Warranties Disclaimer of Warranties. 6.1. Each party represents and warrants to the other party that: (i) it has the full power and authority to enter into this Agreement and to carry out its obligations under this Agreement; and (ii) it has complied, and will in the future comply, with all laws, rules and regulations applicable to it in connection with its execution, delivery and performance of this Agreement.
6.2. Neo4j represents and warrants to Subscriber that the Software will materially conform to Neo4j’s Documentation for a period of ninety (90) calendar days from the date the Software is first made available to Subscriber (the “Warranty Period”). Subscriber’s sole and exclusive remedy, and Neo4j’s sole and exclusive liability for any breach of this warranty will be, at Neo4j’s sole discretion, to either fix the Software or refund the applicable Software subscription fees paid by Subscriber, in each case on condition that Subscriber notifies Neo4j in writing of any alleged breach of this warranty within the Warranty Period. This warranty is null and void to the extent the Software: (i) fails to conform with this warranty as a result of its use with any third-party hardware, software, or services; (ii) is not upgraded to the currently supported version; or (iii) is used other than in accordance with the Documentation or is otherwise used in breach of this Agreement.
6.3. EXCEPT AS EXPRESSLY SET FORTH ABOVE IN THIS SECTION 6 AND TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW: (I) THE SOFTWARE AND SERVICES ARE PROVIDED TO SUBSCRIBER ON AN “AS IS” BASIS, WITH ANY AND ALL FAULTS, AND WITHOUT ANY WARRANTY OF ANY KIND; AND (II) NEO4J EXPRESSLY DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON- INFRINGEMENT OF THIRD PARTY RIGHTS. NEO4J DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED.
Warranties Disclaimer of Warranties. 5.1 MERCHANT unconditionally represents and warrants to BANK that all sales drafts submitted to BANK hereunder will represent the indebtedness of cardholder with whom MERCHANT has completed a sales transaction in amounts set forth therein for products only, shall not involve any element of credit for any other purposes and shall not be subject to any defense, dispute, offset or counterclaim which may be raised by a cardholder under the Card Associations’ Rules and Regulations, Discover Network Operating Regulations, or the Consumer Credit Protection Act (15 USC 1601) or other relevant state or federal statutes or regulations. Further, MERCHANT warrants that any credit voucher which it issues represents a bona fide refund or adjustment on a card sale by MERCHANT with respect to which a sales draft has been accepted by the BANK.
Warranties Disclaimer of Warranties. TSX shall endeavour to offer the Market Data provided as promptly and accurately as reasonably practicable. In the event that the Market Data is not available as a result of a failure by TSX to perform its obligations under the Agreement, TSX will endeavour, giving due regard for the cost, time and effect on other users, to correct such failure. TSX expressly disclaims, and the Subscriber hereby expressly waives, all warranties, representations, conditions, covenants or undertakings, express or implied, including without limitation warranties or conditions of merchantability and fitness for a particular purpose, timeliness, truthfulness, sequence, completeness, accuracy and freedom from interruption.
Warranties Disclaimer of Warranties. BANK’S REPRESENTATIONS, WARRANTIES, OBLIGATIONS AND LIABILITIES, AND CUSTOMER’S RIGHTS AND REMEDIES, SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE. THE SERVICE IS PROVIDED BY BANK AND ITS LICENSORS ON AN “AS IS” AND “AS AVAILABLE” BASIS. CUSTOMER HEREBY WAIVES AND RELEASES BANK AND ITS LICENSORS AND THEIR RESPECTIVE OWNERS, OFFICERS, AND EMPLOYEES FROM ALL OTHER REPRESENTATIONS, WARRANTIES OF ANY NATURE, OBLIGATIONS, AND LIABILITIES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE SERVICE, DOCUMENTATION, AUTHORIZED EQUIPMENT AND ANY AND ALL MATTERS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION: (i) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, PURPOSE OF APPLICATION, OR OTHER IMPLIED CONTRACTUAL WARRANTY; (ii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USEAGE OF TRADE; (iii) ANY WARRANTIES OF TIMELINESS OR NON-INFRINGEMENT; AND (iv) ANY OTHER WARRANTY WITH RESPECT TO QUALITY, ACCURACY OR FREEDOM FROM ERROR. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER BANK NOR ITS LICENSORS WARRANT THAT OPERATION OF THE SERVICE OR THE AUTHORIZED EQUIPMENT WILL BE ERROR-FREE OR UNINTERRUPTED. COMPANY FURTHER ACKNOWLEDGES THAT THERE ARE CERTAIN SECURITY, CORRUPTION, TRANSMISSION ERROR AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET AND/OR TELECOMMUNICATION LINES OR CIRCUITS. COMPANY HEREBY ASSUMES ALL RISKS RELATING TO THE FOREGOING.
