Common use of Third Party Products Clause in Contracts

Third Party Products. 12.1 Third-party products provided to you by NCR Voyix for use with your subscription to the Service are subject to any terms provided by their supplier, including but not limited to those terms and conditions set forth in the exhibits attached hereto. Third-party terms and conditions are subject to change at any time by the supplier, and you agree that your use of such third-party products and services is governed by such supplier’s terms and conditions. You hereby release NCR Voyix from any and all liability associated with any damages or claims arising out of or related to third-party products. UNLESS NCR Xxxxx SPECIFICALLY AGREES OTHERWISE IN WRITING, YOU ACKNOWLEDGE AND AGREE THAT SUCH THIRD-PARTY PRODUCTS ARE PROVIDED “AS-IS” WITHOUT A WARRANTY FROM NCR Voyix. ACCORDINGLY, NCR Voyix EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATURE WITH RESPECT TO ANY SUCH THIRD-PARTY PRODUCTS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS. 12.2 Third-party products and services may be advertised or made available to you for purchase directly from their supplier by email or other electronic communications, including notifications made through the Service or the Account Portal. Any representations or warranties that may be provided in connection with any such third-party products or services are provided solely by their supplier. NCR Voyix will not be responsible for any of your dealings or interactions with any of those third-party suppliers.

Appears in 79 contracts

Samples: Merchant Agreement, Merchant Agreement, Merchant Agreement

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Third Party Products. ility 12.1 Third-party products provided to you by NCR Voyix for use with your subscription to the Service are subject to any terms provided by their supplier, including but not limited to those terms and conditions set forth in the exhibits attached hereto. Third-party terms and conditions are subject to change at any time by the supplier, and you agree that your use of such third-party products and services is governed by such supplier’s terms and conditions. You hereby release NCR Voyix from any and terYomusherebaynreldeasecNCoRnVdoyiixtfroimoanny san.d all liability associated with any damages or claims arising out of or related to third-party products. UNLESS NCR Xxxxx SPECIFICALLY AGREES OTHERWISE IN WRITING, YOU ACKNOWLEDGE AND AGREE THAT SUCH THIRD-PARTY PRODUCTS ARE PROVIDED “AS-IS” WITHOUT IS”WITHOUT A WARRANTY FROM NCR Voyix. ACCORDINGLY, NCR Voyix EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATURE WITH RESPECT TO ANY SUCH THIRD-PARTY PRODUCTS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS. 12.2 Third-party products and services may be advertised or made available to you for purchase directly from their supplier by email or other electronic communications, including notifications made through the Service or the Account Portal. Any representations or warranties that may be provided in connection with any such third-party products or services are provided solely by their supplier. NCR Voyix will not be responsible for any of your dealings or interactions with any of those third-party suppliers.

Appears in 15 contracts

Samples: Merchant Agreement, Merchant Agreement, Merchant Agreement

Third Party Products. ility 12.1 Third-party products provided to you by NCR Voyix for use with your subscription to the Service are subject to any terms provided by their supplier, including but not limited to those terms and conditions set forth in the exhibits attached hereto. Third-party terms and conditions are subject to change at any time by the supplier, and you agree that your use of such third-party products and services is governed by such supplier’s terms and conditionssuppliernd’cosndititones. You hereby rYomusherebay release NCR Voyix from any and all liability associated with any damages or claims arising out of or related to third-party products. UNLESS NCR Xxxxx SPECIFICALLY AGREES OTHERWISE IN WRITING, YOU ACKNOWLEDGE AND AGREE THAT SUCH THIRD-PARTY PRODUCTS ARE PROVIDED “AS-IS” WITHOUT IS”WITHOUT A WARRANTY FROM NCR Voyix. ACCORDINGLY, NCR Voyix EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATURE WITH RESPECT TO ANY SUCH THIRD-PARTY PRODUCTS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS. 12.2 Third-party products and services may be advertised or made available to you for purchase directly from their supplier by email or other electronic communications, including notifications made through the Service or the Account Portal. Any representations or warranties that may be provided in connection with any such third-party products or services are provided solely by their supplier. NCR Voyix will not be responsible for any of your dealings or interactions with any of those third-party suppliers.

Appears in 13 contracts

Samples: Merchant Agreement, Merchant Agreement, Merchant Agreement

Third Party Products. 12.1 Third-party products provided to you by NCR Voyix for use with your subscription to the Service are subject to any terms provided by their supplier, including but not limited to those terms and conditions set forth in the exhibits attached hereto. Third-party terms and conditions are subject to change at any time by the supplier, and you agree that your use of such third-party products and services is governed by such supplier’s terms and conditions. You hereby release NCR Voyix from any and VXSSOLHU¶V WHUYoPuVhe rebDyQrelGea seFNCRRQVGoyLixWfroLmRanQy Van d all liability associated with any damages or claims arising out of or related to third-party products. UNLESS NCR Xxxxx Voyix SPECIFICALLY AGREES OTHERWISE IN WRITING, YOU ACKNOWLEDGE AND AGREE THAT SUCH THIRD-PARTY PRODUCTS ARE PROVIDED “AS³AS-IS” WITHOUT IS´WITHOUT A WARRANTY FROM NCR Voyix. ACCORDINGLY, NCR Voyix EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATURE WITH RESPECT TO ANY SUCH THIRD-PARTY PRODUCTS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS. 12.2 Third-party products and services may be advertised or made available to you for purchase directly from their supplier by email or other electronic communications, including notifications made through the Service or the Account Portal. Any representations or warranties that may be provided in connection with any such third-party products or services are provided solely by their supplier. NCR Voyix will not be responsible for any of your dealings or interactions with any of those third-party suppliers.

