Software Warranty Exclusions Sample Clauses

Software Warranty Exclusions. The warranty set forth in Section 4.2 does not apply to any of the following: (a) Improper operation of the Software; (b) An event of force majeure; (c) Abuse or misuse of the Software; (d) Malfunctions of the Software caused by alterations or tampering; (e) Malfunction of the Software due to attachment, or addition or use of software and/or equipment not approved by Fidelity; or (f) Destruction in whole or in part of the Software by any person other than Fidelity, its agents, representatives, or employees.
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Software Warranty Exclusions. During the term, FIS warrants and represents that the System and the Additional Licensed Software shall be free of material defects, compatible with Client’s current hardware and shall perform in accordance with the then-current User Manuals. Any failure of the Software to meet the terms and conditions of this warranty shall be handled within the time periods and in the manner provided by Exhibit A Section 4 “Event Management and Notification Time Frames for Core Addenda” to the Core Processing Services Addendum . The warranty set forth in Section 11 of the Addendum does not apply to any of the following: (a) Damage arising from any cause beyond FIS’s reasonable control including, but not limited to: (i) damage due to the improper operation of the Additional Licensed Software; (ii) damage due to storms, fire, flood, other acts of God, attack, civil commotion, war, settling of walls or foundations; (iii) damage resulting from abuse of the Additional Licensed Software or usage of the Additional Licensed Software other than as specified in the then-current documentation; or (iv) malfunctions caused by alterations or tampering. (b) Malfunction or breakdown of Additional Licensed Software due to attachment, or addition or use of software and/or equipment not approved by FIS. (c) Destruction in whole or in part of the Additional Licensed Software by any person other than FIS, its agents, servants, or employees.
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Software Warranty Exclusions. The foregoing warranties do not apply to any of the following: (i) Damage arising from any cause beyond PTG's reasonable control, including, without limitation, damage due to the improper operation or use of Software by Recorder, abuse or misuse of Software other than as designed or intended, malfunctions caused by alteration or tampering, or any reason specified in §15 (Excusable Delays) of this Agreement. (ii) Damage resulting from movement of Software after its initial installation. (iii) Malfunction or breakdown of Software due to attachment to, or addition or use of, software not supplied by PTG with the Software, or as a result of attachment of the Software to hardware or software by anyone other than PTG, or as a result of hardware associated problems. (iv) Damage, malfunction, or breakdown of Software due to improper operating environment, including, without limitation, temperature, humidity, dust, or static charge. (v) Destruction or damage, in whole or in part, of Software by any Person other than PTG.
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Software Warranty Exclusions. The foregoing warranties do not apply to any of the following: 6.2.1. Damage arising from any cause beyond Licensor's reasonable control, including, without limitation, damage due to the improper operation or use of Software by Customer, abuse or misuse of Software other than as designed or intended, malfunctions caused by alteration or tampering, or any reason specified in section 15 of this Agreement. 6.2.2. Damage resulting from movement of Software after its initial installation. 6.2.3. Malfunction or breakdown of Software due to attachment to, or addition or use of, software not supplied by Licensor with the Software, or as a result of attachment of the Software to hardware or software by anyone other than Licensor, or as a result of hardware associated problems. 6.2.4. Damage, malfunction, or breakdown of Software due to improper operating environment, including, without limitation, temperature, humidity, dust, or static charge. 6.2.5. Destruction or damage, in whole or in part, of Software by any Person other than Licensor. 6.2.6. Any harm or damages caused by any Third-Party Software or Third-Party Data providers.
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Software Warranty Exclusions. The Standard Software Warranty does not apply to any Software that: (1) Has been altered or modified, except by Seller; (2) Has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Seller; (3) Has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident; and/or (4) Is used in ultra-hazardous activities.
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Software Warranty Exclusions. The warranty set forth in Section 4.2 does not apply to any of the following: (a) Damage arising from any cause beyond Fidelity's reasonable control including, but not limited to: (i) damage due to the improper operation of the Additional Licensed Software; (ii) damage due to storms, fire, flood, other acts of God, attack, civil commotion, war, settling of walls or foundations; (iii) damage resulting from abuse of the Additional Licensed Software or usage of the Additional Licensed Software other than as specified in the then-current documentation; or (iv) malfunctions caused by alterations or tampering. (b) Malfunction or breakdown of Additional Licensed Software due to attachment, or addition or use of software and/or equipment not approved by Fidelity. (c) Destruction in whole or in part of the Additional Licensed Software by any person other than Fidelity, its agents, servants, or employees.
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Related to Software Warranty Exclusions

