WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we will perform the Services using commercially reasonable care and skill in all material respects as described in the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services).
6.2 WE DO NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES.
6.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION.
6.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 7.1 Oracle provides a limited warranty (“Oracle Hardware Warranty”) for (i) the Hardware, (ii) the Operating System and the Integrated Software and the Integrated Software Options, and (iii) the Operating System media, the Integrated Software media and the Integrated Software Options media (“media”, and (i), (ii) and (iii) collectively, “Hardware Items”). Oracle warrants that the Hardware will be free from, and using the Operating System and Integrated Software and Integrated Software Options will not cause in the Hardware, material defects in materials and workmanship for one year from the date the Hardware is delivered to You. Oracle warrants that the media will be free from material defects in materials and workmanship for a period of 90 days from the date the media is delivered to You. You may access a more detailed description of the Oracle Hardware Warranty at xxxx://xxx.xxxxxx.xxx/us/support/policies/index.html (“Warranty Web Page”). Any changes to the Oracle Hardware Warranty specified on the Warranty Web Page will not apply to Hardware or media ordered prior to such change. The Oracle Hardware Warranty applies only to Hardware and media that have been (1) manufactured by or for Oracle, and (2) sold by Oracle (either directly or by an Oracle-authorized distributor). The Hardware may be new or like new. The Oracle Hardware Warranty applies to Hardware that is new and Hardware that is like-new which has been remanufactured and certified for warranty by Oracle.
7.2 Oracle also warrants that technical support services and Hardware-related Service Offerings (as referenced in section 6 above) ordered and provided under this Schedule H will be provided in a professional manner consistent with industry standards. You must notify Oracle of any technical support service or Hardware-related Service Offerings warranty deficiencies within 90 days from performance of the deficient technical support service or Hardware-related Service Offerings.
WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 11.1. Oracle warrants that it will perform the Professional Services in a professional manner in accordance with the Service Specifications for such services. If the Professional Services provided to You were not performed as warranted, You must provide written notice to Oracle within 15 days after the performance of the deficient Professional Services that describes the deficiency in the Services.
11.2. THE CONFERENCE ROOM PILOT CLOUD SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY, AND ORACLE HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTEES, AND CONDITIONS WITH REGARD TO THE PILOT CLOUD SERVICES AND ANY THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH, WITHIN, OR IN CONJUNCTION WITH YOUR USE OF, THE SERVICES.
11.3. ORACLE DOES NOT GUARANTEE THAT (A) THE SERVICES WILL BE PERFORMED ERROR- FREE OR UNINTERRUPTED, OR THAT ORACLE WILL CORRECT ALL SERVICES ERRORS, OR
WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 9.1 Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. Oracle warrants that during the Term, Oracle will perform (i) the Cloud Service using commercially reasonable care and skill in all material respects as described in the Oracle Written Materials, and (ii) any Professional Services and Support Services in a professional manner consistent with industry standards (the warranties described by the foregoing clauses (i) and (ii), collectively, the “Services Warranty”). If the Services provided to Customer were not performed as warranted, Customer must promptly provide Oracle with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying Oracle of the deficiency in the Services). For Professional Services, Customer must notify Oracle of any warranty deficiencies within 60 days from performance of the deficient Professional Services.
WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. Oracle warrants that a program licensed to you will operate in all material respects as described in the applicable program documentation for one year after delivery. You must notify Oracle of any program warranty deficiency within one year after delivery. Oracle also warrants that services ordered will be provided in a professional manner consistent with industry standards. You must notify Oracle of any services warranty deficiencies within 90 days from performance of the services described in the ordering document.
WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 6.1 Oracle warrants that the Oracle Linux/Oracle VM Service Offering(s) will be provided in a professional manner consistent with industry standards. You must notify Oracle of any Oracle Linux/Oracle VM Service Offering(s) warranty deficiencies within 90 days from performance of the defective Oracle Linux/Oracle VM Service Offering(s).