Appears in 4 contracts

Samples: Merchant Agreement, Merchant Agreement, Merchant Agreement

Third Party Products. i l i t y 12.1 Third-party products provided to you by NCR Voyix for use with your subscription to the Service are subject to any terms provided by their supplier, including but not limited to those terms and conditions set forth in the exhibits attached hereto. Third-party terms and conditions are subject to change at any time by the supplier, and you agree that your use of such third-party products and services is governed by such supplier’s terms and conditions. You hereby release NCR Voyix from any and s u p p l i e r ’ s t e rYomusherebaynreldeasecNCo RnVdoyiixtfroi moany san.d all liability associated with any damages or claims arising out of or related to third-party products. UNLESS NCR Xxxxx SPECIFICALLY AGREES OTHERWISE IN WRITING, YOU ACKNOWLEDGE AND AGREE THAT SUCH THIRD-PARTY PRODUCTS ARE PROVIDED “AS-IS” WITHOUT A WARRANTY FROM NCR Voyix. ACCORDINGLY, NCR Voyix EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATURE WITH RESPECT TO ANY SUCH THIRD-PARTY PRODUCTS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS. 12.2 Third-party products and services may be advertised or made available to you for purchase directly from their supplier by email or other electronic communications, including notifications made through the Service or the Account Portal. Any representations or warranties that may be provided in connection with any such third-party products or services are provided solely by their supplier. NCR Voyix will not be responsible for any of your dealings or interactions with any of those third-party suppliers.

Appears in 3 contracts

Samples: Merchant Agreement, Merchant Agreement, Merchant Agreement

Third Party Products. 12.1 Third-party products provided to you by NCR Voyix for use The Services may permit integration with your subscription to the Service are subject to any terms provided by their supplier, including but not limited to those terms and conditions set forth in the exhibits attached hereto. Third-party terms and conditions are subject to change at any time by the supplier, and you agree that your use of such certain third-party products offerings including apps, browsers, software and/or services (“Third-Party Products”) which You may access through the Services. Your use of Third-Party Products is in Your sole discretion, and services is governed by Xxxxxx does not warrant, guarantee or support such supplier’s Third-Party Products. Kandji cannot guarantee the continued availability of such integrations and may cease providing them without entitling You to any refund, credit, or other compensation, if for example and without limitation, the provider of a Third-Party Product ceases to make the Third-Party Product available for interoperation with the corresponding Services’ features in a manner acceptable to Kandji. The terms of use, terms of service, end user license agreement or other terms or conditions of any Third-Party Product, including, without limitation, registration, payment of fees and conditions. exchange of data between You hereby release NCR Voyix from any and all liability associated with any damages or claims arising out of or related to the third-party productsprovider, is solely between You and the applicable third party. UNLESS NCR Xxxxx SPECIFICALLY AGREES OTHERWISE IN WRITING, YOU ACKNOWLEDGE AND AGREE THAT SUCH THIRD-PARTY PRODUCTS ARE PROVIDED “AS-IS” WITHOUT A WARRANTY FROM NCR Voyix. ACCORDINGLY, NCR Voyix EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATURE WITH RESPECT TO ANY SUCH THIRD-PARTY PRODUCTS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS. 12.2 You will not use the Services in a manner which violates or breaches any Third-party products Party Product terms. If You elect to use a Third-Party Product with the Services, You xxxxx Xxxxxx permission to allow the Third-Party Product and services may be advertised its provider to access Your Data as required for the use of that product with the Services. Xxxxxx is not responsible for any disclosure, modification, or made available to you for purchase directly deletion of Your Data resulting from their supplier by email or other electronic communications, including notifications made through the Service or the Account Portal. Any representations or warranties that may be provided in connection with any such access by third-party products providers. Kandji cannot guarantee the continued availability of any Third-Party Products; for example, if the provider of any Third-Party Product ceases to make the Third- Party Product available for use through the Services on reasonable terms, Kandji may cease providing such Services’ features and such cessation of any or services are provided solely by their supplierall of the Services features shall not entitle You to any refund, credit, or other compensation. NCR Voyix will Xxxxxx is not be responsible for any disclosure, modification or deletion of your dealings Your Data resulting from access by any Third-Party Product or interactions with any of those its provider. If You receive notice that a Third-Party Product must be removed, modified and/or disabled to avoid violating applicable law or third-party suppliersrights, You will promptly do so. If You do not take the required action in accordance with the above, or if in Xxxxxx’s judgment continued violation is likely to reoccur, Xxxxxx may disable the Services and/or Third-Party Product.

Appears in 2 contracts

Samples: Master Subscription Agreement, Master Subscription Agreement

Third Party Products. 12.1 Third-4.1. MAINLINE warrants that it is an authorized remarketer of any Third Party Products. For all Third Party Products, the applicable third party products provided will be the party responsible for providing the Third Party Products to you by NCR Voyix for use with your subscription CLIENT and CLIENT will look solely to the Service are subject third party for any loss, claims or damages arising from or related to the provision of such Third Party Products. CLIENT acknowledges that the Equipment may include Third Party Products in which MAINLINE has no ownership or other proprietary rights and no title thereto shall be transferred hereunder. Any Third Party Products’ agreement shall be separate and distinct from these Terms, and MAINLINE and its assigns shall not have any terms provided rights or obligations thereunder or with respect to such Third Party Products. To the extent permitted by their supplierthe third party provider’s terms, including but not limited if CLIENT cancels any Third Party Product during the term of the Third Party Product order, MAINLINE reserves the right to those apply cancelation fees and/or administrative expenses associated with the cancelation of the Third Party Product. 4.2. CLIENT acknowledges and agrees that XXXXXXXX’s acceptance of CLIENT’s order for Third Party Products is contingent upon CLIENT executing the applicable third party’s required terms and conditions set forth in within thirty (30) days of placing the exhibits attached heretoorder for Third Party Products with MAINLINE. Third-party If CLIENT fails to execute the applicable third party’s required terms and conditions are subject within such thirty (30) day period, MAINLINE reserves the right, at its option, to change at any time either (i) reject CLIENT’s order, or (ii) cancel CLIENT’s order and refund amounts paid by the supplier, and you agree that your use of CLIENT to MAINLINE for such third-party products and services is governed by such supplier’s terms and conditions. You hereby release NCR Voyix from any and all liability associated with any damages or claims arising out of or related to third-party products. UNLESS NCR Xxxxx SPECIFICALLY AGREES OTHERWISE IN WRITING, YOU ACKNOWLEDGE AND AGREE THAT SUCH THIRD-PARTY PRODUCTS ARE PROVIDED “AS-IS” WITHOUT A WARRANTY FROM NCR Voyix. ACCORDINGLY, NCR Voyix EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATURE WITH RESPECT TO ANY SUCH THIRD-PARTY PRODUCTS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTSThird Party Products. 12.2 Third-party products and services may be advertised or made available to you for purchase directly from their supplier by email or other electronic communications, including notifications made through the Service or the Account Portal. Any representations or warranties that may be provided in connection with any such third-party products or services are provided solely by their supplier. NCR Voyix will not be responsible for any of your dealings or interactions with any of those third-party suppliers.

