Limits on Warranties Sample Clauses

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.
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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.
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Limits on Warranties. (a) EvoGenix does not warrant that any Patent Rights are or will be valid.
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Limits on Warranties. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 9 AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, XXXXXXX 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 Xxxx® Platform hereunder is subject to interruption for a variety of reasons outside of Xxxxxxx’x control, including any of the following: (i) removal, deactivation or tampering with the Equipment by persons not employed by Xxxxxxx, (ii) Customer’s or Xxxxxxx’x Internet connection being down or inoperable, (iii) the Xxxxxxx Equipment experiencing an outage due to equipment functional issues Third Party Software bugs or errors, or Internet interruptions, (iv) an event out of Xxxxxxx’x reasonable control, as described in Section 22, and failure of the Xxxx® 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. Xxxxxxx does not warrant that the Xxxxxxx 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 Xxxxxxx of the warranties set forth in this Section 9, Customer’s sole and exclusive remedy, and Xxxxxxx’x entire liability and obligation, will be (i) to correct, re-perform or replace the Services or the Documentation, whichever is reasonably appropriate in Xxxxxxx’x 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.
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Related to Limits on Warranties

  • Limitations on Warranties 14.1 Notwithstanding anything else in this Agreement, neither Party shall be liable for any indirect, special, incidental, punitive or consequential damages, including but not limited to loss of data, business interruption, or loss of profits, that arises from the use of the Licensed Materials, or the incompetence of the Authorized Users to properly use the Licensed Materials.

  • Survival of Representations, Warranties and Agreements Notwithstanding any investigation made by any party to this Agreement, all covenants, agreements, representations and warranties made by the Company and the Investor herein shall survive the execution of this Agreement, the delivery to the Investor of the Shares being purchased and the payment therefor.

  • Representations, Warranties and Agreements Section 6.01.

  • Non-Survival of Representations, Warranties and Agreements None of the representations, warranties, covenants and other agreements in this Agreement or in any instrument delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants and other agreements, shall survive the Effective Time, except for those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIII.

  • Representations Warranties and Indemnities You represent and warrant to Prime Publishing and its Affiliates that (a) you have the right, power, and authority necessary to enter into this Agreement, to fully perform your obligations hereunder, and to grant the licenses set forth in Paragraphs 3 and 5 above, (b) you will comply fully with all terms of this Agreement, (c) the Materials submitted to Prime Publishing by you, and Prime Publishing's and its Affiliates' exercise of their rights hereunder, do not and will not violate, misappropriate or infringe any intellectual property right, including but not limited to trademark rights, copyrights, moral rights and publicity rights of any third party, (d) you possess all rights necessary for the reproduction, distribution, transmission, public performance, public display, and other exploitation of the Materials by Prime Publishing and its Affiliates as permitted hereunder, (e) the Materials are not pornographic, obscene, libelous, defamatory, tortious, or otherwise unlawful, and (f) all factual statements submitted by you are accurate and not misleading. You agree to indemnify, defend, and hold Prime Publishing and its Affiliates harmless from all claims, liabilities, damages, and expenses (including, without limitation, reasonable attorneys' fees and expenses) arising from your breach of any representation or warranty set forth in this paragraph. 8)

  • Survival of Representations, Warranties and Indemnities The respective agreements, representations, warranties, and indemnities contained in this Agreement will remain in full force and effect regardless of any investigation made by or on behalf of you, any Underwriter or the Company, or any of your or their respective officers or directors or controlling persons, and will survive delivery of and payment for the Securities and the Unit Purchase Option.

  • Limitation on Warranties Client and Spirent agree that the services are provided “as is” and “as available” and that Spirent makes no warranty as to the services. Spirent disclaims all other warranties, either express or implied, including, without limitation, warranties of merchantability and fitness for a particular purpose. Spirent does not warrant the work performed by client or third-party contractors or that any systems or operation of systems will be defect or error-free.

  • Representations; Warranties 14.1 Each Party represents that it has authority to enter into this Agreement and to do all things necessary to procure the fulfilment of its obligations in terms of this Agreement.

  • Nonsurvival of Representations, Warranties and Agreements None of the representations, warranties, covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, except for those covenants and agreements contained herein and therein which by their terms apply in whole or in part after the Effective Time.

  • Representations, Warranties and Agreements to Survive Delivery All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the Underwriters.

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