Common use of Warranties and Disclaimers Clause in Contracts

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. 2.1. Xxxxxx Qlik warrants that the Software will, for a period of ninety 2.2. If Xxxxxx Qlik elects to refund the applicable fee paid for the non- non-conforming Software pursuant to Section 2.1(ii), then: (i) Customer shall promptly return or demonstrate to Xxxxxx’x Qlik’s reasonable satisfaction that it has destroyed the non-non- conforming Software and any other related materials provided by XxxxxxQlik; and (ii) the right to access or use such non-conforming Software will automatically terminate. 2.3. Xxxxxx Qlik 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 Qlik 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 Qlik of the warranty claim within thirty (30) days of Customer’s receipt of the applicable Consulting Services. Customer’s exclusive remedy and Xxxxxx’x Qlik’s sole liability with regard to any breach of this warranty will be, at Xxxxxx’x Qlik’s option and expense, to either: (i) re-perform the non-non- conforming Consulting Services; or (ii) refund to Customer the fees paid for the non- non-conforming Consulting Services. Customer shall provide reasonable assistance to Xxxxxx Qlik 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 QLIK 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 QLIK HAS BEEN INFORMED OF SUCH PURPOSE). XXXXXX QLIK DOES NOT WARRANT THAT THE XXXXXX QLIK PRODUCTS, CONSULTING SERVICES OR EDUCATION SERVICES WILL BE ENTIRELY FREE FROM DEFECTS OR OPERATE UNINTERRUPTED OR ERROR FREE. DATA INCLUDED IN ANY XXXXXX QLIK PRODUCT IS PROVIDED “AS IS.” 2.6. If Customer (i) obtains Qlik Products from QlikTech GmbH and designates an address in Austria or Germany in an Order Form, or (ii) obtains Qlik Products from QlikTech Australia Pty Ltd and designates an address in Australia in an Order Form, then Sections 2, 4.1-4.3, 5.6 and 7 of this Agreement shall be subject to the terms in Addendum 2.

Warranties and Disclaimers. 2.1. Xxxxxx 8.1 Each Party warrants and represents that it has validly entered into the Agreement and has the legal power to do so and that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this Agreement. 8.2 Rillion warrants that the Software willServices shall be performed with reasonable skill and care, for and that, subject to clause 8.4, in relation to the Solution hosted in servers controlled by Rillion, the Services will conform in all material respects to the SOW and/or Service Description (as applicable) or as otherwise agreed between the Parties in writing. 8.3 The Deliverables, Implementation Services and/or Professional Services shall be deemed complete upon Xxxxxxx’s provision of the relevant Services, or as otherwise agreed between the Parties in writing (“Acceptance”). From the date of Acceptance, the Customer shall have 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 to report any defects or discrepancies in the performance of the Deliverables, Implementation Services or the provision of Professional Services for remedy by Rillion. Beyond this period, Rillion shall not be held liable for any claims related to the relevant Services rendered. All warranties, express or implied, shall be limited to this 30 day period following Acceptance. 8.4 The Solution and the Deliverables are provided to Customer on an "as is" basis and Rillion does not warrant that the Customer's use of the Solution will be uninterrupted or error-free; or that the Solution, Deliverables and/or the information obtained by the Customer through the Solution will meet the Customer's requirements. All warranties, representations, conditions and all other terms of any kind whatsoever implied by any applicable law are, to the fullest extent permitted by applicable law, excluded from the Agreement. 8.5 The Customer’s receipt sole and exclusive remedies and Rillion’s sole obligations for breach of the applicable Consulting Serviceswarranties in this clause 8 are as follows. Customer’s exclusive remedy and Xxxxxx’x sole liability Rillion will, at its cost: (a) promptly correct any non- conformance of the Services resulting from the breach; or (b) if Rillion is unable, using commercially reasonable efforts, to correct such non-conformance within a reasonable period of time, Rillion may terminate the Agreement with immediate effect. Notwithstanding the foregoing, 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 conformance with any service levels set out in the fees paid for Service Description, the non- conforming Consulting Services. Customer service credits set out in the Service Description shall provide reasonable assistance to Xxxxxx be the Customer’s only remedy in support the event of its efforts to furnish a remedy for any breach of this warrantysuch non-conformance. 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. 2.1. Xxxxxx 8.1 Each Party warrants and represents that it has validly entered into the Agreement and has the legal power to do so and that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this Agreement. 8.2 Rillion warrants that the Software willServices shall be performed with reasonable skill and care, for and that, subject to clause 8.4, in relation to the Solution hosted in servers controlled by Rillion, the Services will conform in all material respects to the SOW and/or Service Description (as applicable) or as otherwise agreed between the Parties in writing. 8.3 The Deliverables, Implementation Services and/or Professional Services shall be deemed complete upon Rillion’s provision of the relevant Services, or as otherwise agreed between the Parties in writing (“Acceptance”). From the date of Acceptance, the Customer shall have 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 to report any defects or discrepancies in the performance of the Deliverables, Implementation Services or the provision of Professional Services for remedy by Rillion. Beyond this period, Rillion shall not be held liable for any claims related to the relevant Services rendered. All warranties, express or implied, shall be limited to this 30 day period following Acceptance. 8.4 The Solution and the Deliverables are provided to Customer on an "as is" basis and Rillion does not warrant that the Customer's use of the Solution will be uninterrupted or error-free; or that the Solution, Deliverables and/or the information obtained by the Customer through the Solution will meet the Customer's requirements. All warranties, representations, conditions and all other terms of any kind whatsoever implied by any applicable law are, to the fullest extent permitted by applicable law, excluded from the Agreement. 8.5 The Customer’s receipt sole and exclusive remedies and Rillion’s sole obligations for breach of the applicable Consulting Serviceswarranties in this clause 8 are as follows. Customer’s exclusive remedy and Xxxxxx’x sole liability Rillion will, at its cost: (a) promptly correct any non- conformance of the Services resulting from the breach; or (b) if Rillion is unable, using commercially reasonable efforts, to correct such non-conformance within a reasonable period of time, Rillion may terminate the Agreement with immediate effect. Notwithstanding the foregoing, 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 conformance with any service levels set out in the fees paid for Service Description, the non- conforming Consulting Services. Customer service credits set out in the Service Description shall provide reasonable assistance to Xxxxxx be the Customer’s only remedy in support the event of its efforts to furnish a remedy for any breach of this warrantysuch non-conformance. 