WARRANTIES AND WARRANTY DISCLAIMER. (a) SoftwareONE represents and warrants that: (i) it has the authority required for it to enter into this Agreement; and (ii) at all times during the term of the Agreement, SoftwareONE will not knowingly introduce malicious code or other defects into the Software.
(b) EXCEPT FOR ANY EXPRESS WARRANTIES SET OUT IN THIS AGREEMENT, THE SOFTWARE, THE DOCUMENTATION, THE SUPPORT SERVICES AND ALL OTHER PRODUCTS OR SERVICES PROVIDED BY SOFTWAREONE UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ACCORDINGLY, SOFTWAREONE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND OR NATURE TO THE FULLEST EXTENT PERMITTED BY LAW, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, ACCURACY OF INFORMATIONAL CONTENT, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR QUIET ENJOYMENT, TOGETHER WITH ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. IN ADDITION, SOFTWAREONE MAKES NO REPRESENTATION OR WARRANTY THAT THE SOFTWARE, THE DOCUMENTATION, THE SUPPORT SERVICES OR ANY OTHER PRODUCTS OR SERVICES PROVIDED WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION OR IN A TIMELY MANNER, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, BE FREE FROM MALICIOUS CODE, BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. IN RESPECT OF ANY SOFTWARE EVALUATION LICENSE, IN ADDITION TO THE FOREGOING DISCLAIMERS, FOR THE SOFTWARE EVALUATION PERIOD, DURING WHICH THE SOFTWARE IS PROVIDED TO YOU FOR TRIAL PURPOSES AT NO COST (IF AND AS APPLICABLE), THE SOFTWARE, THE DOCUMENTATION AND ANY SUPPORT SERVICES ARE PROVIDED TO YOU “AS IS”, “AS AVAILABLE” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. ANY THIRD- PARTY ITEMS ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD-PARTY ITEMS IS STRICTLY BETWEEN YOU AND THE THIRD-PARTY OWNER OR DISTRIBUTOR OF THE THIRD PARTY ITEMS.
WARRANTIES AND WARRANTY DISCLAIMER. Services under this Agreement shall provided on an “as is” basis, the Contractor does not give any express and/or implied guarantees that the services meet the expectations of the Customer, and shall not be responsible for the interpretation of the results of the services by the Customer. The customer understands and agrees that he/she bears all risks, including financial ones, related to the use of the results of the services.
WARRANTIES AND WARRANTY DISCLAIMER. 13.1. Some or all of this section may not apply to You if You are a consumer. Advice about Your legal rights is available from Your local Citizens' Advice Bureau or Trading Standards office.
00.0. XXX warrants that it shall provide the Event and related goods and services using reasonable skill and care. The exclusive remedy for breach of this warranty is refund of Fees paid for the Event. SAS warrants that it is under no obligation or restriction that would in any way prevent or interfere with its ability to perform its obligations under this Agreement.
13.3. EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT SAS DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS AND TERMS, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, WITH RESPECT TO THE EVENT OR GOODS OR SERVICES PROVIDED IN CONNECTION WITH THE EVENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WARRANTIES AND WARRANTY DISCLAIMER. (a) ZTI represents and warrants that Software delivered by Distributor or a Sub-Distributor to a Customer shall function substantially in accordance with the Documentation delivered with the Software, for a period of sixty (60) days from the date of such delivery (the "Warranty Period"). Distributor agrees that ZTI's entire liability for breach of this warranty shall be limited to providing Customer with a replacement copy of the Software that does function substantially in accordance with the Documentation delivered with the Software, provided Distributor or Customer gives ZTI written notice of the defective or inoperative Software during the Warranty Period. This warranty shall not apply if:
(i) the Software is not used in accordance with ZTI's instructions;
(ii) the Software has been altered or modified in any manner without the prior written consent of ZTI;
(iii) the Software is defective or inoperative as a result of the malfunction of the Customer's computer equipment;
(iv) the Software is used in combination with other software not provided by ZTI; or
(v) any other cause within the control of the Distributor or the Customer which results in the Software becoming defective or inoperative.
