Common use of Warranty and Disclaimer of Other Warranties Clause in Contracts

Warranty and Disclaimer of Other Warranties. SELLER WARRANTS TO BUYER THAT PRODUCTS OF ITS OWN MANUFACTURE MEET ITS SPECIFICATIONS UPON DELIVERY AND THAT SUCH PRODUCTS ARE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP UNDER THE INTENDED USE AND SERVICE FOR A PERIOD ENDING ON THE EXPIRATION DATE SET FORTH ON THE LABELING OF THE SUBJECT GOODS. WITH RESPECT TO QUANTITIES, DIMENSIONS, AND WEIGHTS, THE PRODUCTS ARE NOT DEFECTIVE IF THE PRODUCTS ARE WITHIN THE 10% TOLERANCE ACCEPTED IN THE INDUSTRY, UNLESS APPLICABLE LAW MANDATES A LESSER PERCENTAGE TOLERANCE, INCLUDING ZERO. THIS WARRANTY DOES NOT APPLY TO DEFECTS CAUSED BY SHIPPING DAMAGES, DEFECTS CAUSED BY THE UNINTENDED USE OF THE PRODUCTS, OR DEFECTS CAUSED BY NEGLECT, ACCIDENT OR ORDINARY WEAR AND TEAR. THIS WARRANTY DOES NOT EXTEND BEYOND THE ORIGINAL WARRANTY PERIOD NOTWITHSTANDING THAT THE PRODUCTS MAY HAVE TO BE REPAIRED OR REPLACED BY SELLER ON ONE OR MORE OCCASIONS DURING THIS PERIOD. IN ORDER TO INVOKE ITS REMEDIAL RIGHTS UNDER THIS WARRANTY WITH RESPECT TO PRODUCTS WITH NON-LATENT DEFECTS, THE BUYER MUST FOLLOW THE PROCEDURES SET FORTH IN SECTION 7.3. IN ORDER TO INVOKE ITS REMEDIAL RIGHTS UNDER THIS WARRANTY WITH RESPECT TO PRODUCTS WITH LATENT DEFECTS, THE BUYER MUST FOLLOW THE PROCEDURES SET FORTH IN SECTION 7.4. FAILURE TO PROVIDE TIMELY, WRITTEN NOTIFICATION OF DEFECTS CONSTITUTES A WAIVER OF ANY CLAIM WITH RESPECT TO SUCH PRODUCTS. EXCEPT WITH RESPECT TO LATENT DEFECTS, PRODUCTS ARE DEEMED TO SATISFY THE TERMS OF THE WARRANTY AND TO BE FREE FROM DEFECTS AS SOON THE PRODUCTS ARE USED OR PLACED IN STORAGE. THE PURCHASER’S EXCLUSIVE REMEDY UNDER THIS WARRANTY SHALL BE LIMITED TO THE REPAIR OR REPLACEMENT OF DEFECTIVE PRODUCTS UNLESS SELLER, IN ITS SOLE DISCRETION, AND UPON SUCH TERMS AS SELLER MAY REASONABLY ESTABLISH, INSTEAD ELECTS TO REFUND THE INVOICE VALUE OF THE PRODUCTS. WHETHER THE REMEDY IS REPAIR, REPLACEMENT OR REFUND, BUYER IS RESPONSIBLE FOR ALL COSTS INCURRED IN SHIPPING DEFECTIVE PRODUCTS TO SELLER. IN NO EVENT SHALL ANY LIABILITY OF SELLER EXCEED THE PURCHASE PRICE OF THE PRODUCTS, AND SELLER SHALL NOT BE LIABLE TO BUYER, ITS AFFILIATES OR A THIRD PARTY FOR INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SALE OR USE OF THE PRODUCTS. WITH RESPECT TO CREDIT SALES, A BUYER’S OBLIGATION TO MAKE CREDIT PAYMENTS IS NOT TOLLED, SUSPENDED OR OTHERWISE EFFECTED IN THE EVENT THAT THIS WARRANTY IS BREACHED. SELLER SHALL NOT BE LIABLE TO BUYER, ITS AFFILIATES OR A THIRD PARTY FOR ANY DAMAGES ARISING OUT OF THE USE OF ANY PRODUCT OR PRODUCTS IN ANY MANNER CONTRARY TO SELLER’S INSTRUCTIONS.

Warranty and Disclaimer of Other Warranties. SELLER WARRANTS TO BUYER WE WARRANT THAT PRODUCTS THE CURRENT VERSION OF ITS OWN MANUFACTURE MEET ITS SPECIFICATIONS UPON DELIVERY AND THAT SUCH PRODUCTS ARE FREE FROM DEFECTS THE PRODUCT WILL PERFORM SUBSTANTIALLY IN MATERIAL AND WORKMANSHIP UNDER ACCORDANCE WITH THE INTENDED USE AND SERVICE DOCUMENTATION FOR A PERIOD ENDING ON OF ONE HUNDRED EIGHTY (180) DAYS FROM YOUR RECEIPT THEREOF. EXCEPT AS SPECIFICALLY STATED, THERE ARE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, FOR THE EXPIRATION DATE SET FORTH ON THE LABELING PRODUCT. WE EXPRESSLY DISCLAIM ANY WARRANTY AS TO PERFORMANCE OF THE SUBJECT GOODSPRODUCT AS INSTALLED ON ANY PARTICULAR COMPUTER, NETWORK OR NETWORK FILE SERVER OR DEVICE THEREIN. WITH RESPECT TO QUANTITIESWE ALSO EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, DIMENSIONSINCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND WEIGHTS, FITNESS FOR A PARTICULAR PURPOSE. IN THE PRODUCTS EVENT THAT YOU ARE NOT DEFECTIVE IF SATISFIED WITH THE PRODUCTS ARE WITHIN THE 10% TOLERANCE ACCEPTED IN THE INDUSTRY, UNLESS APPLICABLE LAW MANDATES A LESSER PERCENTAGE TOLERANCE, INCLUDING ZERO. THIS WARRANTY DOES NOT APPLY TO DEFECTS CAUSED BY SHIPPING DAMAGES, DEFECTS CAUSED BY THE UNINTENDED USE PERFORMANCE OF THE PRODUCTSPRODUCT, OR DEFECTS CAUSED BY NEGLECT, ACCIDENT OR ORDINARY WEAR AND TEAR. THIS WARRANTY DOES NOT EXTEND BEYOND YOUR SOLE REMEDY IS TO INFORM US WITHIN ONE HUNDRED EIGHTY (180) DAYS OF PURCHASE THAT YOU WILL CEASE USING THE ORIGINAL WARRANTY PERIOD NOTWITHSTANDING THAT THE PRODUCTS MAY HAVE TO BE REPAIRED OR REPLACED BY SELLER ON ONE OR MORE OCCASIONS DURING THIS PERIOD. PRODUCT IN ORDER TO INVOKE ITS REMEDIAL RIGHTS UNDER THIS WARRANTY WITH RESPECT TO PRODUCTS WITH NON-LATENT DEFECTS, THE BUYER MUST FOLLOW THE PROCEDURES SET FORTH IN SECTION 7.3. IN ORDER TO INVOKE ITS REMEDIAL RIGHTS UNDER THIS WARRANTY WITH RESPECT TO PRODUCTS WITH LATENT DEFECTS, THE BUYER MUST FOLLOW THE PROCEDURES SET FORTH IN SECTION 7.4. FAILURE TO PROVIDE TIMELY, WRITTEN NOTIFICATION OF DEFECTS CONSTITUTES EXCHANGE FOR A WAIVER OF ANY CLAIM WITH RESPECT TO SUCH PRODUCTS. EXCEPT WITH RESPECT TO LATENT DEFECTS, PRODUCTS ARE DEEMED TO SATISFY THE TERMS REFUND OF THE WARRANTY SOFTWARE AND SUPPORT SUBSCRIPTION PURCHASE PRICE PAID. OUR LIABILITY TO BE FREE FROM DEFECTS AS SOON YOU OR ANYONE ELSE FOR DAMAGES SHALL NOT EXCEED THE PRODUCTS ARE USED OR PLACED IN STORAGE. INITIAL LICENSE FEE YOU PAID FOR THE PURCHASER’S EXCLUSIVE REMEDY UNDER THIS WARRANTY SHALL BE LIMITED TO THE REPAIR OR REPLACEMENT OF DEFECTIVE PRODUCTS UNLESS SELLER, IN ITS SOLE DISCRETION, AND UPON SUCH TERMS AS SELLER MAY REASONABLY ESTABLISH, INSTEAD ELECTS TO REFUND THE INVOICE VALUE OF THE PRODUCTS. WHETHER THE REMEDY IS REPAIR, REPLACEMENT OR REFUND, BUYER IS RESPONSIBLE FOR ALL COSTS INCURRED IN SHIPPING DEFECTIVE PRODUCTS TO SELLERPRODUCT. IN NO EVENT SHALL ANY LIABILITY OF SELLER EXCEED WE, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE PURCHASE PRICE CREATION, PRODUCTION, OR DELIVERY OF THE PRODUCTSPRODUCT, AND SELLER SHALL NOT BE LIABLE TO BUYER, ITS AFFILIATES OR A THIRD PARTY FOR INCIDENTALANY INDIRECT, SPECIAL, PUNITIVE CONSEQUENTIAL OR CONSEQUENTIAL INCIDENTAL DAMAGES RESULTING FROM OR RELATING TO THE USE OF THE PRODUCT OR ARISING OUT OF THE SALE OR USE OF THE PRODUCTS. WITH RESPECT TO CREDIT SALES, A BUYER’S OBLIGATION TO MAKE CREDIT PAYMENTS IS NOT TOLLED, SUSPENDED OR OTHERWISE EFFECTED IN THE EVENT THAT THIS WARRANTY IS BREACHED. SELLER SHALL NOT BE LIABLE TO BUYER, ITS AFFILIATES OR A THIRD PARTY FOR ANY DAMAGES ARISING OUT OF THE USE BREACH OF ANY PRODUCT OR PRODUCTS IN ANY MANNER CONTRARY TO SELLER’S INSTRUCTIONSWARRANTY, EVEN IF CAUSED BY THE NEGLIGENCE OF DBA SOFTWARE, INC. (Please Note: Some jurisdictions may not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages, so the above exclusion and limitation may not apply to you.)

Warranty and Disclaimer of Other Warranties. SELLER WARRANTS TO BUYER WE WARRANT THAT PRODUCTS THE PRODUCT WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION FOR A PERIOD OF ITS OWN MANUFACTURE MEET ITS SPECIFICATIONS UPON DELIVERY AND THIRTY (30) DAYS FROM YOUR RECEIPT THEREOF. NOTWITHSTANDING THE ABOVE, WE WARRANT THAT SUCH PRODUCTS ARE THE SOFTWARE MEDIA IS FREE FROM DEFECTS IN MATERIAL MANUFACTURE. WE WILL REPLACE ANY DEFECTIVE MEDIA AT NO CHARGE SUBJECT TO NOTIFICATION OF THE SAID DEFECT WITHIN THIRTY (30) DAYS OF THE DATE THAT YOU ACQUIRED THE PRODUCT. EXCEPT AS SPECIFICALLY STATED, THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, FOR THE PRODUCT. WE EXPRESSLY DISCLAIM ANY WARRANTY AS TO PERFORMANCE OF THE PRODUCT AS INSTALLED IN ANY PARTICULAR DEVICE, COMPUTER, NETWORK OR NETWORK FILE SERVER OR WITH OTHER HARDWARE OR SOFTWARE THEREIN. WE ALSO EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND WORKMANSHIP UNDER THE INTENDED USE AND SERVICE FITNESS FOR A PERIOD ENDING ON PARTICULAR PURPOSE. IN THE EXPIRATION DATE SET FORTH ON EVENT THAT YOU ARE NOT SATISFIED WITH THE LABELING PERFORMANCE OF THE SUBJECT GOODS. WITH RESPECT PRODUCT, YOU MAY AS YOUR SOLE REMEDY RETURN THE PRODUCT TO QUANTITIES, DIMENSIONS, AND WEIGHTS, THE PRODUCTS ARE NOT DEFECTIVE IF THE PRODUCTS ARE US WITHIN THE 10% TOLERANCE ACCEPTED IN THE INDUSTRY, UNLESS APPLICABLE LAW MANDATES A LESSER PERCENTAGE TOLERANCE, INCLUDING ZERO. THIS WARRANTY DOES NOT APPLY TO DEFECTS CAUSED BY SHIPPING DAMAGES, DEFECTS CAUSED BY THE UNINTENDED USE THIRTY (30) DAYS OF THE PRODUCTS, OR DEFECTS CAUSED BY NEGLECT, ACCIDENT OR ORDINARY WEAR AND TEARDATE THAT YOU ACQUIRED THE PRODUCT SPECIFYING THE REASON FOR YOUR RETURN. THIS WARRANTY DOES NOT EXTEND BEYOND THE ORIGINAL WARRANTY PERIOD NOTWITHSTANDING THAT THE PRODUCTS MAY HAVE TO BE REPAIRED OR REPLACED BY SELLER ON ONE OR MORE OCCASIONS DURING THIS PERIOD. IN ORDER TO INVOKE ITS REMEDIAL RIGHTS UNDER THIS WARRANTY WITH RESPECT TO PRODUCTS WITH NON-LATENT DEFECTS, THE BUYER MUST FOLLOW THE PROCEDURES SET FORTH IN SECTION 7.3. IN ORDER TO INVOKE ITS REMEDIAL RIGHTS UNDER THIS WARRANTY WITH RESPECT TO PRODUCTS WITH LATENT DEFECTS, THE BUYER MUST FOLLOW THE PROCEDURES SET FORTH IN SECTION 7.4. FAILURE TO PROVIDE TIMELY, WRITTEN NOTIFICATION OF DEFECTS CONSTITUTES A WAIVER OF ANY CLAIM WITH RESPECT TO SUCH PRODUCTS. EXCEPT WITH RESPECT TO LATENT DEFECTS, PRODUCTS ARE DEEMED TO SATISFY THE TERMS OF THE WARRANTY AND TO BE FREE FROM DEFECTS AS SOON THE PRODUCTS ARE USED OR PLACED IN STORAGE. THE PURCHASER’S EXCLUSIVE REMEDY UNDER THIS WARRANTY SHALL BE LIMITED TO THE REPAIR OR REPLACEMENT OF DEFECTIVE PRODUCTS UNLESS SELLER, IN ITS SOLE AT OUR DISCRETION, AND UPON SUCH TERMS AS SELLER MAY REASONABLY ESTABLISH, INSTEAD ELECTS WE RESERVE THE RIGHT TO EITHER EXCHANGE THE PRODUCT OR REFUND THE INVOICE VALUE OF PURCHASE PRICE LICENSE FEE, LESS SHIPPING, HANDLING AND RESTOCKING CHARGES AND UNPAID CHARGES FOR SUPPORT SERVICES. OUR LIABILITY TO YOU OR ANYONE ELSE FOR DAMAGES SHALL NOT EXCEED THE PRODUCTS. WHETHER LICENSE FEE YOU PAID FOR THE REMEDY IS REPAIR, REPLACEMENT OR REFUND, BUYER IS RESPONSIBLE FOR ALL COSTS INCURRED IN SHIPPING DEFECTIVE PRODUCTS TO SELLERPRODUCT. IN NO EVENT SHALL ANY LIABILITY OF SELLER EXCEED WE, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE PURCHASE PRICE CREATION, PRODUCTION, DELIVERY, INSTALLATION, TRAINING OR SUPPORT OF THE PRODUCTSPRODUCT, AND SELLER SHALL NOT BE LIABLE TO BUYER, ITS AFFILIATES OR A THIRD PARTY FOR INCIDENTALANY INDIRECT, SPECIAL, PUNITIVE CONSEQUENTIAL OR CONSEQUENTIAL INCIDENTAL DAMAGES RESULTING FROM OR RELATED TO THE USE OF THE PRODUCT OR ARISING OUT OF THE SALE OR USE OF THE PRODUCTS. WITH RESPECT TO CREDIT SALES, A BUYER’S OBLIGATION TO MAKE CREDIT PAYMENTS IS NOT TOLLED, SUSPENDED OR OTHERWISE EFFECTED IN THE EVENT THAT THIS WARRANTY IS BREACHED. SELLER SHALL NOT BE LIABLE TO BUYER, ITS AFFILIATES OR A THIRD PARTY FOR ANY DAMAGES ARISING OUT OF THE USE BREACH OF ANY PRODUCT OR PRODUCTS IN ANY MANNER CONTRARY TO SELLER’S INSTRUCTIONSWARRANTY, EVEN IF CAUSED BY THE NEGLIGENCE OF DEVELOPMENT-X LIMITED. (Please Note: Some jurisdictions do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages, so the above exclusion and limitation may not apply to you.)

Warranty and Disclaimer of Other Warranties. SELLER WARRANTS TO BUYER THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, FOR THE SOFTWARE OR DOCUMENTATION, PROVIDED, HOWEVER THAT PRODUCTS OF ITS OWN MANUFACTURE MEET ITS SPECIFICATIONS UPON DELIVERY AND WE DO WARRANT THAT SUCH PRODUCTS ARE FREE FROM DEFECTS THE SOFTWARE WILL PERFORM SUBSTANTIALLY IN MATERIAL AND WORKMANSHIP UNDER ACCORDANCE WITH THE INTENDED USE AND SERVICE DOCUMENTATION FOR A PERIOD ENDING ON THE EXPIRATION DATE SET FORTH ON THE LABELING OF NINETY DAYS FROM YOUR RECEIPT THEREOF. WE EXPRESSLY DISCLAIM ANY WARRANTY AS TO PERFORMANCE OF THE SUBJECT GOODSSOFTWARE AS INSTALLED ON ANY PARTICULAR COMPUTER, COMPUTER NETWORK OR DEVICE THEREIN. WITH RESPECT TO QUANTITIESWE ALSO EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, DIMENSIONS, INCLUDING (WITHOUT LIMITATION)IMPLIED WARRANTIES OF MERCHANTABILITY AND WEIGHTS, FITNESS FOR A PARTICULAR PURPOSE. IN THE PRODUCTS EVENT THAT YOU ARE NOT DEFECTIVE IF SATISFIED WITH THE PRODUCTS ARE WITHIN THE 10% TOLERANCE ACCEPTED IN THE INDUSTRY, UNLESS APPLICABLE LAW MANDATES A LESSER PERCENTAGE TOLERANCE, INCLUDING ZERO. THIS WARRANTY DOES NOT APPLY TO DEFECTS CAUSED BY SHIPPING DAMAGES, DEFECTS CAUSED BY THE UNINTENDED USE PERFORMANCE OF THE PRODUCTSSOFTWARE, OR DEFECTS CAUSED BY NEGLECTYOUR SOLE REMEDY IS TO RETURN THE PRODUCT TO US IN EXCHANGE FOR A CREDIT TO YOUR Global Electronics, ACCIDENT