  • Warranty Exclusions The Limited Warranty in clauses 1.2 and 1.3 does not apply: a) if the Product was not purchased and installed in Australia; b) if You do not grant BYD or BYD Partner access to the performance data of the Product over the Internet upon request after reporting the warranty claim and/or manipulate such data; c) to wear and tear in the appearance of the Product (including but not limited to any scratches, stains, mechanical wear, rust or mould) which does not impair its function; d) to any damage to property or personal injury arising from any defect if the state of scientific and technical knowledge at the time when the Product is sold to Original Buyer was not such as to enable the defect to be discovered; e) if the invoice for the Product and the information listed in clause 4 below is not provided with the warranty claim; or f) if the serial number on the Product can no longer be identified or has been modified.

  • Software Warranty We warrant that the Tyler Software will perform without Defects during the term of this Agreement. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the maintenance and support process set forth in Section C(9), below, the SLA and our then current Support Call Process.

  • Hardware Warranty Company warrants that for a period of one (1) year from delivery of Hardware, Hardware will be free from defects in material and workmanship in normal use, but does not cover any of the following: (i) improper installation, maintenance, adjustment, repair or modification by Customer or a third party; (ii) misuse, neglect, or any other cause other than ordinary use, including without limitation, accidents or acts of God; (iii) improper environment, excessive or inadequate heating or air conditioning, electrical power failures, surges, water damage or other irregularities; (iv) third party software or software drivers; or (v) damage during shipment.

  • Limited Software Warranty MyECheck represents, warrants, and covenants that: MyECheck warrants to the original end user (“Customer”), and not to subsequent end users, of the Extreme Networks software product (“Software”) that for ninety (90) days from the date of installation of the Software from MyECheck, the Software shall substantially conform with the specification for the Software at the (“Documentation”). MyECheck does not warrant (i) that the Software is error free, (ii) that Customer will be able to operate the Software without problems or interruptions or (iii) that the Software will be free of vulnerability to intrusion or attack. Except for the limited warranty set forth in this section, the Software is provided “AS IS.”

  • Software Updates XXXXX agrees to keep current with software licensed from Skyward and will install new versions on a timeline approved by XXXXX governance. This timeline will be communicated by NWRDC to the Districts.

  • Antivirus software All workstations, laptops and other systems that process and/or store PHI COUNTY discloses to CONTRACTOR or CONTRACTOR creates, receives, maintains, or transmits on behalf of COUNTY must have installed and actively use comprehensive anti-virus software solution with automatic updates scheduled at least daily.

  • Product Warranty Seller provides general warranties of fitness and general warranties that the goods are free from defects, for 1 year from acceptance of the goods, except as may otherwise be set forth in the Description/Proposal, or other attached warranty.

  • Third Party Software 1. The Software may contain third party software that requires and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions are located at xxxx://xxx.xxxxxxxxx.xxx/thirdparty/index.html and are made a part of and incorporated by reference into this XXXX. By accepting this XXXX, You are also accepting the additional terms and conditions, if any, set forth therein.

  • Manufacturer’s Warranty The Goods include the manufacturer’s standard limited parts warranty to replace defective parts covered under such warranty exclusive of labor. Labor is warranted by the Elevator Contractor for 90 days following installation. The manufacturer’s parts warranty may require that the Goods be maintained throughout the warranty period by an authorized manufacturer’s representative under a separate maintenance contract. Any warranty is conditioned on written notice to the Elevator Contractor within warranty period and contingent upon receipt of final payment to Elevator Contractor.

  • Service Warranty Provider has carefully examined and analyzed the provisions of this Agreement, including but not limited to all exhibits attached and incorporated into it, and can and will perform, or cause, the Services to be performed in strict accordance with the provisions and requirements of the Agreement. Services will be performed in a timely, professional and workmanlike manner in accordance with all applicable industry and professional standards.

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