Warranties and Disclaimers. (A) THE SERVICE IS PROVIDED ON AN “AS IS” BASIS AND USE OF THE SERVICE IS AT YOUR OWN RISK. TELANIA DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. TELANIA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
(B) TELANIA DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM TELANIA’S DATA CENTER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCES.
(C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
Warranties and Disclaimers. (a) SISW warrants that it has all requisite rights to grant to Customer the rights and licenses purported to be granted pursuant to this Agreement.
(b) SISW warrants that, as of the date the Software is made available to Customer via electronic download and for a period of 90 days thereafter (the “Warranty Period”), the Software will provide the features and functions generally described in the Documentation and that the media on which the Software is furnished, if any, will be free from defects in materials and workmanship. SISW’s entire liability, and Customer’s exclusive remedy, during the Warranty Period will be, at SISW’s option, to attempt to correct or work around errors, to replace defective media on which Software is installed, if any, or to refund the license fees for the Software involved. Any refund is subject to the return of the Software or defective media to SISW.
(c) Customer is responsible for the prevention of security issues with regard to its own systems and data, including Software hosted on Customer’s systems. Customer’s responsibility includes, but is not limited to, undesired invaders of the software such as malware, viruses, spyware or Trojans and SISW disclaims responsibility for any damages incurred as a result of Customer’s failure to secure its systems and data.
(d) EXCEPT FOR THE EXPRESS LIMITED WARRANTIES PROVIDED IN THIS SECTION 2.6, SISW MAKES AND CUSTOMER RECEIVES NO EXPRESS WARRANTIES. ANY STATEMENTS OR REPRESENTATIONS ABOUT THE SOFTWARE AND ITS FUNCTIONALITY IN ANY COMMUNICATION WITH CUSTOMER CONSTITUTE TECHNICAL INFORMATION AND NOT AN EXPRESS WARRANTY OR GUARANTEE. IN ADDITION, SISW SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, SISW DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
Warranties and Disclaimers. 7.1 Each Party warrants that it is fully authorized to enter into this Agreement, that the execution and delivery of this Agreement has been duly authorized, and that its performancehereunder does not breach any other agreement or covenant to which it is a party or is bound. Neither Party shall make any warranty on the other Party’s behalf to any third party.
7.2 FocusVision warrants that for all Proprietary Software, during the Term, the Services will be performed in accordance with standard industry practice, in material compliance with the Documentation, and in accordance with any service levels provided in product-specific terms. Client’s sole and exclusive remedy for breach of any of the foregoing warranties will be for FocusVision to use reasonable efforts to repair such nonconformities within a reasonable time after Client provides notice to FocusVision of such breach and, if the breach relates to a software error, after FocusVision receives sufficient information to replicate the error. If this exclusive remedy is unenforceable for any reason, then the limitation of liability provisions set forth herein will apply to any resulting liability.
7.3 FocusVision does not warrant that the Services or the Deliverables will meet Client’s requirements or that the Services provided under this Agreement will be error free or operate without interruption. Any liability that FocusVision may have under this Agreement will be subject to the limitation of liability provisions set forth herein.
7.4 EXCEPT AS EXPRESSLY SET FORTH HEREIN OR IN THE AGREEMENT, ALL CONDITIONS, WARRANTIES, TERMS AND UNDERTAKINGS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, ARE HEREBY EXCLUDED TO THE EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. IN PARTICULAR, ANY AND ALL WARRANTIES ARISING IN LAW OR FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USE OF TRADE ARE EXPRESSLY EXCLUDED. THIS IS A LIMITED WARRANTY AND IS THE ONLY WARRANTY MADE BY FOCUSVISION. CLIENT HEREBY DISCLAIMS ANY RELIANCE ON ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY SET FORTH IN THIS AGREEMENT.
7.5 FocusVision may suspend or discontinue the performance of any Services upon written notice if, in its reasonable judgment, the performance of such Services would violate any applicable law, rule or regulation. Such action shall not constitute a default under this Agreement and the Parties will use commercially ...
Warranties and Disclaimers. There are no warranties, express or implied, made by the Company herein, except for the limited warranty against defects in materials set forth in the following paragraph. The Company warrants that the Products shall meet the standard written specifications of the Company in effect as of the date of delivery. This limited warranty is expressly in lieu of any other warranties, express or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose. The Products subject to the Contract are not warranted as suitable for any particular purpose particular to Buyer. The suitability of Products for any purpose particular to Buyer is for Buyer, in Buyer’s sole judgment, to determine. The Company assumes no responsibility for the selection or furnishing of Products suitable to the individual needs and purposes of Buyer. No claim of any kind against the Company shall exceed the Price of the Products that has actually been paid to the Company under the Contract; provided further that the size of any claim shall be limited in amount to the Price of the particular Order of Products and/or the Price of the actual quantity of Products delivered for which the Buyer is making a claim. The remedy hereby provided shall be the sole and exclusive remedy of Buyer; and any right of the Buyer to loss of profits or for special, indirect, incidental, exemplary, punitive or consequential damages of any kind is hereby excluded. No charges or expenses incident to any claims will be allowed unless approved in writing by an authorized representative of the Company.