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. 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 Copley’s 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 Copley’s sole liability with regard to any breach of this warranty will be, at Xxxxxx’x Copley’s 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. 2.1. Xxxxxx a. BIT 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: it will perform (i) Customer shall promptly return or demonstrate to Xxxxxx’x reasonable satisfaction that it has destroyed Cloud Services in all material respects as described in the non-conforming Software and any other related materials provided by Xxxxxx; Service Specifications, 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 Professional Services in a professional manner in accordance with the Documentation; Service Specifications. If the Services provided to The Customer was not performed as warranted, The Customer must promptly provide written notice to BIT that describes the deficiency in the Services (ii) any unauthorized modification or alteration including, as applicable, the service request number notifying BIT of the Software; deficiency in the Services). b. BIT does not guarantee that (a) the services will be performed error- free or uninterrupted, or that BIT will correct all services errors, (iiib) any use of the Software services will operate in combination with the Customer’s content or the Customer’s applications, or with any third-party software other hardware, software, systems or hardware data not specified provided by BIT, and (c) the services will meet the Customer’s requirements, specifications or expectations. The Customer acknowledge that BIT does not control the transfer of data over communications facilities, including the internet, and that the services may be subject to limitations, delays, and other problems inherent in the Documentationuse of such communications facilities. BIT is not responsible for any delays, delivery failures, or other damage resulting from such problems. BIT is not responsible for any issues related to the performance, operation or security of the services that arise from the Customer’s content, the Customer’s applications or third party content. BIT does not make any representation or warranty regarding the reliability, accuracy, completeness, correctness, or usefulness of third party content, and disclaims all liabilities arising from or related to third party content. 2.4. Xxxxxx warrants that Consulting Services will be performed using reasonable care and skill consistent with generally accepted industry standards. c. For any claimed breach of this the services 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 BIT’s entire liability with regard to any shall be the correction of the deficient services that caused the breach of this warranty warranty, or, if BIT cannot substantially correct the deficiency in a commercially reasonable manner, the Customer may end the deficient services and BIT will be, at Xxxxxx’x option and expense, to either: (i) re-perform the non-conforming Consulting Services; or (ii) refund to the Customer the fees paid for the non- conforming Consulting Servicesterminated services that the Customer pre-paid to BIT for the period following the effective date of termination. Customer shall provide reasonable assistance to Xxxxxx in support of its efforts to furnish To the extent not prohibited by law, these warranties are exclusive and there are no other express or implied warranties or conditions including for software, hardware, systems, networks or environments or for merchantability, satisfactory quality and fitness for a remedy for any breach of this warrantyparticular purpose. 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. 2.1. Xxxxxx 9.1 Munters warrants to the Customer during the term of this Agreement 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 Services will automatically terminate. 2.3. Xxxxxx will have no liability for any warranty claim, or any obligation to correct any defect or problem substantially comply with the Softwarefunctionality described in this Agreement (including the Documentation) and that such functionality will substantially be maintained in subsequent modifications, to the extent that it arises out of: (i) any use updates or upgrades of the Software not Services 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. 2.4clause 2.3. 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 The Customer’s receipt of the applicable Consulting Services. Customer’s sole and exclusive remedy and Xxxxxx’x sole liability with regard to any for Munters’ breach of this warranty will beshall be that Munters shall use commercially reasonable efforts to correct such errors or modify the Services to achieve the intended functionality within a reasonable period of time. Notwithstanding the foregoing, at Xxxxxx’x option and expense, Xxxxxxx shall have no obligation with respect to either: any warranty claim (i) re-perform unless notified of such claim within fifteen (15) days of the non-conforming Consulting Servicesfirst material functionality problem; or (ii) refund where any alleged non-conformity is due to the Customer’s error as reasonably determined by Xxxxxxx, following amicable discussions with the Customer. For the avoidance of any doubt, no warranties are provided with respect to that MyMunters or the Services will be free of non-material errors, bugs or interruptions, or that all such errors may be corrected.‌ 9.2 Except as otherwise is stated in clause 9.1, MyMunters and the Services are provided on an as-is basis and Munters does not represent that the Customer’s use of MyMunters or the Services will be secure, timely, uninterrupted or error-free, or that the Services will meet the Customer’s requirements or that all errors in MyMunters or the Services will be corrected or that MyMunters or the Services will be free of viruses or other harmful components or that the Services will operate in combination with other hardware, software, systems or data not provided by Munters or the operation of MyMunters and the Services will at all times be secure or that Munters will at all times be able to prevent third parties from accessing or destroying Service Generated Data or the Customer’s Confidential Information. The warranty stated in clause 9.1 is the sole and exclusive warranty offered by Munters. There are no other warranties or conditions, express or implied, including without limitation, those of merchantability or fitness for a particular purpose. The Customer assumes all responsibility for determining whether the fees paid Services or the information generated thereby is accurate or sufficient 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 warrantyCustomer’s purpose. 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.”