Appears in 2 contracts

Samples: Terms and Conditions of Sale, Terms and Conditions of Sale

Third Party Products. 12.1 Third-party products provided to you by NCR Voyix for use with your subscription to the Service are subject to any terms provided by their supplier, including but not limited to those terms and conditions set forth in the exhibits attached hereto. Third-party terms and conditions are subject to change at any time by the supplier, and you agree that your use of such third-party products and services is governed by such supplier’s terms and conditionsVXSSOLHUnd¶coVnd itiWonHs. You hereby UYoPu Vhe rebDy release NCR Voyix from any and all liability associated with any damages or claims arising out of or related to third-party products. UNLESS NCR Xxxxx Voyix SPECIFICALLY AGREES OTHERWISE IN WRITING, YOU ACKNOWLEDGE AND AGREE THAT SUCH THIRD-PARTY PRODUCTS ARE PROVIDED “AS³AS-IS” WITHOUT IS´WITHOUT A WARRANTY FROM NCR Voyix. ACCORDINGLY, NCR Voyix EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATURE WITH RESPECT TO ANY SUCH THIRD-PARTY PRODUCTS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS. 12.2 Third-party products and services may be advertised or made available to you for purchase directly from their supplier by email or other electronic communications, including notifications made through the Service or the Account Portal. Any representations or warranties that may be provided in connection with any such third-party products or services are provided solely by their supplier. NCR Voyix will not be responsible for any of your dealings or interactions with any of those third-party suppliers.

Appears in 2 contracts

Samples: Merchant Agreement, Merchant Agreement

Third Party Products. 12.1 Third-MobileIron resells licenses to certain third party software or services as identified on the applicable Price List (“Third Party Products”), which products provided to you by NCR Voyix for use with your subscription to the Service are subject to separate agreements with the applicable third party suppliers (“Third Party Product Terms”). Third Party Product Terms are available for review at xxxx://xxx.xxxxxxxxxx.xxx/legal/thirdpartyterms (or other URL designated by MobileIron) or, if applicable, are negotiated and executed by and between the applicable third party supplier and Customer. If Customer purchases any Third Party Products, Customer acknowledges and agrees that it is bound by the applicable Third Party Product Terms. For purchases of Third Party Products directly from MobileIron, the payment-related terms provided by their supplier, including but not limited applicable to those terms and conditions a SaaS Product shall apply equally to the Third Party Products. Except as otherwise expressly set forth in this subsection (d), this Agreement shall not apply to the exhibits attached hereto. Third-party terms Third Party Products and conditions are subject to change at any time by the supplierCustomer acknowledges and agrees that MobileIron disclaims all warranties, indemnities, obligations, and you agree that your use of such third-party products and services is governed by such supplier’s terms and conditions. You hereby release NCR Voyix from any and all liability associated with any damages or claims arising out of or related to third-party products. UNLESS NCR Xxxxx SPECIFICALLY AGREES OTHERWISE IN WRITING, YOU ACKNOWLEDGE AND AGREE THAT SUCH THIRD-PARTY PRODUCTS ARE PROVIDED “AS-IS” WITHOUT A WARRANTY FROM NCR Voyix. ACCORDINGLY, NCR Voyix EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATURE WITH RESPECT TO ANY SUCH THIRD-PARTY PRODUCTS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS. 12.2 Third-party products and services may be advertised or made available to you for purchase directly from their supplier by email or other electronic communications, including notifications made through the Service or the Account Portal. Any representations or warranties that may be provided liabilities in connection with any Third Party Product. If support and maintenance is offered for a specific Third Party Product and Customer purchases directly from MobileIron, MobileIron’s sole and exclusive obligation is to distribute any applicable Third Party Product error correction, update, upgrade and other release provided to MobileIron for customers purchasing support and maintenance and/or to provide any first-line technical support as described in MobileIron’s published documentation for such thirdsupport and maintenance offering. IN NO EVENT SHALL MOBILEIRON’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY THIRD PARTY PRODUCT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STATUTE, TORT OR OTHERWISE, (I) EXCEED THE AMOUNTS RECEIVED BY MOBILEIRON FOR THE APPLICABLE THIRD PARTY PRODUCT AND (II) WITH RESPECT TO THE SUPPORT AND MAINTENANCE SERVICES RELATED THERETO (IF ANY), EXCEED ANY AMOUNTS RECEIVED BY MOBILEIRON FOR THE APPLICABLE SUPPORT AND MAINTENANCE SERVICES IN THE THEN-party products or services are provided solely by their supplier. NCR Voyix will not be responsible for any of your dealings or interactions with any of those third-party suppliersCURRENT TERM.

Appears in 1 contract

Samples: Resale Agreement (Mobile Iron, Inc.)

