Warranties and Limitation of Liability. FindOut warrants that its software and services will be provided using reasonable care and skill on a non-exclusive basis. Where FindOut supplies any goods supplied by a third party, FindOut does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise. Except in respect of death or personal injury caused by FindOut’s negligence, FindOut shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by FindOut's negligence or the negligence of its employees or agents or otherwise) which arise out of or in connection with the provision of any software or services by FindOut. FindOut shall not be liable or deemed to be in breach of contract by reason of any delay in performing, or failure to perform, any of its obligations if the delay or failure was due to any cause beyond its reasonable control. Any estimates given by FindOut as to the time of completion of performance of its services (whether completion of the whole or a part of those services) or delivery of its software shall be estimates only and time shall not be of the essence. FindOut when providing electronic media shall take reasonable care to avoid introducing computer viruses to your computer systems and shall not be liable to you by reason of any virus unknowingly introduced to your system by it for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or any claims which arise out of or in connection with such introduction of a computer virus. Notwithstanding contrary clauses in this Agreement, in the event that FindOut are deemed liable to you for breach of this Agreement, you agree that FindOut's liability is limited to the amount actually paid by you for the services or software related to which the claim for compensation arose during the twelve (12) months preceding the event causing the claim. You hereby release FindOut Technologies AB from any and all obligations, liabilities and claims in excess of this limitation.
Appears in 2 contracts
Samples: User Licence Agreement, User Licence Agreement
Warranties and Limitation of Liability. FindOut Smartcall warrants that its System supplied by Smartcall shall not fail because of any defects in materials or workmanship where the defects appear under proper use of the System within twelve (12) months from the Installation Date. Smartcall further warrants that the System shall comply with Smartcall's published specifications in force at the Installation Date. Such specification implies and includes any manufacturer’s specification of equipment and/or software and services will be for projects and systems being developed the functional specification agreed between the Customer and Smartcall. If the System fails to comply and provided using that Smartcall shall have been notified in writing by the Customer of such failure in accordance with clause 4 Smartcall shall at its sole discretion having been given a reasonable care opportunity and skill on a time to inspect the System and satisfy itself as to any such non-exclusive basiscompliance, either: within a reasonable time alter the System so that it complies with the said specifications or replace it with System that so complies; or accept a return of the System against a credit for the Price thereof. Where FindOut supplies Smartcall's liability under this clause shall be to the exclusion of all other liability to the Customer whether contractual, tortious or otherwise for defects in the System or for any goods supplied loss or damage to or caused by a third party, FindOut does not give any warranty, guarantee the System and all other warranties stipulations or other term as to their quality, statements whatsoever concerning the System whether express or implied by statute or common law or otherwise howsoever are hereby excluded. Without limitation of the foregoing Smartcall grants no warranties regarding the fitness for purpose performance use nature or otherwisequality of the System whether express or implied by statute or common law or otherwise howsoever. Except Notwithstanding anything contained in respect these Terms in no circumstances shall Smartcall be liable in contract tort (including negligence or breach of statutory duty) or otherwise howsoever and whatsoever the cause thereof for any loss of profit business contracts revenues or anticipated savings or for any special indirect or consequential damage of any nature whatsoever. Smartcall shall not be liable for any failure in the performance of other equipment to which the System is connected nor the functioning of an entire system nor parts of any system of which the System may be part including the effects that other parts of such a system may have upon the System nor for any loss or damage whatsoever of or to the said other equipment or system. Nothing in these Terms shall exclude or restrict the liability of Smartcall for death or personal injury caused by FindOut’s negligence, FindOut shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by FindOut's negligence or the negligence of Smartcall or of its employees or agents or otherwise) which arise out of or in connection with the provision of agents. In any software or services by FindOut. FindOut shall not be liable or deemed to be in breach of contract by reason of any delay in performing, or failure to perform, any of its obligations if the delay or failure was due to any cause beyond its reasonable control. Any estimates given by FindOut as event Smartcall's liability to the time Customer in respect of completion of performance of its services (whether completion of the whole or a part of those services) or delivery of its software damage to tangible property shall be estimates only and time shall not be of the essence. FindOut when providing electronic media shall take reasonable care to avoid introducing computer viruses to your computer systems and shall not be liable to you by reason of any virus unknowingly introduced to your system by it for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or any claims which arise out of or in connection with such introduction of a computer virus. Notwithstanding contrary clauses in this Agreement, in the event that FindOut are deemed liable to you for breach of this Agreement, you agree that FindOut's liability is limited to the amount actually paid by you for the services or software related to which the claim for compensation arose during value of its invoices under this Agreement in the twelve (12) months preceding the event causing the leading to a claim. You hereby release FindOut Technologies AB from any and all obligations, liabilities and claims in excess of this limitation.
