Limited Warranty. YOU AGREE THAT THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundable.
Appears in 3 contracts
Samples: Purchase Contract, End User License Agreement, End User License Agreement
Limited Warranty. YOU AGREE THAT WEBSENSE warrants that the Products will operate in substantial conformance with the then current WEBSENSE published documentation under normal use for the Term. Notwithstanding the previous sentence, WEBSENSE does not warrant that: (i) the Products will be free of defects; (ii) the 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 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 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 Products. Any unauthorized modification of the Products, tampering with the Products, use of the Products inconsistent with the accompanying documentation, or related breach of this Agreement by You shall void the aforementioned warranty. EXCEPT AS EXPLICITLY SET FORTH HEREIN AND TO THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY EXTENT ALLOWED BY LAW, THERE ARE NO OTHER WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS OR MERCHANTABILITY. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER SUBJECT MATTER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundableTHIS AGREEMENT.
Appears in 2 contracts
Samples: Distribution Agreement (Websense Inc), Distribution Agreement (Websense Inc)
Limited Warranty. YOU AGREE THAT Spirit Education warrants that the media on which the Software is distributed will be free from defects, and that the Software shall perform substantially as described in its documentation for a period of sixty (90) days from purchase. Your sole remedy in the event of a breach of this warranty will be that Spirit Education will, at its option, replace any defective media returned to Spirit Education within the warranty period or refund the money you paid for the Software. Spirit Education does not warrant that the Software will meet your requirements or that operation of the Software will be uninterrupted or that the Software will be error-free. THE FONT SOFTWARE ABOVE WARRANTY IS SUPPLIED TO YOU WITHOUT ANY EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITYAND NONINFRINGEMENT. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissionsTHIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU AGREE THAT MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. Disclaimer of Damages: REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, SPIRIT EDUCATION BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR FOR ANY PUNITIVE LOST DATA ARISING OUT OF THE USE OR SPECIAL DAMAGES, INABILITY TO USE THE SOFTWARE EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE SPIRIT EDUCATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO CASE SHALL SPIRIT EDUCATION LIABILITY EXCEED THE PURCHASE PRICE FOR THE SOFTWARE. The disclaimers and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, above will apply regardless of whether you accept the Font Software is non-returnable and nonrefundableSoftware.
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement
Limited Warranty. Unless otherwise provided in the limited warranties for the Software found at xxxx://xxx.Xxxx.xxx/Warranty, Dell solely warrants that it has the right to grant the licenses to the Software, and except as set forth in Sections 13 and 15 below, that such Software will substantially conform in material respects to the functional specifications and current documentation provided by Dell with the Software. This limited warranty is not transferable and extends only for thirty (30) days from the date of delivery of the Software, unless otherwise stated at xxx.Xxxx.xxx/Xxxxxxxx. This limited warranty does not cover damages, defects, malfunctions or failures caused by any unauthorized modification by you, or your agents, of the Software; any abuse, misuse or negligent acts of you; modification by you of any interfaces or any software or hardware interfacing with the Software; or any failure by you to follow Dell’s installation, operation or maintenance instructions. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, DELL MAKES, AND YOU AGREE THAT RECEIVE, NO OTHER WARRANTIES RELATED TO THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT WHETHER EXPRESS, IMPLIED OR STATUTORY, AND DELL SPECIFICALLY DISCLAIMS ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND NON-INFRINGEMENT. DELL DOES NOT WARRANT THAT THE FUNCTIONS OF THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR MERCHANTABILITY. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissionsTHAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU AGREE THAT IN NO EVENT WILL ASSUME RESPONSIBILITY FOR SELECTING THE PROVIDER SOFTWARE AND THE RESULTS ACHIEVED. YOUR SOLE AND EXCLUSIVE REMEDY, AND DELL’S ENTIRE LIABILITY, FOR BREACH OF THE PRODUCT WARRANTIES PROVIDED HEREIN, IS FOR DELL, AT ITS SOLE DISCRETION, TO EITHER USE COMMERCIALLY REASONABLE EFFORTS TO REMEDY ANY NON-CONFORMANCE OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) TO PROVIDE A REFUND OF THE FONT LICENSE FEES PAID BY YOU TO DELL FOR THE SOFTWARE, . THIS DISCLAIMER OF WARRANTY MAY NOT BE LIABLE TO VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED -- ANY OTHER PARTY SUCH WARRANTY EXTENDS ONLY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THIRTY (30) DAYS FROM THE PROVIDER DATE OF DELIVERY OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundableSOFTWARE.
Appears in 2 contracts
Samples: Dell End User License Agreement, Dell End User License Agreement
Limited Warranty. Quadralay warrants to you that the Software will perform substantially in accordance with the Documentation for the thirty (30) day period following your receipt of the Software. To make a warranty claim, you must return the Software to the location where you obtained it, or if you downloaded it, provide affirmation in writing that you have destroyed all copies of the Software and Documentation, along with a copy of your sales receipt within such thirty (30) day period. If the Software does not perform substantially in accordance with the Documentation, the entire and exclusive liability and remedy shall be limited to either, at Quadralay's option, the replacement of the Software or the refund of the license fee you paid for the Software. QUADRALAY AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU AGREE THAT MAY OBTAIN BY USING THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY OR DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR QUADRALAY'S OR SUPPLIERS' BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, QUADRALAY AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A ANY PARTICULAR PURPOSE OR MERCHANTABILITYPURPOSE. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL QUADRALAY PROVIDES THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITSDOCUMENTATION AND SUPPORT SERVICES, LOST DATAIF ANY, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AS IS AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font SoftwareWITH ALL FAULTS. Some jurisdictions do not allow the exclusion states or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by lawpermissible, any implied warranties that cannot effectively be excluded by this Agreement are limited to ninety DEFECTS DISCOVERED DURING THE PERIOD OF THE LIMITED WARRANTY (90THIRTY (30)] DAYS); AS TO ANY DEFECTS DISCOVERED AFTER THE THIRTY (30) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or deathDAY PERIOD, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liabilityTHERE IS NO WARRANTY OR CONDITION OF ANY KIND. This warranty gives you specific legal rights. You may have other rights that which vary from state to state or jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundable.
Appears in 2 contracts
Samples: License Agreement, Electronic End User License Agreement
Limited Warranty. Adobe warrants to you that the Software will perform substantially in accordance with the Documentation for the ninety (90) day period following your receipt of the Software. To make a warranty claim, you must return the Software to the location where you obtained it along with a copy of your sales receipt within such ninety (90) day period. If the Software does not perform substantially in accordance with the Documentation, the entire and exclusive liability and remedy shall be limited to either, at Adobe's option, the replacement of the Software or the refund of the license fee you paid for the Software. ADOBE AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU AGREE THAT MAY OBTAIN BY USING THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY OR DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR ADOBE'S OR ITS SUPPLIERS' BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, ADOBE AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A ANY PARTICULAR PURPOSE OR MERCHANTABILITYPURPOSE. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT ADOBE OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, SUPPLIERS BE LIABLE TO YOU OR FOR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECTCONSEQUENTIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font SoftwareOR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or jurisdictions do not allow the exclusion or limitations limitation of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by lawpermissible, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that which vary from state to state or jurisdiction to jurisdiction. Other than as expressly set forth hereinFor further warranty information, the Font Software is non-returnable and nonrefundableplease contact Adobe’s Customer Support Department.
Appears in 2 contracts
Samples: www.cs.cmu.edu, lost-contact.mit.edu
Limited Warranty. YOU AGREE THAT THE FONT Enel X will provide the JuiceBox in material conformance with the JuiceBox description published at xxxxx://xxxxxxxxxx.xxxxx.xxx/privacy-policy and in accordance with the warranty terms published at xxxxx://xxxxxxx.xxxxxxxxxxx.xxx/hc/en- us/articles/360000548291-Limited-Warranty-United-States-. Enel X, at its sole expense and as your sole remedy, will use commercially reasonable efforts to correct any material non-conformance within sixty (60) days after Enel X receives written notice from you that includes information sufficient to permit Enel X to diagnose and cure the non- conformance. For warranty service, contact us at xxxxxxx@xxxxxxxxxxx.xxx or by calling us at 844.584.2329. You acknowledge and agree that the JuiceBox, the JuiceNet Software, and the JuiceNet Dashboard are complex with a variety of dependencies, and as such, Enel X cannot guarantee that they will be provided without error or interruption. Enel X’s warranty obligations are expressly subject to: (a) the JuiceBox, JuiceNet Software and JuiceNet Dashboard being used in accordance with this Agreement, the applicable product and service descriptions, and any other instructions provided by Enel X; and (b) you providing written notice to Enel X of any alleged breach of warranty promptly after you become aware of it. OTHER THAN AS EXPRESSLY SET FORTH IN THIS SECTION 7, JUICEBOX, JUICENET SOFTWARE IS SUPPLIED AND JUICENET DASHBOARD ARE PROVIDED “AS IS” AND AS AVAILABLE, AND ENEL X AND ITS SUPPLIERS AND LICENSORS MAKES NO AND HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO YOU WITHOUT ANY WARRANTIESJUICEBOX, EXPRESSED JUICENET SOFTWARE OR IMPLIEDJUICENET DASHBOARD, INCLUDING WITHOUT LIMITATION LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR MERCHANTABILITY. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL ARISING FROM THE PROVIDER COURSE OF DEALING BETWEEN THE PRODUCT PARTIES OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) USAGE OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATATRADE, OR ANY OTHER INDIRECTWARRANTY OF NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, INCIDENTAL OR CONSEQUENTIAL DAMAGESIN EACH CASE, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED TO THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundableFULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Appears in 2 contracts
Samples: Residential Smart Charging Participation Agreement, Residential Smart Charging Participation Agreement
Limited Warranty. YOU AGREE THAT Licensor warrants that the Software will, for a period of one (1) year following its delivery to you, be in good working order and will conform in all material respects to Licensor's published specifications. Licensor does not warrant that the operation of the Software will be uninterrupted or error-free, or that the functionality of the Software will meet your individualized requirements. The foregoing warranty does not cover repair for damages, malfunctions, or service failures caused by (1) actions of any non-Licensor personnel, your failure to follow Licensor's installation, operation, or maintenance instructions, (3) attachment to or incorporation in the Software of non- Licensor products not supported or otherwise authorized by Licensor, or (4) or any factor beyond Licensor's control, including fire, explosion, lightning, pest damage, power surges or failures, strikes or labor disputes, water, acts of God, the elements, war, terrorism, civil disturbances, acts of civil or military authorities or the public enemy, transportation facilities, fuel or energy shortages, or acts or omissions of communications carriers. EXCEPT FOR THE FONT WARRANTIES SET FORTH IN THIS SECTION 6, THE SOFTWARE IS SUPPLIED TO YOU WITHOUT LICENSED "AS IS," AND LICENSOR DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESSED WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, WITHOUT LIMITATION LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, ACCURACY, OR MERCHANTABILITY. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER INTERFERENCE WITH YOUR ENJOYMENT OF THE PRODUCT SOFTWARE OR OF NON-INFRINGEMENT. YOUR SOLE REMEDY AGAINST LICENSOR, ITS SUPPLIERSAFFILIATES, SUBCONTRACTORS, AND REPRESENTATIVES FOR LOSS OR DAMAGE CAUSED BY ANY FAILURE OF THE SOFTWARE TO OPERATE IN CONFORMITY WITH THIS WARRANTY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL BE (1) THE SUPPLIER(S) REPAIR OR REPLACEMENT OF THE FONT SOFTWARE, PROVIDED THAT SUCH SOFTWARE IS RETURNED IN ACCORDANCE WITH THE CONDITIONS PROVIDED HEREIN OR (2) IF SUCH REPAIR CANNOT BE LIABLE TO MADE OR AN EQUIVALENT REPLACEMENT CANNOT BE PROVIDED, THE REFUND OF AMOUNTS PREVIOUSLY PAID BY YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER BETWEEN DISCOVERY OF THE PRODUCT FAILURE OF THE SOFTWARE TO OPERATE IN CONFORMITY WITH THIS WARRANTY AND THE SUPPLIERS RETURN OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundable.AS REQUIRED BY THIS AGREEMENT.
Appears in 2 contracts
Samples: Privaris Licensing Agreement, Privaris Licensing Agreement
Limited Warranty. YOU AGREE THAT THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. You agree Imprivata warrants (a) that the Font Software will conform substantially to Imprivata's published user documentation as of the date of the Software shipment for a 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 that the Font Software is free of all bugs, errorsany sort, and omissions(c) Third Party Code. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERSImprivata will have no obligation hereunder if the alleged defect is due to (a) causes not within Imprivata's control, INCLUDING THE SUPPLIER(Sincluding alteration or abuse of the Software; (b) OF THE FONT SOFTWAREuse of the Software other than as permitted hereby or in accordance with its published specifications; or (c) any condition resulting, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITSin whole or in part, LOST DATAfrom your negligence, OR ANY OTHER INDIRECTor abuse, INCIDENTAL OR CONSEQUENTIAL DAMAGESaccident or natural disaster. In such event Imprivata's then-current charges may apply for any services provided pursuant to this Section. Imprivata's sole liability, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that and your sole and exclusive remedy and the sole liability remedy, for any breach of the provider foregoing limited software warranty is that Imprivata shall, at its option, repair or replace the Software so that it conforms to the limited warranty set forth above or terminate this Agreement and, on your return to Imprivata of the Product Software (with any Software installed on Hardware or your Computers, and media and documentation)and, if you purchased the supplier(s) Hardware from Imprivata, the Hardware, to refund to you the price paid therefore, and for any breach of the Font foregoing limited services warranty, is that Imprivata shall reperform such services provided you notify Imprivata in writing of any such breach within thirty (30) days after the performance of any nonconforming services. IMPRIVATA MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AND ALL OTHER WARRANTIES AS TO QUALITY, CONDITION, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, REASONABLE CARE OR WORKMANLIKE EFFORT, LACK OF NEGLIGENCE, LACK OF VIRUSES, QUIET ENJOYMENT, TITLE AND NONINFRINGEMENT 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 defective Font Software is, upon return of the defective Font Software to the provider of the Product, either adequate protection and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund backup of your licensee fee paid for such Font data and/or equipment used with the Software. Some jurisdictions do not allow the exclusion or limitations of incidentalTHIS LIMITED WARRANTY GIVES YOU SPECIFIC RIGHTS. YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE, consequential or special damages, so the above exclusion may not apply AND COUNTRY TO COUNTRY. Please contact Imprivata if you wish to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable purchase additional maintenance and nonrefundablesupport services.
Appears in 2 contracts
Samples: License Agreement, License Agreement
Limited Warranty. YOU AGREE THAT THE FONT SOFTWARE IS SUPPLIED SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS AND, TO YOU WITHOUT THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, RAVE EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY WARRANTIESKIND OR NATURE, EXPRESSED RELATING TO THE SERVICES AND PRODUCTS, WHETHER EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING WITHOUT LIMITATION INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT, TITLE, DATA ACCURACY, SATISFACTORY QUALITY, OR MERCHANTABILITYTHE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. You agree NO WARRANTY IS MADE BY RAVE ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF TRADE. Rave does not warrant that the Font Software is supplied without Services or Products will meet Client’s or any warranty Designated Institution’s requirements, that the Font Software is free of operation thereof will be uninterrupted or error-free, or that all bugserrors will be corrected. Without limiting the foregoing, errors, the Client acknowledges and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree agrees that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) Rave cannot guarantee the replacement performance of defective Font Software any Third Party Service Provider or Emergency Service Provider and that neither Party may make any claims or guarantees on behalf of Third Party Service Providers or Emergency Service Providers regarding any matters, (ii) delivery of any messages or any information regarding End Users in connection with the refund operation or use of your licensee fee paid the Services is not guaranteed and neither Rave nor any Third Party Service Provider or Emergency Service Provider shall be responsible for such Font Softwareany failure of delivery, and (iii) Rave shall not be responsible for any disruption to or failure of the Services resulting from the actions or inactions of any Third Party Service Providers or Emergency Service Providers. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree Client acknowledges and agrees that the liability Services and Products are not intended to replace the services of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars primary safety and emergency response services, including without limitation, 911 or equivalent, fire, police, emergency medical and public health services (U.S. $100,000collectively, “Emergency Service Providers”), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundable.
Appears in 2 contracts
Limited Warranty. YOU AGREE THAT VMware warrants that (i) the physical media, if any, on which the Software is delivered will be free of defects in materials and workmanship; and (ii) that the Software will substantially conform to the functional description set forth in the standard Documentation accompanying the Software for a period of 90 days after the date of delivery of the Software License Key to You (“Warranty Period”). If the physical media is defective and is returned to VMware within the Warranty Period, your exclusive remedy will be VMware’s option to repair or replace the defective physical media.. To return the defective physical media, send an email to xxxxx@xxxxxx.xxx to request a return authorization number. If during the Warranty Period the Software does not substantially conform to the functional description set forth in the Documentation, your exclusive remedy will be that VMware shall, at its sole option, correct the defects in the Software or refund the license fees You paid, if any, for the Software provided that (i) the Software has been properly installed and used at all times and in accordance with the Documentation; (ii) no modification, deletion or addition has been made to the Software by persons other than VMware or its authorized representative; and (iii) VMware receives written notice of the non-conformity within the Warranty Period. EXCEPT FOR THE FONT PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT MANDATED BY LAW, VMWARE AND ITS LICENSORS PROVIDE THE SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX OR COMMUNICATION WITH YOU, AND VMWARE AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugsPURPOSE, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is nonNON-returnable and nonrefundableINFRINGEMENT.
Appears in 2 contracts
Samples: Vmware End User License Agreement, Vmware End User License Agreement
Limited Warranty. YOU AGREE THAT THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY WARRANTIESFor 90 days from the Date of Confirmation (the "Warranty Period") and subject to the terms of this Agreement, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITYWinMagic warrants that the Software will reasonably conform to the specifications contained in the Documentation. You agree that the Font 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 supplied without any warranty misused; (d) you fail to promptly install an update issued by WinMagic; (e) the claim to defect or error has been caused, in whole or in part, by persons other than WinMagic; or (f) the Software has been installed on a system that has not been certified by WinMagic as compatible with the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the time of purchase. If you have a warranty claim brought properly within the Warranty Period, WinMagic's sole option of the provider of the Product responsibility pursuant to this limited warranty will be, at WinMagic’s sole discretion, to: (i) replace the replacement of defective Font Software with a version that meets the above-stated warranty; or (ii) terminate this Agreement and return to you a pro-rata portion of the Fees paid by you for the then current Term. In the case of a perpetual license, such refund will be calculated based on amortization of your licensee fee paid for such Font the Perpetual License Fee over a five (5) year period on a straight-line basis. If WinMagic, at its sole discretion, chooses to replace the Software, the Warranty Period applicable to the replacement 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. Some jurisdictions do not allow the exclusion or limitations of incidentalTHE LIMITED WARRANTY SET FORTH IN THIS PROVISION IS THE ONLY WARRANTY MADE BY WINMAGIC IN RESPECT OF THE SOFTWARE. WINMAGIC MAKES NO REPRESENTATIONS OR WARRANTIES, consequential or special damagesAND THERE ARE NO CONDITIONS, so the above exclusion may not apply to you. AlsoOF ANY KIND WHATSOEVER, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may lastWHETHER EXPRESS OR IMPLIED OR ARISING BY STATUTE OR OTHERWISE IN LAW OR EQUITY OR BY CUSTOM OR FROM COURSE OF DEALING OR USAGE OF TRADE, so the above limitations may not apply to you. To the greatest extent permitted by lawINCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF TITLE, any implied warranties not effectively excluded by this Agreement are limited to ninety NON-INFRINGEMENT, MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH (90i) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or deathTHE LICENSED MATERIALS (EXCEPT FOR THE SOFTWARE WARRANTY EXPRESSLY PROVIDED ABOVE) OR SUPPORT SERVICES, so such limitations or exclusions may not apply to you. In those jurisdictions(ii) ANY OPEN SOURCE SOFTWARE, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000)iii) ANY THIRD PARTY SOFTWARE, provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth hereinOR (iv) ANY PRODUCTS OR SERVICES NOT PROVIDED BY WINMAGIC, the Font Software is non-returnable and nonrefundableINCLUDING ANY CLOUD OR OTHER THIRD PARTY HOSTING SERVICES , ALL OF WHICH ARE EXPRESSLY DISCLAIMED BY WINMAGIC.
Appears in 1 contract
Samples: License and Services Agreement
Limited Warranty. YOU AGREE THAT THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY WARRANTIESFor 90 days from the Date of Confirmation (the "Warranty Period") and subject to the terms of this Agreement, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITYWinMagic warrants that the Software will reasonably conform to the specifications contained in the Documentation. You agree that the Font 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 supplied without any warranty misused; (d) you fail to promptly install an update issued by WinMagic; (e) the claim to defect or error has been caused, in whole or in part, by persons other than WinMagic; or (f) the Software has been installed on a system that has not been certified by WinMagic as compatible with the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the time of purchase. If you have a warranty claim brought properly within the Warranty Period, XxxXxxxx's sole option of the provider of the Product responsibility pursuant to this limited warranty will be, at WinMagic’s sole discretion, to: (i) replace the replacement of defective Font Software with a version that meets the above- stated warranty; or (ii) terminate this Agreement and return to you a pro-rata portion of the Fees paid by you for the then current Term. In the case of a perpetual license, such refund will be calculated based on amortization of your licensee fee paid for such Font the Perpetual License Fee over a five (5) year period on a straight-line basis. If WinMagic, at its sole discretion, chooses to replace the Software, the Warranty Period applicable to the replacement 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. Some jurisdictions do not allow the exclusion or limitations of incidentalTHE LIMITED WARRANTY SET FORTH IN THIS PROVISION IS THE ONLY WARRANTY MADE BY WINMAGIC IN RESPECT OF THE SOFTWARE. WINMAGIC MAKES NO REPRESENTATIONS OR WARRANTIES, consequential or special damagesAND THERE ARE NO CONDITIONS, so the above exclusion may not apply to you. AlsoOF ANY KIND WHATSOEVER, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may lastWHETHER EXPRESS OR IMPLIED OR ARISING BY STATUTE OR OTHERWISE IN LAW OR EQUITY OR BY CUSTOM OR FROM COURSE OF DEALING OR USAGE OF TRADE, so the above limitations may not apply to you. To the greatest extent permitted by lawINCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF TITLE, any implied warranties not effectively excluded by this Agreement are limited to ninety NON-INFRINGEMENT, MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH (90i) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or deathTHE LICENSED MATERIALS (EXCEPT FOR THE SOFTWARE WARRANTY EXPRESSLY PROVIDED ABOVE) OR SUPPORT SERVICES, so such limitations or exclusions may not apply to you. In those jurisdictions(ii) ANY OPEN SOURCE SOFTWARE, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000)iii) ANY THIRD PARTY SOFTWARE, provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth hereinOR (iv) ANY PRODUCTS OR SERVICES NOT PROVIDED BY WINMAGIC, the Font Software is non-returnable and nonrefundableINCLUDING ANY CLOUD OR OTHER THIRD PARTY HOSTING SERVICES , ALL OF WHICH ARE EXPRESSLY DISCLAIMED BY WINMAGIC.