Warranties and Disclaimers. Mutual Indemnification
Warranties and Disclaimers. 2.1. Xxxxxx warrants that the Software will, for a period of ninety
2.2. If Xxxxxx elects to refund the applicable fee paid for the non- conforming Software pursuant to Section 2.1(ii), then: (i) Customer shall promptly return or demonstrate to Xxxxxx’x reasonable satisfaction that it has destroyed the non-conforming Software and any other related materials provided by Xxxxxx; and (ii) the right to access or use such non-conforming Software will automatically terminate.
2.3. Xxxxxx will have no liability for any warranty claim, or any obligation to correct any defect or problem with the Software, to the extent that it arises out of: (i) any use of the Software not in accordance with the Documentation; (ii) any unauthorized modification or alteration of the Software; or (iii) any use of the Software in combination with any third-party software or hardware not specified in the Documentation.
2.4. Xxxxxx warrants that Consulting Services will be performed using reasonable care and skill consistent with generally accepted industry standards. For any claimed breach of this warranty, Customer must notify Xxxxxx of the warranty claim within thirty (30) days of Customer’s receipt of the applicable Consulting Services. Customer’s exclusive remedy and Xxxxxx’x sole liability with regard to any breach of this warranty will be, at Xxxxxx’x option and expense, to either: (i) re-perform the non-conforming Consulting Services; or (ii) refund to Customer the fees paid for the non- conforming Consulting Services. Customer shall provide reasonable assistance to Xxxxxx in support of its efforts to furnish a remedy for any breach of this warranty.
2.5. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, XXXXXX MAKES NO OTHER WARRANTIES AND HEREBY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE (EVEN IF XXXXXX HAS BEEN INFORMED OF SUCH PURPOSE). XXXXXX DOES NOT WARRANT THAT THE XXXXXX PRODUCTS, CONSULTING SERVICES OR EDUCATION SERVICES WILL BE ENTIRELY FREE FROM DEFECTS OR OPERATE UNINTERRUPTED OR ERROR FREE. DATA INCLUDED IN ANY XXXXXX PRODUCT IS PROVIDED “AS IS.”
Warranties and Disclaimers. Each party represents and warrants that it has the full right, power, and authority to enter into and perform under this Agreement. ALL INFORMATION IS FURNISHED “AS IS”. EXCEPT AS SET FORTH IN THIS SECTION, EACH PARTY DISCLAIMS ANY AND ALL TYPE OF WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE INFORMATION IT PROVIDES UNDER THIS AGREEMENT.
Warranties and Disclaimers. THE SERVICE IS DISTRIBUTED "AS IS" WITHOUT ANY WARRANTIES, WHETHER WRITTEN, ORAL, STATUTORY, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY SPECIFICALLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. This waiver of warranty affects CLIENT specific legal rights, but is without prejudice to any rights to which CLIENT are entitled (to the extent that they cannot be waived) under applicable law. For example, CLIENT may have rights which may vary depending upon where CLIENT is located. Some jurisdictions do not allow limitations on implied warranties, so the limitations above may not apply to CLIENT.
Warranties and Disclaimers. XXXXX DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS OF USE OR PURPOSE. WITHOUT LIMITING THE FOREGOING, XXXXX MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE XXXXX PROFESSIONAL OR THE SERVICES PROVIDED HEREUNDER, AND XXXXX WILL NOT BE RESPONSIBLE FOR ANY ACTION TAKEN BY THE COMPANY IN FOLLOWING OR DECLINING TO FOLLOW ANY OF THE XXXXX PROFESSIONAL’S ADVICE OR RECOMMENDATIONS. THE SERVICES PROVIDED BY XXXXX AND THE XXXXX PROFESSIONAL HEREUNDER ARE FOR THE SOLE BENEFIT OF THE COMPANY AND NOT ANY UNNAMED THIRD PARTIES. THE SERVICES WILL NOT CONSTITUTE AN AUDIT, REVIEW, OPINION, OR COMPILATION, OR ANY OTHER TYPE OF FINANCIAL STATEMENT REPORTING OR ATTESTATION ENGAGEMENT THAT IS SUBJECT TO THE RULES OF THE AICPA OR OTHER SIMILAR STATE OR NATIONAL PROFESSIONAL BODIES OR LAWS AND WILL NOT RESULT IN AN OPINION OR ANY FORM OF ASSURANCE ON INTERNAL CONTROLS.
Warranties and Disclaimers a. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE FACTSET DATA IS PROVIDED “AS IS” AND ALL REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS, ORAL OR WRITTEN, EXPRESS OR IMPLIED (BY COMMON LAW, STATUTE OR OTHERWISE), IN RELATION TO THE FACTSET DATA ARE HEREBY EXCLUDED AND DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. IN PARTICULAR, FACTSET DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND MAKES NO WARRANTY OF ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY OR SPEED OF DELIVERY OF THE FACTSET DATA. USER AGREES THAT THE FACTSET DATA IS NOT INVESTMENT ADVICE AND ANY OPINIONS OR ASSERTION CONTAINED IN THE FACTSET DATA DO NOT REPRESENT THE OPINIONS OR BELIEFS OF FACTSET OR ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES. FactSet does not warrant that the FactSet Data will be uninterrupted, error free, or completely secure. FactSet expressly disclaims any liability for any loss or injury caused in whole or part by negligence or any other error made by human or machine concerning the production, compilation or distribution of the FactSet Data. User expressly assumes the entire risk for the results and performance of the FactSet Data.
b. None of FactSet or its affiliates will have any liability for any lost profits or direct, indirect, special, consequential, punitive or exemplary damages, even if advised in advance of the possibility of these types of damages.