OR ORDINARY WEAR AND TEAR. THIS WARRANTY DOES NOT EXTEND BEYOND THE ORIGINAL WARRANTY PERIOD NOTWITHSTANDING THAT THE PRODUCTS MAY HAVE TO BE REPAIRED OR REPLACED BY SELLER ON ONE OR MORE OCCASIONS DURING THIS PERIOD. IN ORDER TO INVOKE ITS REMEDIAL RIGHTS UNDER THIS WARRANTY WITH RESPECT TO PRODUCTS WITH NON-LATENT DEFECTS, THE BUYER MUST FOLLOW THE PROCEDURES SET FORTH IN SECTION 7.3. IN ORDER TO INVOKE ITS REMEDIAL RIGHTS UNDER THIS WARRANTY WITH RESPECT TO PRODUCTS WITH LATENT DEFECTS, THE BUYER MUST FOLLOW THE PROCEDURES SET FORTH IN SECTION 7.4. FAILURE TO PROVIDE TIMELY, WRITTEN NOTIFICATION OF DEFECTS CONSTITUTES A WAIVER OF ANY CLAIM WITH RESPECT TO SUCH PRODUCTS. EXCEPT WITH RESPECT TO LATENT DEFECTS, PRODUCTS ARE DEEMED TO SATISFY THE TERMS Ltd. ACCOUNT OF THE WARRANTY PURCHASE PRICE, LESS SHIPPING, HANDLING, UNPAID SUPPORT CHARGES AND TO BE FREE FROM DEFECTS AS SOON THE PRODUCTS ARE USED OR PLACED IN STORAGEA 15% RESTOCKING FEE. THE PURCHASER’S EXCLUSIVE REMEDY UNDER THIS WARRANTY NO CASH REFUNDS SHALL BE LIMITED MADE UNDER ANY CIRCUMSTANCE. OUR LIABILITY TO YOU OR ANYONE ELSE FOR DAMAGES SHALL NOT EXCEED THE REPAIR OR REPLACEMENT OF DEFECTIVE PRODUCTS UNLESS SELLER, IN ITS SOLE DISCRETION, LICENSE FEE PAID TO GLOBAL FOR THE SOFTWARE AND UPON SUCH TERMS AS SELLER MAY REASONABLY ESTABLISH, INSTEAD ELECTS TO REFUND THE INVOICE VALUE OF THE PRODUCTS. WHETHER THE REMEDY IS REPAIR, REPLACEMENT OR REFUND, BUYER IS RESPONSIBLE FOR ALL COSTS INCURRED IN SHIPPING DEFECTIVE PRODUCTS TO SELLERDOCUMENTATION. IN NO EVENT SHALL ANY LIABILITY OF SELLER EXCEED WE, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE PURCHASE PRICE CREATION, PRODUCTION, OR DELIVERY OF THE PRODUCTSSOFTWARE OR DOCUMENTATION, AND SELLER SHALL NOT BE LIABLE TO BUYER, ITS AFFILIATES OR A THIRD PARTY FOR INCIDENTALANY INDIRECT, SPECIAL, PUNITIVE CONSEQUENTIAL OR CONSEQUENTIAL INCIDENTAL DAMAGES RESULTING FROM THE USE OF THE SOFTWARE OR DOCUMENTATION OR ARISING OUT OF THE SALE OR USE OF THE PRODUCTS. WITH RESPECT TO CREDIT SALES, A BUYER’S OBLIGATION TO MAKE CREDIT PAYMENTS IS NOT TOLLED, SUSPENDED OR OTHERWISE EFFECTED IN THE EVENT THAT THIS WARRANTY IS BREACHED. SELLER SHALL NOT BE LIABLE TO BUYER, ITS AFFILIATES OR A THIRD PARTY FOR ANY DAMAGES ARISING OUT OF THE USE BREACH OF ANY PRODUCT OR PRODUCTS IN ANY MANNER CONTRARY TO SELLER’S INSTRUCTIONS.WARRANTY, EVEN IF CAUSED BY THE NEGLIGENCE OF GLOBAL