NO WARRANTY OF PERFORMANCE Sample Clauses

NO WARRANTY OF PERFORMANCE. NCSS, LLC does not and cannot warrant the performance or results that may be obtained by using PASS. Accordingly, PASS and its documentation are licensed "as is" without warranty as to their performance, merchantability, or fitness for any particular purpose. The entire risk as to the results and performance of PASS is assumed by you. Should PASS prove defective, you (and not NCSS, LLC nor its dealer) assume the entire cost of all necessary servicing, repair, or correction.
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NO WARRANTY OF PERFORMANCE. NCSS, LLC does not and cannot warrant the performance or results that may be obtained by using NCSS. Accordingly, NCSS and its documentation are licensed "as is" without warranty as to their performance, merchantability, or fitness for any particular purpose. The entire risk as to the results and performance of NCSS is assumed by you. Should NCSS prove defective, you (and not NCSS, LLC nor its dealer) assume the entire cost of all necessary servicing, repair, or correction.
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NO WARRANTY OF PERFORMANCE. Except as specified in the Purchase Order, Vendor does not warrant the performance or results that may be obtained by using the software and the manual. All products are licensed “as is” without warranty as to their performance, merchantability or fitness for any particular purpose. The entire risk as to the results and performance of the program is assumed by Xxxxxxxx.
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NO WARRANTY OF PERFORMANCE. THIS PRODUCT (AND INSTRUCTIONS FOR USE) IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES AS TO THE PERFORMANCE , MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PROGRAM IS ASSUMED BY YOU. SHOULD THE SOFTWARE OR MANUAL PROVE DEFECTIVE YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. NEITHER LYTROD SOFTWARE, INC. NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT EVEN IF LYTROD SOFTWARE INC. HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES. SOME STATES DO NOT ALLOW FOR THE EXCLUSION OF LIABLITY FOR INCIDETNAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU.
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NO WARRANTY OF PERFORMANCE. NEITHER PARTY MAKES ANY WARRANTY WITH RESPECT --------------------------- TO THE RESULTS TO BE OBTAINED BY THE OTHER PARTY UNDER THIS AGREEMENT. EXCEPT AS OTHERWISE PROVIDED HEREIN, NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE MADE BY PIXTECH HEREUNDER.
Sample 1
NO WARRANTY OF PERFORMANCE. Xx. Xxxxx X. Hintze does not and cannot warrant the performance or results that may be obtained by using NCSS. Accordingly, NCSS and its documentation are licensed "as is" without warranty as to their performance, merchantability, or fitness for any particular purpose. The entire risk as to the results and performance of NCSS is assumed by you. Should NCSS prove defective, you (and not Xx. Xxxxx X. Hintze nor his dealers) assume the entire cost of all necessary servicing, repair, or correction.
Sample 1

Related to NO WARRANTY OF PERFORMANCE

  • Guaranty of Performance Each Guarantor also guaranties the full, prompt and unconditional performance of all obligations and agreements of every kind owed or hereafter to be owed by the Borrower to the Agent or the Lenders under the Credit Agreement and the other Loan Documents to which the Borrower is a party. Every provision for the benefit of the Agent or the Lenders contained in this Guaranty shall apply to the guaranty of performance given in this paragraph.

  • Excuse of Performance Seller shall not be liable for delays in performance or for non-performance due to failure or interruption of computer or telecommunication systems, acts of God, war, riot, fire, terrorism, labor trouble, unavailability of materials or components, explosion, accident, compliance with governmental requests, laws, regulations, orders or actions, or other unforeseen circumstances or causes beyond Seller's reasonable control. In the event of such delay, the time for performance or delivery shall be extended by a period of time reasonably necessary to overcome the effect of the delay.

  • Limitations of Performance The Custodian shall not be responsible under this Agreement for any failure to perform its duties, and shall not be liable hereunder for any loss or damage in association with such failure to perform, for or in consequence of the following causes:

  • Suspension of Performance Notwithstanding any other provision hereof, if an Event of Default or a Potential Event of Default has occurred and is continuing, the Non-Defaulting Party, upon written notice to the Defaulting Party, has the right (i) to suspend performance under any or all Transactions and (ii) to the extent an Event of Default has occurred and is continuing, to exercise any remedy available at law or in equity, except as limited be Section 5.7.

  • Representations, Performance All representations and warranties of Buyer contained in this Agreement shall be true and correct in all respects at and as of the date hereof, and shall be repeated and shall be true and correct in all respects on and as of the Closing Date with the same effect as though made on and as of the Closing Date.

  • Assurance of Performance If at any time the COUNTY has good objective cause to believe CONTRACTOR may not be adequately performing its obligations under this Agreement or that CONTRACTOR may fail to complete the Services as required by this Agreement, COUNTY may request from CONTRACTOR prompt written assurances of performance and a written plan acceptable to COUNTY, to correct the observed deficiencies in CONTRACTOR’s performance. CONTRACTOR shall provide such written assurances and written plan within thirty (30) calendar days of its receipt of COUNTY’s request and shall thereafter diligently commence and fully perform such written plan. CONTRACTOR acknowledges and agrees that any failure to provide such written assurances and written plan within the required time is a material breach under this Agreement.

  • Impossibility of Performance The credit union will not be liable for failure to comply with the terms of a wire transfer agreement caused by legal constraint interruption or failure of transmission and/or communications facilities, war, emergency, labor dispute, act of nature, or other circumstances beyond the control of the credit union.

  • Standards of Performance A. The standard of care for all professional and related services performed or furnished by Contractor under this Agreement will be the care and skill ordinarily used by members of Contractor’s profession practicing under similar conditions and circumstances and in a similar locality.

  • Prevention of Performance The Custodian will not be responsible for any failure to perform any of its obligations (nor will it be responsible for any unavailability of funds credited to the Cash Account) if such performance is prevented, hindered or delayed by a Force Majeure Event, in such case its obligations will be suspended for so long as the Force Majeure Event continues. “Force Majeure Event” means any event due to any cause beyond the reasonable control of the Custodian, such as restrictions on convertibility or transferability, requisitions, involuntary transfers, unavailability of communications system, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war or acts of government.

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