Common use of Warranties Disclaimers Clause in Contracts

Warranties Disclaimers. 10.1. The Company shall provide the Service to you with reasonable skill and care in a professional manner. The Company shall provide technical support to you based on the support level designated in your proposal and confirmed purchase documentation. General descriptions of the various services may be published on the Company’s main website. 10.2. The availability of the Company Products and Services may be affected (and the Company shall not be liable in such cases unless directly caused by the Company) by: hardware or telecommunications failures; the effects of the failure or interruption of the Service by third parties; delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including without limitation the internet, other factors outside the Company’s reasonable control; your actions or omissions (including without limitation, breach of your obligations set out in this Agreement) or those of any third parties (including but not limited to breaks in the continuity of the electricity supply or of the telecommunications linked to the Company’s applicable server(s)); and interruptions to the Service resulting from any request by you. 10.3. If the Products and Services are unavailable or defective in any way then to the extent that such defect or unavailability is caused by a breach of this Agreement by the Company, the Company will at its expense, use reasonable endeavors to correct any such unavailability or defect promptly. Such correction is your sole and exclusive remedy for (a) the unavailability of the Products and Services, and (b) any breach of Section 10.1 above. 10.4. The Company warrants that it possesses all necessary authority and permissions to the Products and Services to grant the licenses to you as set out herein. 10.5. Each party warrants that: (a) it is duly organized and validly existing and authorized to do business in the jurisdictions where it operates; (b) it has the requisite power and authority to enter into this Agreement; and (c) entering and complying with its obligations under this Agreement does not violate any legal obligation by which such party is bound.

Appears in 3 contracts

Samples: Customer Agreement, Customer Agreement, Customer Agreement

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Warranties Disclaimers. 10.1. The Company 4me shall provide the Service to you with reasonable skill and care in a professional manner. The Company 4me shall provide technical support to you based (premium level if you are on the support level designated in your proposal and confirmed purchase documentation. General descriptions of the various services may be published on the Company’s main website.Consumption Model or Service Credit Model) as set out at xxxxx://xxx.0xx.xxx/support/ 10.2. The availability of the Company Products and Services Service may be affected (and the Company 4me shall not be liable in such cases unless directly caused by the Company4me) by: by hardware or telecommunications failures; the effects of the failure or interruption of the Service by third parties; delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including without limitation the internet, other factors outside the Company’s our reasonable control; your actions or omissions (including without limitation, breach of your obligations set out in this Agreement) or those of any third parties (including but not limited to breaks in the continuity of the electricity supply or of the telecommunications linked to the Company’s applicable server(s)our server); and interruptions to the Service resulting from any request by you. 10.3. If the Products and Services are Service is unavailable or defective in any way then to the extent that such defect or unavailability is caused by a breach of this Agreement by the Company4me, the Company 4me will at its expense, use reasonable endeavors to correct any such unavailability or defect promptly. Such correction is your sole and exclusive remedy for (ai) the unavailability of the Products Services and Services, and (bii) any breach of Section 10.1 above. 10.4. The Company 4me warrants that it possesses all necessary authority and permissions to the Products Service and Services 4me Properties to grant the licenses to you as set out herein. 10.5. Each party warrants that: (a) it is duly organized and validly existing and authorized to do business in the jurisdictions where it operates; and (b) it has the requisite power and authority to enter into this Agreement; Agreement and (c) entering and complying with its obligations under this Agreement does not violate any legal obligation by which such party is bound.

Appears in 2 contracts

Samples: Customer Agreement, Customer Agreement

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