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.
Appears in 2 contracts
Samples: Services Agreement, End User License Agreement
WARRANTIES AND WARRANTY DISCLAIMER. (a) SoftwareONE and RHONDOS each 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 OR RHONDOS UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ACCORDINGLY, SOFTWAREONE AND RHONDOS 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 AND RHONDOS MAKE 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.ANY
Appears in 1 contract
Samples: End User License Agreement (Eula)
WARRANTIES AND WARRANTY DISCLAIMER. CITRIX WARRANTS THAT THE SERVICES, INCLUDING WITHOUT LIMITATION ANY COMPONENTS DELIVERED WITH SERVICES, WILL MATERIALLY CONFORM TO THE SERVICE DESCRIPTIONS. CITRIX DOES NOT REPRESENT OR WARRANT THAT (aI) 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 AgreementTHE USE OF SUCH SERVICES WILL BE TIMELY, SoftwareONE will not knowingly introduce malicious code or other defects into the Software.
(b) EXCEPT FOR UNINTERRUPTED OR ERROR FREE, OR OPERATE IN COMBINATION WITH ANY EXPRESS WARRANTIES SET OUT IN THIS AGREEMENTOTHER HARDWARE, THE SOFTWARE, THE DOCUMENTATIONSYSTEM OR DATA, THE SUPPORT (II) SUCH SERVICES WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS, OR (III) ALL ERRORS OR DEFECTS WILL BE CORRECTED. CITRIX’ ENTIRE LIABILITY AND ALL OTHER PRODUCTS OR SERVICES PROVIDED BY SOFTWAREONE CUSTOMER’S EXCLUSIVE REMEDY UNDER THIS AGREEMENT ARE PROVIDED ON AN “WARRANTY WILL BE, AT CITRIX’ SOLE OPTION AND SUBJECT TO APPLICABLE LAW, TO PROVIDE CONFORMING SERVICES, INCLUDING REPLACEMENT COMPONENTS AS IS” REQUIRED, OR TO TERMINATE THE NON-CONFORMING SERVICES, AND “AS AVAILABLE” BASIS AND ACCORDINGLY, SOFTWAREONE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES PROVIDE A PRO-RATED REFUND OF ANY KIND OR NATURE PREPAID FEES FROM THE PERIOD OF NON-CONFORMANCE THROUGH THE END OF THE REMAINING TERM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CITRIX DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, ACCURACY OF INFORMATIONAL CONTENT, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR QUIET ENJOYMENTAND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, TOGETHER WITH ANY THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CUSTOMERS LOCATED IN SUCH JURISDICTIONS. THE SERVICE DESCRIPTIONS MAY CONTAIN ADDITIONAL LIMITED WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. IN ADDITION, SOFTWAREONE MAKES NO REPRESENTATION AND/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 DISCLAIMERS APPLICABLE TO INDIVIDUAL SAAS 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.
Appears in 1 contract
Samples: Terms of Service
WARRANTIES AND WARRANTY DISCLAIMER. CITRIX WARRANTS THAT THE SERVICES, INCLUDING WITHOUT LIMITATION ANY COMPONENTS DELIVERED WITH SERVICES, WILL MATERIALLY CONFORM TO THE SERVICE DESCRIPTIONS. CITRIX AND ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT (aI) 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 AgreementTHE USE OF SUCH SERVICES WILL BE TIMELY, SoftwareONE will not knowingly introduce malicious code or other defects into the Software.
(b) EXCEPT FOR UNINTERRUPTED OR ERROR FREE, OR OPERATE IN COMBINATION WITH ANY EXPRESS WARRANTIES SET OUT IN THIS AGREEMENTOTHER HARDWARE, THE SOFTWARE, SYSTEM OR DATA, (II) SUCH SERVICES WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS, (III) ALL ERRORS OR DEFECTS WILL BE CORRECTED, OR (IV) THE DOCUMENTATIONSERVICES WILL BE FREE FROM ANY HARMFUL COMPONENTS OR THAT ANY CONTENT, INCLUDING CUSTOMER OR THIRD PARTY CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. THE SUPPORT SERVICES 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 CITRIX’ REASONABLE CONTROL. CITRIX’ ENTIRE LIABILITY AND ALL OTHER PRODUCTS OR SERVICES PROVIDED BY SOFTWAREONE CUSTOMER’S EXCLUSIVE REMEDY UNDER THIS AGREEMENT ARE PROVIDED ON AN “WARRANTY WILL BE, AT CITRIX’ SOLE OPTION AND SUBJECT TO APPLICABLE LAW, TO PROVIDE CONFORMING SERVICES, INCLUDING REPLACEMENT COMPONENTS AS IS” REQUIRED, OR TO TERMINATE THE NON-CONFORMING SERVICES, AND “AS AVAILABLE” BASIS AND ACCORDINGLY, SOFTWAREONE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES PROVIDE A PRO-RATED REFUND OF ANY KIND OR NATURE PREPAID FEES FROM THE PERIOD OF NON-CONFORMANCE THROUGH THE END OF THE REMAINING TERM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CITRIX 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 TITLE, NONINFRINGEMENT, MERCHANTABILITY, ACCURACY OF INFORMATIONAL CONTENT, SATISFACTORY QUALITY, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR QUIET ENJOYMENT, TOGETHER WITH AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALINGDEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, USAGE OR TRADE PRACTICETHEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CUSTOMERS LOCATED IN SUCH JURISDICTIONS. IN ADDITION, SOFTWAREONE MAKES NO REPRESENTATION THE SERVICE DESCRIPTIONS MAY CONTAIN ADDITIONAL LIMITED WARRANTIES AND/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 DISCLAIMERS APPLICABLE TO INDIVIDUAL SAAS 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.
Appears in 1 contract
Samples: End User Services Agreement
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 Agreement6.1. CITRIX WARRANTS THAT THE SERVICES WILL MATERIALLY CONFORM TO THE SERVICE DESCRIPTIONS. CITRIX’ ENTIRE LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDY UNDER THIS WARRANTY WILL BE, SoftwareONE will not knowingly introduce malicious code or other defects into the SoftwareAT CITRIX’ SOLE OPTION AND SUBJECT TO APPLICABLE LAW, TO PROVIDE CONFORMING SERVICESOR TO TERMINATE THE NON-CONFORMING SERVICES, AND PROVIDE A PRORATED REFUND OF ANY UNUSED PREPAID FEES FROM THE PERIOD OF NON-CONFORMANCE, AND RELIEF FROM ANY SUBSEQUENT ANNUAL PAYMENTS DUE, WITH RESPECT TO SUCH SERVICE. CITRIX SHALL PROVIDE CONSULTING SERVICES, IF PURCHASED, IN A PROFESSIONAL AND WORKMANLIKE MANNER. CITRIX’ 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 CITRIX SHALL PROVIDE A REFUND THE AMOUNT PAID FOR THE NON-CONFORMING CONSULTING SERVICES.
(b) EXCEPT FOR ANY EXPRESS WARRANTIES SET OUT 6.2. THE FOREGOING LIMITED WARRANTY DOES NOT COVER PROBLEMS ARISING BY ACCIDENT, ABUSE OR USE IN A MANNER INCONSISTENT WITH THIS AGREEMENTAGREEMENT OR RESULTING FROM EVENTS BEYOND CITRIX’ REASONABLE CONTROL, THE INCLUDING, WITHOUT LIMITATION, UNAVAILABILITY OF OR OPERATION IN COMBINATION WITH A THIRD PARTY NETWORK OR SYSTEM, HARDWARE, SOFTWARE, THE DOCUMENTATION, THE SUPPORT SERVICES AND ALL OTHER PRODUCTS SERVICE 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 DATA. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CITRIX AND ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING INCLUDING, WITHOUT LIMITATION LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, ACCURACY OF INFORMATIONAL CONTENT, SATISFACTORY QUALITY, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR QUIET ENJOYMENTAND NON-INFRINGEMENT, TOGETHER WITH AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALINGDEALING OR USAGE OF TRADE, 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”CONDITIONS OF QUALITY, “AS AVAILABLE” AVAILABILITY, RELIABILITY, SECURITY, OR LACK OF VIRUSES, BUGS OR ERRORS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES 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 CONDITIONS, THEREFORE SOME OF THE THIRD PARTY ITEMSABOVE EXCLUSIONS MAY NOT APPLY IF CUSTOMER IS LOCATED IN SUCH A JURISDICTION.
Appears in 1 contract
Samples: End User Services Agreement
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 Agreement6.1. XXXXX WARRANTS THAT THE SERVICES WILL MATERIALLY CONFORM TO THE SERVICE DESCRIPTIONS. WRIKE’S ENTIRE LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDY UNDER THIS WARRANTY WILL BE, SoftwareONE will not knowingly introduce malicious code or other defects into the SoftwareAT WRIKE’S 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 NON- CONFORMANCE, AND RELIEF FROM ANY SUBSEQUENT ANNUAL PAYMENTS DUE, WITH RESPECT TO SUCH SERVICE. WRIKE SHALL PROVIDE CONSULTING SERVICES, IF PURCHASED, IN A PROFESSIONAL AND WORKMANLIKE MANNER. WRIKE’S 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 WRIKE SHALL PROVIDE A REFUND THE AMOUNT PAID FOR THE NON-CONFORMING CONSULTING SERVICES.
