WARRANTIES AND LIMITATION OF WARRANTIES Sample Clauses

WARRANTIES AND LIMITATION OF WARRANTIES. During the Support Term, Customer shall be entitled to the following warranties: AVEPOINT EXPRESSLY WARRANTS THAT THE LICENSED PROPERTY, AS DELIVERED AND INSTALLED, SHALL PERFORM IN ACCORDANCE WITH THE SPECIFICATIONS CONTAINED IN THE THEN CURRENT DOCUMENTATION SUPPLIED BY AVEPOINT TO CUSTOMER THAT RELATE TO THE VERSION OF THE LICENSED PROPERTY DELIVERED BY AVEPOINT TO CUSTOMER. EXCEPT AS TO COMPATIBILITY OF THE LICENSED PROPERTY AS DESCRIBED IN AVEPOINT’S DOCUMENTATION, AVEPOINT MAKES NO WARRANTIES TO CUSTOMER WITH RESPECT TO THE CUSTOMER'S COMPUTER EQUIPMENT OR SYSTEM SOFTWARE OR ITS CAPACITY AND THIS WARRANTY DISCLAIMER IS MADE EXPRESSLY IN LIEU OF ANY AND ALL EXPRESS OR IMPLIED WARRANTIES TO CUSTOMER; INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES WITH RESPECT TO CUSTOMER'S COMPUTER EQUIPMENT AND SYSTEM SOFTWARE OR ITS CAPACITY ARE HEREBY EXPRESSLY DISCLAIMED.
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WARRANTIES AND LIMITATION OF WARRANTIES. 6.1. Optum warrants to Customer that: 6.1.1. Optum has the right to grant access to and license the Software to Customer and to provide access to the Cloud Services to Customer. All rights in patents, copyrights, trademarks and trade secrets encompassed in the Software, Services and Data Products will remain in Optum or its licensors, as applicable. Customer does not obtain any rights in the Software, Cloud Services except the limited right to use the Software and/or access the Cloud Services as provided herein and in the Schedules.
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WARRANTIES AND LIMITATION OF WARRANTIES. Seller expressly warrants that the goods shipped shall conform to the description, exceptions, and special conditions stated herein. All services are provided based on product of effort basis and Seller assumes no responsibility for the cost of the material being processed. Any claim for breach of such warranty must be made in writing after receipt of the goods. Any claim not so made shall be barred. THERE IS NO IMPLIED WARRANTY OF MERCHANTABILITY WITH RESPECT TO THE GOODS SOLD HEREUNDER. FURTHERMORE, SELLER MAKES NO WARRANTY THAT THE GOODS SOLD HEREUNDER ARE FIT FOR ANY PARTICULAR PURPOSE. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE FACE HEREOF. The Buyer’s sole remedy on account or in respect of the furnishings of goods that do not conform to the contract or to the express warranty contained herein shall be replacement by the Seller of the goods purchased. SELLER SHALL NOT IN ANY EVENT BE LIABLE FOR THE COST OF ANY LABOR EXPENDED ON ANY SUCH GOODS OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES TO ANYONE BY REASON OF THE FACT THAT SUCH GOODS DO NOT CONFORM TO THIS CONTRACT OR TO THE EXPRESS WARRANTY STATED HEREIN. Buyer waives the benefit of any rule that disclaimer of warranty shall be construed against Xxxxxx and agrees that such disclaimer shall be construed liberally in favor of Seller.
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WARRANTIES AND LIMITATION OF WARRANTIES. During the Term, Customer shall be entitled to the following warranties: 4.
