Party Products. You acknowledge that we are not the owner or manufacturer of any software and hardware sourced from third parties and forming part of the Product (Third Party Materials). Where we supply any Third Party Materials, you agree that we have no liability whatsoever for any defects or other failures in or delayed or non-supply of such Third Party Materials except as expressly set out in this Agreement. In our absolute discretion, we may notify the relevant third party of any defect or issue and request the third party to investigate. If we or you find a reproducible defect in any Third Party Materials forming part of the Product, as your sole remedy, where commercially reasonable to do so, we may exercise any rights we may have in respect of the replacement or modification of that Third Party Material, under warranties granted to us by the manufacturer of the Third Party Material (if any).
Appears in 4 contracts
Samples: Software Agreement, Master Services Agreement, Software Agreement
Party Products. 11.1 You acknowledge that we are not the owner or manufacturer of any software and hardware sourced from third parties and forming part of the Product product (Third Party Materialsthird party materials). Where we supply any Third Party Materialsthird party materials, you agree that we have no liability whatsoever for any defects or other failures in or delayed or non-supply of such Third Party Materials materials except as expressly set out in this Agreement. In our absolute discretion, we may notify the relevant third party of any defect or issue and request the third party to investigate. If we or you find a reproducible defect in any Third Party Materials third party materials forming part of the Productproduct, as your sole remedy, where commercially reasonable to do so, we may exercise any rights we may have in respect of the replacement or modification of that Third Party Materialthird party material, under warranties granted to us by the manufacturer of the Third Party Material third party material (if any).
Appears in 1 contract
Samples: Software as a Service Agreement