Unintended Use Sample Clauses

Unintended Use. PHOENIX is not responsible for problems caused by: (a) use of the Licensed Programs outside the scope of this Agreement; (b) changes in, or modifications to, the operating characteristics of any computer hardware, software or data for which the Licensed Programs are procured which were not previously authorized in writing by PHOENIX; (c) use of the Licensed Programs with data or software of third parties or with hardware which is incompatible with the Licensed Programs; (d) changes to any component of the Designated System; or (e) accident, physical, electrical or magnetic stress, unauthorized alterations, failure of electric power, environmental controls, or causes other than ordinary use. The warranties specified in this Section 6.1 are the complete warranties between PHOENIX and LBS. ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, ARE EXPRESSLY EXCLUDED. Some states do not allow exclusions of implied warranties; if the above is true, the exclusions may not apply to this Agreement. The express warranties set forth above supersede all proposals, promotions, advertisements, representations or prior warranties, verbal or written, express or implied, statutory or otherwise, and any communications between the parties relating to the subject matter of these warranties not specifically incorporated into this Agreement. No representation or statement not expressly contained in this Agreement shall be binding on PHOENIX as a warranty or otherwise.
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Unintended Use. THE SOFTWARE AND SUPPORT SERVICES ARE NEITHER INTENDED NOR WARRANTED FOR USE IN EQUIPMENTS, SYSTEMS OR APPLICATIONS THAT REQUIRE EXTRAORDINARILY HIGH LEVELS OF QUALITY AND/OR RELIABILITY, AND/OR A MALFUNCTION OR FAILURE OF WHICH MAY CAUSE LOSS OF HUMAN LIFE, BODILY INJURY AND/OR SERIOUS PROPERTY DAMAGE ("UNINTENDED USE"). Unintended Use includes, without limitation, use in connection with any nuclear, military or other life critical application.
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Unintended Use. This warranty only applies to Product that is used by professional converters for the defined end uses and in the combinations described in the applicable Xxxxx Graphics Product Data Sheets, Instructional Bulletins and ICS Performance Guarantee Durability Bulletin. For any other use, the user is responsible for determining the suitability of the Product, and for any and all risk or liability associated with that use or application, and the user agrees to indemnify, defend and hold harmless Xxxxx Graphics for any claims, losses, damages, judgments, expenses and/or expenses, including attorneys fees, resulting from such use or application. This warranty is expressly conditioned on the Product being processed by professional converters using only ICS Qualified Processing Materials in accordance with the OEM and Xxxxx Graphics recommended written processing instructions, and being applied to properly prepared surfaces and cleaned and maintained in accordance with recommended OEM and Xxxxx Graphics procedures. It is the converters or other users responsibility to perform incoming raw material quality inspections, to assure proper surface preparation and that approved application procedures are followed, to retain converted samples, and to immediately cease using and notify Xxxxx Graphics and/or its authorized agent or distributor of any Product, ICS Qualified Processing Materials and/or finished graphic discovered to be (or reasonably capable of being discovered to be) defective.
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Unintended Use. Office 365 delivered by Xxxxxx is not intended, and should not be used, for the following purposes: (a) if you are a Canadian federal or provincial government or government agency, or an employee or agent thereof; (b) if you intend to transmit data that is subject to foreign export controls; (c) if you have a license to use content that limits your usage to a particular jurisdiction, and you intend to use Office 365 delivered by Xxxxxx to access such content from outside of the intended jurisdiction; (d) if you intend to transmit data that contains Personal Health Information, as that term is defined in applicable Personal Health Information Protection legislation.
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Related to Unintended Use

  • Unauthorized Use The Participating Institutions, or the Authorized Users shall not knowingly permit anyone other than the Authorized Users to access the Licensed Materials.

  • Permitted Use (a) Tenant shall, at all times during the Term, and at any other time that Tenant shall be in possession of any Property, continuously use and operate, or cause to be used and operated, such Property as a skilled nursing/ intermediate care/independent living/assisted living/ special care/group home facility as currently operated, and any uses incidental thereto. Tenant shall not use (and shall not permit any Person to use) any Property, or any portion thereof, for any other use without the prior written consent of Landlord, which approval shall not be unreasonably withheld, delayed or conditioned. No use shall be made or permitted to be made of any Property and no acts shall be done thereon which will cause the cancellation of any insurance policy covering such Property or any part thereof (unless another adequate policy is available) or which would constitute a default under any ground lease affecting such Property, nor shall Tenant sell or otherwise provide to residents or patients therein, or permit to be kept, used or sold in or about any Property any article which may be prohibited by law or by the standard form of fire insurance policies, or any other insurance policies required to be carried hereunder, or fire underwriter’s regulations. Tenant shall, at its sole cost (except as expressly provided in Section 5.1.2(b)), comply or cause to be complied with all Insurance Requirements. Tenant shall not take or omit to take, or permit to be taken or omitted to be taken, any action, the taking or omission of which materially impairs the value or the usefulness of any Property or any part thereof for its Permitted Use. (b) In the event that, in the reasonable determination of Tenant, it shall no longer be economically practical to operate any Property as currently operated, Tenant shall give Landlord Notice thereof, which Notice shall set forth in reasonable detail the reasons therefor. Thereafter, Landlord and Tenant shall negotiate in good faith to agree on an alternative use for such Property, appropriate adjustments to the Additional Rent and other related matters; provided, however, in no event shall the Minimum Rent be reduced or abated as a result thereof. If Landlord and Tenant fail to agree on an alternative use for such Property within sixty (60) days after commencing negotiations as aforesaid, Tenant may market such Property for sale to a third party. If Tenant receives a bona fide offer (an “Offer”) to purchase such Property from a Person having the financial capacity to implement the terms of such Offer, Tenant shall give Landlord Notice thereof, which Notice shall include a copy of the Offer executed by such third party. In the event that Landlord shall fail to accept or reject such Offer within thirty (30) days after receipt of such Notice, such Offer shall be deemed to be rejected by Landlord. If Landlord shall sell the Property pursuant to such Offer, then, effective as of the date of such sale, this Agreement shall terminate with respect to such Property, and the Minimum Rent shall be reduced by an amount equal to the product of the net proceeds of sale received by Landlord multiplied by the Interest Rate. If Landlord shall reject (or be deemed to have rejected) such Offer, then, effective as of the proposed date of such sale, this Agreement shall terminate with respect to such Property, and the Minimum Rent shall be reduced by an amount equal to the product of the projected net proceeds determined by reference to such Offer multiplied by the Interest Rate.

  • Use of the Software TO THE EXTENT OF A CONFLICT BETWEEN THE PROVISIONS OF THE FOREGOING DOCUMENTS, THE ORDER OF PRECEDENCE SHALL BE (1)THE SIGNED CONTRACT, (2) THE CLICK-ACCEPT AGREEMENT OR THIRD PARTY LICENSE AGREEMENT, AND

  • Unauthorized Use or Disclosure The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure.