Warranty and Disclaimer. Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Company or by third-party providers, or because of other causes beyond Company’s reasonable control, but Company shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Warranty and Disclaimer. Service Provider shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Service Provider or by third-party providers, or because of other causes beyond Service Provider’s reasonable control, but Service Provider shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. Customer’s sole remedy for breach of this warranty is set forth as “credits” in the Service Level Addendum for SaaS. HOWEVER, SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6, THE SERVICES, SOFTWARE, SUPPORT SERVICES, CONFIDENTIAL INFORMATION, AND ALL OTHER TECHNOLOGY, SOFTWARE, SERVICES, DATA AND MATERIALS PROVIDED BY SERVICE PROVIDER ARE PROVIDED “AS IS”, “WHERE IS”, AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS SECTION 6 (WARRANTY) OR ELSEWHERE IN THE AGREEMENT, SERVICE PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF CUSTOMER’S PRIVACY, TECHNOLOGY, SOFTWARE, DATA, CONFIDENTIAL INFORMATION, OR OTHER MATERIALS.
Warranty and Disclaimer. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE MANUAL IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, AND AGENTS DO NOT WARRANT THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE MANUAL, OR THAT THE MANUAL WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE MANUAL WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES OF ANY KIND, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE MANUAL, HOWEVER CAUSED, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE MANUAL IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMER.
Warranty and Disclaimer. Solely with respect to the Software, along with corrections, upgrades, modifications, Baxter hereby provides the following pass-through warranties: (i) the FDB CUSTOMIZED KNOWLEDGE BASE will be updated on a quarterly basis; and (ii) FDB exclusively owns, free and clear of all Liens, all right, title and interest in and to thee Software and all intellectual property therein. WHILE FDB HAS SOUGHT TO DESIGN THE SOFTWARE AS A TIME-SAVING REFERENCE SOLUTION AND TOOLS TO MAKE MEDICAL AND OTHER SCIENTIFIC INFORMATION AVAILABLE TO ITS USERS, EXCEPT FOR THE EXPRESS WARRANTY SET FORTH HEREIN, FDB IS PROVIDING AND LICENSING THE SOFTWARE AND ANY OTHER ITEMS, MATERIALS OR SERVICES PROVIDED OR MADE AVAILABLE TO YOU PURSUANT TO THIS AGREEMENT ON AN “AS IS” BASIS, AND ALL IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED BY FDB AND COMPANY. NEITHER COMPANY NOR FDB WARRANTS THAT THE SOFTWARE WILL OPERATE ON AN UNINTERRUPTED OR ERROR-FREE BASIS, AND NO REPRESENTATION OR WARRANTY IS MADE AS TO THE SELECTION OR ACCURACY OF THE SOFTWARE, OR WHETHER SUCH SOFTWARE CONTAINS AN IDENTICAL OR ACCURATE REPRODUCTION OF THE ORIGINAL LITERATURE OR SOURCE MATERIALS. Without limitation of the foregoing, End User acknowledges and further agrees that:
Warranty and Disclaimer. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN OR IN ANY PSA, BUT SUBJECT TO THE INDEMNITIES CONTAINED IN SECTION 12 OF THE AGREEMENT, THE INTELLECTUAL PROPERTY AND TECHNOLOGY LICENSED BY EACH PARTY TO THE OTHER PARTY PURSUANT TO THIS AGREEMENT IS FURNISHED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUALITY, USEFULNESS, COMMERCIAL UTILITY, ADEQUACY, COMPLIANCE WITH ANY LAW, DOMESTIC OR FOREIGN AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
Warranty and Disclaimer. FOCUSIT shall use reasonable efforts consistent with prevailing industry standards to maintain the FOCUSIT Applications in a manner which minimizes errors and interruptions in the FOCUSIT Applications and shall perform the Implementation FOCUSIT Applications in a professional and workmanlike manner. FOCUSIT Applications may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by FOCUSIT or by third-party providers, or because of other causes beyond FOCUSIT’s reasonable control, but FOCUSIT shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, FOCUSIT DOES NOT WARRANT THAT THE FOCUSIT APPLICATIONS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE FOCUSIT APPLICATIONS. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE FOCUSIT APPLICATIONS AND IMPLEMENTATION FOCUSIT APPLICATIONS ARE PROVIDED “AS IS” AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Warranty and Disclaimer. JumpMind warrants that during each Term it will use its commercially reasonable efforts to ensure that Services are conducted in a workmanlike manner by qualified personnel. Except for the foregoing, Product and Services are provided to Customer "as is," without any warranties of any kind, including, but not limited to, warranties concerning the installation, use or performance of the Product and Services. JumpMind and its suppliers disclaim any and all warranties, either express or implied, including but not limited to any warranty of merchantability fitness for a particular purpose and/or non- infringement. JumpMind and its suppliers do not warrant that Product and Services will meet customer's requirements or that the operation thereof will be uninterrupted or error-free, or that errors will be corrected. Without limiting the generality of the foregoing disclaimer, Product is not specifically designed, manufactured or intended for use in the planning, construction, maintenance, control, or direct operation of nuclear facilities; aircraft navigation, control or communication systems; weapons systems; or direct life support systems.
