Warranties and Warranty Disclaimers. 11.1 Each Party warrants to the other that it has the full right and power to enter into this Agreement. OGT further warrants that it is entitled to license the OGT Patent Rights as licensed herein and has not previously assigned them or entered into any agreement relating to them which might affect its ability to license the OGT Patent Rights in accordance with the provisions of this Agreement. * Material has been omitted pursuant to a request for confidential treatment, and such material has been filed separately with the SEC.
Warranties and Warranty Disclaimers. 8.1 Each party warrants that it (a) has full power and authority to enter into the Agreement and perform its obligation herein, (b) will conduct business in a professional manner and in compliance with all applicable laws; (c) will avoid deceptive, misleading, or unethical practices that are or might be detrimental to the other party or its products or services; and (d) will make no false or misleading representations with respect to the other party’s products or services.
Warranties and Warranty Disclaimers. 11.1. Except with respect to Trial Access, Trilio warrants solely to you that the Software will perform substantially in accordance with the accompanying written materials for the Subscription Period. For any breach of this warranty, Trilio will use commercially reasonable efforts to repair or replace the affected Software. If the foregoing remedy is not commercially practicable, Trilio may, in its sole discretion, terminate the applicable Order Form and refund to Customer or its Authorized Reseller, as applicable, any prepaid Fees for the affected Software covering the remainder of the Subscription Period. The remedies set out in this Section are the Customer’s sole and exclusive remedies for breach of the warranties contained herein. Trilio makes no warranty that the Software will meet your requirements or operate under your specific conditions of use nor that your use of the Software will be uninterrupted or error free at all times and in all circumstances, nor that program errors will be corrected. YOU MUST DETERMINE WHETHER THE SOFTWARE MEETS YOUR REQUIREMENTS. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO THE FAILURE OF THE SOFTWARE TO MEET YOUR REQUIREMENTS. TRILIO WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE. This limited warranty shall not apply to any error or failure resulting from (i) machine error, (ii) failure to follow operating instructions, (iii) negligence or accident, or (iv) modifications to the Software by any person or entity other than Trilio. In the event of a breach of warranty, your sole and exclusive remedy and Trilio’s sole and exclusive obligation, is repair of all or any portion of the Software. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 11, XXXXXX DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Warranties and Warranty Disclaimers. 11.1. THE EVALUATION SOFTWARE AND THE BASIC EDITION SOFTWARE ARE LICENSED ‘AS IS’. YOU BEAR THE RISK OF USING THEM. TRILIO WILL HAVE NO LIABILITY WHATSOEVER FOR ANY HARM OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE EVALUATION SOFTWARE AND THE BASIC EDITION SOFTWARE. TRILIO GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, TRILIO EXCLUDES THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Warranties and Warranty Disclaimers. 5.1 Each party represents and warrants to the other that:
Warranties and Warranty Disclaimers. EBM warrants that for a period of one hundred and twenty (120) days from delivery: (i) the Subscription Services will function substantially as described in the Documentation and shall be subject to the commitments set forth in the EBM Policies, which are incorporated herein and subject hereto; (ii) any Work Product resulting from Professional Services will substantially conform to the specifications relating thereto as expressly set forth in an SOW; (iii) it owns or otherwise has the right to provide the Subscription Services and Professional Services to Customer under this Agreement;
Warranties and Warranty Disclaimers. EBM warrants that for a period of one hundred and twenty (120) days from delivery: (i) the Subscription Services will function substantially as described in the Documentation and shall be subject to the commitments set forth in the EBM Policies, which are incorporated herein and subject hereto; (ii) any Work Product resulting from Professional Services will substantially conform to the specifications relating thereto as expressly set forth in an SOW; (iii) it owns or otherwise has the right to provide the Subscription Services and Professional Services to Customer under this Agreement; (iv) the Professional Services shall be performed in a timely and professional manner, with reasonable care, skill, and diligence, by qualified and competent individuals familiar with the types of Services, and consistent with industry practices. In the event that EBM breaches the foregoing warranty(ies) within the 120-day period, then EBM may, at its option, either
Warranties and Warranty Disclaimers. The Services and CrossLayer Equipment are provided “AS IS”, without any warranties of any kind. CROSSLAYER MAKES NO EXPRESS WARRANTY REGARDING THE SERVICES OR THE CROSSLAYER EQUIPMENT AND DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, QUALITY, PERFORMANCE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. XXXXXXXXXX MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. CROSSLAYER DOES NOT AUTHORIZE ANYONE, INCLUDING, BUT NOT LIMITED TO, EMPLOYEES, AGENTS OR REPRESENTATIVES OF CROSSLAYER, TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.
Warranties and Warranty Disclaimers. We represent and warrant that (a) we will comply with all applicable state or federal laws and regulations regarding the use of the Content Services; and (b) the Content Services will not knowingly contain any viruses, worms, Trojan horses, or other malicious code specifically designed to permit unauthorized access to devices or Equipment. WE DO NOT WARRANT THAT THE CONTENT SERVICES OR THE SYSTEM WILL MEET YOUR REQUIREMENTS, PROVIDE UNINTERRUPTED USE, OR OPERATE AS REQUIRED, WITHOUT DELAY, OR WITHOUT ERROR. OTHER THAN THE WARRANTIES EXPRESSLY SET FORTH IN THESE TERMS, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Warranties and Warranty Disclaimers