6.2 TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY IS EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6.3 ORACLE DOES NOT GUARANTEE THAT THE COVERED PROGRAMS WILL PERFORM ERROR-FREE OR UNINTERRUPTED OR THAT ORACLE WILL CORRECT ALL PROGRAM ERRORS. FOR ANY BREACH OF THE ABOVE WARRANTIES, YOUR EXCLUSIVE REMEDY, AND ORACLE’S ENTIRE LIABILITY, SHALL BE THE REPERFORMANCE OF THE DEFICIENT ORACLE LINUX/ORACLE VM SERVICE OFFERING, OR IF ORACLE CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE RELEVANT ORACLE LINUX/ORACLE VM SERVICE OFFERING AND RECOVER THE FEES PAID TO ORACLE FOR THE DEFICIENT ORACLE LINUX/ORACLE VM SERVICE OFFERING.
WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 11.1 Datatank warrants that during the Subscription Term (a) the CONNECT Fraud Hub will achieve in all material respects the functionality described in the Service, and (b) such functionality will not be materially decreased during the Subscription Term. Datatank does not warrant that the CONNECT Fraud Hub will be error-free. Customer’s sole and exclusive remedy for Datatank’ breach of this warranty shall be that Datatank shall be required to use commercially reasonable efforts to modify the CONNECT Fraud Hub to achieve in all material respects the functionality described in the Service Definition. If Datatank is unable to restore such functionality, Customer shall be entitled to terminate the Agreement and shall be entitled to a pro-rata refund of the Transaction Fees paid under the Agreement, for the terminated portion of the Subscription Term.
11.2 Datatank warrants that during the Subscription Term the CONNECT Fraud Hub will meet the service levels specified in the Service Level Agreement listed in Schedule I. In the event Datatank fails to achieve the applicable service level in any month, Customer will be entitled, as its sole and exclusive remedy, to a service credit in accordance with the terms set forth in Schedule I. The Customer agrees that Datatank system logs and other records shall be used to calculate service levels.
11.3 Datatank shall have no obligation with respect to any claim under the above warranties unless notified of such a claim within sixty (60) days of the first instance of the performance of the deficient Services. Such notice must be sent to xxxxxxx@xxxxxxxx.xx.xx.
11.4 Except as stated in Section 11, Datatank does not represent that the Customer’s use of the Service will be secure, timely, error free or uninterrupted, or that the Services will meet Customer’s requirements, or that errors in the Services will be corrected. To the extent permitted by law, these warranties are exclusive and all other warranties or conditions or terms whether express or implied are expressly excluded, including warranties or conditions of merchantability, satisfactory quality, and fitness for a particular purpose. The Customer assumes all responsibility for determining whether the Service or the information generated thereby is accurate or sufficient for Customer’s purposes.
WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period, we will perform the Services using commercially reasonable care and skill in all material respects as described in the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services).
WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. For the sake of clarity, this is Oracle’s warranty; nevertheless, it shall be accessed by You through the Contractor. Oracle warrants that during the Services Period, Oracle will perform Services using commercially reasonable care and skill in all material respects as described in the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide written notice to Oracle that describes the deficiency in the Services (including, as applicable, the service request number notifying Oracle of the deficiency in the Services).
WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. The provisions of this section do not apply to third party programs. Oracle warrants that a program licensed to you will operate in all material respects as described in the applicable program documentation for one year after delivery (i.e. via physical shipment or electronic download. You must notify Oracle of any program warranty deficiency within one year after delivery. Oracle also warrants that services ordered will be provided in a professional manner consistent with industry standards. You must notify Oracle of any services warranty deficiencies within 90 days from performance of the services described in your purchase order. If you purchase Oracle hardware, the standard Oracle hardware warranty in effect at the time of purchase will apply. This warranty information is available at xxxx://xxx.xxxxxx.xxx/support/policies.html.