Warranty and Disclaimer. 11.1 Each party represents and warrants that (i) it has the power and authority to enter into and perform its obligations under this Agreement and (ii) to the best of each party’s knowledge, it currently has no restrictions that would impair its ability to perform its obligations under this Agreement.
Warranty and Disclaimer. ASTRIS gives no warranty with respect to the workmanship, merchantability or fitness for a particular purpose of the ASTRIS power generators where same have been incorporated into any product produced by TROPICAL. TROPICAL acknowledges the developmental and/or experimental nature of the products and that as a result of such nature the products have not been approved or certified in any manner by any independent third party or governmental regulatory authority or body, and TROPICAL agrees to take all necessary precautions suitable for handling such early stage technology. ASTRIS warrants the products solely to TROPICAL and solely against defects in workmanship and materials for a period of ninety (90) days from the date of delivery to TROPICAL (“Warranty Period”). All warranty claims must be requested of ASTRIS prior to the expiration of the applicable Warranty Period. TROPICAL may not transfer this warranty. TROPICAL’s sole remedy, and ASTRIS’ sole liability for a covered warranty defect shall be for ASTRIS, at its sole discretion, to either repair or replace the defective product at no charge, or to refund the price for the affected product. These warranties are void if the applicable product has been altered in any way or damaged by accident, misuse or abuse, including, but not limited to, the use of unauthorized third party software or repairs, power surges, excessive heat or humidity. ASTRIS’ warranty obligations shall not be enlarged or diminished by ASTRIS’ provision of technical advice to TROPICAL. THE PRECEEDING WARRANTY DOES NOT APPLY TO (I) ANY SOFTWARE COMPONENTS OF THE PRODUCT; (II) ANY THIRD PARTY SOFTWARE DISTRIBUTED ON OR WITH THE PRODUCT; (III) ANY EXPENDABLE COMPONENTS INCLUDING, BUT NOT LIMITED TO, FUSES, FILTERS, BULBS, AND CLEANING ACCESSORIES; AND (IV) ANY PRODUCTS NOT MANUFACTURED BY OR FOR ASTRIS (THE “EXCLUDED ITEMS”). THE EXCLUDED ITEMS ARE LICENSED TO THE LICENSEE ON AN AS IS BASIS. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED HEREIN, ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE PRODUCTS, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY ASTRIS OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED. THE REMEDIES SET FORTH HEREIN SHALL BE THE SOLE AND EXCLUSIVE REMEDIES OF TROPICAL WITH RESPECT TO ANY DEFECTIVE PRODUCT.
Warranty and Disclaimer. The Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimises errors and interruptions in the Services and shall perform the Implementation Services in a professional and proper manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by the Company or by third-party providers, or because of other causes beyond the Company’s reasonable control, but the Company shall use reasonable efforts to provide advance notice in writing or by email of any scheduled service disruption. However, the Company does not warrant that the Services will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the Services. While all due care has been taken, the Company does not warrant that the operation of the Services will be uninterrupted or error free or that any third party components of the Services, will be accurate or error free or that the Services will be compatible with any application, program or software not specifically identified as compatible by the Company. The Company’s obligation and the Customer’s exclusive remedy during the Service Term are limited, in the Company’s absolute discretion, to:
