Common use of WARRANTIES AND EXCLUSIONS Clause in Contracts

WARRANTIES AND EXCLUSIONS. 5.1. HCL WARRANTS THAT THE PACKAGED SERVICE OFFERINGS WILL BE PERFORMED IN A PROFESSIONAL AND WORKMANLIKE MANNER FOR SIXTY (60) DAYS AFTER THE SERVICES WERE PERFORMED (“WARRANTY PERIOD”). 5.2. THE LIMITED WARRANTIES EXPRESSLY SET FORTH IN SECTION 5 ARE LICENSEE’S EXCLUSIVE WARRANTIES. HCL DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ANY WARRANTY OR CONDITION OF NONINFRINGEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO LICENSEE. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. NO WARRANTIES APPLY AFTER THE WARRANTY PERIOD. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE. 5.3. The sole and exclusive remedy and HCL’s entire liability for breach of the above warranty will be to reperform the Packaged Service Offerings as applicable, provided Licensee notifies Licensor of any breach of warranty in writing within the Warranty Period.

Appears in 6 contracts

Samples: Master License Agreement, Master License Agreement, Master License Agreement

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WARRANTIES AND EXCLUSIONS. 5.1. HCL WARRANTS THAT THE PACKAGED SERVICE OFFERINGS WILL BE PERFORMED IN A PROFESSIONAL AND WORKMANLIKE MANNER FOR SIXTY THIRTY (6030) DAYS AFTER THE SERVICES WERE PERFORMED (“WARRANTY PERIOD”). 5.2. THE LIMITED WARRANTIES EXPRESSLY SET FORTH IN SECTION 5 ARE LICENSEE’S EXCLUSIVE WARRANTIES. HCL DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ANY WARRANTY OR CONDITION OF NONINFRINGEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO LICENSEE. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. NO WARRANTIES APPLY AFTER THE WARRANTY PERIOD. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE. 5.3. The sole and exclusive remedy and HCL’s entire liability for breach of the above warranty will be to reperform the Packaged Service Offerings as applicable, provided Licensee notifies Licensor of any breach of warranty in writing within the Warranty Period.

Appears in 2 contracts

Samples: Supplemental End User License Agreement (Eula), Supplemental End User License Agreement (Eula)

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WARRANTIES AND EXCLUSIONS. 5.112.1. HCL WARRANTS THAT THE PACKAGED SERVICE OFFERINGS WILL BE PERFORMED IN A PROFESSIONAL GOOD AND WORKMANLIKE MANNER FOR SIXTY (60) DAYS AFTER THE SERVICES WERE PERFORMED (“WARRANTY PERIOD”). 5.212.2. THE LIMITED WARRANTIES EXPRESSLY SET FORTH IN SECTION 5 12.1 ARE LICENSEE’S EXCLUSIVE WARRANTIES. HCL DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ANY WARRANTY OR CONDITION OF NONINFRINGEMENTNON- INFRINGEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO LICENSEE. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. NO WARRANTIES APPLY AFTER THE WARRANTY PERIOD. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE. 5.312.3. The sole and exclusive remedy and HCL’s entire liability for breach of the above warranty will be to reperform the Packaged Service Offerings as applicable, provided Licensee notifies Licensor of any breach of warranty in writing within the Warranty Period.

Appears in 1 contract

Samples: Master Package Services Agreement

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