Third Party Products. 12.1 Third-A. HSMS distributes certain third party products provided to you by NCR Voyix for use hardware, software, supplies and/or services which Client may acquire from HSMS with your subscription to the Service are subject to any terms provided by their supplieror without HSMS’ help in identification, including evaluation or selection (“Third Party Products”), including, but not limited to to, those terms and conditions set forth in the exhibits attached heretoThird Party Products listed at xxxxx://xxx.xxxxxxx.xxx/library/Content/legal/third-party.htm. Third-party terms and conditions are subject to change at any time by the supplier, and you agree that your use of such third-party products and services is governed by such supplier’s terms and conditions. You hereby release NCR Voyix from any and all liability associated with any damages or claims arising out of or related to third-party products. UNLESS NCR Xxxxx SPECIFICALLY AGREES OTHERWISE IN WRITING, YOU ACKNOWLEDGE AND AGREE THAT SUCH THIRD-PARTY PRODUCTS ARE PROVIDED “AS-IS” WITHOUT A WARRANTY FROM NCR Voyix. ACCORDINGLY, NCR Voyix EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATURE WITH RESPECT TO ANY SUCH THIRD-PARTY PRODUCTS, WHETHER ORAL OR WRITTENHSMS PROVIDES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED WITH RESPECT TO THIRD PARTY PRODUCTS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITYNON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The sole warranty for Third Party Products purchased through HSMS is the warranty, if any, offered by the third party manufacturer. Client acknowledges that it may be required to enter into a subscription or other agreement with the manufacturer of such Third Party Products. B. UNLESS OTHERWISE SPECIFICALLY AGREED TO IN WRITING BY HSMS, HSMS IS NOT RESPONSIBLE FOR, AND NON-INFRINGEMENT EXPRESSLY DISCLAIMS ANY LIABILITY FOR, THE PERFORMANCE, QUALITY OR RELIABILITY OF THIRD PARTY PRODUCTS, OR CLIENT’S CHOICE OF A PARTICULAR MANUFACTURER FROM WHICH TO PURCHASE THIRD PARTY PRODUCTS, AND NO CLAIM CLIENT MAY HAVE WITH RESPECT TO THIRD PARTY PRODUCTS PURCHASED FROM HSMS SHALL AFFECT CLIENT’S OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, CLIENT’S PAYMENT OBLIGATIONS) TO HSMS FOR THE SOFTWARE OR SERVICES OR SUPPORT, MAINTENANCE AND OTHER SERVICES, INCLUDING PROFESSIONAL SERVICES, FURNISHED BY HSMS TO CLIENT. CLIENT ACKNOWLEDGES THAT ANY THIRD-CLAIMS IT MAY HAVE IN CONNECTION WITH THIRD PARTY RIGHTSPRODUCTS, AND ANY REMEDIES FOR SUCH CLAIMS, SHALL BE BROUGHT SOLELY AGAINST, OR SOUGHT SOLELY FROM, THE MANUFACTURERS OF SUCH THIRD PARTY PRODUCTS AND NOT HSMS. 12.2 Third-party products C. The Services may incorporate, access, or otherwise contain certain Ingenix, Inc. (“Ingenix”) products, including, without limitation, CPT codes (the “Ingenix Products”) pursuant to a license agreement between HSMS and services may be advertised or made available to you for purchase directly from their supplier by email or other electronic communications, including notifications made through Ingenix. If the Service or Services contains Ingenix Products then the Account Portal. Any representations or warranties that may be provided in connection with any such third-party products or services are provided solely by their supplier. NCR Voyix will not be responsible for any of your dealings or interactions with any of those third-party suppliers.following provisions apply:

Appears in 1 contract

Samples: Subscription Agreement

Third Party Products. 12.1 Third-party products provided to you by NCR Voyix for use The Services may permit integration with your subscription to the Service are subject to any terms provided by their supplier, including but not limited to those terms and conditions set forth in the exhibits attached hereto. Third-party terms and conditions are subject to change at any time by the supplier, and you agree that your use of such certain third-party products offerings including apps, browsers, software and/or services (“Third-Party Products”) which You may access through the Services. Your use of Third-Party Products is in Your sole discretion, and services is governed by Kandji does not warrant, guarantee or support such supplier’s Third-Party Products. Kandji cannot guarantee the continued availability of such integrations and may cease providing them without entitling You to any refund, credit, or other compensation, if for example and without limitation, the provider of a Third-Party Product ceases to make the Third-Party Product available for interoperation with the corresponding Services’ features in a manner acceptable to Kandji. The terms of use, terms of service, end user license agreement or other terms or conditions of any Third-Party Product, including, without limitation, registration, payment of fees and conditions. exchange of data between You hereby release NCR Voyix from any and all liability associated with any damages or claims arising out of or related to the third-party productsprovider, is solely between You and the applicable third party. UNLESS NCR Xxxxx SPECIFICALLY AGREES OTHERWISE IN WRITING, YOU ACKNOWLEDGE AND AGREE THAT SUCH THIRD-PARTY PRODUCTS ARE PROVIDED “AS-IS” WITHOUT A WARRANTY FROM NCR Voyix. ACCORDINGLY, NCR Voyix EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATURE WITH RESPECT TO ANY SUCH THIRD-PARTY PRODUCTS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS. 12.2 You will not use the Services in a manner which violates or breaches any Third-party products Party Product terms. If You elect to use a Third-Party Product with the Services, You xxxxx Xxxxxx permission to allow the Third-Party Product and services may be advertised its provider to access Your Data as required for the use of that product with the Services. Kandji is not responsible for any disclosure, modification, or made available to you for purchase directly deletion of Your Data resulting from their supplier by email or other electronic communications, including notifications made through the Service or the Account Portal. Any representations or warranties that may be provided in connection with any such access by third-party products providers. Kandji cannot guarantee the continued availability of any Third-Party Products; for example, if the provider of any Third-Party Product ceases to make the Third- Party Product available for use through the Services on reasonable terms, Kandji may cease providing such Services’ features and such cessation of any or services are provided solely by their supplierall of the Services features shall not entitle You to any refund, credit, or other compensation. NCR Voyix will Kandji is not be responsible for any disclosure, modification or deletion of your dealings Your Data resulting from access by any Third-Party Product or interactions with any of those its provider. If You receive notice that a Third-Party Product must be removed, modified and/or disabled to avoid violating applicable law or third-party suppliersrights, You will promptly do so. If You do not take the required action in accordance with the above, or if in Kandji’s judgment continued violation is likely to reoccur, Kandji may disable the Services and/or Third-Party Product.