(b) EXCEPT FOR ANY EXPRESS WARRANTIES SET OUT 6.2. THE FOREGOING LIMITED WARRANTY DOES NOT COVER PROBLEMS ARISING BY ACCIDENT, ABUSE OR USE IN A MANNER INCONSISTENT WITH THIS AGREEMENTAGREEMENT OR RESULTING FROM EVENTS BEYOND WRIKE’S REASONABLE CONTROL, THE INCLUDING, WITHOUT LIMITATION, UNAVAILABILITY OF OR OPERATION IN COMBINATION WITH A THIRD PARTY NETWORK OR SYSTEM, HARDWARE, SOFTWARE, THE DOCUMENTATION, THE SUPPORT SERVICES AND ALL OTHER PRODUCTS SERVICE 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 DATA. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WRIKE AND ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING INCLUDING, WITHOUT LIMITATION LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, ACCURACY OF INFORMATIONAL CONTENT, SATISFACTORY QUALITY, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR QUIET ENJOYMENTAND NON-INFRINGEMENT, TOGETHER WITH AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALINGDEALING OR USAGE OF TRADE, 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”CONDITIONS OF QUALITY, “AS AVAILABLE” AVAILABILITY, RELIABILITY, SECURITY, OR LACK OF VIRUSES, BUGS OR ERRORS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES 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 CONDITIONS, THEREFORE SOME OF THE THIRD PARTY ITEMSABOVE EXCLUSIONS MAY NOT APPLY IF CUSTOMER IS LOCATED IN SUCH A JURISDICTION.
Appears in 1 contract
Samples: Terms of Service
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) 8.1 EXCEPT FOR ANY EXPRESS WARRANTIES SET OUT AS PROVIDED IN THIS AGREEMENTAGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE, PLATFORM AND THE DOCUMENTATION, THE SUPPORT ASSOCIATED SERVICES AND SOFTWARE SUPPORTING THE PLATFORM, AND ALL OTHER PRODUCTS OR RELATED INFORMATION (INCLUDING THE CONFIDENTIAL INFORMATION OF INKY), TECHNOLOGY AND SERVICES PROVIDED BY SOFTWAREONE UNDER THIS AGREEMENT ARE PROVIDED OR ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ACCORDINGLY, SOFTWAREONE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES BEHALF 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 INKY ARE PROVIDED “AS IS” AND “AS AVAILABLEWHERE IS” AND WITHOUT ANY REPRESENTATION REPRESENTATIONS OR WARRANTY WARRANTIES OF ANY KIND, EXPRESS OR CONCERNING IMPLIED, AND INKY EXPRESSLY DISCLAIMS ANY THIRDIMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF INKY IS ADVISED OF THE PURPOSE), TITLE, NON-PARTY ITEMS IS STRICTLY BETWEEN YOU INFRINGEMENT, OR ACCURACY. IN ADDITION, INKY DOES NOT WARRANT THAT THE PLATFORM AND THE THIRDASSOCIATED SERVICES AND SOFTWARE SUPPORTING THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THEY WILL MEET END USER’S NEEDS, OR THAT ANY DATA WILL NOT BE LOST.
8.2 Without limiting any of the foregoing and in addition thereto, no guarantee is made that the Platform eliminates any or all risk of loss, damage, or unauthorized access to End User’s information systems, software and equipment, or other unwanted effects on End User’s infrastructure or business, including the inability or the excessive delay to send or receive emails, as the result of processing emails for email-PARTY OWNER OR DISTRIBUTOR OF THE THIRD PARTY ITEMSbased threats (whether or not detected by the Platform), and Inky assumes no obligation or liability with respect to any of the foregoing. It is not possible to detect or alert End Users to all threats, and there is no guarantee that End Users will observe and take appropriate action with respect to any alerts the Platform provides. Inky is not responsible for any failure by any End User to observe or comprehend any alert issued by the Platform, or for any action or inaction taken by End Users in response to any such alerts. The Platform is intended to be part of, and not a substitute for, End User’s implementation of sound information security practices.
Appears in 1 contract
Samples: End User License Agreement
