, indirect or subscription consequential damages, loss of business, loss of profits, loss of goodwill or “reader” intellectual conduct relating to or “guest” account, which are provided “as is” and “as available” with all faults and without warranty arising out of any kind breach of publications or delay in delivering software or documentation under the agreement, or The Licensee's or its customers’ inability to use the software even if IAdapt or licensor has been advised of the possibility of such loss or damage. Should the aforegoing limitations for whatever reason whatsoever not be enforceable then the liability of IAdapt or its licensor shall be limited to the maximum extent permitted total amount of the license fees paid by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUThe Licensee to IAdapt.

Appears in 1 contract

Samples: Master Software License Agreement

Limited Warranty. a. Mindjet warrants that the media on which the Software is distributed, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) Company hereby warrants to Subscriber alone only that all of the Software has been properly material installed is agreed to be specified and used at all times and is in accordance with the instructions in its Documentation; manufacture's specifications. In the event any part shall become defective within ninety (90) days from the date of the original invoice for the installation, Alarm Partners shall replace or repair any defective part without charge to the Subscriber. This warranty is not assignable. (b) no modificationIf the Subscriber shall discover a defect in the products supplied under this Agreement, alteration, or addition has been made to Subscriber should immediately contact Alarm Partners in writing and fully describe the Software product by persons other than Mindjet or its authorized representative; and nature of the defect so that repair service may be rendered. (c) Mindjet receives written notice Except as set forth in paragraph A Alarm Partners makes no express warranties as to any matter whatsoever, including, without limitation, the condition of the non-conformity within equipment, its merchantability, or its fitness for any particular purpose; all other warranties are specifically excluded. (d) this warranty does not cover any damage to material or equipment caused by accident, vandalism, flood, water, lightning, intrusion, abuse, misuse, an act of God, any casualty, including electricity, attempted unauthorized repair service, modification or improper installation by anyone other than the Company and any other cause beyond the control of the Company. COMPANY SHALL NOT BE LIABLE FOR ANY GENERAL, DIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTIAL OR CONSEQUENTIAL DAMAGES. Subscriber acknowledges that any affirmation of fact or promise made by Alarm Partners shall not be deemed to create an express warranty; that Alarm Partners does not make any representation or warranty, including any implied warranty periodor merchantability or fitness that the system may not be compromised, circumvented, or the system will in all cases provide the signaling and or detection for which it was intended. The Subscriber is nor relying on Alarm Partners skill or judgement in selecting or furnishing a system suitable for any purpose. THERE ARE NO EXPRESS WARRANTIES WHICH EXTEND BEYOND THOSE ON THE FACE OF THE AGREEMENT HEREOF, OR HEREIN, and that all implied warranties, if any coincide with the duration of this warranty. Some states do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This is your sole warranty gives you specific legal rights and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, you may also have other rights which are provided “as is” and “as available” with all faults and without warranty of any kind may vary from state to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUstate.

Appears in 1 contract

Samples: Installation and Service Agreement

Limited Warranty. a. Mindjet 10.1 HealthNetwork warrants that it has full power and authority to authorize and license Hospital to Use the media on which Proprietary Software in accordance with the Software is distributed, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach terms of this warranty will be that Mindjet will replace any defective media returned to Mindjet within Agreement. 10.2 To the warranty period. If knowledge of HealthNetwork, the Proprietary Software does not substantially conform infringe on any existing United States patents or copyrights owned by third parties. HealthNetwork shall defend Hospital against any claim that the Use of the Proprietary Software by Hospital permitted under this Agreement constitutes a patent or copyright infringement, but only to the description in its Documentation, your sole remedy will be extent that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform action relates solely to the description in its Documentation after such commercially reasonable effortsProprietary Software, to discontinue your use not materially altered or modified by or on behalf of Hospital, and is not based on the licensed software Use of Proprietary Software on other than the Designated System(s), or for which the Proprietary Software was not designed and terminate your license to the Software recommended, and provided further, that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its DocumentationHospital gives HealthNetwork written notice within five (5) days of receipt of notice by Hospital of any such claim; (b) no modification, alteration, or addition HealthNetwork controls the defense of any such action and has been made the exclusive right to the Software product by persons other than Mindjet or its authorized representativesettle any such claims; and (c) Mindjet receives written notice Hospital will fully cooperate with HealthNetwork in the defense of such claim. In the event that the Use of Proprietary Software is enjoined by a court of competent jurisdiction because of a holding of patent or copyright infringement, HealthNetwork at its sole option shall either: (a) procure for Hospital the right to continue Using the Proprietary Software; or (b) modify the Proprietary Software to make it noninfringing while still performing substantially its same functions; or (c) refund a reasonable portion of the non-conformity within the warranty period. This is your sole license and exclusive remedy for a breach of monthly Service Fees paid by Hospital to Contractor under this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR Agreement. 10.3 THE PRECEDING EXPRESS LIMITED WARRANTY, FOREGOING ARE THE ONLY WARRANTIES MADE BY HEALTHNETWORK WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET PROPRIETARY SOFTWARE AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE DESIGNATED SYSTEM(S) PROVIDED HEREUNDER AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIESWARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, STATUTORYINCLUDING, OR IN BUT NOT LIMITED TO, ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND MERCHANTABILITY. 10.4 Hospital understands and acknowledges that no third party is authorized to make any representations, TITLEagreements, QUIET ENJOYMENTcommitments or warranties on behalf of, or in any way to obligate, HealthNetwork with respect to the Proprietary Software, the Designated System(s) or any other matter. 10.5 Hospital acknowledges that the use of additional hardware or software with or in connection with the Designated System(s) might cause the Designated System(s) to deviate from its normal operation, or interfere with the operation of the Proprietary Software. USE OF ANY ADDITIONAL HARDWARE OR SOFTWARE WITH THE DESIGNATED SYSTEM(S) THAT HAS NOT BEEN EXPRESSLY APPROVED BY HEALTHNETWORK IN WRITING VOIDS ALL WARRANTIES HEREUNDER. NONE OF HEALTHNETWORK OR ANY THIRD PARTY FROM WHICH HOSPITAL OBTAINED DESIGNATED SYSTEM(S) SHALL BE LIABLE FOR, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTSHOSPITAL DISCLAIMS ALL DAMAGES WHATSOEVER RESULTING FROM, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF ADDITIONAL HARDWARE OR SOFTWARE WITH THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS DESIGNATED SYSTEM(S) THAT HAS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, BEEN SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUAPPROVED BY HEALTHNETWORK.

Appears in 1 contract

Samples: Service and Software License Agreement (Voxcorp Inc)

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