Appears in 2 contracts
Samples: Sale Terms, www.smartcall.com
Warranties and Limitation of Liability. FindOut JGraph Ltd warrants that its software and services will be provided using reasonable care and skill on a non-exclusive basis. Where FindOut JGraph Ltd supplies any goods supplied by a third party, FindOut JGraph Ltd does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise. , but shall, where possible, assign the benefit of any warranty, guarantee or indemnity given by the person supplying the goods to JGraph Ltd. Except in respect of death or personal injury caused by FindOut’s JGraph Ltd's negligence, FindOut JGraph Ltd shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term term, or any duty at common law, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by FindOutJGraph Ltd's negligence or the negligence of its employees servants or agents or otherwise) which arise out of or in connection with the provision of any software goods or services by FindOut. FindOut JGraph Ltd. JGraph Ltd shall not be liable or deemed to be in breach of contract by reason of any delay in performing, or failure to perform, any of its obligations if the delay or failure was due to any cause beyond its reasonable control. Any estimates given by FindOut JGraph Ltd as to the time of completion of performance of its services (whether completion of the whole or a part of those services) or delivery of its software shall be estimates only and time shall not be of the essence. FindOut JGraph Ltd when providing s an electronic media shall take reasonable care to avoid introducing computer viruses to your computer systems and system d shall not be liable to you by reason of any virus unknowingly introduced to your system by it for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or any claims which arise out of or in connection with such introduction of a computer virus. Notwithstanding contrary clauses in this Agreement, in the event that FindOut JGraph Ltd are deemed liable to you for breach of this Agreement, you agree that FindOutJGraph Ltd's liability is limited to the amount actually paid by you for the your services or software related to software, which the claim for compensation arose during the twelve (12) months preceding the event causing the claimamount calculated in reliance upon this clause. You hereby release FindOut Technologies AB JGraph Ltd from any and all obligations, liabilities and claims in excess of this limitation.
Appears in 1 contract
Samples: pinpointprod.blob.core.windows.net
Warranties and Limitation of Liability. FindOut Unless expressly agreed otherwise, the Products and Services provided by Performance Matters shall be in line with the current-state-of-the-art technology and shall conform to all relevant product information and specifications provided by Performance Matters. Performance Matters does not warrant that the Products and Services will be fit for purposes beyond the fulfillment of the obligations of Performance Matters under the relevant license agreement and/or service level agreement. The Customer shall immediately inspect the Products and Services after delivery and inform Performance Matters in writing about any defects thereof without delay. Performance Matters warrants that its the Software or Services will work for a period of 30 (thirty) days after the date of receipt of the relevant license to use the Software or Services. The Customer is advised that based on the current state-of-the-art technology program errors cannot be excluded with complete certainty in spite of exercising greatest conscientious care and diligence and that it is not possible to develop Software or Services that detect any existing virus or other malware, i.e. software and services will any other dataset that causes damaging or undesirable functions in the Computer or in the system of a user. The Customer shall examine the quality of the Products and Services provided by Performance Matters as soon as possible, and shall immediately notify Performance Matters in the event that defects exist for which Performance Matters must warrant. If a Customer fails to notify Performance Matters of any defects without delay, the Products and/or Services provided by Performance Matters are deemed to have been accepted to the extent that there are no defects involved which were not recognizable in the course of customary examination. If the defects are discovered at a later date, notification must be provided using given immediately upon their discovery, otherwise the Products and Services are deemed to have been accepted with respect to such defects. Defects in the Products and Services shall be rectified by Performance Matters within a reasonable care period after notification of the defect. The rectification of any defects shall be undertaken at the choice of Performance Matters, by way of repair or substitute delivery of the Product or Service free of charge and skill on a non-exclusive basisagainst reimbursement of all reasonable costs. Where FindOut supplies In no event shall the Customer be entitled to demand the source code for any goods supplied by Product or Service with regard to any defects. The Customer shall notify Performance Matters without undue delay if a third partyparty asserts claims against the Customer based on the infringement of any intellectual property rights by the Product and/or Services. Should there be any information of such, FindOut does whether in written documents or correspondence or in other forms, the Customer shall provide these to Performance Matters without delay. The warranty contained in the Terms is the only explicit warranty given by Performance Matters to the Customer. It shall substitute all other explicit warranties and guarantees, if any, contained in the documentation, the packaging or any other communication. Without limiting the extent permitted by law, Performance Matters provides the Products, Services and any services relating thereto on an “as-is” and “with-all-faults” basis only. Performance Matters explicitly excludes all other warranties or guarantees, explicit, implied, legal, or otherwise, including but not give limited to any implied warranty, guarantee or other term as duty to their qualityprovide for the merchantability, fitness suitability for purpose a specific purpose, reliability or otherwiseavailability, accuracy or completeness of answers, results, efforts of experts, the lack of viruses and the application of a specific level of care. Except All conditions, warranties or representations expressed or implied by statute, common law or otherwise in respect of death or personal injury caused by FindOut’s