Appears in 1 contract

Samples: Master Subscription Agreement

Third Party Products. 12.1 Third-A. HSMS distributes certain third party products provided to you by NCR Voyix for use hardware, software, supplies and/or services which Client may acquire from HSMS or elsewhere with your subscription to the Service are subject to any terms provided by their supplieror without HSMS’s help in identification, including evaluation or selection, (“Third Party Products”) including, but not limited to to, those terms and conditions set forth in the exhibits attached hereto. Third-party terms and conditions are subject to change Third Party Products listed at any time by the supplier, and you agree that your use of such third-party products and services is governed by such supplier’s terms and conditions. You hereby release NCR Voyix from any and all liability associated with any damages or claims arising out of or related to third-party products. UNLESS NCR Xxxxx SPECIFICALLY AGREES OTHERWISE IN WRITING, YOU ACKNOWLEDGE AND AGREE THAT SUCH THIRD-PARTY PRODUCTS ARE PROVIDED “AS-IS” WITHOUT A WARRANTY FROM NCR Voyix. ACCORDINGLY, NCR Voyix EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATURE WITH RESPECT TO ANY SUCH THIRD-PARTY PRODUCTS, WHETHER ORAL OR WRITTENxxxxx://xxx.xxxxxxx.xxx/library/Content/legal/third-party.htm HSMS PROVIDES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED WITH RESPECT TO THIRD PARTY PRODUCTS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITYNON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The sole warranty for Third Party Products purchased through HSMS is the warranty, if any, offered by the third party manufacturer. Client acknowledges that it may be required to enter into a license or other agreement with the manufacturer of such Third Party Products. B. UNLESS OTHERWISE SPECIFICALLY AGREED TO IN WRITING BY HSMS, HSMS IS NOT RESPONSIBLE FOR, AND NON-INFRINGEMENT EXPRESSLY DISCLAIMS ANY LIABILITY FOR, THE PERFORMANCE, QUALITY OR RELIABILITY OF THIRD PARTY PRODUCTS, OR CLIENT’S CHOICE OF A PARTICULAR MANUFACTURER FROM WHICH TO PURCHASE THIRD PARTY PRODUCTS, AND NO CLAIM CLIENT MAY HAVE WITH RESPECT TO THIRD PARTY PRODUCTS PURCHASED FROM HSMS SHALL AFFECT CLIENT’S OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, CLIENT’S PAYMENT OBLIGATIONS) TO HSMS FOR THE SOFTWARE OR SUPPORT, MAINTENANCE AND OTHER SERVICES, INCLUDING PROFESSIONAL SERVICES, FURNISHED BY HSMS TO CLIENT. CLIENT ACKNOWLEDGES THAT ANY THIRD-CLAIMS IT MAY HAVE IN CONNECTION WITH THIRD PARTY RIGHTSPRODUCTS, AND ANY REMEDIES FOR SUCH CLAIMS, SHALL BE BROUGHT SOLELY AGAINST, OR SOUGHT SOLELY FROM, THE MANUFACTURERS OF SUCH THIRD PARTY PRODUCTS AND NOT HSMS. 12.2 Third-party products C. The Software may incorporate, access, or otherwise contain certain Ingenix, Inc. (“Ingenix”) products, including, without limitation, CPT codes (the “Ingenix Products”) pursuant to a license agreement between HSMS and services may be advertised or made available to you for purchase directly from their supplier by email or other electronic communications, including notifications made through Ingenix. If the Service or Software contains Ingenix Products then the Account Portal. Any representations or warranties that may be provided in connection with any such third-party products or services are provided solely by their supplier. NCR Voyix will not be responsible for any of your dealings or interactions with any of those third-party suppliers.following provisions apply:

Appears in 1 contract

Samples: End User License Agreement

Third Party Products. 12.1 Third-The above Limited Warranty is exclusive of products manufactured by parties other than the manufacturer of the Station ("Third Party Products"). If such third party products provided to you by NCR Voyix for use manufacturers provide a separate warranty with your subscription respect to the Service are subject to any terms provided by their supplierThird Party Product, including but not limited to those terms and conditions set forth ACDI Energy Services will include such warranty in the exhibits attached heretopackaging of the Station. Third-party terms and conditions are subject to change at any time by the supplierTHE LIMITED WARRANTY SET FORTH ABOVE IS EXCLUSIVE AND NO OTHER WARRANTY, and you agree that your use of such third-party products and services is governed by such supplier’s terms and conditions. You hereby release NCR Voyix from any and all liability associated with any damages or claims arising out of or related to third-party products. UNLESS NCR Xxxxx SPECIFICALLY AGREES OTHERWISE IN WRITINGWRITTEN OR ORAL, YOU ACKNOWLEDGE AND AGREE THAT SUCH THIRD-PARTY PRODUCTS ARE PROVIDED “AS-IS” WITHOUT A WARRANTY FROM NCR Voyix. ACCORDINGLY, NCR Voyix EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATURE WITH RESPECT TO ANY SUCH THIRD-PARTY PRODUCTS, WHETHER ORAL OR WRITTEN, EXPRESS IS EXPRESSED OR IMPLIED. THERE ARE NO OTHER WARRANTIES PROVIDED UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES WITHOUT LIMITATION ANY WARRANTY OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF ACDI ENERGY SERVICES OR DISTRIBUTOR HAS BEEN INFORMED OF SUCH PURPOSE) OR AGAINST INFRINGEMENT. Some states or jurisdictions do not allow the exclusion of express or implied warranties so this exclusion may not apply to you. IF ANY IMPLIED WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN SUCH IMPLIED WARRANTY SHALL BE LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD DESCRIBED ABOVE. NO WARRANTIES APPLY AFTER THE WARRANTY PERIOD. Some states or jurisdictions do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to you. NO RESELLER OR AGENT OF ACDI ENERGY SERVICES IS AUTHORIZED TO ALTER OR EXCEED THE WARRANTY OBLIGATIONS OF ACDI ENERGY SERVICES. ACDI ENERGY SERVICES SPECIFICALLY DOES NOT WARRANT THAT ANY SOFTWARE WILL BE ERROR FREE OR WILL OPERATE WITHOUT INTERRUPTION. THE REMEDIES IN THIS LIMITED PRODUCT WARRANTY ARE YOUR SOLE AND NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTSEXCLUSIVE REMEDIES. 12.2 Third-party products and services may be advertised or made available to you for purchase directly from their supplier by email or other electronic communications, including notifications made through the Service or the Account Portal. Any representations or warranties that may be provided in connection with any such third-party products or services are provided solely by their supplier. NCR Voyix will not be responsible for any of your dealings or interactions with any of those third-party suppliers.