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WARRANTIES AND LIMITATION OF WARRANTIES. (a) Vendor represents and warrants to United that each of Vendor’s employees, agents and subcontractors assigned to perform any Services shall have the proper skill, training and experience to perform the Services, the Services will be performed in a competent and professional manner, and Vendor’s employees, agents and subcontractors will observe any working rules of United, while on United’s premises and to the extent conveyed by United. (b) Vendor does not represent, warrant, promise or agree that any particular level, percentage or amount of recoveries will be identified, investigated or recovered by Vendor’s Services. Vendor shall not be held responsible or be liable in the event Vendor fails, or is alleged to have failed, to identify, investigate or recover for any particular wrongful or improper acts, claims, data or classes of claims, acts or data. Vendor shall use reasonable diligence to identify recovery claims, but United acknowledges that Vendor shall not be obligated to identify or pursue all potential recovery claims. Additionally, Vendor may decline to accept any referral, may cease any open investigation or any recovery, and/or may decline to engage in any recovery activity and/or legal action for any reason. Vendor agrees to use reasonable efforts to notify United of any referral Vendor declines to accept, any open investigation or recovery Vendor ceases, and any recovery activity and/or legal action in which Vendor declines to engage, each in a timely manner so as to allow United to directly or indirectly take such recovery activity or legal action. (c) Except as expressly provided in this Agreement, VENDOR MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
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WARRANTIES AND LIMITATION OF WARRANTIES. Commented [SP3]: Drafting Note: This warranty is only applicable for Optum products. Clauses 6.1.1 and 6.
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WARRANTIES AND LIMITATION OF WARRANTIES. During the Term, Customer shall be entitled to the following warranties: 3.1 AVEPOINT EXPRESSLY WARRANTS THAT THE LICENSED PROPERTY, AS DELIVERED AND INSTALLED, SHALL PERFORM IN ACCORDANCE WITH THE SPECIFICATIONS CONTAINED IN THE THEN CURRENT DOCUMENTATION SUPPLIED BY AVEPOINT TO CUSTOMER THAT RELATE TO THE VERSION OF THE LICENSED PROPERTY DELIVERED BY AVEPOINT TO CUSTOMER. 3.2 EXCEPT AS TO COMPATIBILITY OF THE LICENSED PROPERTY AS DESCRIBED IN AVEPOINT’S DOCUMENTATION, AVEPOINT MAKES NO WARRANTIES TO CUSTOMER WITH RESPECT TO THE CUSTOMER'S COMPUTER EQUIPMENT OR SYSTEM SOFTWARE OR ITS CAPACITY AND THIS WARRANTY DISCLAIMER IS MADE EXPRESSLY IN LIEU OF ANY AND ALL EXPRESS OR IMPLIED WARRANTIES TO CUSTOMER; INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES WITH RESPECT TO CUSTOMER'S COMPUTER EQUIPMENT AND SYSTEM SOFTWARE OR ITS CAPACITY ARE HEREBY EXPRESSLY DISCLAIMED. 実施するために AvePoint が負担した、事前に承認済み✰、あるいは合理的か❜必要な直接経費（旅費・ 生活費を含む）✰全額を、AvePoint に弁済することに合意する。 2.3 本件顧客に対する AvePoint ✰請求額は、本件顧客が当該請求書を受領した後 30 日以内に支払われるも✰とする。AvePoint は、自ら✰合理的裁量✰範囲において、各年度✰始まり✰ 45 日程度前に、本件顧客に請求書を発行するも✰とする。 第 3 条 保証および保証✰制限。 期間中、本件顧客は、以下✰保証を受ける権利を与えられるも✰とする。 3.1 AvePoint は、許諾財産が引き渡され、インストールされたそ✰まま状態で、AvePoint が本件顧客に引き渡した許諾財産✰バージョンに関連して、AvePoint が本件顧客に提供したそ✰時点で最新 ✰ドキ➦メンテーションに記載する仕様に合致して機能することを、明示的に保証する。 3.2 AvePoint ✰ドキ➦メンテーションに記載されている、許諾財産✰互換性に関するも✰を除き、 AvePoint は、本件顧客に対し、本件顧客✰➺ンピ➦ーター設備またはシステムソ➚トウ➦ア、あるいはそ✰能力に関して一切✰保証を行わない。かかる保証✰放棄は、明示または黙示を問わず、本件顧客に対するあらゆる保証✰代わりに明示的に行われるも✰であり、これには商品性、特定目的へ✰適合性に❜いて✰あらゆる黙示保証が含まれ、本件顧客✰➺ンピ➦ーター設備またはシステムソ➚トウ ➦ア、あるいはそ✰能力に関するす➴て✰保証は、本追録により明示的に否認される。
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WARRANTIES AND LIMITATION OF WARRANTIES. During the Term, Customer shall be entitled to the following warranties: 第 4 条. 保証および保証の制限。 期間中、本件顧客は、以下の保証を受ける権利を与えられるものとする。 4.1 AVEPOINT EXPRESSLY WARRANTS THAT THE LICENSED PROPERTY, AS DELIVERED AND INSTALLED, SHALL PERFORM IN ACCORDANCE WITH THE SPECIFICATIONS CONTAINED IN THE THEN CURRENT DOCUMENTATION SUPPLIED BY AVEPOINT TO CUSTOMER THAT RELATE TO THE VERSION OF THE LICENSED PROPERTY DELIVERED BY AVEPOINT TO CUSTOMER. 4.1 AvePoint は、許諾財産が引き渡され、インストールされたそのまま状態で、AvePoint が本件顧客に引き渡した許諾財産のバージョンに関連して、AvePoint が本件顧客に提供したその時点で最新のドキュメンテーションに記載する仕様に合致して機能することを、明示的に保証する。
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WARRANTIES AND LIMITATION OF WARRANTIES 
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Related to WARRANTIES AND LIMITATION OF WARRANTIES

  • Warranties and Limitations 10.1 ATCC WARRANTS THAT ATCC MATERIALS SHALL BE VIABLE UPON SHIPMENT FROM ATCC FOR A PERIOD OF THIRTY (30) DAYS (“WARRANTY PERIOD”). ATCC WARRANTS THAT ANY ATCC MATERIAL PROVIDED BY IT SHALL MEET THE SPECIFICATIONS ON THE PRODUCT INFORMATION SHEET, CERTIFICATE OF ANALYSIS, AND/OR CATALOG DESCRIPTION UNTIL THE EXPIRATION DATE ON THE PRODUCT LABEL. THE EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY IS, AT ATCC’S OPTION, (A) REFUND OF THE FEE PAID TO ATCC FOR SUCH ATCC MATERIALS (EXCLUSIVE OF SHIPPING AND HANDLING CHARGES), OR (B) REPLACEMENT OF THE ATCC MATERIALS. THE EXCLUSIVE REMEDY APPLIES UNDER THE CONDITION THAT LICENSEE AND ITS CUSTOMER HANDLES AND STORES ATCC MATERIALS AS DESCRIBED IN THE PRODUCT SHEET. TO OBTAIN THE EXCLUSIVE REMEDY, LICENSEE MUST REPORT THE LACK OF VIABILITY TO ATCC’S TECHNICAL SERVICE DEPARTMENT WITHIN THE WARRANTY PERIOD. ANY EXPIRATION DATE SPECIFIED ON XXX XXXX XXXXXXXXX XXXXXXXX XXXXXXXXXXXXX XXXXXX THE EXPECTED REMAINING USEFUL LIFE, BUT DOES NOT CONSTITUTE A WARRANTY OR EXPEND ANY APPLICABLE WARRANTY PERIOD. THIS WARRANTY SHALL BE VOIDED ONCE LICENSEE USES, MODIFIES OR REPLICATES ANY ATCC MATERIALS. 10.2 EXCEPT AS EXPRESSLY PROVIDED ABOVE THE ATCC MATERIAL, ANY OTHER ATCC PRODUCTS, AND ANY TECHNICAL INFORMATION AND ASSISTANCE PROVIDED BY ATCC ARE PROVIDED “AS IS”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, MANUFACTURE ACCORDING TO GMP STANDARDS, TYPICALITY, SAFETY, ACCURACY AND NON-INFRINGEMENT. 10.3 IN NO EVENT SHALL ATCC, ITS DIRECTORS, OFFICERS, AGENTS, EMPLOYEES AND AFFILIATES (collectively “ATCC INDEMNIFIED PARTIES”) BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT (WHETHER IN CONTACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHERWISE) EVEN IF ATCC HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS COST OF CAPITAL, COST OF SUBSTITUTE PRODUCTS OR CLAMS OF LICENSEE’S CUSTOMERS FOR SUCH DAMAGE. IN NO EVENT SHALL ATCC’S CUMULATIVE LIABILITY EXCEED THE ACTUAL AMOUNTS PAID NY LICENSEE UNDER THIS AGREEMENT FOR THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE OF THE EVENT GIVING RISE TO THE CLAIM THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT AND SHALL APPLY EVEN IF THE LIMITED REMEDY SPECIFIED IN THE AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

  • Disclaimer of Warranties and Limitation of Liability WE AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MORE.

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