negligence, FindOut relation to the Products and Services are hereby excluded. Performance Matters shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term for any loss direct damages of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by FindOut's the Customer resulting from gross negligence or the negligence intentional misconduct of its employees or agents or otherwise) which arise out of or in connection with the provision of any software or services by FindOutPerformance Matters. FindOut Performance Matters shall not be liable or deemed to be in breach of contract by reason for the acts and/or omissions of any delay staff or other third party support retained by Performance Matters. Actions based on any warranty or other claim for defects in performingthe Products or Services provided by Performance Matters shall be barred at the end of 3 (three) months after delivery to the Customer, or failure to perform, any of its obligations even if the delay or failure defect was due to any cause beyond its reasonable control. Any estimates given only discovered by FindOut as to the time of completion of performance of its services (whether completion of the whole or Customer at a part of those services) or delivery of its software shall be estimates only and time shall not be of the essence. FindOut when providing electronic media shall take reasonable care to avoid introducing computer viruses to your computer systems and shall not be liable to you by reason of any virus unknowingly introduced to your system by it for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or any claims which arise out of or in connection with such introduction of a computer virus. Notwithstanding contrary clauses in this Agreement, in the event that FindOut are deemed liable to you for breach of this Agreement, you agree that FindOut's liability is limited to the amount actually paid by you for the services or software related to which the claim for compensation arose during the twelve (12) months preceding the event causing the claim. You hereby release FindOut Technologies AB from any and all obligations, liabilities and claims in excess of this limitationlater date.
Appears in 1 contract
Samples: coe.performance-matters.com
Warranties and Limitation of Liability. FindOut 5.1 Thinking Tools warrants that its software (i) the Beta Prototype and services Final Release deliverables which it is providing under this Agreement will be of professional quality conforming to generally accepted data processing and consulting practices; (ii) the Beta Prototype and Final Release deliverables provided using reasonable care to SHL shall conform in all material respects to the specifications and skill on a non-exclusive basis. Where FindOut supplies requirements for such items as specified in this Agreement; and (iii) Thinking Tools is able to provide the Deliverables specified in this Agreement and Thinking Tools does not have any goods supplied by a agreement with any third party which would restrict its ability to perform under this Agreement; and (iv) the use of the Deliverables, or any information relating thereto or contained therein will not infringe any copyright, patent or trademark of any third party, FindOut does not give or breach any warranty, guarantee trade secret or other term as to their quality, fitness for purpose or otherwise. Except in respect right of death or personal injury caused by FindOut’s negligence, FindOut shall not be liable to you by reason privacy of any representation (unless fraudulent), or any implied warranty, condition or other term for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by FindOut's negligence or third party. In the negligence of its employees or agents or otherwise) which arise out of or in connection with the provision of any software or services by FindOut. FindOut shall not be liable or deemed to be in breach of contract by reason of any delay in performing, or failure to perform, any of its obligations if the delay or failure was due to any cause beyond its reasonable control. Any estimates given by FindOut as to the time of completion of performance of its services (whether completion of the whole or a part of those services) or delivery of its software shall be estimates only and time shall not be of the essence. FindOut when providing electronic media shall take reasonable care to avoid introducing computer viruses to your computer systems and shall not be liable to you by reason of any virus unknowingly introduced to your system by it for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or any claims which arise out of or in connection with such introduction event of a computer virus. Notwithstanding contrary clauses in this Agreement, in the event that FindOut are deemed liable to you for breach of this Agreementwarranty, you agree that FindOutand after having followed the Deliverables Acceptance Process outlined in Schedule A, Section A.1.2, SHL shall provide written notification to the Thinking Tools Project Manager of said breach. The written notification shall describe specific actions required of Thinking Tools to remedy the breach. Thinking Tools shall then without charge and without delay, repair, replace or modify the Beta Prototype or Final Release deliverable so as to correct said warranty breach within 30 days of notification for the Final Release deliverable. If Thinking Tools fails to remedy a defect or nonconformity within the required time frames, SHL's liability is sole remedy shall be the recovery of its actual damages which shall be limited to the total amount actually paid by you SHL to Thinking Tools for those services upon which the liability is based. Thinking Tools warrants that, for the services earlier of, a period of twelve months following the date of the acceptance by SHL of the Final Release deliverable, or, a period of six months from the date that the Project Challenge product (hereinafter referred to as "the Product") is made generally available by SHL to its internal or software related external customers, the Product shall perform in accordance with the functional specifications set out in the Definitions Document deliverable. Thinking Tools also warrants that it shall, at its expense, correct any errors or omissions in the Product which cause the Product to which the claim for compensation arose during the twelve (12) months preceding the event causing the claim. You hereby release FindOut Technologies AB from any and all obligations, liabilities and claims fail to function in excess of this limitationaccordance with its functional specifications.
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