Warranties Disclaimer of Warranties. By using the Deposit Capture service you are converting an original check to a substitute check. Therefore, you understand and agree that you are responsible, to the extent permitted by law, for all warranties and indemnifications set forth in Check 21 applying to any Reconverting Credit Union and Truncating Credit Union, as such terms are defined by Check 21, including, without limitation, the obligation to only convert an original check that allows for the creation of a substitute check that clearly and accurately represents the information on the front and back of the original check. CCCU and its agents may, but shall have no obligation to, screen items or Substitute Checks for legal compliance. You agree to defend, indemnify, and hold CCCU and its agents harmless from and against all liability,
Warranties Disclaimer of Warranties. (a) COMPANY ACKNOWLEDGES THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
(b) FFL MAKES NO AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING THE WARRANTY OF TITLE AND THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FFL DISCLAIMS ANY WARRANTIES REGARDING THE OPERATION, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, THAT THE SERVICES WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE). COMPANY FURTHER ACKNOWLEDGES THAT THERE ARE CERTAIN SECURITY, CORRUPTION, TRANSMISSION ERROR AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET AND/OR TELECOMMUNICATION LINES OR CIRCUITS. COMPANY HEREBY ASSUMES ALL RISKS RELATING TO THE FOREGOING.
Warranties Disclaimer of Warranties. The DRM Service will substantially conform to the Documentation applicable to such DRM Service. CSG represents and warrants that it will use commercially reasonable efforts to perform the DRM Service and such efforts will be performed in a professional manner, consistent with generally acceptable industry standards. EXCEPT AS SET FORTH ABOVE, CSG, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROVIDES THE DRM SERVICE STRICTLY “AS-IS”, AND WITH RESPECT TO SUCH DRM SERVICE, CSG MAKES NO ADDITIONAL WARRANTIES, EXPRESS OR IMPLIED, ARISING FROM COURSE OF DEALING, USAGE OF TRADE OR STATUTORY AND ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT (EXCEPT AND ONLY TO THE EXTENT PROVIDED IN SECTION IV.E.) ARE EXPRESSLY EXCLUDED. Customer further acknowledges that the warranties set forth in this Section IV.D. are solely made by CSG and CSG makes no representation or warranty to Customer on behalf of the DRM Licensor; provided, however, that CSG will pass through to Customer any and all representations and warranties received from its DRM Licensor.
Warranties Disclaimer of Warranties. 5.1 Licensors warrant that:
5.1.1 Except for the third party software identified in Exhibit B hereto which Licensors warrant is available from third party vendors, the Licensed Programs include all of the software used on the Effective Date by CBOT and Ceres in providing and supporting the CBOT Electronic Market electronic trading facilities and services for the users of CBOT.
5.1.2 To Licensors' knowledge as of the date hereof, (i) Licensors, taken together, and their respective licensors are the lawful owners of all intellectual property rights in the Licensed Programs with full rights to grant the license granted herein, and (ii) as delivered to Licensee, the Licensed Programs do not infringe the intellectual property rights of any third party and are not subject to Non-exclusive Software License Agreement - Final Confidential Materials omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. Asterisks denote omissions. any claim of infringement by any third party, provided that Licensors are aware of the claims under U.S. Patent No. 4,903,201 (the "Patent") asserted in the case captioned eSpeed, Inc. and Electronic Trading Systems Corporation v. Board of Trade, et al., Civil Action No. 3-99CV1016-M, pending in the United Stated District Court for the Northern District of Texas (the "Texas Case"). None of the parties to this Agreement have any reason to believe that, when used in the manner contemplated in this Agreement, the System does or will infringe any valid patent rights of the plaintiff in the Texas Case. Notwithstanding any other provisions of this Agreement, no Party shall have any liability (including, without limitation, under Section 5.2) to another Party under this Agreement arising out of or in connection with the Patent or any claims asserted with respect thereto, in the Texas Case or otherwise, based upon the Patent.
5.1.3 To Licensors' knowledge as of the date hereof, the Licensed Programs do not contain any timer, clock, counter or other limiting design or routine which causes the Licensed Programs to become erased, inoperable or otherwise incapable of being used in the full manner for which they are designed and licensed pursuant to this Agreement after being used or copied a certain number of times, or after the lapse of a certain period of time, after the occurrence or lapse of any similar triggering factor or event, or because they have been installed on or moved to...
Warranties Disclaimer of Warranties. A. IRIO will comply with the guidelines of the Mobile Marketing Association, in performing its Services.
B. IRIO’S SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE, COURSE OF DEALING, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. IRIO DOES NOT WARRANT OR REPRESENT THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS OR SATISFACTION, OR WILL ACHIEVE A PARTICULAR RESULT. MOREOVER, IRIO DOES NOT WARRANT THE EFFECTIVENESS, WORK, PERFORMANCE, OR QUALITY OF ANY SERVICES PROVIDED BY ANY THIRD-PARTY.
Warranties Disclaimer of Warranties. The TSE shall endeavour to offer the Market Data provided as promptly and accurately as reasonably practicable. In the event that the Market Data is not available as a result of a failure by the TSE to perform its obligations under the Agreement, the TSE will endeavour, giving due regard for the cost, time and effect on other users, to correct such failure. The TSE expressly disclaims, and the Subscriber hereby expressly waives, all warranties, representations, conditions, covenants or undertakings, ex press or implied, including without limitation warranties or conditions of merchantability and fitness for a particular purpose, timeliness, truthfulness, sequence, completeness, accuracy and freedom from interruption.
