Warranties and Disclaimer of Warranties Sample Clauses

Warranties and Disclaimer of Warranties. THE ENGINE WAS DELIVERED AND IS BEING LEASED BY LESSOR TO LESSEE "AS IS" AND "WHERE IS". LESSEE EXPRESSLY AGREES THAT IT TOOK THE ENGINE ON SUCH BASIS. LESSOR HAS NOT AND SHALL NOT BE DEEMED TO HAVE MADE, BY VIRTUE OF HAVING LEASED THE ENGINE UNDER THIS LEASE OR BY HAVING ACQUIRED THE ENGINE OR DONE OR FAILED TO DO ANY ACT OR ACQUIRED OR FAILED TO ACQUIRE ANY STATUS UNDER OR IN RELATION TO THIS LEASE, AND NEITHER LESSOR NOR OWNER PARTICIPANT HAS MADE, AND LESSOR FOR ITSELF AND OWNER PARTICIPANT, HEREBY SPECIFICALLY DISCLAIMS, ANY GUARANTY, REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE (EXCEPT AS HEREINBELOW PROVIDED), AIRWORTHINESS, VALUE, CONDITION, DESIGN, OPERATION, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR OR ANY PURPOSE OF THE ENGINE, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP OF THE ENGINE, THE ABSENCE THEREFROM OF LATENT OR OTHER DEFECTS WHETHER OR NOT DISCOVERABLE, THE ABSENCE OF ANY INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT OR AS TO ANY OTHER GUARANTY, REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE ENGINE, INCLUDING WITHOUT LIMITATION ANY LIABILITY IN TORT, OBLIGATION OR LIABILITY ARISING FROM NEGLIGENCE, STRICT LIABILITY, ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE OR

Warranties and Disclaimer of Warranties. THE LICENSOR warrants that THE SOFTWARE will implement the functionalities and perform substantially in accordance with the official documentation, which is available free of charge on the website of THE LICENSOR.

Warranties and Disclaimer of Warranties. Xxxxx Scientific hereby undertakes and warrants that; a) it has the right to grant a license for the Use of the Software according to the terms of this agreement; b) For the ninety days following the delivery (the “Software Warranty Period”), the software will perform substantially in accordance with the specifications described in the manual, when properly operated on the designed Platform.

Warranties and Disclaimer of Warranties. 5.1 Limited Support Services Performance Warranty. Elastic warrants that it will perform the Support Services, as applicable, in a professional, workmanlike manner, consistent with generally accepted industry practice, and in accordance with any applicable Support Services Policy. In the event of a breach of the foregoing warranty, Elastic’s sole obligation, and Customer’s exclusive remedy, shall be for Elastic to re-perform the applicable Support Services.

Warranties and Disclaimer of Warranties eFunds warrants that, during the term of this Agreement, all the Products described in Attachment A will comply, in all material respects, with the specifications described in applicable Product documentation published by eFunds; that all the Processing Services described in Attachment A will be performed in a workmanlike manner; that its employees shall have the proper skill, training, and background so as to be able to perform the Processing Services described in Attachment A in a workmanlike manner; and that eFunds will secure any permits and licenses necessary to perform the Processing Services or provide the Products described in Attachment A. Customer represents and warrants that, as of the Effective Date, and at all times during the term of this Agreement: (i) all information contained in Customer’s application to purchase the Products and Processing Services reflected in Attachment A, together with any other information provided to eFunds by Customer in connection with this Agreement, is true and complete in all material respects; (ii) it has the power to execute, deliver and perform this Agreement; (iii) this Agreement is duly authorized and will not violate any provisions of law or conflict with any other agreement to which Customer is subject or by which Customer’s assets are bound; (iv) it has all licenses, if any, required to conduct its business, and is legally qualified to conduct business in every jurisdiction where it does so; and (v) there is no action, suit or proceeding, pending, or threatened, that, if adversely decided to Customer, would impair Customer’s ability to carry on its business or perform its obligations under this Agreement. eFunds further warrants that the Processing Services will, during the term of this Agreement, meet the specifications described in the applicable Documentation and that eFunds will provide accurate output from input material submitted for processing, except that eFunds shall not be responsible for the accuracy or adequacy of input material nor the resultant output from any inadequate or inaccurate input data. The accuracy and adequacy of input shall be judged as received at the eFunds data processing center. The accuracy and adequacy of output shall be judged as sent from the eFunds data processing center. The sole liability to the Customer for breach of the warranties under this section shall be, without additional charge to Customer, to make such corrections as may be necessary to keep the Processing ...