Appears in 1 contract

Samples: Limited Product Warranty

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Third Party Products. 12.1 Third-party products provided to you by NCR Voyix for use with your subscription to the Service are subject to any terms provided by their supplier, including but not limited to those terms and conditions set forth in the exhibits attached hereto1. Third-party terms and conditions Party Products are subject to change at sold“AS IS,” without warranty of any time by the supplierkind. MICROCHIPDISCLAIMS ALL WARRANTIES, and you agree that your use of such third-party products and services is governed by such supplier’s terms and conditions. You hereby release NCR Voyix from any and all liability associated with any damages or claims arising out of or related to third-party products. UNLESS NCR Xxxxx SPECIFICALLY AGREES OTHERWISE IN WRITINGCONDITIONS, YOU ACKNOWLEDGE AND AGREE THAT SUCH THIRD-PARTY PRODUCTS ARE PROVIDED “AS-IS” WITHOUT A WARRANTY FROM NCR Voyix. ACCORDINGLYSTIPULATIONS, NCR Voyix EXPRESSLY DISCLAIMS ALL WARRANTIES STATEMENTS, TERMS, OR UNDERTAKINGS OF ANY NATURE WITH RESPECT KIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE RELATING TO ANY SUCH THE THIRD-PARTY PRODUCTS, WHETHER ORAL OR WRITTENINCLUDING, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY RELATED TO THE IMPLIED WARRANTIES OF THEIR PERFORMANCE, CONDITION, QUALITY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, AND NON-INFRINGEMENT OF NO WARRANTY APPLIES TO ANY THIRD-PARTY RIGHTSPRODUCT’S INTERACTION WITH MICROCHIP’S PRODUCTS, COMBINATION WITH ANY OTHER PRODUCTS, OR USE IN ANY APPLICATION. 12.2 2. Third-Party Goods soldthrough Microchip Purchasing and Client Servicesmight be coveredunder the manufacturer’s warranty providedwith those Third-Party Goods. Unless Microchip, via its websites, states otherwise for specific Third- Party Products, Customer should contact the third-party products provider directly for all support after the sale, including technical support and services warranty issues. If Customer does not receive information with the Third-Party Products to enable it to contact the third- party provider, Customer may be advertised contact Microchipand Microchip will provide Customer with the third-party provider’s contact information. For Customer to obtain technical support for any Third-Party Goods, Customer may need to purchase the applicable Third-Party Services, if available. Customerexpressly acknowledges that even if Microchipprovides any technical support for any Third-Party Product, Microchip has no obligation to modify, test, certify, or made available continue to you for purchase directly from their supplier by email support it. Without limiting the generality of the provisions in Section 9(C)(1), any technical support that Microchipor a third party providesmay not resolve any defects or other electronic communicationsissues in connection with the Third-Party Product. With respect to any Third-Party Product that is software, it is Customer’s obligation to comply with any use and distribution requirements determined by the licensor and any relatedlicense terms (including notifications made through the Service license terms for any open source or the Account Portal. Any representations or warranties free software that may be provided in connection with any such third-party products or services are provided solely by their supplier. NCR Voyix will not be responsible for any of your dealings or interactions with any of those third-party suppliersincorporated into the software).

Appears in 1 contract

Samples: Terms and Conditions of Sale

Third Party Products. 12.1 Third-The above Limited Warranty and Extended Warranty are exclusive of products manufactured by third parties (“Third Party Products”). If such third party products provided to you by NCR Voyix for use manufacturers provide a separate warranty with your subscription respect to the Service are subject to any terms provided by their supplierThird Party Product, including but not limited to those terms and conditions set forth SEMACONNECT will include such warranty in the exhibits attached heretopackaging of the Station. Third-party terms and conditions are subject to change at any time by the supplierTHE LIMITED WARRANTY SET FORTH ABOVE IS EXCLUSIVE AND NO OTHER WARRANTY, and you agree that your use of such third-party products and services is governed by such supplier’s terms and conditions. You hereby release NCR Voyix from any and all liability associated with any damages or claims arising out of or related to third-party products. UNLESS NCR Xxxxx SPECIFICALLY AGREES OTHERWISE IN WRITINGWRITTEN OR ORAL, YOU ACKNOWLEDGE AND AGREE THAT SUCH THIRD-PARTY PRODUCTS ARE PROVIDED “AS-IS” WITHOUT A WARRANTY FROM NCR Voyix. ACCORDINGLY, NCR Voyix EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATURE WITH RESPECT TO ANY SUCH THIRD-PARTY PRODUCTS, WHETHER ORAL OR WRITTEN, EXPRESS IS EXPRESSED OR IMPLIED. THERE ARE NO OTHER WARRANTIES PROVIDED UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES WITHOUT LIMITATION ANY WARRANTY OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF SEMACONNECT OR DISTRIBUTOR HAS BEEN INFORMED OF SUCH PURPOSE) OR AGAINST INFRINGEMENT. Some states or jurisdictions do not allow the exclusion of express or implied warranties so this exclusion may not apply to you. IF ANY IMPLIED WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN SUCH IMPLIED WARRANTY SHALL BE LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD DESCRIBED ABOVE. NO WARRANTIES APPLY AFTER THE TOTAL WARRANTY PERIOD. Some states or jurisdictions do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to you. NO AGENT OF SEMACONNECT IS AUTHORIZED TO ALTER OR EXCEED THE WARRANTY OBLIGATIONS OF SEMACONNECT. SEMACONNECT SPECIFICALLY DOES NOT WARRANT THAT ANY SOFTWARE WILL BE ERROR FREE OR WILL OPERATE WITHOUT INTERRUPTION. THE REMEDIES IN THIS LIMITED PRODUCT WARRANTY ARE YOUR SOLE AND NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTSEXCLUSIVE REMEDIES. 12.2 Third-party products and services may be advertised or made available to you for purchase directly from their supplier by email or other electronic communications, including notifications made through the Service or the Account Portal. Any representations or warranties that may be provided in connection with any such third-party products or services are provided solely by their supplier. NCR Voyix will not be responsible for any of your dealings or interactions with any of those third-party suppliers.

Appears in 1 contract

Samples: Limited Product Warranty

Third Party Products. 12.1 Third-13.1 Third party products provided to you by NCR Voyix for use with your subscription to the Service are subject to any terms provided by their supplier, including but not limited to those terms and conditions set forth in the exhibits attached heretohereo. Third-Third party terms and conditions are subject to change at any time by the supplier, and you agree that your use of such third-third party products and services is governed by such supplier’s terms and conditions. You hereby release NCR Voyix from any and all liability associated with any damages or claims arising out of or related to third-third party products. UNLESS NCR Xxxxx SPECIFICALLY AGREES OTHERWISE IN WRITING, YOU ACKNOWLEDGE AND AGREE THAT SUCH THIRD-THIRD PARTY PRODUCTS ARE PROVIDED “AS-IS” WITHOUT A WARRANTY FROM NCR VoyixNCR. ACCORDINGLY, NCR Voyix EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATURE WITH RESPECT TO ANY SUCH THIRD-THIRD PARTY PRODUCTS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY THIRD-THIRD PARTY RIGHTS. 12.2 Third-13.2 Third party products and services may be advertised or made available to you for purchase directly from their supplier by email or other electronic communications, including notifications made through the Service or the Account Portal. Any representations or warranties that may be provided in connection with any such third-third party products or services are provided solely by their supplier. NCR Voyix will not be responsible for any of your dealings or interactions with any of those third-third party suppliers.

Appears in 1 contract

Samples: Merchant Agreement

Third Party Products. 12.1 ThirdHigher Logic may offer Subscriber the ability to use third party applications, data sources and software services which Subscriber separately subscribes to from the third-party products provided provider (“Third Party Products”) with the Software Services. Subscriber acknowledges and agrees (i) the use of Third Party Products may require Subscriber to you by NCR Voyix for use with your subscription agree to the Service are subject to any terms provided by their supplier, including but not limited to those separate terms and conditions set forth in with the exhibits attached hereto. Third-third- party terms and conditions are subject to change at any time by provider of the supplier, and you agree that your Third Party Products which will govern Subscriber’s use of such the Third Party Products and the third party provider’s access to and use of Subscriber Data; (ii) that the interoperation Third Party Products with the Software Services will enable the third-party products provider of the Third Party Products to access Subscriber Data to the extent required for the interoperation with Software Services; and services (iii) the Third Party Products is governed made available by such supplier’s terms and conditions. You hereby release NCR Voyix from any and all liability associated with any damages or claims arising out of or related to the third-party products. UNLESS NCR Xxxxx SPECIFICALLY AGREES OTHERWISE IN WRITINGprovider, YOU ACKNOWLEDGE AND AGREE THAT SUCH THIRD-PARTY PRODUCTS ARE PROVIDED “AS-IS” WITHOUT A WARRANTY FROM NCR Voyix. ACCORDINGLYnot Higher Logic, NCR Voyix EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATURE WITH RESPECT TO ANY SUCH THIRD-PARTY PRODUCTSand, WHETHER ORAL OR WRITTENaccordingly, EXPRESS OR IMPLIEDHigher Logic is not responsible for providing any warranties or technical support for Third Party Product and is not responsible for Subscriber’s or its Users’ enablement, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITYaccess to or use of Third Party Products, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS. 12.2 Third-party products and services may nor for any damage or loss caused or alleged to be advertised caused by or made available to you for purchase directly from their supplier by email or other electronic communications, including notifications made through the Service or the Account Portal. Any representations or warranties that may be provided in connection with Subscriber’s or its Users’ enablement, access or use of, any Third Party Products. Subscriber acknowledges that operation of the Software Service may rely upon the integration and interface of the Software Services with those Third Party Products supplied and maintained by Subscriber. In the event of any change to such thirdThird Party Products or any interfaces to such Third Party Products that have been supplied or maintained by Subscriber, the Software Services may cease to integrate with such Third Party Products. Higher Logic agrees to undertake commercially reasonable efforts to update, modify and/or adapt the Software Services to re-party products enable such integration after a change; provided, that (i) Subscriber agrees to provide Higher Logic with as much advance notice as possible of a change, but in any event at least 60 days prior notice, and (ii) if Higher Logic will incur engineering time or services are provided solely by their supplier. NCR Voyix cost, Higher Logic and Subscriber will not be responsible enter into a Statement of Work pursuant to Section 1.6 whereby Higher Logic will undertake such effort as Professional Services at Higher Logic’s then-current hourly rate for any of your dealings or interactions with any of those third-party supplierssuch Professional Services.