Appears in 1 contract
Samples: Acceptance of Agreement
Limited Warranty. YOU AGREE THAT THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY WARRANTIESFor the period of thirty (30) days from the date of your receipt of the Software, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. You agree SilverStream warrants that the Font Software, when properly used, will operate in all material respects in conformity with its Documentation, and the Software is supplied without any warranty that the Font Software is media shall be free of all bugsdefects. SilverStream warrants that Software telephone support and training services ("Related Service(s)") will be performed by qualified personnel in a professional manner. In the event of non-conforming Software or Related Service(s), errorsor if the media is defective, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole SilverStream's exclusive liability shall be, as applicable and at SilverStream's option, replacement of the provider affected Software or media, or re-performance of the Product and the supplier(sRelated Service(s) at no additional charge, or a refund of the Font Software fees paid for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font affected Software or (ii) the refund of your licensee fee paid for such Font SoftwareRelated Service(s). Some jurisdictions do not allow the exclusion or limitations limitation of incidentalrelief, incidental or consequential or special damages, so the above limitation or exclusion may not apply to you. AlsoEVALUATION SOFTWARE AND ANY THIRD PARTY SOFTWARE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTY, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may lastEXPRESS OR IMPLIED, so the above limitations may not apply to youSTATUTORY OR OTHERWISE. To the greatest extent permitted by lawSILVERSTREAM DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, any implied warranties not effectively excluded by this Agreement are limited to ninety EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND WHETHER ARISING BY STATUTE OR IN LAW OR AS A RESULT OF A COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE SOFTWARE, ITS DOCUMENTATION, SUPPORT OR OTHER SERVICES RELATED TO THE SOFTWARE. NO WARRANTY IS MADE REGARDING THE RESULTS OF SOFTWARE OR RELATED SERVICES OR THAT ALL ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE YOUR RESPONSIBILITY TO (90I) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars REGULARLY BACK UP DATA MAINTAINED ON ANY COMPUTER SYSTEM USING THE SOFTWARE AND (U.S. $100,000), provided that such jurisdictions permit a limitation of such liabilityII) ADEQUATELY TEST PRIOR TO DEPLOYMENT EACH PRODUCTION VERSION OF THE SOFTWARE IN A CONFIGURATION WHICH REASONABLY SIMULATES YOUR PLANNED DEPLOYMENT OR PRODUCTION ENVIRONMENT. This limited warranty gives you specific legal rights. You may have other rights that vary from jurisdiction among jurisdictions. Some jurisdictions do not allow the exclusion of implied conditions or warranties, statutory or otherwise, so the above exclusions may not apply to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundableyou.
Appears in 1 contract
Samples: Business Partner Agreement (Silverstream Software Inc)
Limited Warranty. YOU AGREE THAT If you discover physical defects in the media, Alazar Technologies, Inc. will replace the media or documentation at no charge to you, provided you return the item to be replaced with proof of payment to Alazar Technologies, Inc. during the 90-day period after having taken delivery of the software. Alazar Technologies, Inc. excludes any and all implied warranties, including warranties of merchantability and fitness for a particular purpose and limits your remedy to return the software and documentation to Alazar Technologies, Inc. for replacement. Although Alazar Technologies, Inc. has tested the software and reviewed the documentation, ALAZAR TECHNOLOGIES, INC. MAKES NO WARRANTY OF REPRESENTATION, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THIS SOFTWARE OR DOCUMENTATION, ITS QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. AS A RESULT, THIS SOFTWARE AND DOCUMENTATION IS LICENSED “as is” AND YOU, THE FONT LICENSEE, ARE ASSUMING THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE. IN NO EVENT WILL ALAZAR TECHNOLOGIES, INC. BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY WARRANTIESOR DOCUMENTATION, even if advised of the possibility of such damages. In particular, Alazar Technologies, Inc. shall have no liability for any data acquired, stored or processed with this software, including the costs of recovering such data. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESSED OR IMPLIED. No Alazar Technologies, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITYInc. dealer, agent or employee is authorized to make any modifications or additions to this warranty. You agree that Information in this document is subject to change without notice and does not represent a commitment on the Font Software part of Alazar Technologies, Inc. The software described in this document is supplied without any warranty that furnished under this license agreement. The software may be used or copied only in accordance with the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability terms of the provider agreement. It is against the law to copy the software on any medium except as specifically allowed in the license agreement. No part of this manual may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying and recording, for any purpose without the Product and the supplier(s) written permission of the Font Software for defective Font Software isAlazar Technologies, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Software. Inc. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may lastliability for incidental or consequential damages, so the above limitations limitation or exclusion may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You , and you may also have other rights that rights, which vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundable.Addendum Contents 4 Reference ..................................................................................................................
Appears in 1 contract
Samples: S Guide
Limited Warranty. Unless otherwise provided in the limited warranties for the Software found at xxxx://xxx.Xxxx.xxx/Warranty, Dell solely warrants that it has the right to grant the licenses to the Software, and except as set forth in Sections 14 and 16 below, that such Software will substantially conform in material respects to the functional specifications and current documentation provided by Dell with the Software. This limited warranty is not transferable and extends only for thirty (30) days from the date of delivery of the Software, unless otherwise stated at xxx.Xxxx.xxx/Xxxxxxxx. This limited warranty does not cover damages, defects, malfunctions or failures caused by any unauthorized modification by you, or your agents, of the Software; any abuse, misuse or negligent acts of you; modification by you of any interfaces or any software or hardware interfacing with the Software; or any failure by you to follow Dell’s installation, operation or maintenance instructions. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, DELL MAKES, AND YOU AGREE THAT RECEIVE, NO OTHER WARRANTIES RELATED TO THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT WHETHER EXPRESS, IMPLIED OR STATUTORY, AND DELL SPECIFICALLY DISCLAIMS ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND NON-INFRINGEMENT. DELL DOES NOT WARRANT THAT THE FUNCTIONS OF THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR MERCHANTABILITY. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissionsTHAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU AGREE THAT IN NO EVENT WILL ASSUME RESPONSIBILITY FOR SELECTING THE PROVIDER SOFTWARE AND THE RESULTS ACHIEVED. YOUR SOLE AND EXCLUSIVE REMEDY, AND DELL’S ENTIRE LIABILITY, FOR BREACH OF THE PRODUCT WARRANTIES PROVIDED HEREIN, IS FOR DELL, AT ITS SOLE DISCRETION, TO EITHER USE COMMERCIALLY REASONABLE EFFORTS TO REMEDY ANY NON-CONFORMANCE OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) TO PROVIDE A REFUND OF THE FONT LICENSE FEES PAID BY YOU TO DELL FOR THE SOFTWARE, . THIS DISCLAIMER OF WARRANTY MAY NOT BE LIABLE TO VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED -- ANY OTHER PARTY SUCH WARRANTY EXTENDS ONLY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THIRTY (30) DAYS FROM THE PROVIDER DATE OF DELIVERY OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundableSOFTWARE.
Appears in 1 contract
Samples: Dell End User License Agreement
Limited Warranty. YOU AGREE THAT THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY WARRANTIESFor a period of six (6) months from the date of this Agreement, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. You agree AHR warrants that the Font Software is supplied without any warranty that the Font Software is shall be substantially free of all bugs, from material program errors, and omissionsthat it shall function substantially in accordance with the express written product specifications for the Software. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERSAdditionally, INCLUDING THE SUPPLIER(SAHR does not warrant the accuracy of any data extracted from Licensee’s system. With respect to the Implementation Services provided hereunder, AHR warrants that such Services shall conform in all material respects to the specifications relating to such services. AHR’s warranty is subject to Licensee providing AHR necessary access, including remote access, to the Software. Licensee shall provide AHR with sufficient test time and support, including a reproducible test case, on Licensee's Designated Unit(s) OF THE FONT SOFTWAREto correct any defects of which Licensee has notified AHR in writing within the warranty period in sufficient detail such that AHR can confirm in fact such defect or non-conformity exists. Except for the foregoing, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGESthe Software is provided AS IS. You agree that your Licensee’s sole and exclusive remedy and the sole entire liability of the provider AHR under this limited warranty will be, at AHR’s option, repair or replacement of the Product and the supplier(s) Software, or refund of the Font Software for defective Font Software isprorate License Fees. THE LIMITED WARRANTY EXPRESSED IN THIS AGREEMENT IS IN LIEU OF ALL OTHER WARRANTIES, upon return of the defective Font Software to the provider of the ProductEXPRESS OR IMPLIED. NO OTHER WARRANTY REGARDING THE SOFTWARE OR SERVICES PROVIDED PURSUANT HERETO IS MADE HEREUNDER BY AHR AND ALL OTHER CONDITIONS, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or limitations of incidentalWARRANTIES, consequential or special damagesAND REPRESENTATIONS, so the above exclusion may not apply to you. AlsoEITHER EXPRESS OR IMPLIED, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may lastARE EXCLUDED, so the above limitations may not apply to you. To the greatest extent permitted by lawINCLUDING, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or deathBUT NOT LIMITED TO, so such limitations or exclusions may not apply to you. In those jurisdictionsCONDITIONS OR WARRANTIES RELATING TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000)REPRESENTATIONS CONTAINED IN ANY MANUAL, provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth hereinTEST PROGRAM, the Font Software is non-returnable and nonrefundablePRODUCT OR PRODUCT DESCRIPTIONS ARE HEREBY EXCLUDED.
Appears in 1 contract
Limited Warranty. YOU AGREE THAT Xxxxxxxx does not warrant that operation of the Software will be uninterrupted or error-free or that the Software will be adequate for the customer's intended application or use. Xxxxxxxx warrants to you that the Xxxxxxxx Software will substantially perform in accordance with the specifications set forth in this manual for a period of ninety (90) days after your receipt of the Xxxxxxxx Software (the “Warranty Period”); provided the Xxxxxxxx Software is used on the products for which it is intended and in accordance with the Documentation. If the Xxxxxxxx Software is not performing as warranted during the Warranty Period, as determined by Xxxxxxxx in its sole discretion (a “Nonconformity”), your exclusive remedy under this limited warranty is either a correction of the Xxxxxxxx Software or an explanation by Xxxxxxxx of how to use the Xxxxxxxx Software despite the Nonconformity, at Xxxxxxxx’x option. The foregoing limited warranty shall be null and void upon any modification of the Software, unless approved in writing by Xxxxxxxx. The portions of the Software not developed and owned by Xxxxxxxx shall not be covered by this limited warranty, and Xxxxxxxx shall have no duty or obligation to enforce any third party supplier’s warranties on your behalf. The failure to notify Xxxxxxxx of a Nonconformity during the Warranty Period shall relieve Xxxxxxxx of its obligations and liabilities under this limited warranty. EXCEPT FOR THE FONT FOREGOING, THE SOFTWARE IS SUPPLIED TO YOU PROVIDED “AS IS” WITHOUT ANY WARRANTIES, EXPRESSED OR IMPLIEDWARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. THE SOFTWARE IS NOT FAULT TOLERANT AND IS NOT DESIGNED OR MERCHANTABILITY. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugsINTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE INCLUDING WITHOUT LIMITATION, errorsIN THE OPERATION OF NUCLEAR FACILITIES, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT AIRCRAFT NAVIGATION OR ITS SUPPLIERSCOMMUNICATION SYSTEMS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWAREAIR TRAFFIC CONTROL, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITSWEAPONS SYSTEMS, LOST DATADIRECT LIFE-SUPPORT MACHINES, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL OR PROPERTY DAMAGE (COLLECTIVELY "HAZARDOUS ACTIVITIES"). XXXXXXXX EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HAZARDOUS ACTIVITIES. Limitation of Liability XXXXXXXX’X SOLE LIABILITY OR OBLIGATION UNDER THIS AGREEMENT IS SET FORTH ABOVE IN THE LIMITED WARRANTY SECTION OF THIS AGREEMENT. IN NO EVENT SHALL XXXXXXXX BE LIABLE FOR ANY DAMAGES. WITHOUT LIMITING THE FOREGOING, XXXXXXXX SHALL NOT BE LIABLE OR ASSUME LIABILITY FOR: (1) ECONOMICAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL SPECIAL, PUNITIVE OR CONSEQUENTIAL EXEMPLARY DAMAGES, WHETHER CLAIMED UNDER CONTRACT, TORT OR ANY OTHER LEGAL THEORY, (2) LOSS OF OR DAMAGE TO YOUR DATA OR PROGRAMMING, (3) PENALTIES OR PENALTY CLAUSES OF ANY DESCRIPTION, OR (4) INDEMNIFICATION OF YOU OR OTHERS FOR COSTS, DAMAGES, OR FOR ANY PUNITIVE EXPENSES RELATED TO THE GOODS OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundableSERVICES PROVIDED UNDER THIS LIMITED WARRANTY.
Appears in 1 contract
Samples: License Agreement
Limited Warranty. YOU AGREE THAT SoftArtisans warrants that for a period of thirty (30) days from delivery (the "Warranty Period") the Program shall be free from defects in the media on which it is provided. SoftArtisans does not warrant that your use of the Program will be uninterrupted or error free. If, during the Warranty Period, the Program does not meet this limited warranty, you may contact SoftArtisans and SoftArtisans shall, at its option, either replace the Program or refund your purchase price. The foregoing constitutes your sole and exclusive remedy for breach by SoftArtisans of any warranties (express or implied) made under this Agreement. This limited warranty is void if failure of the Program has resulted from accident, abuse, or misapplication. Any replacement Program will be warranted for thirty (30) days from your date of receipt. EXCEPT FOR THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT WARRANTIES SET FORTH ABOVE, THE PROGRAM AND THE DOCUMENTATION ARE LICENSED "AS IS," AND SOFTARTISANS DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugsPURPOSE, errorsTITLE, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font SoftwareNONINFRINGEMENT. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions states do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or and exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You , and you may also have other rights that which vary from jurisdiction state to jurisdictionstate. Other than as expressly For warranty claims, contact SoftArtisans at the email or post addresses set forth herein, the Font Software is non-returnable and nonrefundablebelow.
Appears in 1 contract
Samples: origin2.cdn.componentsource.com
Limited Warranty. profonts warrants that the profonts Software delivered to you to be free of defects in workmanship and manufacture for a period of ninety (90) days from the date of delivery to you as evidenced by a copy of your receipt. profonts`s entire liability and your exclusive remedy as to such physical media shall be replaced if the physical media that does not meet profonts`s Limited Xxxxxxxx is returned to profonts with a copy of the receipt. If failure of any physical media has resulted from accident, abuse, or misapplication, profonts shall have no responsibility to replace the physical media. Any replacement of physical media will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE profonts SOFTWARE AND DOCUMENTATION ARE PROVIDED „AS IS" . profonts DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU AGREE THAT MAY OBTAIN BY USING THE FONT profonts SOFTWARE IS SUPPLIED OR DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR profonts's BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, profonts MAKES NO WARRANTIES EXPRESSED OR IMPLIED AS TO YOU WITHOUT NON - INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR A PARTICULAR PURPOSE. profonts DOES NOT MAKE ANY WARRANTIESWARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundablePARTYICULAR PURPOSE.
Appears in 1 contract
Samples: www.atomictype.co.uk
Limited Warranty. YOU AGREE THAT THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY Data Pro Accounting Software, Inc. warrants that the software will function substantially in accordance with the documentation for a period of one year from the date of registration. You must inform Data Pro Accounting Software, Inc., in writing, at its St. Petersburg, FL offices of any failure of the software to function in accordance with the documentation. Upon receipt of written notice, Data Pro Accounting Software, Inc. shall perform warranty service, free of charge. This warranty does not apply if failure is due to accident, abuse, or misapplication. No dealer, company, agent, or person is empowered to expand or alter the terms of this warranty. DATA PRO ACCOUNTING SOFTWARE, INC. DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITYPURPOSE, WITH RESPECT TO THE MATERIALS. You agree that Some states may not allow the Font Software is supplied without any warranty that exclusion or limitation of implied warranties, so the Font Software is free of all bugs, errors, and omissionsabove limitation may not apply to you. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER SHALL DATA PRO ACCOUNTING SOFTWARE, INC. BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE PRODUCT USE OR ITS SUPPLIERS, INCLUDING INABILITY TO USE THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGESMATERIALS, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE DATA PRO ACCOUNTING SOFTWARE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software isIN ANY EVENT, upon return of the defective Font Software to the provider of the ProductDATA PRO ACCOUNTING SOFTWARE, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font SoftwareINC.’S ENTIRE LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE MATERIALS, PLUS FIVE PERCENT. Some jurisdictions Because some states do not allow the limitation or exclusion or limitations of incidental, consequential or special incidental damages, so the above limitation or exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundable.
Appears in 1 contract
Samples: License Agreement
Limited Warranty. YOU AGREE THAT The Software is warranted for ninety 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. Defective media will be replaced without charge if returned during the warranty period. This warranty shall be void if You attempt to modify the Software in any way. Rockwell 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 or actions taken based on information obtained using the Software. TO THE FONT SOFTWARE MAXIMUM EXTENT PERMITTED BY LAW THE FOREGOING LIMITED WARRANTY IS SUPPLIED TO YOU WITHOUT ANY IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, AND ROCKWELL AUTOMATION DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING (WITHOUT LIMITATION LIMITATION) ANY WARRANTIES WARRANTY OF TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITYANY WARRANTY UNDER UCITA. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugsSOME COUNTRIES AND STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, errorsSO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY OR STATE TO STATE. LIMITATION OF REMEDIES Rockwell Automation’s entire liability and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and Your exclusive remedy and the sole liability for breach of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury Limited Warranty shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundable.be:
Appears in 1 contract
Samples: License Agreement
Limited Warranty. YOU AGREE THAT THE FONT SOFTWARE Peregrine Labs warrants that, for a period of ninety (90) days after delivery of the Software: (a) the machine readable electronic files constituting the Software and Documentation shall be free from errors that may arise from the electronic file transfer from Peregrine Labs and/or its authorized reseller to Licensee; and (b) to the best of Peregrine Labs's knowledge, Licensee's use of the Software in accordance with the Documentation will not, in and of itself, infringe any third party's copyright, patent or other intellectual property rights. Except as warranted, the Software and Documentation is being provided “as is.”THE FOREGOING LIMITED WARRANTY IS SUPPLIED TO YOU WITHOUT ANY WARRANTIESIN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESSED EXPRESS OR IMPLIED, INCLUDING AND PEREGRINE LABS DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING, WITHOUT LIMITATION LIMITATION, ANY WARRANTIES IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, REGARDLESS OF WHETHER PEREGRINE LABS KNOWS OR MERCHANTABILITYHAS REASON TO KNOW OF LICENSEE'S PARTICULAR NEEDS. You agree Peregrine Labs does not warrant that the Font Software is supplied without any warranty or Documentation will meet Licensee's requirements or that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability Licensee's use of the provider Software will be uninterrupted or error free. No employee or agent of Peregrine Labs is authorized to modify this limited warranty, nor to make additional warranties. No action for any breach of the Product and the supplier(sabove limited warranty may be commenced more than one (1) year after Licensee's initial receipt of the Font Software for defective Font Software is, upon return of Xxxxxxxx.Xx the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties may not effectively excluded by this Agreement are limited to ninety be disclaimed under applicable law, then ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundableDAYS AFTER DELIVERY OF THE SOFTWARE TO LICENSEE.
Appears in 1 contract
Samples: End User Licensing Agreement
Limited Warranty. YOU AGREE THAT Check Point warrants to You that the encoding of the software program on the media on which the Product is furnished will be free from defects in material and workmanship, and that the Product shall substantially conform to its user manual, as it exists at the date of delivery as can be found on Check Point’s web page (xxx.xxxxxxxxxx.xxx), for a period of ninety (90) days from the date of purchase. Check Point's entire liability and Your exclusive remedy shall be, at Check Point's option, either: (i) return of the price paid to Check Point for the Product, resulting in the termination of this Agreement, or (ii) repair or replacement of the Product or media that does not meet this limited warranty. EXCEPT FOR THE FONT SOFTWARE IS SUPPLIED TO YOU LIMITED WARRANTIES SET FORTH IN THIS SECTION 7.1, THE PRODUCT AND ANY SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY WARRANTIESKIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION . CHECK POINT DOES NOT WARRANT THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. CHECK POINT DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugsPURPOSE, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font SoftwareNON-INFRINGEMENT. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liabilityYou. This warranty gives you You specific legal rights. You may have other rights that which vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundable.
Appears in 1 contract
Samples: License Agreement
Limited Warranty. YOU AGREE THAT To the extent permitted by applicable law, the Service is provided "as is" and "as available" without warranties or conditions of any kind. A limited warranty may apply to the Equipment in accordance with the Equipment Terms of Sale, a copy of which is available at xxx.Xxxx.xx. You are responsible for the use and compatibility of the Service with any equipment, software, services and/or other materials. Your Service Provider disclaims all responsibility for determining compatibility between the Service and any equipment, including without limitation the Equipment. To the extent permitted by applicable law, neither Your Service Provider nor any of its affiliates, agents and/or suppliers warrant the performance, availability, uninterrupted or error free use of or operation of the Service or any other service or deliverable provided under the Service Agreement. The entire risk as to the availability and performance of the Service and any deliverable (including without limitation the Equipment) under the Service Agreement is with you. Further, neither Your Service Provider nor its affiliates, agents and/or suppliers warrant that any data or files sent by or to you will be transmitted, transmitted in uncorrupted form or transmitted within a reasonable period of time, that such data or files will not be intercepted, that other persons will not gain access to your Account, the Service, any of your computer equipment, or that any Content or other material accessible through the Service is free of viruses or other harmful components, or will not be subject to "caching" at intermediate locations on the Internet when being accessed through the Service. TO THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT EXTENT PERMITTED BY APPLICABLE LAW, YOUR SERVICE PROVIDER MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY WARRANTIES, EXPRESSED OR IMPLIEDKIND WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, THE STATE OR MERCHANTABILITY. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugsCONDITION, errorsQUANTITY, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER DESIGN, WORKMANSHIP, DURABIL- ITY FOR ANY PERIOD OF TIME, EFFICACY, CAPACITY, PERFORMANCE OR FREEDOM FROM LIENS OR ENCUM- BRANCES, COMPLIANCE WITH ALL OR ANY FEDERAL AND PROVINCIAL HEALTH, SAFETY AND QUALITY STANDARDS OR QUALITY, COVERAGE, PERFORMANCE OR AVAILABILITY OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE SERVICE TO YOU AT ANY TIME IN ANY GIVEN GEOGRAPHIC AREA OR AT ANY OTHER PARTY FOR LOST PROFITSGIVEN LOCATION OR POSITIONING OF YOUR EQUIPMENT. ALL SUCH REPRESENTA- TIONS, LOST DATAWARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, OR ANY OTHER INDIRECTSERVICES, INCIDENTAL HARDWARE, EQUIPMENT, SOFTWARE OR CONSEQUENTIAL DAMAGESDELIVERABLES PROVIDED HEREUNDER, OR FOR ANY PUNITIVE MERCHANDISE, INFORMATION, CON- TENT OR SPECIAL DAMAGESSERVICE PROVIDED ON THE INTERNET, EVEN IF YOU NOTIFIED AND ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED ARE, TO THE PROVIDER OF THE PRODUCT EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundableEXPRESSLY DISCLAIMED.
Appears in 1 contract
Samples: Service Agreement
Limited Warranty. We will use commercially reasonable efforts to troubleshoot, analyze, assess, correct or otherwise resolve your computer or network problems. This is not a contract of insurance. This limited warranty does not create an obligation for us to correct problems caused by defective products or any modifications of the completed installation set-up (example: movement or set-up or addition of more components by anyone not deployed by Optic Communications or to assist you in the additional calibration of installation settings beyond initial set-up). No warranty is made hereunder for the hardware, software, or consumer electronic products associated with the Services. Furthermore, no warranty is made for any repeat occurrence caused by you of a virus or spyware infection that was previously removed in connection with the Services. Products shall be covered by the terms of any manufacturers' warranties or extended service plans ("Third Party Plans and Warranties") purchased by you. You agree to make any claims that you have related to your product warranty and any warranty period only to the providers of Third Party Plans and Warranties. No other warranties, expressed or implied, are made hereunder relating to the Services. As set forth below, there are no other warranties for the Services. WE DO NOT WARRANT THAT THE SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, ERROR FREE, OR SUCCESSFUL IN RESOLVING YOUR QUESTION OR COMPUTER PROBLEM. NO ADVICE OR MATERIALS OBTAINED BY YOU FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY. ANY CONTENT OR SOFTWARE THAT YOU ACCESS, DOWNLOAD OR USE WITH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE THAT THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR SOLELY RESPONSIBLE FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF DAMAGE THAT RESULTS FROM SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundableACTIVITIES.
Appears in 1 contract
Samples: Service Agreement
Limited Warranty. YOU AGREE THAT SKG warrants to Licensee: (a) for a period of one (1) year from the date Licensee first runs the Software, and any Updates, that the Software will substantially conform to the then current Documentation, and that all material functions will perform, provided that the Software is used on the computer hardware and with the operating system for which it was designed; (b) any changes made to the Documentation will not diminish the features and functionality contained in the Software as of the Effective Date; (c) that SKG is the owner of the Software or otherwise has the right to grant to Licensee the license to use the Software as set forth in this Agreement without violating any proprietary rights of any third party; (d) there is no pending or threatened litigation which would have a material adverse effect on SKG’s ability to perform its obligations under this Agreement; (e) Software shall be free of viruses, Trojan horses, worms, spyware, or other malicious code or components; and (f) that the Software will not infringe the intellectual property rights of any third party (provided this warranty does not apply if the alleged infringement results from (i) Licensee’s modification of the Software, or (ii) the combination, operation, or use of the Software with any product, data, apparatus, or business method that SKG did not provide, or (iii) the distribution, operation or use of the Software for the benefit of a third party or (iv) Licensee’s failure to install any Updates made by SKG to the Software that would have eliminated the infringement) (the “IP Warranty”). This limited warranty does not extend to Licensee’s alterations and customizations, Licensee Data, Third Party Applications or third-party customizations. No reseller, consultant or any third party is authorized to make any representation or warranty to Licensee regarding the Software. SKG further warrants that the IP Warranty will extend for a period of one (1) year from the date Licensee first runs any Updates made by SKG to the Software; provided that Licensee is current on the Subscription Fees. THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT FOREGOING ARE THE ONLY WARRANTIES MADE BY SKG. SKG MAKES NO OTHER WARRANTY OF ANY WARRANTIESKIND WHATSOEVER, EXPRESSED EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION . ANY AND ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITYARE EXPRESSLY DISCLAIMED AND EXCLUDED BY SKG. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugsEXCEPT FOR A BREACH OF THE CONFIDENTIALITY PROVISIONS OF THIS AGREEMENT, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, SHALL EITHER PARTY BE LIABLE TO YOU THE OTHER OR ANY OTHER PARTY PERSON FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, CONSEQUENTIAL OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, DAMAGES EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundable.
Appears in 1 contract
Limited Warranty. YOU AGREE THAT THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, death so that such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundable.
Appears in 1 contract
Samples: End User License Agreement
Limited Warranty. YOU AGREE THAT THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY WARRANTIESWe warrant that, EXPRESSED OR IMPLIEDfor a period of one (1) year after delivery, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITYour software will function in accordance with the accompanying documentation in all material respects. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that As your sole and exclusive remedy and our entire liability for any breach of this limited warranty, we will repair or replace, at no additional charge to you, any of our software that fails to meet it. We also warrant that we either own all right, title and interest to our software, or have sufficient rights to grant you the sole liability licenses provided in this agreement. These limited warranties shall automatically become null and void if anyone other than us modifies our software in any way. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WE EXPRESSLY DISCLAIM ANY AND ALL SUCH OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NONINFRINGEMENT. IF YOUR LOCAL LAW DOES NOT ALLOW OUR EXCLUSION OF IMPLIED WARRANTIES, THEN ANY IMPLIED WARRANTIES, GUARANTEES, OR CONDITIONS LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY AND ARE LIMITED AS MUCH AS YOUR LOCAL LAW ALLOWS. IF YOUR LOCAL LAW REQUIRES A LONGER LIMITED WARRANTY TERM, DESPITE THIS AGREEMENT, THEN THAT LONGER TERM WILL APPLY, BUT YOU CAN EXERCISE ONLY THE REMEDIES THAT ARE DESCRIBED IN THIS AGREEMENT. Defense of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software Infringement Claims. We will defend any action brought against you to the provider of extent that it is based upon a claim that our software infringes any patent, copyright or trade secret (as defined by the ProductUnited States Uniform Trade Secret Act), either and at the sole option of the provider of the Product will pay any costs, damages and reasonable attorneys’ fees attributable to such claim that are finally awarded or paid in settlement in any such action, provided that: (i) you promptly notify us in writing of the replacement of defective Font Software or claim; (ii) you grant us sole control of the defense and settlement of the claim; and (iii) you provide us with all assistance, information and authority reasonably required for the defense and settlement of the claim, at our expense. If your use of any of our software is, or in our opinion is likely to be, subject to the type of infringement claim specified above, we may, at our sole option and expense: (i) procure for you the right to continue using our software; (ii) replace or modify our software so it is non-infringing, but retains substantially the same functionality; or (iii) if neither (i) nor (ii) can be accomplished despite our reasonable efforts, then we may terminate your rights and our obligations under this agreement with respect to such software and refund to you the unamortized portion of your licensee fee the license fees paid for such Font Softwaresoftware based on a straight-line three (3) year depreciation from the date you received the software. Some jurisdictions do not allow We will have no liability for infringement claims of any kind arising from (i) any use of our software beyond the exclusion scope of this agreement or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundable.accompanying documentation;
Appears in 1 contract
Samples: License and Services Agreement
Limited Warranty. LIMITED WARRANTY FOR SOFTWARE PRODUCTS ACQUIRED IN THE US AND CANADA. Kosmos Business Systems Ltd warrants that the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying materials for a period of ninety (90) days from the date of receipt. If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY (90) DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you. Any supplements or updates to the SOFTWARE PRODUCT, 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. 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 Kosmos Business Systems Ltd, YOU AGREE THAT THE FONT SOFTWARE IS SUPPLIED ARE NOT ENTITLED TO YOU WITHOUT ANY WARRANTIES, EXPRESSED OR IMPLIEDDAMAGES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE BUT NOT LIMITED TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGESif the Software Product does not meet the Kosmos Business Systems Ltd Limited Warranty, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software isand, upon return of the defective Font Software to the provider maximum extent allowed by applicable law, even if any remedy fails of the Productits essential purpose. The terms of Section 11 below ("Exclusion of Incidental, either Consequential and at the sole option of the provider of the Product (iCertain Other Damages") the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Softwareare also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitations limitation of incidental, incidental or consequential or special damages, so the above limitation or exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty Limited Warranty gives you specific legal rights. You may have other rights that others which vary from state/jurisdiction to state/jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundable.
Appears in 1 contract
Samples: End User License Agreement
Limited Warranty. YOU AGREE THAT Each Party represents and warrants that: (a) it has ---------------- all necessary authority to enter into this Agreement and (b) the rights it has granted hereunder do not breach any other agreement to which it is a Party or by which it is bound. Reseller acknowledges that the Products are distributed by Supplier and not manufactured by Supplier, but are manufactured by entities for whom Seller acts as a distributor and/or reseller. Supplier represents that the manufactures and vendors of the products do not prohibit Reseller from allowing the resale of such products via the Internet; that it has the rights and licenses necessary to permit marketing, resell, and distribution of the products; that the Product Information (as set forth in section 9.2 of the Operations Manual) and the Product Database (as set forth in section 9.1 of the Operations Manual) as delivered to Reseller shall not infringe any intellectual property rights or violate any law, statute, ordinance, or regulation; or contain any inaccuracies with regard to the descriptions, prices and availability of the products; and that the products shall be free and clear of any liens or encumbrances. Furthermore, this limited warranty and any liability hereunder shall not exceed the warranty provided by the manufacturer of the Products. ALL WARRANTIES FOR THE FONT SOFTWARE PRODUCTS ARE SUBJECT TO AND LIMITED BY AND TO ANY WARRANTIES PROVIDED BY THE MANUFACTURER(S) OF ANY OF THE PRODUCTS. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXCEPT THOSE, IF ANY, SUPPLIED TO YOU WITHOUT ANY WARRANTIESBY THE MANUFACTURER OF THE PRODUCTS, EXPRESSED EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITYPURPOSE. You agree that This is a limited warranty and supersedes all other warranties. The remedies provided herein are the Font Software is supplied without any Reseller's exclusive remedies for breach of this warranty that and shall be the Font Software is free sole liability of all bugs, errors, and omissionsSupplier for a breach of this warranty. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, CASE SHALL EITHER PARTY BE LIABLE TO YOU FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, OR ANY OTHER PARTY FOR LOST PROFITSCONSEQUENTIAL DAMAGES BASED UPON BREACH OF WARRANTY, LOST DATABREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER INDIRECTLEGAL THEORY, INCIDENTAL INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF SAVINGS OR CONSEQUENTIAL DAMAGESREVENUES, LOSS OF USE OF ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES OR FOR ANY PUNITIVE SERVICES, DOWNTIME, THE CLAIMS OF THIRD PARTIES, INCLUDING CONSUMERS OR SPECIAL DAMAGESSUPPLIERS, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundableINJURY TO PROPERTY.
Appears in 1 contract
Samples: Supplier Agreement (Buy Com Inc)
Limited Warranty. YOU AGREE THAT THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY Xxxxxx warrants that the media containing the Software, if provided by Xxxxxx, is free from defects in materials and workmanship and will remain so for 90 days from the date you acquired the Software. Xxxxxx’x sole liability for any breach of this warranty shall be, in Xxxxxx’x discretion, to repair or replace your defective media without charge or to refund the license fee you paid for the Software. Defective media may be returned for replacement or refund during the 90-day warranty period unless the media has been damaged by your actions or while under your control. Due to the complex nature of computer software, Xxxxxx does not warrant that the Software is completely error-free, will operate without interruption, or is compatible with all equipment and software configurations. You expressly assume all risk for use of the Software. XXXXXX MAKES NO OTHER WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF WITH RESPECT TO THE SOFTWARE AND/OR THE PRINTED MATERIALS, THEIR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NO WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. NO DEALER, AGENT OR MERCHANTABILITYEMPLOYEE OF XXXXXX IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. You agree that the Font Software is supplied without any warranty that the Font Software is free may have others, which vary from state to state. Exclusion of all bugsDamages: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, errorsTORT, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT CONTRACT, OR OTHERWISE, SHALL XXXXXX OR ITS SUPPLIERSDIRECTORS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWAREOFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR ANY OTHER PARTY PERSON FOR LOST PROFITSANY CONSEQUENTIAL, LOST DATAINCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY AND ALL OTHER INDIRECT, INCIDENTAL DAMAGES OR CONSEQUENTIAL DAMAGESLOSSES, OR FOR ANY PUNITIVE DAMAGES IN EXCESS OF XXXXXX’X LIST PRICE FOR A LICENSE TO THE SOFTWARE AND/OR SPECIAL DAMAGESPRINTED MATERIALS, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE XXXXXX SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font SoftwareOR FOR ANY CLAIM BY ANY OTHER PARTY. Some jurisdictions states do not allow the limitation or exclusion of liability for incidental or limitations of incidental, consequential or special damages, so the above limitation or exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundable.
Appears in 1 contract
Samples: License Agreement
Limited Warranty. IF YOU AGREE THAT THE FONT HAVE PURCHASED A PERMANENT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY WARRANTIESKEY CODE, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. You agree Licensor warrants for a period of ninety (90) days after purchase that the Font Software is supplied without any warranty that software will perform substantially in accordance with the Font Software is free of all bugsdocumentation. Should the software not so perform, errorsyour exclusive remedy, and omissionsLicensor's sole obligation under this warranty shall be, at Licensor's sole discretion, correction of the defect or refund of the purchase price paid for the software. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER Any use by you of the software is at your own risk. This limited warranty is the only warranty provided by Licensor regarding the software. FOR CORRECTION OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT DEFECTIVE SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER A REFUND OF THE PRODUCT PURCHASE PRICE, RETURN THE ORIGINAL SOFTWARE AND THE SUPPLIERS A WRITTEN EXPLANATION OF THE FONT SOFTWARE OF DEFECT: IN CANADA, PCI GEOMATICS ENTERPRISES, INC., 00 XXXXXXXX XXXXXXX, XXXXX 000 XXXXXXX, XXXXXXX, XXXXXX, X0X 0X0. IN OTHER COUNTRIES, CONTACT THE POSSIBILITY OF SUCH DAMAGESPCI AUTHORIZED DEALER FROM WHOM YOU OBTAINED THIS SOFTWARE. You agree IF NO AUTHORIZED DEALER IS AVAILABLE, CONTACT PCI GEOMATICS ENTERPRISES, INC., 00 XXXXXXXX XXXXXXX, XXXXX 000 XXXXXXX, XXXXXXX, XXXXXX, X0X 0X0. Except for the limited warranty above, the software is provided "as is". To the maximum extent permitted by law, Licensor disclaims all other warranties of any kind, either expressed or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. Licensor does not warrant that your sole and exclusive remedy and the sole liability of functions contained in the provider of software will meet any requirements or needs you may have, or that the Product and software will operate error free, or in an uninterrupted fashion, or that any defects or errors in the supplier(s) of software will be corrected, or that the Font Software for defective Font Software is, upon return of the defective Font Software software is compatible with any particular platform. Licensor is not obligated to provide any updates to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Softwaresoftware. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation waiver or exclusion of if implied warranties where the product results in physical injury or deathwarranties. IF YOU HAVE NOT PURCHASED A PERMANENT SOFTWARE KEY CODE, so such limitations or exclusions may not apply to you. In those jurisdictionsTHIS SOFTWARE IS LICENCED FOR EVALUATION PURPOSES ONLY AND IS PROVIDED "AS IS" AND WE MAKE NO WARRANTIES, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000)EXPRESSED OR IMPLIED, provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth hereinAS TO THE MERCHANTABILITY, the Font Software is non-returnable and nonrefundableFITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON INFRINGEMENT OR OTHER WARRANTY, CONDITION, GUARANTY OR REPRESENTATION WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM.
Appears in 1 contract
Samples: Software License Agreement
Limited Warranty. Garisman Studio warrants to you that the Font Software will perform substantially in accordance with its documentation for the thirty (30) day period following delivery of the Font Software. To make a warranty claim, you must, within the thirty (30) day warranty period, contact Garisman Studio. The entire, exclusive and cumulative liability and remedy shall be that Garisman Studio will use reasonable efforts to cause the Font Software to conform to the documentation as soon as commercially practicable. If the Font Software does not perform substantially in accordance with its documentation, the entire, exclusive, and cumulative liability and remedy shall be limited to the refund of the license fee you paid to Garisman Studio to obtain delivery of the Font Software. GARISMAN STUDIO DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU AGREE THAT MAY OBTAIN BY USING THE FONT SOFTWARE IS SUPPLIED SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR MYFONTS' BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, XXXXXXXX STUDIO MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT XXXX XXXXXXXX STUDIO BE LIABLE TO YOU WITHOUT OR ANYONE ELSE (I) FOR ANY WARRANTIESCONSEQUENTIAL, EXPRESSED INCIDENTAL OR IMPLIEDSPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR ANY OTHER INDIRECTLOST SAVINGS, INCIDENTAL OR CONSEQUENTIAL EVEN IF XXXXXXXX STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY PUNITIVE OR SPECIAL DAMAGES, CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE XXXXXXXX STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software Some states or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some states or jurisdictions do not allow the exclusion exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this the Agreement are limited to ninety thirty (9030) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, death so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the Xxxxxxxx Studio’s liability of the supplier of the Font Software for such physical injury or death shall not exceed one hundred thousand dollars One Hundred Thousand Dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction. Other than as expressly set forth herein, the The Font Software is non-non- returnable and nonrefundable.
Appears in 1 contract
Samples: Software License Agreement
Limited Warranty. YOU AGREE THAT THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. You agree Altova warrants to the person or entity that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability first purchases a license for use of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software AED or ABE software pursuant to the provider terms of the Product, either and at the sole option of the provider of the Product this AEULA that (i) the replacement software will perform substantially in accordance with any accompanying documentation for a period of defective Font Software or ninety (90) days from the date of receipt, and (ii) the refund any support services provided by Altova shall be substantially as described in Section 3(b) of your licensee fee paid for such Font Softwarethis agreement. Some states and jurisdictions do not allow the exclusion or limitations on duration of incidental, consequential or special damagesan implied warranty, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations limitation may not apply to you. To the greatest extent permitted allowed by applicable law, any implied warranties not effectively excluded by this Agreement on the AED or ABE software, if any, are limited to ninety (90) days. Some jurisdictions do 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 AED or ABE software that does not permit meet Altova’s Limited Warranty and which is returned to Altova with a limitation copy of your receipt. This Limited Warranty is void if failure of the AED or exclusion ABE software has resulted from accident, abuse, misapplication, abnormal use, Trojan horse, virus, or any other malicious external code. Any replacement software will be warranted for the remainder of implied warranties where the product results in physical injury original warranty period or deaththirty (30) days, so such limitations or exclusions may whichever is longer. This limited warranty does not apply to youEvaluation Software. In those jurisdictionsTHE FOREGOING LIMITED WARRANTY AND REMEDIES STATE THE SOLE AND EXCLUSIVE REMEDIES FOR ALTOVA’S OR ITS SUPPLIERS’ BREACH OF WARRANTY. ALTOVA AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000)AND FOR ANY WARRANTY, provided that such jurisdictions permit a limitation of such liabilityCONDITION, 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. This warranty gives you specific legal rightsTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALTOVA AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, INFORMATIONAL CONTENT OR ACCURACY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. You may have other rights that vary from jurisdiction to jurisdictionTHIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. Other than as expressly set forth hereinYOU MAY HAVE OTHERS, the Font Software is non-returnable and nonrefundableWHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
Appears in 1 contract
Samples: License Agreement
Limited Warranty. YOU AGREE THAT The exclusive and limited warranty provided by ROSTI hereunder is that the Products will conform to those specifications provided by Xxxxx and accepted in writing by ROSTI for a period of six (6) months after delivery (the “Warranty”); provided, however, that the Warranty does not extend to any ordinary wear and tear the Products may experience, nor any damage or change to the Products caused by Buyer’s or Buyer’s customer’s modification or augmentation of the Products or where Buyer’s or Buyer’s customer’s integration of the Products into other components causes or contributes to any defect in the Products. The Warranty also only applies to the extent that any nonconforming Products have been properly handled, stored, used, installed, and/or maintained by Buyer or Buyer’s customers. OTHER THAN THE FONT SOFTWARE IS SUPPLIED WARRANTY, XXXXX MAKES NO WARRANTY WITH RESPECT TO YOU WITHOUT ANY THE PRODUCTS, AND THE BUYER HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, INCLUDING INCLUDING, WITHOUT LIMITATION ANY LIMITATION, THE WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITYPURPOSE. You agree Any Products made from Molds that have exceeded their productive life, as solely determined by XXXXX, are provided “AS IS”. XXXXX recommends that Buyer independently test the Products to determine suitability, durability, and performance for the intended use and of any materials used in the manufacture of the Products (and Buyer is not relying upon ROSTI to determine such suitability, durability, and performance). If any model or sample was shown to Buyer by ROSTI, such model or sample was used merely to illustrate the general type and quality of the Products and not to represent that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software Products would necessarily conform to the provider model or sample. If upon Xxxxx’s request XXXXX assists in submitting suggestions concerning design, construction, or composition of the Productmolded parts, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury ROSTI shall not exceed one hundred thousand dollars (U.S. $100,000), provided that be liable for any suggestions adopted by Buyer in whole or in part nor shall any such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction assistance or suggestion be deemed to jurisdiction. Other than as expressly set forth herein, modify or supplement the Font Software is non-returnable and nonrefundableWarranty.
Appears in 1 contract
Samples: Terms and Conditions
Limited Warranty. YOU AGREE THAT Seller's exclusive warranty for Products is that the Products will materially conform to Seller’s then current published documentation for a period of twelve months from the date of sale by Seller (or such other period specified in writing by Seller). Seller's exclusive warranty for Services is that the Services will be performed by qualified personnel according to the description of services to be performed. Products manufactured by Seller to Buyer’s designs are provided “as is” and Seller makes no conditions, warranties or representations of any kind with regard to such custom Products, including without limitation, any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose, title and non- infringement, all of which are, to the extent permissible by law, hereby expressly excluded. Seller provides any software or hardware manufactured or developed by a third party on an as-is basis, without warranty of any kind; Seller agrees to use use commercially reasonable efforts to transfer any license and warranties provided by such third party to Buyer if Buyer requests. EXCEPT FOR THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY WARRANTIESFOREGOING LIMITED WARRANTY, EXPRESSED SELLER MAKES NO OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, COMPATIBILITY OR MERCHANTABILITYINTEROPERABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND TITLE/NON-INFRINGEMENT. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SELLER OR ITS SUPPLIERS, INCLUDING AUTHORIZED REPRESENTATIVES WILL CREATE ANY WARRANTIES OR IN ANY WAY INCREASE THE SUPPLIER(S) SCOPE OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundableSELLER’S OBLIGATIONS HEREUNDER.