(b) ZTI does not represent or warrant that the contents of the Documentation or the operation of the Programs will be error free or that the Software will meet the requirements of end users.
(c) All Updates are provided "AS IS", without any representation or warranty of any kind.
(d) EXCEPT AS EXPRESSLY PROVIDED in clause (a) immediately above and in Sections 14 and 25 of this Agreement, ZTI MAKES NO REPRESENTATIONS OR WARRANTIES OR COVENANTS, EITHER EXPRESS OR IMPLIED, IN RESPECT OF THE PRODUCTS, INCLUDING WITHOUT LIMITATION, STATUTORY OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED AND EXCLUDED
WARRANTIES AND WARRANTY DISCLAIMER. 6.1. PINESTRAWDIGITAL - PINESTRAW DIGITAL WARRANTS THAT THE SERVICES WILL MATERIALLY CONFORM TO THE SERVICE DESCRIPTIONS. PINESTRAWDIGITAL - PINESTRAW DIGITAL’ ENTIRE LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDY UNDER THIS WARRANTY WILL BE, AT PINESTRAWDIGITAL - PINESTRAW DIGITAL’ SOLE OPTION AND SUBJECT TO APPLICABLE LAW, TO PROVIDE CONFORMING SERVICES OR TO TERMINATE THE NON-CONFORMING SERVICES, AND PROVIDE A PRORATED REFUND OF ANY UNUSED PREPAID FEES FROM THE PERIOD OF NONCONFORMANCE, AND RELIEF FROM ANY SUBSEQUENT ANNUAL PAYMENTS DUE, WITH RESPECT TO SUCH SERVICE. PINESTRAWDIGITAL - PINESTRAW DIGITAL SHALL PROVIDE CONSULTING SERVICES, IF PURCHASED, IN A PROFESSIONAL AND WORKMANLIKE MANNER. PINESTRAWDIGITAL - PINESTRAW DIGITAL’ ENTIRE LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDY UNDER THIS WARRANTY IS RE-PERFORMANCE OF THE CONSULTING SERVICES, OR IF RE-PERFORMANCE IS NOT POSSIBLE, OR CONFORMING, THEN PINESTRAWDIGITAL - PINESTRAW DIGITAL SHALL PROVIDE A REFUND THE AMOUNT PAID FOR THE NON-CONFORMING CONSULTING SERVICES.
6.2. THE FOREGOING LIMITED WARRANTY DOES NOT COVER PROBLEMS ARISING BY ACCIDENT, ABUSE OR USE IN A MANNER INCONSISTENT WITH THIS AGREEMENT OR RESULTING FROM EVENTS BEYOND PINESTRAWDIGITAL - PINESTRAW DIGITAL’ REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, UNAVAILABILITY OF OR OPERATION IN COMBINATION WITH A THIRD PARTY NETWORK OR SYSTEM, HARDWARE, SOFTWARE, SERVICE OR DATA. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PINESTRAWDIGITAL - PINESTRAW DIGITAL AND ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, AND ANY CONDITIONS OF QUALITY, AVAILABILITY, RELIABILITY, SECURITY, OR LACK OF VIRUSES, BUGS OR ERRORS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY IF CUSTOMER IS LOCATED IN SUCH A JURISDICTION.
