Limits on Warranties Clause Samples
The "Limits on Warranties" clause defines the extent and boundaries of the promises or assurances a party makes regarding the quality, performance, or condition of goods or services provided under a contract. Typically, this clause specifies which warranties are expressly given, excludes any implied warranties, and may set time limits or conditions for making warranty claims. For example, it might state that no warranties other than those explicitly listed are provided, or that certain statutory warranties do not apply. The core function of this clause is to manage and limit the provider's liability by clarifying exactly what is and is not guaranteed, thereby reducing the risk of unexpected claims or disputes over product or service performance.
Limits on Warranties. The foregoing warranties do not apply, -------------------- and Altiris shall have no liability for any claims arising out of:
(i) Compaq's use of other than a current unaltered release of the Licensed Software provided to Compaq; (ii) Compaq's use of the Licensed Software modified by or merged with any other programs by Compaq or others without the approval of Altiris, (iii) Compaq's use of the Licensed Software in combination with any other software not approved by Altiris, or (iv) Compaq's use of the Licensed Software in conjunction with equipment other than the Compaq Products and equipment designated by Altiris. ________________ *This provision is the subject of a Confidential Treatment Request.
Limits on Warranties. Each Warranty is only qualified by each fact, matter or circumstance that is fairly disclosed in the Disclosure Schedule by reference to the Warranty in question.
Limits on Warranties. (a) EvoGenix does not warrant that any Patent Rights are or will be valid.
(b) Each Party acknowledges that research is uncertain, and neither Party gives to the other any warranty or assurance that the conduct of Research using the Licensed Technology will have any particular result, or give rise to any particular product or item of Intellectual Property, or any product having any particular performance or characteristics.
Limits on Warranties. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 9 AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, ▇▇▇▇▇▇▇ MAKES NO WARRANTIES EITHER EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ANY SUCH WARRANTIES, AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION, TITLE, NON-INFRINGEMENT, THE QUALITY OR CONDITION OF THE SERVICE EQUIPMENT, CUSTOMER PURCHASED EQUIPMENT, SERVICES, SOFTWARE OR THIRD PARTY SOFTWARE, OR THEIR MERCHANTABILITY, OR THEIR FITNESS FOR ANY PARTICULAR PURPOSE OR USE. Customer acknowledges that there are risks inherent in Internet connectivity that could result in the loss of Customer’s privacy, Confidential Information or property. The Parties acknowledge that use of the ▇▇▇▇® Platform hereunder is subject to interruption for a variety of reasons outside of ▇▇▇▇▇▇▇’▇ control, including any of the following: (i) removal, deactivation or tampering with the Equipment by persons not employed by ▇▇▇▇▇▇▇, (ii) Customer’s or ▇▇▇▇▇▇▇’▇ Internet connection being down or inoperable, (iii) the ▇▇▇▇▇▇▇ Equipment experiencing an outage due to equipment functional issues Third Party Software bugs or errors, or Internet interruptions, (iv) an event out of ▇▇▇▇▇▇▇’▇ reasonable control, as described in Section 22, and failure of the ▇▇▇▇® Platform to conform to the applicable Documentation for any of the foregoing reasons shall not be deemed a breach of the warranty set forth herein. ▇▇▇▇▇▇▇ does not warrant that the ▇▇▇▇▇▇▇ Data is accurate or complete or any protocols, courses of treatment, etc. shall result in a certain outcome. The Reports should not be deemed medical advice. Customer will be solely responsible to providing medical advice and shall perform such verifications and checks as it may deem necessary to confirm the accuracy and completeness of the Reports prior to Customer’s reliance on it. Except as otherwise set forth in the Service Terms, for any breach by ▇▇▇▇▇▇▇ of the warranties set forth in this Section 9, Customer’s sole and exclusive remedy, and ▇▇▇▇▇▇▇’▇ entire liability and obligation, will be (i) to correct, re-perform or replace the Services or the Documentation, whichever is reasonably appropriate in ▇▇▇▇▇▇▇’▇ discretion, within a reasonable period of time, provided that no change may be made hereunder to the Documentation which deletes any material feature or functionality of the Services, or (ii) set forth in the Service Terms, if such Services are covered by a Service Terms.