Appears in 1 contract
Samples: akoustis.com
Limited Warranty. YOU AGREE THAT If you discover physical defects in the media on which this SOFTWARE is distributed, or in the related manual, FMS, Inc. will replace the media or manual at no charge to you, provided you return the item(s) within 60 days after purchase. ALL IMPLIED WARRANTIES ON THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY WARRANTIES, EXPRESSED OR IMPLIEDMEDIA AND MANUAL, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITYARE LIMITED TO SIXTY (60) DAYS FROM THE DATE OF PURCHASE OF THIS PRODUCT. You agree that Although FMS, Inc. has tested this program and reviewed the Font Software documentation, FMS, Inc. makes no warranty or representation, either expressed or implied, with respect to this SOFTWARE, its quality, performance, merchantability, or fitness for a particular purpose. As a result, this SOFTWARE is supplied without any warranty that the Font Software is free of all bugs, errorslicensed "AS-IS", and omissionsyou are assuming the entire risk as to its quality and performance. YOU AGREE THAT IN NO EVENT WILL FMS, INC. BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE PROVIDER OF THE PRODUCT USE, OR INABILITY TO USE THIS SOFTWARE OR ITS SUPPLIERSDOCUMENTATION. THE WARRANTY AND REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWAREORAL OR WRITTEN, BE LIABLE TO YOU EXPRESSED OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font SoftwareIMPLIED. Some jurisdictions states do not allow the exclusion or limitations limitation of incidental, implied warrantees or liability for incidental or consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You ; you may also have other rights that vary from jurisdiction state to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundablestate.
Appears in 1 contract
Samples: FMS Software License Agreement
Limited Warranty. Garisman Studio warrants to you that the Font Software will perform substantially in accordance with its documentation for the thirty (30) day period following delivery of the Font Software. To make a warranty claim, you must, within the thirty (30) day warranty period, contact Xxxxxxxx Studio and provide sufficient information regarding your acquisition of the Font Software so as to enable Garisman Studio to verify the existence and date of the transaction. The entire, exclusive and cumulative liability and remedy shall be that Garisman Studio will use reasonable efforts to cause the Font Software to conform to the documentation as soon as commercially practicable. XXXXXXXX STUDIO CO DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU AGREE THAT MAY OBTAIN BY USING THE FONT SOFTWARE IS SUPPLIED SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR XXXXXXXX STUDIO’S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, XXXXXXXX STUDIO MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT XXXX XXXXXXXX STUDIO BE LIABLE TO YOU WITHOUT OR ANYONE ELSE (I) FOR ANY WARRANTIESCONSEQUENTIAL, EXPRESSED INCIDENTAL OR IMPLIEDSPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR ANY OTHER INDIRECTLOST SAVINGS, INCIDENTAL OR CONSEQUENTIAL EVEN IF XXXXXXXX STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY PUNITIVE OR SPECIAL DAMAGES, CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE XXXXXXXX STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software Some states or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some states or jurisdictions do not allow the exclusion exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this the Agreement are limited to ninety thirty (9030) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, death so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the Xxxxxxxx Studio’s liability of the supplier of the Font Software for such physical injury or death shall not exceed one hundred thousand dollars One Hundred Thousand Dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction. Other than as expressly set forth herein, the The Font Software is non-non- returnable and nonrefundable.
Appears in 1 contract
Samples: Software License Agreement
Limited Warranty. YOU AGREE ENDOCARTS MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN ITS LIMITED WARRANTY SET FORTH ON THE ENDOCARTS WEBSITE AT xxxx://xxxxxxxxxxxxxxxxxxxxxx.xxx/terms-conditions.pdf. ENDOCARTS HAS THE RIGHT TO MODIFY ITS LIMITED WARRANTY FROM TIME TO TIME IN ITS SOLE DISCRETION; HOWEVER, THE WARRANTY IN EXISTENCE ON THE DATE OF A PURCHASE ORDER WILL BE THE WARRANTY THAT APPLIES TO THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT PRODUCT ACQUIRED UNDER SUCH PURCHASE ORDER. ANY WARRANTIESSUCH MODIFIED LIMITED WARRANTY WILL BE SET FORTH ON THE ENDOCARTS WEBSITE. ENDOCARTS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESSED EXPRESS OR IMPLIED, INCLUDING STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION ANY LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AS WELL AS WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE, AND ENDOCARTS DOES NOT REPRESENT OR MERCHANTABILITYWARRANT THAT ANY PRODUCT WILL MEET BUYER’S REQUIREMENTS. You agree that the Font Software is supplied Endocarts will have no warranty obligation whatsoever with respect to any damage to a Product caused by or associated with: (i) external causes, including, without any warranty that the Font Software is free of all bugslimitation, errorsaccident, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERSvandalism, INCLUDING THE SUPPLIER(Snatural disaster, acts-of-God, power failure, or electric power surges; (ii) OF THE FONT SOFTWAREabuse, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITSmisuse, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider or neglect of the Product or use of unauthorized third party filters or other consumables and accessories or chemistries that have not been validated by Endocarts; (iii) usage not in accordance with Product instructions; (iv) failure to perform required preventive maintenance; or (v) servicing or repair not authorized by Endocarts. No representative or agent of Endocarts has any authority to bind Endocarts to any other representation or warranty with respect to the Products or Services and any oral or written statement concerning the Products inconsistent with the warranty set forth on the Endocarts website will be of no force or effect. Any Products returned due to a defect will be subject to the RMA. Replacement Products issued by Endocarts will be subject to the same warranty as the warranty for the original Product and the supplier(s) of the Font Software for defective Font Software issame limitations, upon return of the defective Font Software to the provider of the Product, either exceptions and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundableconditions will apply.
Appears in 1 contract
Samples: Terms and Conditions of Sale
Limited Warranty. YOU AGREE THAT BASLER warrants to CUSTOMER that the performance and functionality of the SOFTWARE purchased by CUSTOMER will in all material aspects comply with the Documentation for a period of twelve (12) months following receipt of the SOFTWARE, provided that the SOFTWARE is used on a recommended hardware configuration. The aforementioned warranty is extended for the period of the applicable statute of limitations in cases where a deviation of the SOFTWARE from the Documentation is caused by XXXXXX'x xxxxx negligence or willful misconduct. XXXXXX expressly excludes all liability for non-substantial variations of performance of the SOFTWARE from the Documentation, which do not affect the core functionalities of and the results achieved with the SOFTWARE. This warranty does not apply to updates, upgrades, pre-releases, or to SOFTWARE that has been altered by CUSTOMER, to the extent such alterations caused a defect. To make a warranty claim, CUSTOMER must return the SOFTWARE to the location where CUSTOMER obtained it along with proof of purchase within the period of time set forth above. If the SOFTWARE does not perform substantially in accordance with the Documentation, XXXXXX may, in its sole discretion repair or replace the SOFTWARE. EXCEPT FOR THIS EXPRESS LIMITED WARRANTY, AND TO THE FONT MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XXXXXX AND ITS SUPPLIERS PROVIDE THE SOFTWARE IS SUPPLIED TO YOU WITHOUT PRODUCT "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, ANY IMPLIED WARRANTIES, EXPRESSED DUTIES OR IMPLIEDCONDITIONS OF MERCHANTABILITY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugsPURPOSE, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL AND OF LACK OF VIRUSES ALL WITH REGARD TO THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font SoftwarePRODUCT. Some states/jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an the duration of implied warranty may lastwarranties, so the above limitations disclaimer may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results CUSTOMER in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundableits entirety.
Appears in 1 contract
Samples: User License Agreement
Limited Warranty. YOU AGREE THAT THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. You agree Dxxxxxxx represents and warrants that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S(a) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product it will perform Services in accordance with (i) the replacement terms of defective Font Software this Agreement including any timelines agreed upon by the Parties, and (ii) all applicable industry standards and all applicable laws, regulations, rules, published guidelines and, if applicable, generally accepted standards of good clinical practice and SOPs (collectively, the “Applicable Laws”); (b) Dxxxxxxx and Dxxxxxxx Personnel or any other person used by Dxxxxxxx to perform Services has not been(i) debarred, convicted, or is subject to a pending debarment or conviction, pursuant to the United States Food, Drug and Cosmetic Act, or (ii) listed by any government or regulatory 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) Danforth has the refund of your licensee fee paid full right to allow it to provide Company with the assignments and rights provided for such Font Softwareherein (and has written enforceable agreements with all persons necessary to give it the rights to do the foregoing) and otherwise fully perform this Agreement. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied Except for any express warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth stated herein, the Font Software 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 non-returnable not engaged to disclose illegal acts, including fraud or defalcations, which may have taken place. The foregoing notwithstanding, Dxxxxxxx will promptly notify the Company if Dxxxxxxx becomes aware of any 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 Company are in conformity with generally accepted accounting principles or any other standards or guidelines promulgated by the AICPA, or whether the underlying financial and nonrefundableother data provide a reasonable basis for the statements. Except as otherwise set forth in this section 10, neither party makes, and each party explicitly disclaims, all other representations or warranties.
Appears in 1 contract
Samples: Master Services Agreement (Aldeyra Therapeutics, Inc.)
Limited Warranty. YOU AGREE THAT THE FONT Enel X will provide the JuiceBox in material conformance with the JuiceBox description published at xxxxx://xxxxxxxxxx.xxxxx.xxx/privacy-policy and in accordance with the warranty terms published at xxxxx://xxxxxxx.xxxxxxxxxxx.xxx/hc/en- us/articles/360000548291-Limited-Warranty-United-States-. Enel X, at its sole expense and as your sole remedy, will use commercially reasonable efforts to correct anymaterial non-conformance within sixty (60) days after Enel X receives written notice from you that includes information sufficient to permit Enel X to diagnose and cure the non- conformance. For warranty service, contact us at or by calling at 844.584.2329. You acknowledge and agree that the JuiceBox, the JuiceNet Software, and the JuiceNet user interfaces are complex with a variety of dependencies, and as such, Enel X cannot guarantee that they will be provided without error or interruption. Enel X’s warranty obligations are expressly subject to: (a) the JuiceBox, JuiceNet Software and JuiceNet user interfaces being used in accordance with this Agreement, the applicable product and service descriptions, and any other instructions provided by Enel X; and (b) you providing written notice to Enel X of any alleged breach of warranty promptly after you become aware of it. OTHER THAN AS EXPRESSLY SET FORTH IN THIS SECTION 7, JUICEBOX, JUICENET SOFTWARE IS SUPPLIED AND JUICENET USER INTERFACES ARE PROVIDED “AS IS” AND AS AVAILABLE, AND ENEL X AND ITS SUPPLIERS AND LICENSORS MAKES NO AND HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO YOU WITHOUT ANY WARRANTIESJUICEBOX, EXPRESSED JUICENET SOFTWARE OR IMPLIEDJUICENET USER INTERFACES, INCLUDING WITHOUT LIMITATION LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR MERCHANTABILITY. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL ARISING FROM THE PROVIDER COURSE OF DEALING BETWEEN THE PRODUCT PARTIES OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) USAGE OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATATRADE, OR ANY OTHER INDIRECTWARRANTY OF NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, INCIDENTAL OR CONSEQUENTIAL DAMAGESIN EACH CASE, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED TO THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundableFULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Appears in 1 contract
Samples: Participation Agreement
Limited Warranty. YOU AGREE THAT HiruMed warrants (a) that the Software will, for a period of sixty (60) days from the date of delivery, perform substantially in accordance with HiruMed’s written materials accompanying it, and (b) that any ‘Support Services’ provided by HiruMed shall be substantially as described in applicable written materials provided to you by HiruMed. TO THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES, EXPRESSED CONDITIONS, REPRESENTATIONS AND INDEMNITIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, SATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES AND CONDITIONS AGAINST HIDDEN DEFECTS) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED, WITH REGARD TO THE SOFTWARE AND THE PROVISION OF OR MERCHANTABILITYFAILURE TO PROVIDE THE SUPPORT SERVICES. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissionsTHE LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERSMAY HAVE OTHERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE WHICH VARY FROM STATE/JURISDICTION TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font SoftwareSTATE/JURISDICTION. Some states and jurisdictions do not allow the exclusion disclaimers of or limitations on the duration of incidental, consequential or special damagesan implied warranty, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations limitation may not apply to you. To the greatest extent permitted implied warranties may not be entirely disclaimed but implied warranty limitations are allowed by applicable law, any implied warranties not effectively excluded by this Agreement on the Software - if any - are limited to ninety sixty (9060) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundable.
Appears in 1 contract
Samples: Important Please
Limited Warranty. YOU AGREE THAT The Vendor warrants that the Software will perform substantially according to the accompanying Documentation for ninety (90) days from the date of purchase of the Software (the "Warranty"). The Vendor's entire liability under the Warranty and your exclusive remedy shall be, at the Vendor's option, either (a) return of the price paid, or (2) repair or replacement of the Software that does not meet the Vendor's limited Warranty and which is returned to the Vendor with proof of purchase within ninety (90) days from the date of purchase of the Software. This limited Warranty is void if failure of the Software resulted from accident, abuse, or misapplication. Any replacement of the Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. EXCEPT AS SET OUT ABOVE, THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY WARRANTIESPROVIDED ON AN "AS IS" BASIS, EXPRESSED AND THE VENDOR DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT OR MERCHANTABILITY. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL COMPATIBILITY WITH RESPECT TO THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATAITS CONTENT AND ITS ACCOMPANYING DOCUMENTATION, OR ANY OTHER INDIRECTTHAT THE SOFTWARE AND ITS CONTENT IS UP-TO-DATE, INCIDENTAL ERROR FREE, THAT ALL ERRORS CAN OR CONSEQUENTIAL DAMAGESWILL BE CORRECTED, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THAT IT WILL APPEAR PRECISELY AS DESCRIBED IN THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font SoftwareDOCUMENTATION. Some jurisdictions do not allow the exclusion or limitations on duration of incidental, consequential or special damagesan implied warranty, so the above exclusion limitation may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, and you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other legal rights that vary from jurisdiction to by jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundable.
Appears in 1 contract
Samples: Software Program License Agreement
Limited Warranty. YOU AGREE THAT If you discover physical defects in the media on which this SOFTWARE is distributed, or in the related manual, FMS, Inc. will replace the media or manual at no charge to you, provided you return the item(s) within 60 days after purchase. ALL IMPLIED WARRANTIES ON THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY WARRANTIES, EXPRESSED OR IMPLIEDMEDIA AND MANUAL, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITYARE LIMITED TO SIXTY (60) DAYS FROM THE DATE OF PURCHASE OF THIS PRODUCT. You agree that Although FMS, Inc. has tested this program and reviewed the Font Software documentation, FMS, Inc. makes no warranty or representation, either expressed or implied, with respect to this SOFTWARE, its quality, performance, merchantability, or fitness for a particular purpose. As a result, this SOFTWARE is supplied without any warranty that the Font Software is free of all bugs, errorslicensed "AS-IS", and omissionsyou are assuming the entire risk as to its quality and performance. YOU AGREE THAT IN NO EVENT WILL FMS, INC. BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE PROVIDER OF THE PRODUCT USE, OR INABILITY TO USE THIS SOFTWARE OR ITS SUPPLIERSDOCUMENTATION. THE WARRANTY AND REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWAREORAL OR WRITTEN, BE LIABLE TO YOU EXPRESSED OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font SoftwareIMPLIED. Some jurisdictions states do not allow the exclusion or limitations limitation of incidental, implied warrantees or liability for incidental or consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You , you may also have other rights that vary from jurisdiction state to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundablestate.
Appears in 1 contract
Samples: origin2.cdn.componentsource.com
Limited Warranty. YOU AGREE THAT The Vendor warrants that the Software will perform substantially according to the accompanying Documentation for ninety (90) days from the date of purchase of the Software (the "Warranty"). The Vendor's entire liability under the Warranty and your exclusive remedy shall be, at the Vendor's option, either (a) return of the price paid, or (2) repair or replacement of the Software that does not meet the Vendor's limited Warranty and which is returned to the Vendor with proof of purchase within ninety (90) days from the date of purchase of the Software. This limited Warranty is void if failure of the Software resulted from accident, abuse, or misapplication. Any replacement of the Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. EXCEPT AS SET OUT ABOVE, THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY WARRANTIESPROVIDED ON AN "AS IS" BASIS, EXPRESSED AND THE VENDOR DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT OR MERCHANTABILITY. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL COMPATIBILITY WITH RESPECT TO THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATAITS CONTENT AND ITS ACCOMPANYING DOCUMENTATION, OR ANY OTHER INDIRECTTHAT THE SOFTWARE AND ITS CONTENT IS UP-TO-DATE, INCIDENTAL ERROR FREE, THAT ALL ERRORS CAN OR CONSEQUENTIAL DAMAGESWILL BE CORRECTED, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THAT IT WILL APPEAR PRECISELY AS DESCRIBED IN THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font SoftwareDOCUMENTATION. Some jurisdictions do not no allow the exclusion or limitations on duration of incidental, consequential or special damagesan implied warranty, so the above exclusion limitation may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, and you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other legal rights that vary from jurisdiction to by jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundable.
Appears in 1 contract
Samples: Software Program License Agreement
Limited Warranty. YOU AGREE THAT QSM warrants to You that, for a period of 90 days from the date of original receipt, (I) the Software will not, under normal use and service, deviate materially from the applicable specifications contained in the Related Materials, and (ii) the Related Materials will be free from defect in materials and workmanship. If any such deviation appears during such 90 day period in the Products, QSM will use commercially reasonable efforts to correct such deviation in a manner consistent with the support services that QSM provides for the Products. If, despite such commercially reasonable efforts QSM is unable to correct such deviation, such items may be returned to QSM for replacement, without charge. With regard to material defects in the Related Materials, such items may be returned to QSM for replacement, without charge. This warranty does not cover defects arising from modifications or misuse of the Products. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE FONT SOFTWARE IS SUPPLIED AND RELATED MATERIALS ARE PROVIDED “AS IS” AND NO OTHER WARRANTIES ARE PROVIDED BY QSM WITH RESPECT TO YOU WITHOUT ANY WARRANTIESTHE PRODUCTS WHETHER EXPRESS, EXPRESSED OR IMPLIED, INCLUDING OR STATUTORY, INCLUDING, WITHOUT LIMITATION LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, INTEGRATION, PERFORMANCE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITYANY IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugsEXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, errorsQSM MAKES NO WARRANTY THAT ANY LICENSED MATERIALS WILL OPERATE ERROR-FREE, and omissionsFREE OF ANY SECURITY DEFECTS OR IN AN UNINTERRUPTED MANNER, THAT THE SOFTWARE WILL OPERATE IN COMBINATION WITH OTHER THIRD PARTY SOFTWARE OR HARDWARE SELECTED BY YOU OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. NO ADVICE OR INFORMATION PROVIDED BY QSM WILL CREATE A WARRANTY. YOU AGREE THAT IN NO EVENT WILL ASSUME TOTAL RESPONSIBILITY FOR ANY AND ALL RISK ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU SOFTWARE OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundableRELATED MATERIALS.
Appears in 1 contract
Samples: Hosted Software License Agreement
Limited Warranty. Mapsoft warrants to you that the Software will perform substantially in accordance with the Documentation for the ninety (90) day period following your receipt of the Software. To make a warranty claim, you must return the Software to the location where you obtained it along with a copy of your sales receipt within such ninety (90) day period. If the Software does not perform substantially in accordance with the Documentation, the entire and exclusive liability and remedy shall be limited to either, at Mapsoft's option, the replacement of the Software or the refund of the license fee you paid for the Software. MAPSOFT AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU AGREE THAT MAY OBTAIN BY USING THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY OR DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR MAPSOFT'S OR ITS SUPPLIERS' BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, MAPSOFT AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A ANY PARTICULAR PURPOSE OR MERCHANTABILITYPURPOSE. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT MAPSOFT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, SUPPLIERS BE LIABLE TO YOU OR FOR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECTCONSEQUENTIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE AN MAPSOFT REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font SoftwareOR FOR ANY CLAIM BY ANY THIRD PARTY. Some jurisdictions do not allow the exclusion or limitations limitation of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by lawpermissible, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that which vary from state to state or jurisdiction to jurisdiction. Other than as expressly set forth hereinFor further warranty information, the Font Software is non-returnable and nonrefundableplease contact Mapsoft’s Customer Support Department.
Appears in 1 contract
Samples: License Agreement
Limited Warranty. YOU AGREE THAT You are permitted to use the software for the period of time indicated during the start-up process, without registering it. You expressly acknowledge and agree that use of the Software is at your sole risk. Saberis does not warrant or make any representations regarding the use or the results of the use of the Software or related documentation in terms of their correctness, accuracy, reliability or otherwise. No oral or written information or advice given by Saberis or any Saberis representative shall create a warranty, or in any way increase the scope of this warranty. THE FONT SOFTWARE IS SUPPLIED TO YOU AND RELATED MATERIAL ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY WARRANTIES, EXPRESSED OR IMPLIEDKIND, INCLUDING WITHOUT LIMITATION ANY BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. Saberis DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR MERCHANTABILITYTHAT ITS OPERATION WILL BE ERROR FREE. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, SHALL Saberis BE LIABLE TO YOU OR TO ANY OTHER THIRD PARTY FOR LOST PROFITSANY DIRECT, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR FOR ANY PUNITIVE OR SPECIAL DAMAGESNOT, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE ADVISED OF THE POSSIBILITY THEREOF. THIS LIMITATION AND EXCLUSION APPLIES IRRESPECTIVE OF SUCH DAMAGESTHE CAUSE OF ACTION, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH. Saberis is not responsible for problems which may occur as a result of any incompatibility between the Software and any other software or hardware. You agree that your sole and exclusive remedy and assume responsibility for the sole liability selection of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Productachieve your intended purposes, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund for making backups of your licensee fee paid data regularly, and for such Font Softwarechoosing, maintaining and matching your hardware, operating system software and other applications software. Some jurisdictions do We cannot allow guarantee you uninterrupted service or the exclusion or limitations correction of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundableerrors.