Appears in 1 contract

Samples: Master Subscription Agreement

Third Party Products. 12.1 Third-13.1 Third party products provided to you by NCR Voyix for use with your subscription to the Service are subject to any terms provided by their supplier, including but not limited to those terms and conditions set forth in the exhibits attached hereto. Third-Third party terms and conditions are subject to change at any time by the supplier, and you agree that your use of such third-third party products and services is governed by such supplier’s terms and conditions. You hereby release NCR Voyix from any and all liability associated with any damages or claims arising out of or related to third-third party products. UNLESS NCR Xxxxx SPECIFICALLY AGREES OTHERWISE IN WRITING, YOU ACKNOWLEDGE AND AGREE THAT SUCH THIRD-THIRD PARTY PRODUCTS ARE PROVIDED “AS-IS” WITHOUT A WARRANTY FROM NCR VoyixNCR. ACCORDINGLY, NCR Voyix EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATURE WITH RESPECT TO ANY SUCH THIRD-THIRD PARTY PRODUCTS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY THIRD-THIRD PARTY RIGHTS. 12.2 Third-13.2 Third party products and services may be advertised or made available to you for purchase directly from their supplier or by email or other electronic communications, including notifications made through the Service or the NCR Silver Account Portal. Any representations or warranties that may be provided in connection with any such third-third party products or services are provided solely by their supplier. NCR Voyix will not be responsible for any of your dealings or interactions with any of those third-third party suppliers.

Appears in 1 contract

Samples: Merchant Agreement

Third Party Products. 12.1 Third-(i) HS1 distributes certain third party products provided to you by NCR Voyix for use hardware, software, supplies and/or services which You may acquire from HS1 (“Third Party Products”) with your subscription to the Service are subject to any terms provided by their supplieror without HS1’s help in identification, including but not limited to those terms and conditions set forth in the exhibits attached hereto. Third-party terms and conditions are subject to change at any time by the supplier, and you agree that your use evaluation or selection of such third-party products and services is governed by such supplier’s terms and conditionsThird Party Products. You hereby release NCR Voyix from any and all liability associated with any damages or claims arising out of or related to third-party products. UNLESS NCR Xxxxx SPECIFICALLY AGREES OTHERWISE IN WRITING, YOU ACKNOWLEDGE AND AGREE THAT SUCH THIRD-PARTY PRODUCTS ARE PROVIDED “AS-IS” WITHOUT A WARRANTY FROM NCR Voyix. ACCORDINGLY, NCR Voyix EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATURE WITH RESPECT TO ANY SUCH THIRD-PARTY PRODUCTS, WHETHER ORAL OR WRITTENHS1 PROVIDES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED WITH RESPECT TO THIRD PARTY PRODUCTS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITYNON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The sole warranty for Third Party Products purchased through HS1 is the warranty, if any, offered by the third party manufacturer. You acknowledge that it may be required to enter into a license or other agreement with the manufacturer of such Third Party Products. (ii) UNLESS OTHERWISE SPECIFICALLY AGREED TO IN WRITING BY XX0, XX0 IS NOT RESPONSIBLE FOR, AND NON-INFRINGEMENT EXPRESSLY DISCLAIMS ANY LIABILITY FOR, THE PERFORMANCE, QUALITY OR RELIABILITY OF THIRD PARTY PRODUCTS, OR YOUR CHOICE OF A PARTICULAR MANUFACTURER FROM WHICH TO PURCHASE THIRD PARTY PRODUCTS, AND NO CLAIM YOU MAY HAVE WITH RESPECT TO THIRD PARTY PRODUCTS PURCHASED FROM HS1 SHALL AFFECT YOUR OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, YOUR PAYMENT OBLIGATIONS) TO HS1 FOR THE SOFTWARE OR SUPPORT, MAINTENANCE AND OTHER SERVICES, INCLUDING PROFESSIONAL SERVICES, FURNISHED BY HS1 TO YOU. YOU ACKNOWLEDGE THAT ANY THIRD-CLAIMS IT MAY HAVE IN CONNECTION WITH THIRD PARTY RIGHTSPRODUCTS, AND ANY REMEDIES FOR SUCH CLAIMS, SHALL BE BROUGHT SOLELY AGAINST, OR SOUGHT SOLELY FROM, THE MANUFACTURERS OF SUCH THIRD PARTY PRODUCTS AND NOT HS1. 12.2 Third-party products and services may be advertised or made available to you for purchase directly from their supplier by email or other electronic communications, including notifications made through the Service or the Account Portal. Any representations or warranties that may be provided in connection with any such third-party products or services are provided solely by their supplier. NCR Voyix will not be responsible for any of your dealings or interactions with any of those third-party suppliers.

Appears in 1 contract

Samples: End User License Agreement

Third Party Products. 12.1 Third-13.1 Third party products provided to you by NCR Voyix for use with your subscription to the Service are subject to any terms provided by their supplier, including but not limited to those terms and conditions set forth in the exhibits attached hereto. Third-Third party terms and conditions are subject to change at any time by the supplier, and you agree that your use of such third-third party products and services is governed by such supplier’s terms and conditions. You hereby release NCR Voyix from any and all liability associated with any damages or claims arising out of or related to third-third party products. UNLESS NCR Xxxxx SPECIFICALLY AGREES OTHERWISE IN WRITING, YOU ACKNOWLEDGE AND AGREE THAT SUCH THIRD-THIRD PARTY PRODUCTS ARE PROVIDED “AS-IS” WITHOUT A WARRANTY FROM NCR VoyixNCR. ACCORDINGLY, NCR Voyix EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATURE WITH RESPECT TO ANY SUCH THIRD-THIRD PARTY PRODUCTS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY THIRD-THIRD PARTY RIGHTS. 12.2 Third-13.2 Third party products and services may be advertised or made available to you for purchase directly from their supplier by email or other electronic communications, including notifications made through the Service or the Account Portal. Any representations or warranties that may be provided in connection with any such third-third party products or services are provided solely by their supplier. NCR Voyix will not be responsible for any of your dealings or interactions with any of those third-third party suppliers.

Appears in 1 contract

Samples: Merchant Agreement

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