WARRANTIES AND WARRANTY DISCLAIMER. (a) Each party warrants that it has the full power, right and authority to enter into this Agreement and that this Agreement constitutes a valid and binding agreement, enforceable in accordance with its terms. Vendor represents and warrants that (i) the System and Products were developed by Vendor without infringement or misappropriation of any third party's copyrights, trademarks, trade secrets, or patents that are known or should have been known to Vendor and Vendor either owns or has obtained all necessary rights in and to the hardware, software and information technology components that are the subject of and/or are to be used in the performance of this Agreement, such that Vendor's performance of this Agreement, and the use of the System, Products and related hardware, software and information technology components do not infringe upon any third-party's copyrights, trademarks, trade secrets or patents, that are known or should have been known to Vendor, (ii) the Products and System shall perform as set forth in this Agreement or any SOW or any specifications provided by Vendor, (iii) that there is currently no actual or threatened suit by any third party based on an alleged violation of any patents, trademarks, trade secrets or other intellectual property rights by Vendor; (iv) the Products or System will not introduce any "back door," "time bomb," "Trojan horse," "worm," "drop dead device," "virus," "preventative routines" or other computer software routines that permit access to or use of; disable, modify, damage or delete any data, computer hardware or other equipment or software operated or maintained by Reseller or Client(s); or perform any other such similar actions. Vendor warrants that there will be a minimum monthly uptime of 99.5% for the real time transaction portion of the Products. Vendor warrants that Products will be performed in a professional and workmanlike manner and will meet any specifications for the Products as set forth in Attachment A or any SOW. Reseller may warrant to Client on behalf of Vendor the warranties set forth in this Section. VENDOR MAKES NO OTHER WARRANTIES WITH RESPECT TO THE PRODUCTS OR ANY SERVICES AND DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE NOT OTHERWISE CONTAINED HEREIN. Reseller shall not make any liability or warranty statement to any Client on behalf of Vendor that is broader than the warranties herein unless Vendor give...
WARRANTIES AND WARRANTY DISCLAIMER. 10. 1. Some or all of this section may not apply to You if You are a consumer. Advice about Your legal rights is available from Your local Citizens' Advice Bureau or Trading Standards office.
10. 2. SAS warrants that it shall provide the Event and related services using reasonable skill and care. SAS warrants that it is under no obligation or restriction that would in any way prevent or interfere with its ability to perform its obligations under this Agreement.
WARRANTIES AND WARRANTY DISCLAIMER a. WISD warrants that the Services will be performed in a professional and workmanlike manner in accordance with industry standards. If the Services are completed incorrectly and/or not in accordance with the Customer’s specifications and/or industry standards, WISD will promptly re-perform or correct the Services at no additional charge.
b. WISD DISCLAIMS ALL WARRANTIES OTHER THAN THOSE PROVIDED IN THIS AGREEMENT AND DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WARRANTIES AND WARRANTY DISCLAIMER. 8.1 Each Party represents and warrants that it has all right, power and authority to enter into this Agreement and to grant the rights granted by it under this Agreement.
8.2 EXCEPT AS PROVIDED IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND THE ASSOCIATED SERVICES AND SOFTWARE SUPPORTING THE PLATFORM, AND ALL RELATED INFORMATION (INCLUDING THE CONFIDENTIAL INFORMATION OF HATHR), TECHNOLOGY AND SERVICES PROVIDED BY OR ON BEHALF OF HATHR ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND HATHR EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF HATHR IS ADVISED OF THE PURPOSE), TITLE, NON-INFRINGEMENT, OR ACCURACY. IN ADDITION, HATHR DOES NOT WARRANT THAT THE PLATFORM AND THE ASSOCIATED SERVICES AND SOFTWARE SUPPORTING THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THEY WILL MEET CUSTOMER’S NEEDS, OR THAT ANY DATA WILL NOT BE LOST.
WARRANTIES AND WARRANTY DISCLAIMER. 3.1 CMRI hereby represents and warrants that it has all authority, licenses, permits, consents and legal documentation necessary to enter into and perform under this Agreement, and
3.2 CMRI MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER, EXCEPT THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT. CMRI EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, NON-INFRINGEMENT, AND TITLE. CMRI DOES NOT WARRANT AGAINST INTERFERENCE WITH THE ENJOYMENT OF THE SERVICES. CMRI DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR THAT OPERATION OF THE SERVICES WILL BE SECURE OR UNINTERRUPTED. CMRI DOES NOT WARRANT THAT USE OF THE SERVICES WILL RESULT IN ANY SPECIFIC LEVEL OF IMPROVED PATIENT OUTCOMES.