Appears in 1 contract
Samples: Software License Agreement
Limited Warranty. YOU AGREE THAT If you discover physical defects in the media, Alazar Technologies, Inc. will replace the media or documentation at no charge to you, provided you return the item to be replaced with proof of payment to Alazar Technologies, Inc. during the 90-day period after having taken delivery of the software. Alazar Technologies, Inc. excludes any and all implied warranties, including warranties of merchantability and fitness for a particular purpose and limits your remedy to return the software and documentation to Alazar Technologies, Inc. for replacement. Although Alazar Technologies, Inc. has tested the software and reviewed the documentation, ALAZAR TECHNOLOGIES, INC. MAKES NO WARRANTY OF REPRESENTATION, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THIS SOFTWARE OR DOCUMENTATION, ITS QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. AS A RESULT, THIS SOFTWARE AND DOCUMENTATION IS LICENSED “as is” AND YOU, THE FONT LICENSEE, ARE ASSUMING THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE. IN NO EVENT WILL ALAZAR TECHNOLOGIES, INC. BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY WARRANTIESOR DOCUMENTATION, even if advised of the possibility of such damages. In particular, Alazar Technologies, Inc. shall have no liability for any data acquired, stored or processed with this software, including the costs of recovering such data. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESSED OR IMPLIED. No Alazar Technologies, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITYInc. dealer, agent or employee is authorized to make any modifications or additions to this warranty. You agree that Information in this document is subject to change without notice and does not represent a commitment on the Font Software part of Alazar Technologies, Inc. The software described in this document is supplied without any warranty that furnished under this license agreement. The software may be used or copied only in accordance with the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability terms of the provider agreement. It is against the law to copy the software on any medium except as specifically allowed in the license agreement. No part of this manual may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying and recording, for any purpose without the Product and the supplier(s) written permission of the Font Software for defective Font Software isAlazar Technologies, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Software. Inc. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may lastliability for incidental or consequential damages, so the above limitations limitation or exclusion may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You , and you may also have other rights that rights, which vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundable.Contents
Appears in 1 contract
Samples: S Guide
Limited Warranty. YOU AGREE THAT THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY WARRANTIESIf Customer obtained the Software directly from SimiGon, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. You agree then SimiGon warrants that for a period of ninety (90) day s from the Font date of shipment from SimiGon: (i) the media on which the Software is supplied without any warranty that the Font Software is furnished will be free of all bugs, errors, defects in materials and omissionsworkmanship under normal use; and (ii) the Software will substantially conform to its published specifications. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGESThis limited warranty extends only to Customer as the original licensee. You agree that your Customer's sole and exclusive remedy and the sole entire liability of the provider SimiGon and its suppliers under this limited warranty will be, at SimiGon or its service center's option, repair, replacement, or refund of the Product Software if reported (or, upon request, returned) to SimiGon or its designee. Except as expressly granted in this Agreement, the Software is provided AS IS. SimiGon 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 SimiGon does not receive a license fee, (b) has been altered, except by SimiGon, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by SimiGon, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in ultra- hazardous activities. If Customer obtained the Software from a SimiGon distributor, the terms of any warranty shall be as provided by such distributor, and SimiGon provides Customer no warranty with respect to such Software. Except as specified in this warranty, all express or implied conditions, representations, and warranties including, without limitation, any implied warranty or condition of merchantability, fitness for a particular purpose, non-infringement, satisfactory quality or arising from a course of dealing, usage, or trade practice, are hereby excluded to the supplier(s) extent allowed by applicable law. In no event will SimiGon or its suppliers be liable for any lost revenue, profit, or data, or for special, indirect, consequential, incidental, or punitive damages however caused and regardless of the Font Software for defective Font Software is, upon return theory of liability arising out of the defective Font Software use of or inability to use the provider software even if SimiGon or its suppliers have been advised of the Productpossibility of such damages. In no event shall SimiGon's or its suppliers' liability to Customer, either and at whether in contract, tort (including negligence), or otherwise, exceed the sole option price paid by Customer. The foregoing limitations shall apply even if the above-stated warranty fails of the provider of the Product (i) the replacement of defective Font Software its essential purpose. Because some states or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the limitation or exclusion or limitations of incidental, consequential or special incidental damages, so the above exclusion limitation may not apply to you. AlsoCustomer Records. Customer grants to SimiGon and its independent accountants the right to examine Customer's books, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply records and accounts during Customer's normal business hours to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by verify compliance with this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to youAgreement. In those jurisdictions, you agree that the liability of the supplier of the Font Software for event such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is audit discloses non-returnable and nonrefundablecompliance with this Agreement, Customer shall promptly pay to SimiGon the appropriate licensee fees.
Appears in 1 contract
Samples: Software License Agreement
Limited Warranty. YOU AGREE CALAMP WILL HAVE NO LIABILITY FOR ANY REDUCTION, INTERRUPTION, TERMINATION OR SUSPENSION OF THE SERVICE RELATED TO ANY ISSUES DEEMED BY CALAMP TO BE OUTSIDE CALAMPS SPAN OF CONTROL. CALAMP WILL NOT BE LIABLE TO CUSTOMER OR ANY USER FOR ANY DATA DELETED OR NOT DELIVERED, REGARDLESS OF THE REASON FOR DELETION OR NONDELIVERY INCLUDING, WITHOUT LIMITATION, DATA PROCESSING AND TRANSMISSION ERRORS. CALAMP MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE QUALITY, RELIABILITY, TIMELINESS OR SECURITY OF THE SERVICE OR THAT THE FONT SOFTWARE SERVICE SHALL OPERATE ERROR- FREE, UNINTERRUPTED OR FREE FROM UNAUTHORIZED ACCESS. THE SERVICE IS SUPPLIED TO YOU WITHOUT ANY WARRANTIESPROVIDED “AS IS AND WITH ALL FAULTS”. CALAMP HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESSED WHETHER EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING WITHOUT LIMITATION ANY BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE OR MERCHANTABILITYPURPOSE. You agree that the Font Software is supplied without If applicable law requires any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software implied warranties with respect to the provider of Service, all such warranties are limited in duration to ninety (90) days from the Product, either and at date the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font SoftwareCalAmp iOn Hours™ application is first installed. Some states and/or jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may lastlasts, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundable.
Appears in 1 contract
Samples: End User License Agreement
Limited Warranty. YOU AGREE THAT THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. You agree Altova warrants to the person or entity that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability first purchases a license for use of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software AED or ABE software pursuant to the provider terms of the Product, either and at the sole option of the provider of the Product this AEULA that (i) the replacement software will perform substantially in accordance with any accompanying documentation for a period of defective Font Software or ninety (90) days from the date of receipt, and (ii) the refund any support services provided by Altova shall be substantially as described in Section 3(b) of your licensee fee paid for such Font Softwarethis agreement. Some states and jurisdictions do not allow the exclusion or limitations on duration of incidental, consequential or special damagesan implied warranty, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations limitation may not apply to you. To the greatest extent permitted allowed by applicable law, any implied warranties not effectively excluded by this Agreement on the AED or ABE software, if any, are limited to ninety (90) days. Some jurisdictions do 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 AED or ABE software that does not permit meet Xxxxxx’s Limited Warranty and which is returned to Altova with a limitation copy of your receipt. This Limited Warranty is void if failure of the AED or exclusion ABE software has resulted from accident, abuse, misapplication, abnormal use, Trojan horse, virus, or any other malicious external code. Any replacement software will be warranted for the remainder of implied warranties where the product results in physical injury original warranty period or deaththirty (30) days, so such limitations or exclusions may whichever is longer. This limited warranty does not apply to youEvaluation Software. In those jurisdictionsTHE FOREGOING LIMITED WARRANTY AND REMEDIES STATE THE SOLE AND EXCLUSIVE REMEDIES FOR ALTOVA’S OR ITS SUPPLIERS’ BREACH OF WARRANTY. ALTOVA AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000)AND FOR ANY WARRANTY, provided that such jurisdictions permit a limitation of such liabilityCONDITION, 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. This warranty gives you specific legal rightsTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALTOVA AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, INFORMATIONAL CONTENT OR ACCURACY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. You may have other rights that vary from jurisdiction to jurisdictionTHIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. Other than as expressly set forth hereinYOU MAY HAVE OTHERS, the Font Software is non-returnable and nonrefundableWHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
Appears in 1 contract
Samples: License Agreement
Limited Warranty. YOU AGREE THAT THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY WARRANTIESLicensor warrants, EXPRESSED OR IMPLIEDfor your benefit alone, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITYfor a period of 60 days (the “Warranty and Support Period”) from the date of delivery of the Software that during this period the Software shall operate substantially in accordance with the functionality described in the User's Manual. If during the Warranty and Support Period, a defect in the Software appears, Licensor will make all reasonable efforts to cure the defect, at no cost to you. You agree that the Font foregoing constitutes your sole and exclusive remedy for breach by Licensor of any warranties made under this Agreement. Licensor is not responsible for obsolescence of the Software is supplied without any that may result from changes in your requirements. Exclusion of Warranty. The above limited warranty that shall apply only to the Font most current version of the Software is free issued from time to time by Licensor. Licensor assumes no responsibility for the use of all bugssuperseded, errorsoutdated, and omissionsor uncorrected versions of the Software. YOU AGREE THAT THE ABOVE LIMITED WARRANTY WILL NOT APPLY IF: (i) THE PRODUCT IS NOT USED IN NO EVENT WILL ACCORDANCE WITH THIS AGREEMENT AND THE PROVIDER USER’S MANUAL, (ii) THE PRODUCT HAS BEEN MODIFIED BY ANY PERSON OTHER THAN LICENSOR, OR (iii) A MALFUNCTION IN THE PRODUCT HAS BEEN CAUSE BY ANY EQUIPMENT OR SOFTWARE NOT PROVIDED BY LICENSOR. Disclaimer of Warranty. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, THE PRODUCT, AND THE SOFTWARE CONTAINED THEREIN, ARE LICENSED "AS IS," AND LICENSOR DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE IN TRADE, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON- Software License Agreement | JPRO Commercial Vehicle Diagnostics (CVD) INFRINGEMENT, OR OTHERWISE, WITH RESPECT TO THE PRODUCT OR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR RECOMMENDED ACTIONS DISPLAYED THROUGH THE SOFTWARE. END USERS OF THE PRODUCT BEAR THE RISK OF USING THE PRODUCT AND THE SOFTWARE PROVIDED, AND BEAR THE RISK OF RELYING OR ITS SUPPLIERSNOT RELYING ON ANY DATA OR RECOMMENDATIONS PROVIDED THROUGH THE PRODUCT OR SOFTWARE. LICENSOR GIVES NO GUARANTEES OR WARRANTIES TO END USERS. LICENSOR MAKES NO WARRANTY, INCLUDING REPRESENTATION OR GUARANTEE AS TO THE SUPPLIER(S) PRODUCT’S USE OR PERFORMANCE AND DOES NOT WARRANT, REPRESENT OR GUARANTEE THAT THE OPERATION OF THE FONT PRODUCT WILL BE FAIL-SAFE, UNINTERRUPTED, OR FREE FROM ERRORS OR DEFECTS. Vehicle Inspection and Maintenance by Licensee/End User. THE PRODUCT IS NOT A SUBSTITUTE FOR CAREFUL INSPECTION AND MAINTENANCE OF LICENSEE’S VEHICLES BY PROPERLY TRAINED REPAIR TECHNICIANS OR MECHANICS. LICENSOR RECOMMENDS THAT ALL INFORMATION OR RECOMMENDED ACTIONS DISPLAYED THROUGH THE SOFTWARE BE INDEPENDENTLY VERIFIED AND AUTHENTICATED BY A CERTIFIED TECHNICIAN OR MECHANIC. AS THE OWNER AND/OR OPERATOR OF THE VEHICLES UTILIZING THE PRODUCT, LICENSEE AND ITS END USERS ARE RESPONSIBLE FOR EXERCISING THEIR OWN CARE, SKILL, ASSESSMENT AND JUDGMENT AS TO THE MECHANICAL CONDITION OF SUCH VEHICLES AND THE INTERPRETATION OF ANY INFORMATION OR RECOMMENDED ACTIONS DISPLAYED THROUGH THE SOFTWARE, BE LIABLE . LICENSEE HEREBY COVENANTS AND AGREES TO INFORM EACH OF ITS END USERS OF THEIR DUTY TO INSPECT AND MAINTAIN THE LICENSEE’S VEHICLES IN ACCORDANCE WITH THIS PROVISION. Limitation of Liability. LICENSOR'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PRODUCT SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEE PAID TO LICENSOR IN THE MONTH THAT SUCH CLAIM ACCRUED. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR FOR LOST PROFITS, LOST DATALOSS OF USE, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGESLOSS OF DATA, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software isSOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font SoftwareSO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundableTHE LIMITATIONS ON LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY TO YOUR BREACH OF YOUR CONFIDENTIALITY OBLIGATIONS OR YOUR BREACH OF THE LICENSES AND RESTRICTIONS SET FORTH IN THIS AGREEMENT.
Appears in 1 contract
Samples: Software License Agreement
Limited Warranty. YOU AGREE THAT THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY WARRANTIESIt is understood and agreed between the Parties that Xxxxxx shall not acquire title to or assume risk of loss for any of the Goods on behalf of Client, EXPRESSED OR IMPLIEDand shall not, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITYin the course of providing the Warehouse Services in accordance with these Terms or otherwise, acquire title to or assume risk of loss for, or be deemed to have acquired title to or assumed risk of loss for, the Goods whether on behalf of Client or otherwise. You agree Artico does not represent or warrant that the Font Software is supplied without warehouse, trailers at its premise, or the contents of the warehouse cannot be destroyed by fire or any warranty that the Font Software is free other cause of all bugsloss. Artico may, errorsbut will not be required to, maintain a watchperson or a sprinkler system, and omissionsClient acknowledges that Xxxxxx’s failure to do so will not constitute negligence under these Terms or otherwise. YOU AGREE THAT Goods are not insured by Xxxxxx for the benefit of Client against fire or other cause of loss. As such, Artico shall not be responsible or liable for any loss or damage to the Goods tendered, stored, or handled, however caused, unless such loss or damage resulted from the failure by Xxxxxx to exercise the level of care with regard to the Goods that a reasonably careful person would have exercised under the circumstances. Artico is not liable for damages which could not have been avoided by the exercise of such care. Artico shall not be liable for any breach of this Section unless Client gives written notice to Artico of any claim within thirty (30) days after release of the Goods by Xxxxxx. Artico will have thirty (30) business days to investigate any such claim. No lawsuit or other action may be maintained by Client against Artico for loss or damage to the Goods unless a timely written claim has been given by Client as provided in the previous sentence and unless such lawsuit or other action is commenced no later than two (2) months after the date of delivery of the Goods to Client or its nominee by Xxxxxx. Failure to assert a claim as described in this section shall constitute waiver by Client of such claim and shall be an absolute defense for Artico to such claim. IN NO EVENT WILL SHALL ARTICO’S LIABILITY UNDER THIS SECTION EXCEED (1) THE PROVIDER ACTUAL COST TO CLIENT OF REPLACING OR REPRODUCING THE DAMAGED GOODS, (2) THE FAIR MARKET VALUE OF THE PRODUCT OR ITS SUPPLIERSGOODS ON THE DATE CLIENT IS NOTIFIED OF LOSS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATADAMAGE, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGESDESTRUCTION, OR (3) TWO TIMES THE MONTHLY STORAGE CHARGE APPLICABLE TO SUCH LOST, DAMAGED, OR DESTROYED GOODS, WHICHEVER IS LESS. THE REMEDIES SET FORTH IN THIS SECTION SHALL BE CLIENT’S SOLE AND EXCLUSIVE REMEDY AND ARTICO’S ENTIRE LIABILITY FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER BREACH OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundableARTICO’S OBLIGATIONS SET FORTH IN THIS SECTION.
Appears in 1 contract
Samples: Warehousing Terms and Conditions
Limited Warranty. YOU AGREE THAT THE FONT EDUVERSE warrants that (a) the SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY WARRANTIESwill, EXPRESSED OR IMPLIEDfor a period of ninety (90) days from the date of your receipt, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errorsperform substantially in accordance with EDUVERSE's written materials accompanying it, and omissions(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. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERSTo the extent that implied warranties on the SOFTWARE are disclaimable, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Softwarethey are disclaimed hereinbelow. Some states and jurisdictions do not allow the exclusion disclaimers of or limitations on the duration of incidental, consequential or special damagesan implied warranty, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations limitation may not apply to you. To the greatest extent permitted implied warranties may not be entirely disclaimed but implied warranty limitations are allowed by applicable law, any implied warranties not effectively excluded by this Agreement on the SOFTWARE, if any, are limited to ninety (90) days. Some jurisdictions 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 permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to youmeet EDUVERSE's Limited Warranty. In those jurisdictions, you agree that the liability This Limited Warranty is void if failure of the supplier SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder, of the Font Software for such physical injury shall not exceed one hundred thousand dollars original warranty period or thirty (U.S. $100,000)30) days, provided that such jurisdictions permit a limitation of such liabilitywhichever is longer. This warranty gives you specific legal rightsNO OTHER WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EDUVERSE AND ITS SUPPLIERS DISCLAIM ALL, OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth hereinYOU MAY HAVE OTHERS, the Font Software is non-returnable and nonrefundableWHICH VARY FROM STATE/] URTSDICTION TO STATE/JURISDICTION.
Appears in 1 contract
Samples: Xin Net Corp
Limited Warranty. Simplified Software Development, L.L.C. warrants that the Subscription Product will perform substantially in accordance with the accompanying materials during the term of this XXXX; except for occasional service disruptions which may occur from time to time due to scheduled maintenance, Acts of God, or other unforeseen events beyond the control of the 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 above limitation may not apply to you. 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 Simplified Software Development, L.L.C. , YOU AGREE THAT THE FONT SOFTWARE IS SUPPLIED ARE NOT ENTITLED TO YOU WITHOUT ANY WARRANTIES, EXPRESSED OR IMPLIEDDAMAGES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE BUT NOT LIMITED TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGESif the Subscription Product does not meet Simplified Software Development, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software isL.L.C. 's Limited Warranty, upon return of the defective Font Software and, to the provider maximum extent allowed by applicable law, even if any remedy fails of the Productits essential purpose. The terms of Section 9 below ("Exclusion of Incidental, either Consequential and at the sole option of the provider of the Product (iCertain Other Damages") the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Softwareare also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitations limitation of incidental, incidental or consequential or special damages, so the above limitation or exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty Limited Warranty gives you specific legal rights. You may have other rights that others which vary from state/jurisdiction to state/jurisdiction. Other than as expressly set forth hereinYOUR EXCLUSIVE REMEDY. Simplified Software Development, L.L.C. 's, and its suppliers', entire liability and your exclusive remedy shall be, at Simplified Software Development, L.L.C. 's option from time to time exercised subject to applicable law, (a) return of the Font price paid (if any) for the Subscription Product, or (b) repair of the Subscription Product, or 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. You will receive the remedy elected by Simplified Software Development, L.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 nonvoid 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-returnable and nonrefundable0000.
Appears in 1 contract
Samples: End User License Agreement
Limited Warranty. YOU AGREE THAT THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY WARRANTIESBecause of uncertain or unknown conditions and incidental hazards under which the Software is used, EXPRESSED i-PRO Americas does not warrant or guarantee that any particular result will be achieved. i-PRO Americas disclaims all liability and responsibility for damages or other loss caused by any independent supplier/installer of the Software or other third-party. The sole and exclusive warranty provided by i-PRO Americas is that (1) the media on which the Software is furnished will be free of defects in materials and workmanship; and (2) the Software substantially conforms to its published specifications (the “Limited Warranty”). The Software is warranted only for its initial installation. This warranty shall survive inspection of, payment for and acceptance of the Software, but in any event, shall expire ninety (90) days after the date you receive the Software, unless prohibited by law. Any supplements or updates to the Software, including without limitation service packs (if any) 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. Except for the Limited Warranty as set forth herein, i-PRO Americas provides the Software and support services (if any) “AS IS” AND WITH ALL FAULTS. THERE ARE NO OTHER WARRANTIES (NOR REPRESENTATIONS) HEREUNDER OR ELSEWHERE MADE BY i-PRO Americas, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY AND ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugsPURPOSE, errorsOF GOOD AND WORKMANLIKE PERFORMANCE, and omissions. YOU AGREE THAT IN NO EVENT WILL ALL WITH REGARD TO THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT SOFTWARE AND THE SUPPLIERS PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, ARE DISCLAIMED BY i-PRO Americas AND EXCLUDED FROM THIS AGREEMENT. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGESSOFTWARE. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software isNO AFFIRMATION WHETHER BY WORDS OR ACTIONS BY i-PRO Americas, upon return of the defective Font Software to the provider of the ProductITS AGENTS, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundableEMPLOYEES OR REPRESENTATIVES SHALL CONSTITUTE A WARRANTY.
Appears in 1 contract
Samples: Software License Agreement
Limited Warranty. YOU AGREE THAT (a) Licensor warrants the following:
(i) Licensee’s use of the Content in accordance with this Agreement and in the form delivered by Licensor will not infringe on any copyright, moral right, trademark or other intellectual property right, and will not violate any right of privacy or right of publicity; and,
(ii) all necessary releases for use of the Content in the manner authorized under this Agreement, if applicable, have been obtained. Licensor does not grant any right nor make any warranty with regard to the use of names, people, trademarks, registered logos, designs or works depicted therein.
(b) While Licensor has made reasonable efforts regarding the accuracy of the Content, Licensor cannot and does not warrant the accuracy of such information. Further, Licensor cannot warrant any Content modified to suit a particular Licensee’s purpose. Additionally, Licensor does not warrant the accuracy of any metadata that may be provided with the Content.
(c) OTHER THAN AS EXPRESSLY PROVIDED IN THIS SECTION, THE FONT SOFTWARE WEB-BASED APPLICATION(S) AND CONTENT THEREIN ARE/IS SUPPLIED TO YOU PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY WARRANTIESKIND, EXPRESSED EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugsINCLUDING, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL BUT NOT LIMITED TO THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(SIMPLIED REPRESENTATIONS,
(d) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Software. Some Certain jurisdictions do not allow disallow the exclusion or limitations of incidental, consequential or special damagesimplied warranties, so the above exclusion exclusions in this section may not apply to youLicensee. Also, some jurisdictions do not allow In the exclusion of implied warranties event the warranty above or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted liability herein are found unenforceable by a court of law, any implied warranties not effectively excluded by the remainder of this Agreement are limited to ninety (90) daysshall remain severable and in full effect. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundable.SECTION 6:
Appears in 1 contract
Samples: End User License Agreement
Limited Warranty. YOU AGREE THAT THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY WARRANTIESXtremesoft, EXPRESSED OR IMPLIEDInc. warrants that the Software, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITYis warranted for a period of 30 days from the date of purchase (the "Warranty Period"). However, if the Software is provided to you for free trial and evaluation, it is provided 'as is' and contains no warranty. Xtremesoft, Inc., may, at its sole option, choose to provide technical support to you during any free trial and evaluation period. If during the Warranty Period, a defect in the Software appears, you may return the Software to Xtremesoft, Inc. for either replacement or, if so elected by Xtremesoft, Inc., refund of amounts paid by you under this Agreement. You agree that the Font foregoing constitutes your sole and exclusive remedy for breach by Xtremesoft, Inc. of any warranties made under this Agreement. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE SOFTWARE IS LICENSED "AS IS," AND XTREMESOFT, INC. DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Additional Warranty Limitation. Xtremesoft, Inc. makes no guarantees or warranties about the ability of the Software is supplied without to perform with your specific application. Limitation on Xtremesoft, Inc. Liability. Xtremesoft, Inc.'s entire liability and your entire remedy under this License Agreement shall be limited to not more than the license fees paid by you. In no event shall Xtremesoft, Inc. be liable for any warranty that indirect, incidental, consequential, special, or exemplary damages or lost profits, even if Xtremesoft, Inc. has been advised of the Font Software is free possibility of all bugs, errors, and omissionssuch damages. YOU AGREE THAT IN NO EVENT WILL SOME STATES DO NOT ALLOW THE PROVIDER LIMITATION OR EXCLUSION OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY LIABILITY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundableEXCLUSION MAY NOT APPLY TO YOU.
Appears in 1 contract
Samples: www.xtremesoft.com
Limited Warranty. YOU AGREE THAT THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY WARRANTIES(a) Company hereby warrants to Subscriber alone only that all of the material installed is agreed to be specified and is in accordance with the 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, EXPRESSED OR IMPLIEDAlarm Partners shall replace or repair any defective part without charge to the Subscriber. This warranty is not assignable. (b) If the Subscriber shall discover a defect in the products supplied under this Agreement, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR Subscriber should immediately contact Alarm Partners in writing and fully describe the nature of the defect so that repair service may be rendered. (c) Except as set forth in paragraph A PARTICULAR PURPOSE OR MERCHANTABILITYAlarm Partners makes no express warranties as to any matter whatsoever, including, without limitation, the condition of the equipment, its merchantability, or its fitness for any particular purpose; all other warranties are specifically excluded. You agree that (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 Font Software is supplied without Company and any warranty that other cause beyond the Font Software is free control of all bugs, errors, and omissionsthe Company. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, COMPANY SHALL NOT BE LIABLE TO YOU OR FOR ANY OTHER PARTY FOR LOST PROFITSGENERAL, LOST DATADIRECT, OR ANY OTHER INDIRECTSPECIAL, INCIDENTAL 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 or 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 FOR ANY PUNITIVE OR SPECIAL DAMAGESHEREIN, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree and that your sole and exclusive remedy and all implied warranties, if any coincide with the sole liability duration of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Softwarethis warranty. Some jurisdictions states do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may lastlasts or the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You rights and you may also have other rights that which may vary from jurisdiction state to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundablestate.
Appears in 1 contract
Samples: Installation and Service Agreement
Limited Warranty. Creatype warrants to you that the Font Software will perform substantially in accordance with its documentation for the thirty (30) day period following delivery of the Font Software. To make a warranty claim, you must, within the thirty (30) day warranty period contact Creatype and provide sufficient information regarding your acquisition of the Font Software so as to enable Creatype to verify the existence and date of the transaction. The entire, exclusive and cumulative liability and remedy shall be that Creatype will use reasonable efforts to cause the Font Software to conform to the documentation as soon as commercially practicable. CREATYPE DOES NOT WARRANT THEPERFORMANCE OR RESULTS YOU AGREE THAT MAY OBTAIN BY USING THE FONT SOFTWARE IS SUPPLIED SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR CREATYPE'S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, CREATYPE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL CREATYPE BE LIABLE TO YOU WITHOUT OR ANYONE ELSE (I) FOR ANY WARRANTIESCONSEQUENTIAL, EXPRESSED INCIDENTAL OR IMPLIEDSPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR ANY OTHER INDIRECTLOST SAVINGS, INCIDENTAL OR CONSEQUENTIAL EVEN IF CREATYPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY PUNITIVE OR SPECIAL DAMAGES, CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE CREATYPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software Some states or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some states or jurisdictions do not allow the exclusion exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this the Agreement are limited to ninety thirty (9030) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, death so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the Creatype’s liability of the supplier of the Font Software for such physical injury or death shall not exceed one hundred thousand dollars One Hundred Thousand Dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction. Other than as expressly set forth herein, the The Font Software is non-returnable and nonrefundable.
Appears in 1 contract
Samples: Software License Agreement
Limited Warranty. YOU AGREE THAT THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. You agree The Provider warrants to the Client that the Font Software Project as finally accepted by the Client will be free from defects in workmanship under normal use for a period of ninety (90) days from the date of completion of the final phase. The Client expressly acknowledges and agrees that use of the Project is supplied at the Client’s sole risk. The Provider does not warrant or make any representations with respect to the function, safety and suitability of software, code and other materials obtained from third parties. The Provider does not warrant or make any representations regarding the use or the results of the use of the Project or related documentation in terms of their correctness, accuracy, reliability or otherwise. No oral or written information or advice given by the Provider or one of its representatives will create a warranty or in any way increase the scope of this warranty. Except as specifically provided above, the Project and related material are provided "as is" without warranty or condition of any warranty kind, including but not limited to the implied warranties or conditions of merchantable quality and fitness for a particular purpose. The Provider does not warrant that the Font Software is free operation of all bugs, errors, and omissionsthe Project will be error free. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU THE CLIENT OR TO ANY OTHER THIRD PARTY FOR LOST PROFITSANY DIRECT, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR FOR ANY PUNITIVE OR SPECIAL DAMAGESNOT, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE ADVISED OF THE POSSIBILITY THEREOF. THIS LIMITATION AND EXCLUSION APPLIES IRRESPECTIVE OF SUCH DAMAGESTHE CAUSE OF ACTION, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR ANY OTHER LEGAL THEORY AND WILL SURVIVE A MATERIAL BREACH. You agree that your sole The Provider is not responsible for problems which may occur as a result of any incompatibility between the Project and exclusive remedy and any other software or hosting environment, nor for the sole liability performance of the provider Client’s or third party’s software not developed by the Provider. The Client assumes responsibility for the selection of the Product and Project to achieve the supplier(s) intended purposes, for making backups of data regularly, 7 released to provide additional functionality or patch security vulnerabilities. Any upgrade of the Font Software Content Management System or modules may incur additional charges. The Provider is also not responsible for defective Font Software is, upon return any exploits of the defective Font Software website that are due to poor security management by the provider Client or their website visitors, which includes weak passwords, insecure communication with visitors, containing website login information, or other security breaches of the Productwebsite by any 3rd party. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font SoftwareSO THE ABOVE EXCLUSION MAY NOT APPLY TO THE CLIENT. Some jurisdictions do not allow the exclusion or limitations of incidentalIN THAT EVENT, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) daysDAYS FROM THE DATE OF DELIVERY OF THE FINAL PROJECT. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or deathTHIS WARRANTY GIVES THE CLIENT SPECIFIC LEGAL RIGHTS, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundableAND THE CLIENT MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
Appears in 1 contract
Samples: Agreement
Limited Warranty. YOU AGREE THAT THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY WARRANTIESProducts manufactured by Xxxxx Electrical Specialists, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITYInc. (Xxxxx) are warranted to be free from defects in material and workmanship under normal use and service for a period of one (1) year from the date of manufacture. You agree that Xxxxx will refund the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return price of the defective Font Software product, repair or replace, at its option, products which prove to be defective within the provider 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 by any abuse, misuse or neglect of the Product, either and at products or by use not in accordance with the sole option Xxxxx published instructions. The remedies for any failure of the provider Byrne products to meet its warranty specified herein shall be those remedies stated herein and no other; these remedies being exclusive remedies as a condition of sale irrespective of the Product (i) the replacement theory upon which any claim might be based, including negligence, breach of defective Font Software contract or (ii) the refund strict liability. The determination whether a defect exists shall be made solely by Xxxxx. Except as provided in this paragraph, Xxxxx makes no warranty, express or implied, by operation of your licensee fee paid law or otherwise, including any warranty of merchantability or fitness for such Font Softwareany particular purpose. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury Xxxxx shall not exceed one hundred thousand dollars be liable on any claim for defective goods which is not made within thirty (U.S. $100,000), provided that 30) days after such jurisdictions permit a limitation of such liabilitygoods have been received by Xxxxx. This warranty gives you specific legal rightsdoes not cover any assemblies or parts not manufactured by Seller. You may have other rights that vary from jurisdiction to jurisdictionIF THE GOODS ARE MADE ACCORDING TO BUYER'S SPECIFICATION, SELLER DOES NOT WARRANT THE ADEQUACY OR APPROPRIATENESS OF SUCH SPECIFICATIONS, OR THAT THE GOODS, EITHER ALONE OR AS COMBINED WITH OR INTO OTHER PRODUCT, WILL SATISFY OR COMPLY WITH INDUSTRY OR GOVERNMENTAL CODES, STANDARDS, SPECIFICATIONS, REGULATIONS OR REQUIREMENTS. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundableALL RISK AND LIABILITY ASSOCIATED WITH ANY SUCH NONSATISFACTION OR NONCOMPLIANCE IS HEREBY EXPRESSLY ASSUMED BY BUYER.
Appears in 1 contract
Samples: www.youmakebyrne.com
Limited Warranty. Monotype warrants to you that the Font Software will perform substantially in accordance with its documentation for the ninety (90) day period following delivery of the Font Software. To make a warranty claim, you must, within the ninety (90) day warranty period, notify Monotype. The entire, exclusive and cumulative liability and remedy shall be that Monotype will use reasonable efforts to cause the Font Software to conform to the documentation as soon as commercially practicable. MONOTYPE DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU AGREE THAT MAY OBTAIN BY USING THE FONT SOFTWARE IS SUPPLIED SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR MONOTYPE'S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, MONOTYPE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO NON- INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL MONOTYPE BE LIABLE TO YOU WITHOUT OR ANYONE ELSE (I) FOR ANY WARRANTIESCONSEQUENTIAL, EXPRESSED INCIDENTAL OR IMPLIEDSPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR ANY OTHER INDIRECTLOST SAVINGS, INCIDENTAL OR CONSEQUENTIAL EVEN IF MONOTYPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY PUNITIVE OR SPECIAL DAMAGES, CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE MONOTYPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software Some states or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some states or jurisdictions do not allow the exclusion exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this the Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, death so that such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the Monotype’s liability of the supplier of the Font Software for such physical injury or death shall not exceed one hundred thousand dollars One Hundred Thousand Dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction. Other than as expressly set forth herein, the The Font Software is non-non- returnable and nonrefundable.
Appears in 1 contract
Samples: Software End User License Agreement
Limited Warranty. YOU AGREE THAT THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY WARRANTIESIf EJCDC has distributed this document on a compact disc, EXPRESSED OR IMPLIEDthen EJCDC warrants the CD on which this document is furnished to be free from 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. There is no other warranty of any kind, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugseither express or implied, errorsincluding, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software but not limited to the provider implied warranties of the Product, either merchantability and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid fitness for such Font Softwarea particular purpose. Some jurisdictions states do not allow the exclusion or limitations of incidental, consequential or special damagesimplied warranties, so the above exclusion may not apply to you. AlsoYou may also have other rights which vary from state to state. EJCDC does not warrant that the 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. Limitations of Remedies: EJCDC’s entire liability and your exclusive remedy shall be: the replacement of the CD (if any) distributed by EJCDC, some jurisdictions containing this document, provided such CD does not meet EJCDC's "Limited Warranty" and is returned to EJCDC’s selling agent with a copy of your receipt, or if EJCDC’s selling agent is unable to 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 suitability of this document to your purposes, and for the application and use of this document for contractual or project purposes. To the fullest extent permitted by 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. Some states do not allow the limitation or exclusion of implied warranties liability for incidental or limitations on how long an implied warranty may lastconsequential damages, so portions of the above limitations limitation or exclusion may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundable.
Appears in 1 contract
Samples: License Agreement
Limited Warranty. YOU AGREE THAT THE FONT SOFTWARE IS SUPPLIED (a) MapQuest warrants that the MapQuest Service shall function substantially as set forth in the Scope of Service. Licensee acknowledges that the services provided and databases used in the MapQuest Service are complex and may contain some non-conformities, defects or errors. MapQuest does not warrant that the services provided and databases used will meet Licensee's needs or expectations, that operations of the MapQuest Service will be error free or uninterrupted (which interruptions shall include periodic system maintenance and upgrades), or that all non-conformities or defects can or will be corrected. No oral or written advice or information provided by MapQuest or any of its agents or employees shall create a warranty or in any way increase the scope of this limited warranty and Licensee is not entitled to rely on any such advice or information. MapQuest warrants that the MapQuest Service licensed hereunder shall not abnormally end or produce invalid or incorrect results as a consequence of the turn of the century, and will under normal use operate on calendar dates falling on or after January 1, 2000, in the same manner, and with the same functionality, data integrity and performance as on or before December 31, 1999. Specifically excluded from this warranty are (i) Licensee's databases (including Licensee Data), operating system, hardware and any other Licensee software or hardware interfacing, connecting or operating with the MapQuest Service provided pursuant to this License Agreement, and (ii) all third party databases and software licensed by MapQuest or otherwise used in connection with the MapQuest Service. EXCEPT AS SET FORTH IN THIS SECTION, MAPQUEST MAKES NO WARRANTY OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION, AS TO YOU WITHOUT MERCHANTABILITY OR FITNESS FOR ANY WARRANTIESUSE OR PURPOSE, EXPRESSED FOR ANY OF ITS SERVICES OR IMPLIEDRIGHTS HEREUNDER, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITYWITH RESPECT TO THE MAPQUEST TECHNOLOGY. You agree that Notwithstanding the Font Software foregoing, MapQuest shall remedy any material non-conformities, defects or errors in the software within a reasonable amount of time under the circumstances. Excluded is supplied without any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software third-party data related to the provider MapQuest Technology. MapQuest's rights' under this agreement are subject to timely performance of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundableservice.
Appears in 1 contract
Limited Warranty. YOU AGREE THAT Xxxxxxxx warrants that this Software will substantially conform to the published specifications and will operate substantially in accordance with the written materials, provided that it is used on the computer hardware and with the operating system for which it was designed. Xxxxxxxx also warrants, for a period of 90 days from the date of delivery to you, as evidenced by a copy of your receipt or by the existence of your registration card in Xxxxxxxx customer records, that the program disks are free from defects in materials and workmanship. During the 90-day period, Xxxxxxxx will replace a defective program disk provided that you return it to Xxxxxxxx. EXCEPT FOR THE FONT SOFTWARE IS SUPPLIED FOREGOING, XXXXXXXX DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED WITH RESPECT TO YOU WITHOUT ANY WARRANTIES, EXPRESSED OR IMPLIEDTHIS SOFTWARE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITYPURPOSE. Xxxxxxxx does not warrant that this Software will meet your requirements or will operate in the combinations selected for use by you or that the operation of Software will be error-free. The entire risk as to results and performance of the Software is assumed by you. You are fully responsible for any Customer Software developed by you using the Software or any portion thereof. You agree that to indemnify and hold harmless Xxxxxxxx from any claims arising out of the Font Software is supplied without any warranty that use, sale, license or other transfer of the Font Software is free of all bugsCustomer Software. NEITHER XXXXXXXX NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER PRODUCTION OR DELIVERY OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, THIS SOFTWARE SHALL BE LIABLE TO YOU OR FOR ANY OTHER PARTY FOR LOST PROFITSDIRECT, LOST DATAINDIRECT, OR ANY OTHER INDIRECTSPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS OR FOR BENEFITS, RESULTING FROM THE USE OF THE SOFTWARE OR ARISING OUT OF ANY PUNITIVE OR SPECIAL DAMAGESBREACH OF ANY WARRANTY, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole ALL LIABILITY OF XXXXXXXX WITH RESPECT TO THE SOFTWARE SHALL BE LIMITED TO REPLACEMENT OF THE SOFTWARE OR REFUND OF THE PURCHASE PRICE. U.S. Government Rights This software was developed entirely with private funds, and exclusive remedy and the sole liability not as part of the provider performance of a contract with the Product and the supplier(s) of the Font Software for defective Font Software isU.S Government. The U. S. Government has no special rights with respect to use, upon return of the defective Font Software to the provider of the Productduplication or disclosure, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundableprovided for in this Agreement.
Appears in 1 contract
Samples: Keithley Software License Agreement
Limited Warranty. YOU AGREE THAT THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. You agree Altova warrants to the person or entity that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability first purchases a license for use of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software ADEE or XXXX software pursuant to the provider terms of the Product, either and at the sole option of the provider of the Product this AEULA that (i) the replacement software will perform substantially in accordance with any accompanying documentation for a period of defective Font Software or ninety (90) days from the date of receipt, and (ii) the refund any support services provided by Altova shall be substantially as described in Section 3(b) of your licensee fee paid for such Font Softwarethis AEULA. Some states and jurisdictions do not allow the exclusion or limitations on duration of incidental, consequential or special damagesan implied warranty, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations limitation may not apply to you. To the greatest extent permitted allowed by applicable law, any implied warranties not effectively excluded by this Agreement on the ADEE or XXXX software, if any, are limited to ninety (90) days. Some jurisdictions do 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 permit meet Altova’s Limited Warranty and which is returned to Altova with a limitation copy of your receipt. This Limited Warranty is void if failure of the ADEE or exclusion 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 warranted for the remainder of implied warranties where the product results in physical injury original warranty period or deaththirty (30) days, so such limitations or exclusions may whichever is longer. This limited warranty does not apply to youEvaluation Software. In those jurisdictionsTHE FOREGOING LIMITED WARRANTY AND REMEDIES STATE THE SOLE AND EXCLUSIVE REMEDIES FOR ALTOVA’S OR ITS SUPPLIERS’ BREACH OF WARRANTY. ALTOVA AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000)AND FOR ANY WARRANTY, provided that such jurisdictions permit a limitation of such liabilityCONDITION, 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. This warranty gives you specific legal rightsTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALTOVA AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, INFORMATIONAL CONTENT OR ACCURACY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. You may have other rights that vary from jurisdiction to jurisdictionTHIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. Other than as expressly set forth hereinYOU MAY HAVE OTHERS, the Font Software is non-returnable and nonrefundableWHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
Appears in 1 contract
Samples: origin2.cdn.componentsource.com
Limited Warranty. YOU AGREE THAT MZ does not warrant that the functions contained in the Licensed Product will meet Your requirements or that the operation of the Software will be uninterrupted or error-free. MZ does warrant that the media on which the Software is furnished will be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of delivery (“Warranty Period”). Your exclusive remedy under this limited warranty is the replacement of any defective physical media on which the Software is furnished, as provided herein. To receive a replacement for defective media under this limited warranty, return the defective media to MZ during the Warranty Period, with proof of purchase. EXCEPT AS PROVIDED ABOVE, THE FONT SOFTWARE LICENSED PRODUCT IS SUPPLIED TO YOU PROVIDED “AS IS, WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY WARRANTIESKIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, QUIET ENJOYMENT AND NONINFRINGEMENT. MZ DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOU REQUIREMENTS OR MERCHANTABILITY. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OPERATION OF THE PRODUCT SOFTWARE WILL BE UNINTERRUPTED OR ITS SUPPLIERSERROR FREE, INCLUDING OR THAT ERRORS WILL BE CORRECTED. FURTHERMORE, MZ DOES NOT WARRANT THE SUPPLIER(S) DATA GENERATED BY THE OPERATION OR USE OF THE FONT SOFTWARESOFTWARE OR THE ACCURACY, BE LIABLE CORRECTNESS, RELIABILITY OR OTHERWISE OF SUCH DATA. THE ENTIRE RISK AS TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER QUALITY AND PERFORMANCE OF THE LICENSED PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font SoftwareIS WITH YOU. Some jurisdictions states do not allow the exclusion or limitations of incidental, consequential or special damagesimplied warranties, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liabilityYou. This warranty gives you You specific legal rights. , and You may also have other rights that vary from jurisdiction state to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundablestate.
Appears in 1 contract
Samples: mcieaclassroom.oscarscore.com
Limited Warranty. CrossWind warrants to you that the Software will perform substantially in accordance with the supporting documentation for a period of ninety (90) days after initial delivery to you. You must report all defects, and, if requested by CrossWind, return or provide proof of destruction of the Software within such a period to be eligible for warranty service. If the Software fails to comply with this warranty, CrossWind, at its option and cost, will either provide workarounds or corrections required for any such errors, replace the Software or refund the license fee for the Software. CROSSWIND DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU AGREE THAT MAY OBTAIN BY USING THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY WARRANTIESAND SUPPORTING DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES CROSSWIND WILL PROVIDE FOR BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, EXPRESSED CROSSWIND MAKES NO WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A ANY PARTICULAR PURPOSE OR MERCHANTABILITY. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font SoftwarePURPOSE. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions states do not allow the exclusion of implied warranties or limitations on or how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent If such disclaimer is not permitted by law, the duration of any such implied warranties not effectively excluded by this Agreement are is limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply days after initial delivery to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary which varies from jurisdiction state to jurisdictionstate. Other than as expressly set forth hereinFor further warranty information, the Font Software is non-returnable and nonrefundableyou may contact CrossWind's customer support department at 00 Xxxxx Xxxxx Xxxx Xxxxxx, Suite 300, Los Gatos, CA 95030.
Appears in 1 contract
Samples: Information Technology Contract
Limited Warranty. YOU AGREE THAT Derma warrants and guarantees that: (i) upon delivery by Derma the Products will comply with all specifications provided by Derma relative to the Products and will be of comparable quality to all samples delivered to Merit; (ii) the Products will not be altered or misbranded; (iii) the Products do not and will not infringe upon or violate any patent, copyright, trademark, tradename or, without limitation, any other intellectual property rights belonging to others; (iv) all weights, measures, sizes, legends, or descriptions printed, stamped, attached or otherwise indicated by Derma with regard to the Products are true and correct; and (v) the Products are not knowingly in violation of any other laws, ordinances, statutes, rules, or regulations of the United States or any state or local government or any subdivision or agency thereof. Except as expressly stated in this Section 4.7 and except as may be expressly stated by Derma on the Product or on Derma's packaging or in Derma's information accompanying the Products at the time of shipment to Merit hereunder, DERMA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY WARRANTIESPRODUCTS, EXPRESSED EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. DERMA NEITHER ASSUMES NOR AUTHORIZES ANYONE TO ASSUME FOR IT ANY OBLIGATION OR MERCHANTABILITYLIABILITY IN CONNECTION WITH THE PRODUCTS. You agree Merit shall not make any representation or warranty with respect to the Products that is more extensive than, or inconsistent with, the Font Software limited warranty set forth in this Section 4.7 or that is supplied without any warranty that inconsistent with the Font Software is free policies or publications of all bugs, errors, and omissionsDerma relating to the Products. YOU AGREE THAT IN NO EVENT WILL MERIT'S EXCLUSIVE REMEDY FOR BREACH OF ANY WARRANTY HEREUNDER IS THE PROVIDER DELIVERY BY DERMA OF ADDITIONAL QUANTITIES OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) PRODUCTS IN REPLACEMENT OF THE FONT SOFTWARENON-CONFORMING PRODUCTS OR THE REFUND OF THE CONTRACT PRICE FOR THE PRODUCTS THAT ARE COVERED BY THE WARRANTY, BE LIABLE AT MERIT'S OPTION. DERMA SHALL HAVE NO OTHER OBLIGATION OR LIABILITY FOR DAMAGES TO YOU MERIT OR ANY OTHER PARTY FOR LOST PROFITSPERSON, LOST DATAINCLUDING, BUT NOT LIMITED TO, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR OTHER COMMERCIAL OR ECONOMIC LOSS, OR ANY OTHER INDIRECTLOSS, INCIDENTAL DAMAGE OR CONSEQUENTIAL DAMAGESEXPENSE, ARISING OUT OF OR FOR ANY PUNITIVE IN CONNECTION WITH THE SALE, USE, LOSS OF USE, NONPERFORMANCE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER REPLACEMENT OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundablePRODUCTS.
Appears in 1 contract
Limited Warranty. Simplified Software Development, L.L.C. warrants that the Subscription Product will perform substantially in accordance with the accompanying materials during the term of this XXXX; except for occasional service disruptions which may occur from time to time due to scheduled maintenance, Acts of God, or other unforeseen events beyond the control of the 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 above limitation may not apply to you. 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 Simplified Software Development, L.L.C. , YOU AGREE THAT THE FONT SOFTWARE IS SUPPLIED ARE NOT ENTITLED TO YOU WITHOUT ANY WARRANTIES, EXPRESSED OR IMPLIEDDAMAGES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE BUT NOT LIMITED TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGESif the Subscription Product does not meet Simplified Software Development, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software isL.L.C. 's Limited Warranty, upon return of the defective Font Software and, to the provider maximum extent allowed by applicable law, even if any remedy fails of the Productits essential purpose. The terms of Section 9 below ("Exclusion of Incidental, either Consequential and at the sole option of the provider of the Product (iCertain Other Damages") the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Softwareare also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitations limitation of incidental, incidental or consequential or special damages, so the above limitation or exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty Limited Warranty gives you specific youSubscription Productecific legal rights. You may have other rights that others which vary from state/jurisdiction to state/jurisdiction. Other than as expressly set forth hereinYOUR EXCLUSIVE REMEDY. Simplified Software Development, L.L.C. 's, and its suppliers', entire liability and your exclusive remedy shall be, at Simplified Software Development, L.L.C. 's option from time to time exercised subject to applicable law, (a) return of the Font price paid (if any) for the Subscription Product, or (b) repair of the Subscription Product, or 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. You will receive the remedy elected by Simplified Software Development, L.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 nonvoid 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-returnable and nonrefundable0000.
Appears in 1 contract
Samples: End User License Agreement
Limited Warranty. YOU AGREE THAT Questica warrants that so long as Product Maintenance and Support services are provided by Questica that the Software, when properly installed, will perform substantially in accordance with the Documentation provided in connection therewith. If the Software does not so perform during such period, Questica will correct, at no cost to City, programming errors in the Software to make the Software so perform provided that i) the Software has been properly used by the City in accordance with Documentation provided in connection therewith; ii) City notifies Questica of the programming errors and describes the nature of the suspected errors and of the circumstances in which they occur; iii) Questica, using reasonable efforts, is able to confirm the existence of the programming errors; and iv) City or any third party has not changed or modified the Software. City agrees that Questica shall not be liable to the City or any other person, regardless of the cause, for the effectiveness or accuracy of the Software, the Documentation or any other related materials, or for any other special, indirect, incidental or consequential damages arising from or occasioned by the use of the Software, the Documentation or the related materials, or the failure or omission on the part of Questica to comply with its obligations under this Agreement. The City hereby agrees that Questica’s maximum liability for any claim arising in connection with the Work or otherwise under this Agreement (whether in contract, tort, including negligence, product liability or otherwise) shall not exceed the total Fees paid by the City. THE FONT SOFTWARE ABOVE EXPRESS WARRANTY IS SUPPLIED TO YOU WITHOUT ANY WARRANTIES, EXPRESSED IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS (EXPRESS AND IMPLIED) AND THOSE ARISING BY STATUTE OR IMPLIEDOTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION ANY BUT NOT LIMITED TO WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. NO OTHER WARRANTIES OR MERCHANTABILITY. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT CONDITIONS EXPRESS OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundableIMPLIED ARE GIVEN.
Appears in 1 contract
Limited Warranty. YOU AGREE THAT ZeroEyes warrants to you that for a period of thirty (30) days from Delivery (the "Warranty Period") the Software shall operate in substantial conformity with the Documentation. ZeroEyes does not warrant that your use of the Software will be uninterrupted or error-free or that any security mechanisms implemented by the Software will not have inherent limitations. ZeroEyes' sole liability (and your exclusive remedy) for any breach of this warranty shall be, in ZeroEyes' sole discretion, to use commercially reasonable efforts to provide you with an error-correction or work-around which corrects the reported nonconformity, or if ZeroEyes determines such remedies to be impracticable within a reasonable period of time, to refund the license fee paid for the applicable Software. ZeroEyes shall have no obligation with respect to a warranty claim unless notified of such claim within the Warranty Period. The above warranty shall not apply: (a) if the Software is used with hardware or software not specified in the Documentation; (b) if any modifications are made to the Software by you or any third party; (c) to defects in the Software due to accident, abuse or improper use by you; (d) to any Software provided to you by a Reseller; or (e) to any evaluation version or other Software provided on a no charge or evaluation basis. THIS SECTION 6 IS A LIMITED WARRANTY AND, EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6, THE FONT SOFTWARE IS SUPPLIED TO YOU AND ALL SERVICES ARE PROVIDED "AS IS", "WHERE-IS" AND "AS-AVAILABLE" WITH ALL FAULTS AND WITHOUT ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF ANY KIND, AND ZEROEYES HEREBY EXPRESSLY DISCLAIMS ON BEHALF OF ITSELF AND ITS MEMBERS, STOCKHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD-PARTY SUPPLIERS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE "ZEROEYES PARTIES") ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ZEROEYES AND THE ZEROEYES PARTIES DO NOT GUARANTEE OR MERCHANTABILITYWARRANT THAT THE SOFTWARE WILL PREVENT, IDENTIFY OR NEUTRALIZE THREATS OR TRANSMIT ALERTS, AND YOUR USE OF THE SOFTWARE IS AT YOUR OWN RISK. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugsTHE SOFTWARE IS NOT INTENDED TO SERVE AS YOUR PRIMARY SECURITY SYSTEM AND IS NOT CERTIFIED FOR EMERGENCY RESPONSE. THE ALERTS PROVIDED BY THE SOFTWARE ARE FOR INFORMATIONAL PURPOSES ONLY AND ZEROEYES AND THE ZEROEYES PARTIES DO NOT MONITOR SUCH ALERTS OR DISPATCH EMERGENCY SERVICES IN RESPONSE TO SUCH ALERTS OR OTHERWISE. AS BETWEEN YOU AND ZEROEYES AND THE ZEROEYES PARTIES, errorsYOU ARE SOLELY RESPONSIBLE FOR (AND YOU HEREBY WAIVE, and omissionsRELEASE AND DISCHARGE ZEROEYES AND THE ZEROEYES PARTIES FROM ANY AND ALL LIABILITIES FOR) ANY AND ALL DAMAGES, LOSSES AND INJURIES ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM YOUR USE OF THE SOFTWARE, INCLUDING ANY AND ALL DECISIONS MADE BY YOU ON THE BASIS OF SUCH USE. YOU AGREE THAT IN NO EVENT WILL MAY HAVE OTHER STATUTORY RIGHTS; HOWEVER, TO THE PROVIDER FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundableWARRANTY PERIOD.
Appears in 1 contract
Samples: End User License Agreement
Limited Warranty. Creatype warrants to you that the Font Software will perform substantially in accordance with its documentation for the thirty (30) day period following delivery of the Font Software. To make a warranty claim, you must, within the thirty (30) day warranty period, contact Creatype. The entire, exclusive and cumulative liability and remedy shall be that Creatype will use reasonable efforts to cause the Font Software to conform to the documentation as soon as commercially practicable. If the Font Software does not perform substantially in accordance with its documentation, the entire, exclusive, and cumulative liability and remedy shall be limited to the refund of the license fee you paid to Creatype to obtain delivery of the Font Software. CREATYPE DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU AGREE THAT MAY OBTAIN BY USING THE FONT SOFTWARE IS SUPPLIED SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR MYFONTS' BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, CREATYPE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL CREATYPE BE LIABLE TO YOU WITHOUT OR ANYONE ELSE (I) FOR ANY WARRANTIESCONSEQUENTIAL, EXPRESSED INCIDENTAL OR IMPLIEDSPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR ANY OTHER INDIRECTLOST SAVINGS, INCIDENTAL OR CONSEQUENTIAL EVEN IF CREATYPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY PUNITIVE OR SPECIAL DAMAGES, CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE CREATYPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software Some states or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some states or jurisdictions do not allow the exclusion exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this the Agreement are limited to ninety thirty (9030) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, death so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the Creatype’s liability of the supplier of the Font Software for such physical injury or death shall not exceed one hundred thousand dollars One Hundred Thousand Dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction. Other than as expressly set forth herein, the The Font Software is non-returnable and nonrefundable.
Appears in 1 contract
Samples: Software License Agreement
Limited Warranty. YOU AGREE THAT Remedy- In case you purchased the software on a media, Clonetab Inc. warrants that the CD-ROMs on which the software is furnished shall, for a period of thirty (30) days from delivery (the “Warranty Period”) is free, 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 accident, abuse, or misapplication. If, during the Warranty Period, a defect in the CD-ROMs appears, you may return the CD- ROMs to Clonetab Inc, for repair, replacement or, if so elected by Clonetab Inc., refund of your purchase price. THE FONT SOFTWARE FOREGOING CONSTITUTES YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT. Clonetab Inc. does not warrant the completeness or accuracy of any information contained in its software, nor does it certify that use of the software will meet your needs, nor that its use will be uninterrupted or error free. EXCEPT FOR THE WARRANTY SET FORTH ABOVE, THE PRODUCT IS SUPPLIED TO YOU WITHOUT LICENSED “AS IS,” AND CLONETAB INC., DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITYPURPOSE, TITLE AND NONINFRINGEMENT. You agree that the Font Software No Clonetab Inc., dealer, distributor, agent or employee is supplied without authorized to make any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software modification or addition to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Softwareforegoing warranty. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions states do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or and exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you the specific legal rights. You , and you may also have other rights that rights, which vary from jurisdiction state to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundablestate.
Appears in 1 contract
Samples: Clonetab Software License Agreement
Limited Warranty. YOU AGREE THAT THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY EXCEPT AS PROVIDED HEREIN, SELLER EXPRESSLY EXCLUDES ALL WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES WARRNATIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITYPURPOSE. You agree that Seller makes no warranty as to the Font Software is supplied without any warranty that the Font Software is free of all bugsdesign, errorscapabilities, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability capacity or suitability of the provider goods, except that for a period of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion calendar days from the date of implied warranties where shipment of the product results in physical injury or deathgoods to Buyer, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree Seller warrants Buyer that the liability goods shall be free from defects in material and workmanship during normal use and service. Seller warrants only that the goods will conform to the applicable specifications therefor listed in Seller's catalogs and/or other applicable sales material: provided, however, 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 supplier 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 Font Software for such physical injury 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 exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liabilityin any way be enforceable. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is The remedies for non-returnable conforming goods provided in this Agreement shall be the exclusive and nonrefundablesole remedies of Buyer therefor, any 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. Buyer agrees to assume any liability for infringement of patent, copyright, or 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, without 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, however, 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. Buyers hereby indemnifies and saves Seller harmless from and against any and all other claims, liabilities 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: Terms of Agreement
Limited Warranty. YOU AGREE PresentationPoint warrants that it has right to grant a license as provided herein. PresentationPoint warrants that, for a period of ninety (90) days following the date of shipment by PresentationPoint, the software will perform, under normal use, substantially in accordance with the specification statement contained in the software documentation; provided that Licensee makes no change to the software. In the event the Software fails to perform in accordance with its documentation, Licensee’s sole remedy is to return the Product within said one year period for replacement or a refund of license fees paid, at PresentationPoint’s option. PresentationPoint warrants that all Product support services (“Services”) will be provided: (a) pursuant to PresentationPoint’s then-current software support policy,
(b) in a workmanlike manner, and (c) consistent with industry practice. XXXXXXXX AGREES THAT THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY WARRANTIESFOREGOING CONSTITUTES THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF WARRANTY UNDER THIS AGREEMENT. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, PRESENTATIONPOINT DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A ANY PARTICULAR PURPOSE OR MERCHANTABILITY. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATAPURPOSE, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF OTHERWISE WITH RESPECT TO THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGESSERVICES. You agree PresentationPoint does not warrant that your sole and exclusive remedy and the sole liability operation of the provider of the Product and the supplier(s) of the Font Software for defective Font Software iswill be uninterrupted or error free, upon return of the defective Font Software to the provider of the Productor warrant against damage caused by accident, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software abuse or (ii) the refund of your licensee fee paid for such Font Softwaremisapplication. Some jurisdictions countries do not allow the exclusion or limitations of incidental, consequential or special damageson implied warranties, so the above exclusion limitation may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You , and you may also have other rights that vary from jurisdiction country to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundablecountry.
Appears in 1 contract
Samples: presentationpoint.com
Limited Warranty. YOU AGREE THAT If you discover physical defects in the media, Alazar Technologies, Inc. will replace the media or documentation at no charge to you, provided you return the item to be replaced with proof of payment to Alazar Technologies, Inc. during the 90-day period after having taken delivery of the software. Alazar Technologies, Inc. excludes any and all implied warranties, including warranties of merchantability and fitness for a particular purpose and limits your remedy to return the software and documentation to Alazar Technologies, Inc. for replacement. Although Alazar Technologies, Inc. has tested the software and reviewed the documentation, ALAZAR TECHNOLOGIES, INC. MAKES NO WARRANTY OF REPRESENTATION, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THIS SOFTWARE OR DOCUMENTATION, ITS QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. AS A RESULT, THIS SOFTWARE AND DOCUMENTATION IS LICENSED “as is” AND YOU, THE FONT LICENSEE, ARE ASSUMING THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE. IN NO EVENT WILL ALAZAR TECHNOLOGIES, INC. BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY WARRANTIESOR DOCUMENTATION, even if advised of the possibility of such damages. In particular, Alazar Technologies, Inc. shall have no liability for any data acquired, stored or processed with this software, including the costs of recovering such data. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESSED OR IMPLIED. No Alazar Technologies, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITYInc. dealer, agent or employee is authorized to make any modifications or additions to this warranty. You agree that Information in this document is subject to change without notice and does not represent a commitment on the Font Software part of Alazar Technologies, Inc. The software described in this document is supplied without any warranty that furnished under this license agreement. The software may be used or copied only in accordance with the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability terms of the provider agreement. It is against the law to copy the software on any medium except as specifically allowed in the license agreement. No part of this manual may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying and recording, for any purpose without the Product and the supplier(s) written permission of the Font Software for defective Font Software isAlazar Technologies, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Software. Inc. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may lastliability for incidental or consequential damages, so the above limitations limitation or exclusion may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You , and you may also have other rights that rights, which vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundable.Contents 1 Introduction 1
Appears in 1 contract
Samples: www.alazartech.com.cn
Limited Warranty. YOU AGREE Manufacturer warrants to Distributor that the Products in each shipment (a) shall have been produced in accordance with QSR and/or cGMP; (b) shall conform to the Specifications and the accompanying Certificate of Analysis on the date that the shipment is delivered to Distributor; and (c) shall not be adulterated or misbranded and shall comply with the applicable laws and regulations, and regulatory approvals. Written notice and an explanation of the circumstances of any claim that the goods have proved defective in material or workmanship shall be given promptly by Distributor to Manufacturer. DISTRIBUTOR’S SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF DEFECT IS EXPRESSLY LIMITED TO THE CORRECTION OF SUCH DEFECT BY MANUFACTURER AT ITS ELECTION AND SOLE EXPENSE, EXCEPT THAT THE FONT SOFTWARE IS SUPPLIED THERE SHALL BE NO OBLIGATION TO YOU WITHOUT ANY WARRANTIESREPLACE OR REPAIR ITEMS WHICH BY THEIR NATURE ARE EXPENDABLE. If Manufacturer is unable to replace or repair the defective goods, Manufacturer shall refund to Distributor that portion of the purchase price allocable to such goods. No representation or other affirmation of fact not set forth herein, including, but not limited to, statements regarding capacity, suitability for use, or performance of the goods, shall be or be deemed to be a warranty or representation by Manufacturer for any purpose, nor give rise to any liability or obligation of Manufacturer whatever. EXCEPT AS SPECIFICALLY PROVIDED IN THIS DOCUMENT, THERE ARE NO OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANT-ABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundablePURCHASE.
Appears in 1 contract
Samples: Distribution Agreement (Biomimetic Therapeutics, Inc.)
Limited Warranty. Garisman Studio warrants to you that the Font Software will perform substantially in accordance with its documentation for the thirty (30) day period following delivery of the Font Software. To make a warranty claim, you must, within the thirty (30) day warranty period contact Garisman Studio and provide sufficient information regarding your acquisition of the Font Software so as to enable Garisman Studio to verify the existence and date of the transaction. The entire, exclusive and cumulative liability and remedy shall be that Garisman Studio will use reasonable efforts to cause the Font Software to conform to the documentation as soon as commercially practicable. XXXXXXXX STUDIO DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU AGREE THAT MAY OBTAIN BY USING THE FONT SOFTWARE IS SUPPLIED SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR XXXXXXXX STUDIO'S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, XXXXXXXX STUDIO MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT XXXX XXXXXXXX STUDIO BE LIABLE TO YOU WITHOUT OR ANYONE ELSE (I) FOR ANY WARRANTIESCONSEQUENTIAL, EXPRESSED INCIDENTAL OR IMPLIEDSPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR ANY OTHER INDIRECTLOST SAVINGS, INCIDENTAL OR CONSEQUENTIAL EVEN IF XXXXXXXX STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY PUNITIVE OR SPECIAL DAMAGES, CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE XXXXXXXX STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software Some states or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some states or jurisdictions do not allow the exclusion exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this the Agreement are limited to ninety thirty (9030) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, death so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the Xxxxxxxx Studio’s liability of the supplier of the Font Software for such physical injury or death shall not exceed one hundred thousand dollars One Hundred Thousand Dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction. Other than as expressly set forth herein, the The Font Software is non-non- returnable and nonrefundable.
Appears in 1 contract
Samples: Software License Agreement
Limited Warranty. Trend Micro warrants that (a) it has the right to enter into this Agreement, (b) it will provide the Services under this Agreement in a professional manner with reasonable skill and care in substantial accordance with the applicable specifications, (c) for the duration of a subscription, under which Hardware is leased, such Hardware, when operated by You in accordance with the applicable documentation and specifications, will function without Error, and (d) the software accompanying the Hardware will perform in substantial accordance with the enclosed documentation, including updates thereto, and other materials (“Limited Warranty”). For purposes of this Agreement, an “Error” is a reproducible operational error that causes the Hardware to operate at material variance from its then-current specifications. Trend Micro does not warrant the accuracy of technical details or the suitability of the Services for a particular purpose unless so provided in the applicable specifications. Specifications provided in the applicable documentation or any other documentation shall not be construed to contain any guarantees, express or implicit. SUBJECT TO THE FOREGOING AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE HARDWARE, SERVICES, REPORTS, API AND RELATED MATERIALS ARE PROVIDED “AS IS” AND TREND MICRO AND ITS RESELLERS AND SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES WITH RESPECT TO THE SERVICES, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND QUALITY, AND NON- INFRINGEMENT OF THIRD PARTY RIGHTS. ANY IMPLIED WARRANTIES RELATING TO THE SOFTWARE OR SERVICES THAT CANNOT BE EFFECTIVELY DISCLAIMED SHALL BE LIMITED TO THIRTY (30) DAYS FROM THE DATE YOU ACQUIRE THE SERVICES. YOU AGREE THAT THE FONT DISCLAIMER OF WARANTIES IS FAIR AND REASONABLE AND ACKNOWLEDGE THAT WITHOUT YOUR AGREEMENT TO THESE LIMITATIONS, TREND MICRO AND ITS SUPPLIERS WOULD NOT BE ABLE TO OFFER THE SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundableSERVICES.
Appears in 1 contract
Samples: Services Agreement
Limited Warranty. YOU AGREE THAT SUS warrants to Buyer that Products with the product codes UME, UMP, MTE, MTP, NES, BRP, MRB or MOR will be free from defects in material and workmanship for a period of 24 months from the date of delivery or 6,000 operating hours, whichever occurs first. SUS warrants to Buyer that all other Product sold by SUS will be free from defects in material and workmanship for a period of 12 months from the date of delivery or 3,000 operating hours, whichever occurs first. For this limited warranty to apply, Buyer shall maintain preventative maintenance and shall comply with all applicable service and maintenance requirements provided for by the manufacturer or in the equipment manual. SUS further warrants that the Services will be performed with due care and in a manner consistent with industry standards. EXCEPT AS EXPRESSLY STATED IN SUS’S PROPOSAL AND THE FONT SOFTWARE IS SUPPLIED PRECEDING SENTENCES OF THIS PARAGRAPH, SUS (INCLUDING ITS AFFILIATES, CONTRACTORS, AND AGENTS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AND OFFICERS), ON BEHALF OF ITSELF AND ITS SUPPLIERS, MAKES NO EXPRESS OR IMPLIED WARRANTY WITH RESPECT TO YOU WITHOUT ANY WARRANTIES, EXPRESSED OF THE PRODUCTS OR IMPLIEDSERVICES, INCLUDING WITHOUT LIMITATION BUT NOT LIMITED TO ANY WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, PERFORMANCE, SUITABILITY, OR MERCHANTABILITYNON-INFRINGEMENT. You agree SUS shall not be liable for a breach of the warranty unless: (i) Xxxxx gives written notice of the defect, reasonably described, to SUS within fourteen (14) days of the time when Xxxxx discovers or ought to have discovered the defect; (ii) SUS is given a reasonable opportunity after receiving the notice to examine the defect; and (iii) SUS is reasonably able to verify Buyer's claim that the Font Software Product or Service is supplied without defective. Warranty claims must be made within the applicable warranty period in writing to SUS at the following address: Xxxxxxxx US, Inc., 000 Xxxxxxxx Xxxxx, Xxxxxx, Xxxxxxxx 00000, Attn.: Warranty Claims Manager. SUS, at its option, will repair or replace any warranty that Product found to be defective in materials or workmanship or re-perform the Font Software is free of all bugsdefective Services, errors, and omissionsor refund the price paid for such Product or Services. YOU AGREE THAT THE FOREGOING REMEDY IS EXCLUSIVE AND IS GRANTED IN LIEU OF ALL OTHER REMEDIES. IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, SUS BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITSCONSEQUENTIAL, LOST DATAINCIDENTAL, OR SPECIAL DAMAGES OF ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liabilityKIND. This warranty gives you specific legal rightsdoes not cover damage resulting from ordinary wear and tear, misuse, neglect, accident, alterations, failure to follow instructions, fire, or acts of God. You Shipping costs to and from SUS are not covered by this warranty and shall be paid by Xxxxx. Nothing in this Agreement shall exclude or limit SUS’s warranty or liability for losses that may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundablenot be lawfully excluded or limited by applicable law.
Appears in 1 contract
Samples: Terms and Conditions of Sale
Limited Warranty. The Company warrants that the Application shall perform substantially in accordance with the accompanying materials for a period of ninety (90) days from the date of receipt. If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY (90) DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you. Any supplements or updates to the Application, 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 AGREE THAT THE FONT SOFTWARE IS SUPPLIED ARE NOT ENTITLED TO YOU WITHOUT ANY WARRANTIES, EXPRESSED OR IMPLIEDDAMAGES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE BUT NOT LIMITED TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. The terms of Section below ("Limitation of Liability/ Limitation of Remedies Such as Incidental, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole Consequential and exclusive remedy and the sole liability of the provider of the Product and the supplier(sOther Damages") of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Softwareare also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitations limitation of incidental, incidental or consequential or special damages, so the above limitation or exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty Limited Warranty gives you specific legal rights. You may have other rights that others which vary from state/jurisdiction to state/jurisdiction. Other than as expressly set forth hereinTHE LIMITED WARRANTY THAT APPEARS ABOVE IS THE ONLY EXPRESS WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER EXPRESS WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. EXCEPT FOR THE ABOVE LIMITED WARRANTY, the Font Software is nonAND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS SUPPLIERS PROVIDE THE APPLICATION AND SUPPORT SERVICES (IF ANY) “AS IS” AND WITH ALL FAULTS, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, 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, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON- INFRINGEMENT WITH REGARD TO THE APPLICATION, EXCEPT THE COMPANY WARRANTS THAT THE USE OR SALE OF 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 APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-returnable and nonrefundableFREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. 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 EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Appears in 1 contract
Samples: License Agreement
Limited Warranty. YOU AGREE THAT Netscape warrants only to Licensee that the Products when properly installed and used will substantially conform to the functional specifications set forth in the Documentation in effect when the Products are delivered to Licensee. Netscape's warranty and obligation shall extend for a period of 90 days ("Warranty Period") from the date Netscape first delivers the Products to Licensee. All warranty claims not made in writing or not received by Netscape within the Warranty Period shall be deemed waived. Netscape's warranty is solely for the benefit of Licensee, who has no authority to extend this warranty to any other person or entity. THE FONT SOFTWARE IS SUPPLIED EXPRESS WARRANTY SET FORTH IN THIS SECTION CONSTITUTES THE ONLY WARRANTY MADE BY NETSCAPE. NEITHER NETSCAPE NOR ITS SUPPLIERS MAKES ANY OTHER REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), WITH RESPECT TO YOU WITHOUT ANY WARRANTIESTHE PRODUCTS OR DOCUMENTATION. NETSCAPE AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES OR CONDITIONS INCLUDING THOSE OF TITLE, EXPRESSED OR IMPLIEDMERCHANTABILITY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. NETSCAPE DOES NOT WARRANT THAT THE PRODUCTS OR MERCHANTABILITY. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE DOCUMENTATION ARE ERROR-FREE OR THAT IN NO EVENT WILL THE PROVIDER OPERATION OF THE PRODUCT PRODUCTS WILL BE SECURE OR ITS SUPPLIERSUNINTERRUPTED AND DISCLAIMS ANY AND ALL LIABILITY ON ACCOUNT THEREOF. THE ABOVE LIMITATION SHALL APPLY TO THE EXTENT ALLOWED BY APPLICABLE LAW. Netscape shall have no obligation under the foregoing warranty for any nonconformance caused by: (a) the incorporation, INCLUDING THE SUPPLIER(Sattachment or engagement of any attachment, feature, program, or device, other than by Netscape, to the Products or any part thereof; (b) OF THE FONT SOFTWAREaccident, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITStransportation, LOST DATAneglect or misuse; alteration, OR ANY OTHER INDIRECTmodification, INCIDENTAL OR CONSEQUENTIAL DAMAGESor enhancement of the Products other than by Netscape; (c) failure to provide an installation environment recommended for the Products; (d) use of supplies or materials not meeting Netscape specifications; (e) use of the Products for other than the intended purpose; (f) use of the Products on any systems other than the specified hardware platform for such Products; (g) Licensee's use of defective media or defective duplication of the Products; or (h) Licensee's failure to incorporate any Upgrade previously released by Netscape which corrects such nonconformance. If Licensee provides Netscape with written notice of a failure under this limited warranty during the Warranty Period, OR FOR ANY PUNITIVE OR SPECIAL DAMAGESNetscape will use reasonable efforts to correct promptly, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGESat no charge to Licensee, any such errors or failures. You agree that your This is Licensee's sole and exclusive remedy and the sole liability for breach of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundablehereunder.
Appears in 1 contract
Samples: Annuncio Software Inc
Limited Warranty. YOU AGREE THAT Xxxxxxxx-Medisize warrants that: (a) standard and custom products supplied hereunder shall be free from defects in materials or workmanship appearing within a period of one year from delivery, (b) services supplied hereunder shall be performed in a professional manor and comply with applicable industry standards, (c) production tooling supplied hereunder shall be free from defects in material or workmanship and be capable of producing the number of units detailed in Xxxxxxxx-Medisize's proposal provided such tools are used and maintained exclusively by Xxxxxxxx- Medisize at Xxxxxxxx-Medisize's facilities, and (d) engineering samples, models, and prototypes shall be built from sound materials and conform to workmanship standards typical for such samples, models, or prototypes. Should the services, products, or production tools supplied hereunder fail to conform to the above stated limited warranty, Xxxxxxxx-Medisize in its sole discretion shall repair, replace, or refund the purchase price of the non-conforming services, products, or tools. This remedy shall be Customer's exclusive remedy for Xxxxxxxx-Medisize's breach of warranty. Customer shall give Xxxxxxxx-Medisize written notice of any alleged non-conformance within ten days (10) after discovery by Customer. Upon request, Customer shall return the allegedly non-conforming item, F.O.B. Xxxxxxxx-Medisize's facility, transportation charges prepaid. No warranty hereunder shall be assignable or transferable by Customer, or shall inure to any third party. THE FONT SOFTWARE IS SUPPLIED FOREGOING LIMITED WARRANTY AND REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL CONTRACT OR TORT LIABILITY AND ALL OTHER WARRANTIES OR RIGHTS OF REJECTION, EXPRESS OR IMPLIED BY LAW, EQUITY, CONTRACT, CUSTOM, USAGE, OR COURSE OF DEALING, INCLUDING, BUT NOT LIMITED TO YOU WITHOUT ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE OR MERCHANTABILITYPURPOSE. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, XXXXXXXX- MEDISIZE SHALL NOT BE LIABLE TO YOU CUSTOMER OR ANY OTHER PARTY PERSON FOR LOST PROFITSANY CONSEQUENTIAL, LOST DATAINCIDENTAL, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundableCONTINGENT DAMAGES WHATSOEVER.
Appears in 1 contract
Samples: www.phillipsmedisize.com
Limited Warranty. YOU AGREE THAT THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. You agree ITW warrants that it will convey the Font Software is supplied without any warranty that the Font Software is Products free and clear of all bugsliens, errorssecurity interests and encumbrances created by, through or under ITW. ITW further warrants that for the applicable period (the “Warranty Period”), as set forth in the applicable warranty statement for particular Products, or if no such warranty statement exists for thirty (30) days from the date of delivery to the common carrier, under normal use and omissionsgiven proper installation and maintenance as determined by ITW, the Products: (a) will conform to mutually agreed upon written specifications or other descriptions; and (b) will be free from substantial defects in material and workmanship as further described in the applicable warranty statement and subject to all exclusions and conditions stated therein and below. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERSIn the event of a breach of the warranties set forth above (the “Warranties”), INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWAREITW will, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole at ITW’s option and exclusive remedy and the as ITW’s sole liability of the provider of the and Purchaser’s sole remedy, repair, replace or credit Purchaser’s account for, any Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software that fails to conform to the provider of the ProductWarranties, either and at the sole option of the provider of the Product provided that (i) during the replacement Warranty Period ITW is promptly notified in writing upon discovery of defective Font Software or such failure with a detailed explanation of any alleged deficiencies; (ii) ITW is given a reasonable opportunity to investigate all claims; and (iii) ITW’s examination of such Product confirms the refund of your licensee fee paid for such Font Softwarealleged deficiencies and that the deficiencies were not caused by accident, misuse, neglect, normal wear and tear, improper installation, unauthorized alteration or repair or improper testing. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion No Products may be returned to ITW until inspection and approval by ITW. The Warranty against defects does not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties to: (1) consumable components or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety ordinary wear items; or (902) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability use of the supplier of Products with equipment, components or parts not specified or supplied by ITW or contemplated under the Font Software for such physical injury shall not exceed one hundred thousand dollars Product documentation. EXCEPT AS MAY BE PROHIBITED BY APPLICABLE LAW (U.S. $100,000WHICH MAY INCLUDE THE PROVINCE OF QUEBEC) AND EXCEPT AS SET FORTH HEREIN, ITW MAKES NO WARRANTY, CONDITIONS OR REPRESENTATION OF ANY KIND, EXPRESS, IMPLIED OR COLLATERAL (INCLUDING NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundable.
Appears in 1 contract
Samples: itwconstruction.ca
Limited Warranty. We warrant that the disk on which the Software and TLVs® and BEIs® and Documentation is recorded will be free from defects in materials and workmanship under normal use and service for a period of ninety (90) days from the date of delivery. Our entire liability and your exclusive remedy under this paragraph shall be replacement of the disk not meeting this Limited Warranty. You may be required to return the defective disk to us. If failure of the disk has resulted from accident, abuse, or misapplication of the Software, then we shall have no responsibility to replace the disk under this Limited Warranty. OTHER THAN THE EXPRESS WARRANTY SET OUT ABOVE, THE SOFTWARE AND TLVs® AND BEIs® AND DOCUMENTATION ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE AND “TLVs® AND BEIs® AND DOCUMENTATION ARE ASSUMED BY YOU. WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE SOFTWARE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE, AND YOU AGREE THAT RELY ON THE FONT SOFTWARE AND RESULTS/PERFORMANCE SOLELY AT YOUR OWN RISK. THE ABOVE IS SUPPLIED TO YOU WITHOUT THE ONLY WARRANTY OF ANY WARRANTIESKIND, EXPRESSED EITHER EXPRESS OR IMPLIED, THAT IS MADE BY US WITH REGARD TO THE SOFTWARE AND THE TLVs® AND BEIs® AND DOCUMENTATION, INCLUDING WITHOUT LIMITATION ANY WARRANTIES BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITYPURPOSE. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugsTHIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, errors, and omissions. AND YOU AGREE MAY ALSO HAVE OTHER RIGHTS THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE VARY FROM STATE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundableSTATE.
Appears in 1 contract
Samples: License Agreement
Limited Warranty. Monotype warrants to you that the Font Software will perform substantially in accordance with its documentation for the ninety (90) day period following delivery of the Font Software. To make a warranty claim, you must, within the ninety (90) day warranty period, notify Monotype. The entire, exclusive and cumulative liability and remedy shall be that Monotype will use reasonable efforts to cause the Font Software to conform to the documentation as soon as commercially practicable.MONOTYPE DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU AGREE THAT MAY OBTAIN BY USING THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR MONOTYPE'S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, MONOTYPE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL MONOTYPE BE LIABLE TOYOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR ANY OTHER INDIRECTLOST SAVINGS, INCIDENTAL OR CONSEQUENTIAL EVEN IF MONOTYPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY PUNITIVE OR SPECIAL DAMAGES, CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE MONOTYPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software Some states or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some states or jurisdictions do not allow the exclusion exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this the Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, death so that such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the Monotype’s liability of the supplier of the Font Software for such physical injury or death shall not exceed one hundred thousand dollars One Hundred Thousand Dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction. Other than as expressly set forth herein, the The Font Software is non-returnable and nonrefundable.
Appears in 1 contract
Samples: User License Agreement
Limited Warranty. Abbasy Studio warrants to you that the Font Software will perform substantially in accordance with its documentation for the thirty (30) day period following delivery of the Font Software. To make a warranty claim, you must, within the thirty (30) day warranty period contact Abbasy Studio and provide sufficient information regarding your acquisition of the Font Software so as to enable Abbasy Studio to verify the existence and date of the transaction. If the Font Software does not perform substantially in accordance with its documentation, the entire, exclusive, and cumulative liability and remedy shall be limited to the refund of the license fee you paid to Abbasy Studio to obtain delivery of the Font Software. XXXXXX STUDIO DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU AGREE THAT MAY OBTAIN BY USING THE FONT SOFTWARE IS SUPPLIED SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR ABBASY STUDIO BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, ABBASY STUDIO MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO NON- INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT XXXX XXXXXX STUDIO BE LIABLE TO YOU WITHOUT OR ANYONE ELSE (I) FOR ANY WARRANTIESCONSEQUENTIAL, EXPRESSED INCIDENTAL OR IMPLIEDSPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR ANY OTHER INDIRECTLOST SAVINGS, INCIDENTAL OR CONSEQUENTIAL EVEN IF ABBASY STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY PUNITIVE OR SPECIAL DAMAGES, CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE ABBASY STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software Some states or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some states or jurisdictions do not allow the exclusion exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this the Agreement are limited to ninety thirty (9030) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, death so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the Abbasy Studio’ liability of the supplier of the Font Software for such physical injury or death shall not exceed one hundred thousand dollars One Hundred Thousand Dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction. Other than as expressly set forth herein, the The Font Software is non-returnable and nonrefundable.
Appears in 1 contract
Samples: License Agreement
Limited Warranty. YOU AGREE THAT SoftArtisans warrants that for a period of thirty (30) days from delivery (the "Warranty Period") the Program shall be free from defects in the media on which it is provided. SoftArtisans does not warrant that your use of the Program will be uninterrupted or error free. If, during the Warranty Period, the Program does not meet this limited warranty, you may contact SoftArtisans and Software Artisans shall, at its option, either replace the Program or refund your purchase price. The foregoing constitutes your sole and exclusive remedy for breach by SoftArtisans of any warranties (express or implied) made under this Agreement. This limited warranty is void if failure of the Program has resulted from accident, abuse, or misapplication. Any replacement Program will be warranted for thirty (30) days from your date of receipt. EXCEPT FOR THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT WARRANTIES SET FORTH ABOVE, THE PROGRAM AND THE DOCUMENTATION ARE LICENSED "AS IS," AND SoftArtisans DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugsPURPOSE, errorsTITLE, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font SoftwareNONINFRINGEMENT. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions states do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or and exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You , and you may also have other rights that which vary from jurisdiction state to jurisdictionstate. Other than as expressly For warranty claims, contact SoftArtisans at the email or post addresses set forth herein, the Font Software is non-returnable and nonrefundablebelow.
Appears in 1 contract
Samples: origin2.cdn.componentsource.com
Limited Warranty. YOU AGREE THAT Subject to the limitations of Section 5, Xxxxx warrants that the Systems engineered by Xxxxx will be free from defects in material and workmanship under normal use and regular service and maintenance for a period of one (1) year from the date of shipment of the Products by Seller, unless otherwise specified by Seller in writing. Products purchased by Customer from a third party for resale to Customer will carry only the warranty extended by the original manufacturer. EXCEPT AS SPECIFIED ABOVE, PARTS FURNISHED HEREUNDER ARE FURNISHED AS-IS, WHERE-IS, WITH NO WARRANTY WHATSOEVER. THE FONT SOFTWARE IS SUPPLIED WARRANTY SET FORTH IN THIS SECTION 4 AND THE WARRANTY SET FORTH IN SECTION 6 ARE THE SOLE AND EXCLUSIVE WARRANTIES GIVEN BY XXXXX WITH RESPECT TO YOU WITHOUT ANY THE SERVICES AND PARTS AND ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, INCLUDING ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION ANY WARRANTIES OF LIMITATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHETHER OR MERCHANTABILITY. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugsNOT THE PURPOSE OR USE HAS BEEN DISCLOSED TO XXXXX IN SPECIFICATIONS, errorsDRAWINGS OR OTHERWISE, and omissions. YOU AGREE THAT IN NO EVENT WILL AND WHETHER OR NOT THE PROVIDER OF THE PRODUCT PARTS ARE SPECIFICALLY DESIGNED AND/OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU MANUFACTURED BY XXXXX FOR CUSTOMER’S OR ANY OTHER PARTY FOR LOST PROFITSPERSON’S USE OR PURPOSE. This warranty does not extend to any losses or damages due to misuse, LOST DATAaccident, OR ANY OTHER INDIRECTabuse, INCIDENTAL OR CONSEQUENTIAL DAMAGESneglect, OR FOR ANY PUNITIVE OR SPECIAL DAMAGESnormal wear and tear, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and Customer’s or any other person’s negligence, unauthorized modification or alteration, use beyond rated capacity, unsuitable power sources or environmental conditions, improper installation, repair, handling, maintenance or application or any other cause not the sole liability fault of Xxxxx, and, unless otherwise specified by Xxxxx in writing, This warranty ONLY applies to the original purchaser of the provider of the Product and the supplier(s) of the Font Software for defective Font Software isSystem. Xxxxx has no duty to install, upon return of the defective Font Software inspect, observe, advise and/or warn as to the provider of the ProductSystems, either and or as to any other products or conditions located on Customer’s property or work site, at the sole option time of the provider of the Product (i) the replacement of defective Font Software sale, delivery, or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to youotherwise. To the greatest extent permitted that Customer or its agents has supplied specifications, information, representation of operating conditions or other data to Xxxxx that are used in the selection or design of the Systems and the preparation of Xxxxx’x quotation, and in the event that actual operating conditions or other conditions differ from those represented by lawCustomer, any implied warranties not effectively excluded or other provisions contained herein which are affected by this Agreement such conditions are limited to ninety null and void. If within thirty (9030) days. Some jurisdictions do not permit a limitation days after Customer’s discovery of any warranty defects within the warranty period or exclusion of implied warranties where the product results within ten (10) days after shipment for quantity discrepancies, Customer notifies Xxxxx thereof in physical injury writing, Xxxxx shall, at its sole option, repair, correct or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundable.replace
Appears in 1 contract
Samples: www.valin.com
Limited Warranty. YOU AGREE THAT THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY Pragma Systems MAKES NO WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF WITH RESPECT TO THE SOFTWARE OR ITS QUALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE USE OR MERCHANTABILITYPURPOSE. You agree THE SOFTWARE IS LICENSED AND DELIVERED “AS IS". Pragma Systems warrants that the Font disk on which the product is recorded is free from defects in materials and workmanship under normal use and service for a period of sixty (30) days from the date of delivery as evidenced by a copy of the purchase receipt or invoice. Pragma Systems or its Dealers’ entire liability and your exclusive remedy shall be replacement of the disk which is returned to Pragma Systems with a copy of your receipt or invoice. If failure of the disk has resulted from accident, abuse, or misapplication, then Pragma Systems shall have no responsibility to replace the disk. Pragma Systems does not warrant that the Software is supplied without any warranty that the Font Software is free of all bugserror free. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL SHALL Pragma Systems NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE PROVIDER CREATION, PRODUCTION, OR DELIVERY OF the Software BE LIABLE FOR ANY LOSS, INCLUDING TIME, MONEY, GOODWILL AND SPECIAL OR CONSEQUENTIAL OR DIRECT, INCIDENTAL OR INDIRECT DAMAGES, WHICH MAY ARISE FROM THE PRODUCT OR ITS SUPPLIERSUSE, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OPERATION OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, MODIFICATION EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE Pragma Systems HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions states do not allow the exclusion or limitation of implied warranties or limitations of incidental, consequential or special damagesliability, so the above exclusion limitation may not apply to you). AlsoTHE ABOVE ARE THE ONLY WARRANTIES OF ANY KIND, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may lastEITHER EXPRESS OR IMPLIED, so the above limitations may not apply to youINCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE, THAT ARE MADE BY Pragma Systems CONCERNING THIS SOFTWARE OR THE DOCUMENTATION. To the greatest extent permitted by lawNO VERBAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Pragma Systems, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or deathITS RESELLERS, so such limitations or exclusions may not apply to you. In those jurisdictionsDEALERS, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000)DISTRIBUTORS, provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth hereinAGENTS, the Font Software is non-returnable and nonrefundableOR EMPLOYEES SHALL CREATE A WARRANTY OR ADD TO THIS WARRANTY.
Appears in 1 contract
Samples: License Agreement
Limited Warranty. YOU AGREE THAT THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY WARRANTIESWithout limiting the provisions of this Section 5, EXPRESSED OR IMPLIEDyou hereby acknowledge and agree that Company has no obligation under this XXXX to correct any defects or errors in Play Go, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITYregardless of whether you inform Company of such defects or errors or Company otherwise is, or becomes aware of, such defects or errors. You hereby acknowledge and agree that the Font Software is supplied without any warranty Play Go has not been completely tested in all situations, that the Font Software is free of all bugsPlay Go may contain operational malfunctions, errors, viruses, bugs, worms, trojan horses, bots and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERSother harmful and destructive components or defects, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You and you agree that you are executing this XXXX solely for purposes of evaluating, testing, and/or using Play Go. Any implied warranties prescribed by statute are expressly limited to the minimum warranty period applicable by law. To the fullest extent permissible under applicable law, Play Go is provided to you “as is” and “as available”, with all faults, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk. The entire risk of satisfactory quality and exclusive remedy performance resides with you. Company, its affiliates, clients, licensors and/or distributors, do not make, and the sole liability hereby disclaim, any and all express, implied or statutory warranties, including implied warranties of the provider condition, uninterrupted use, merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of the Product third party rights, and the supplier(swarranties (if any) arising from a course of the Font Software for defective Font Software isdealing, upon return usage, or trade practice. Company, its licensors and/or distributors, do not warrant against interference with your use of the defective Font Software to the provider Play Go; that Play Go will meet your requirements; that operation of the ProductPlay Go will be uninterrupted or error‐free, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software that Play Go will interoperate or (ii) the refund of your licensee fee paid for such Font Softwarebe compatible with any other software, that any errors in Play Go will be corrected or that Play Go will not be discontinued without previous notice. No oral or written advice provided by Company, its licensors, agents, distributors and/or any authorized representative, shall create any implied warranty. Some jurisdictions do not allow the exclusion of or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of on implied warranties or the limitations on how long an implied warranty may lastapplicable statutory rights of a consumer, so therefore some or all of the above exclusions and limitations may not apply only to you. To the greatest fullest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, so such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundable.
Appears in 1 contract
Samples: www.digicelgroup.com