Warranties and Disclaimer of Warranties. The Company will use due care in providing the Services, including, but not limited to, employing security measures in accordance with applicable industry standards; however, you acknowledge and agree that the Websites, Apps, and Services, as a result of being operated via the Internet, involve certain possibilities of errors, omissions, delays, loss or mutilation of documents or data or other occurrences which may give rise to loss or damage. The Company's responsibility in the event of any such defects, errors or omissions shall be limited to the correction of any errors which are due to mistakes by the Company's employees or contractors or to the malfunction of the Company's equipment. You understand, acknowledge and agree that the Company cannot and does not guarantee or warrant that files available for downloading from the internet or the Websites or Apps will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES, APPS, CONTENT, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES, APPS, CONTENT OR SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITES OR APPS, OR ON ANY WEBSITES, APPS, CONTENT OR SERVICES LINKED TO OR FROM THEM. YOUR USE OF THE WEBSITES, APPS, SERVICES, CONTENT AND RELATED MATERIALS OBTAINED THROUGH THE WEBSITES OR APPS IS AT YOUR OWN RISK. THE WEBSITES, APPS, CONTENT AND SERVICES OR OTHER ITEMS OBTAINED THROUGH THE WEBSITES OR APPS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITES OR APPS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITES, THE APPS, SERVICES, CONTENT OR ANY OTHER ITEMS OBTAINED THROUGH THE WEBSITES OR APPS WILL BE ACCURAT...

Warranties and Disclaimer of Warranties a) You represent and warrant that You have all intellectual property rights, including all necessary patent, trademark, trade secret, copyright or other proprietary rights, in and to Your Product. If You use third-party materials, You represent and warrant that You have the right to distribute the third- party material in Your Product. Notwithstanding anything to the contrary, You must have the right to distribute and exploit Your Products posted on the Platform throughout the jurisdictions in the world where Your Product is distributed. Obtaining and maintaining such rights with respect to the Products is Your sole responsibility. You agree that You will not submit material to the Platform that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including patent, privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to submit the material. b) You represent and warrant that Your Product shall not contain any viruses, malicious code, trojan horse, worm, time bomb, self-help code, back door or other software code or routine designed to (or resulting in): (i) damage, destroy or alter any software, hardware, or network; (ii) reveal, damage, destroy or alter any data; (iii) disable any computer program automatically; or (iv) permit unauthorized access to any software, hardware, or network. c) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE PLATFORM AND PLATFORM MATERIALS IS AT YOUR SOLE RISK AND THE PLATFORM AND PLATFORM MATERIALS ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE, REMAINS WITH YOU. PLATFORM PROVIDER AND ITS SUPPLIERS AND LICENSORS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON- INFRINGEMENT.

Warranties and Disclaimer of Warranties a) You represent and warrant that You have all intellectual property rights, including all necessary patent, trademark, trade secret, copyright or other proprietary rights, in and to Your Product. If You use third-party materials, You represent and warrant that You have the right to distribute the third-party material in Your Product. Notwithstanding anything to the contrary, You must have the right to distribute and exploit Your Products posted on the Platform throughout the jurisdictions in the world where Your Product is distributed. Obtaining and maintaining such rights with respect to the Products is Your sole responsibility. You agree that You will not submit material to the Platform that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including patent, privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to submit the material. b) You represent and warrant that Your Product shall not contain any viruses, malicious code, trojan horse, worm, time bomb, self-help code, back door or other software code or routine designed to (or resulting in): (i) damage, destroy or alter any software, hardware, or network;

Warranties and Disclaimer of Warranties. Licensor warrants that the technology underlying this Agreement is accurate, complete and capable of meeting the targets of this Agreement, which are assessment of the clinical safety and the clinical efficacy of HE2000 in any Field of Use. Licensee warrants that Licensee will (i) obtain a license to practice any valid third party patent if such license is needed to exercise its rights hereunder or (ii) terminate this agreement in accord with applicable termination provisions hereunder. Licensee further warrants that Licensee has the permits needed to make and the permits needed to sell the Licensed Products and that any Sublicensee or Affiliate will have the necessary permits needed to make and/or sell the Licensed Products as applicable. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTY TO THE OTHER PARTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LICENSEE UNDERSTANDS AND AGREES THAT LICENSED PRODUCTS HEREUNDER ARE EXPERIMENTAL IN NATURE AND ARE PROVIDED “AS IS” AND WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

Warranties and Disclaimer of Warranties. SERVICE PROVIDER'S INFORMATION PRODUCTS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND. SERVICE PROVIDER WARRANTS THAT SERVICE PROVIDER PROVIDES PROFESSIONAL SERVICES USING COMMERCIALLY REASONABLE CARE AND SKILL. SERVICE PROVIDER DOES NOT WARRANT UNINTERRUPTED OR ERROR- FREE OPERATION OF ITS PRODUCTS OR THE LIFE OF ANY URL OR THIRD-PARTY WEB SERVICE. THESE WARRANTIES ARE THE EXCLUSIVE WARRANTIES FROM SERVICE PROVIDER AND REPLACE ALL OTHER WARRANTIES, INCLUDING WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS AND CURRENTNESS. SERVICE PROVIDER MAKES NO WARRANTIES EXCEPT FOR THOSE EXPLICITLY PROVIDED IN THIS SECTION Error! Reference source not found.. ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.